HB 2331 — electric service providers; energy reliability
Last action — Senate Second Reading
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✓Introduced
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✓In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 57th Legislature - Second Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
77 added · 101 removedPlain-language change summary
The recent amendments to House Bill 2331 switch the focus from "electric service providers" to "public power entities" and emphasize the necessity for these entities to use "reliable resources" for energy generation. Starting in 2030, public power entities serving over one million customers in Arizona must ensure that at least 85% of the energy they provide is from reliable sources. This change is significant because it aims to enhance energy reliability, ensuring that customers receive consistent and dependable electricity. The bill also includes new definitions and requirements that support a cleaner and more resilient energy supply.
Fifty-seventhHouse LegislatureEngrossed Naturalelectric Resources,service Energyproviders; & Water Second Regular Session H.B.
2331energy PROPOSEDreliability HOUSE(now: OF REPRESENTATIVES AMENDMENTS TO H.B.
2331electric (Referenceutility; to printed bill) Strike everything after the enacting clause and insert:
"Sectionreliable 1.energy standard) State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session HOUSE BILL 2331 AN ACT AMENDING TITLE 30, CHAPTER 6, ARTICLE 1, ARIZONA REVISED STATUTES, BY ADDING SECTION 30-812;
TitleAMENDING TITLE 40, chapterCHAPTER 2, articleARTICLE 1, ArizonaARIZONA RevisedREVISED Statutes,STATUTES, isBY amendedADDING bySECTION adding40-207; section 40-207, to read:
40-207.RELATING TO RELIABLE ELECTRIC RESOURCES.
Electric(TEXT distributionOF utility;BILL BEGINS ON NEXT PAGE) - i - H.B.
2331 Be it enacted by the Legislature of the State of Arizona:
Section 1.
Title 30, chapter 6, article 1, Arizona Revised Statutes, is amended by adding section 30-812, to read:
30-812.
Public power entity;
enforcement;
annual report;
rules;
ON OR AFTER JANUARY 1, 2030, ANA ELECTRICPUBLIC DISTRIBUTIONPOWER UTILITYENTITY THAT SERVES MORE THAN ONE MILLION CUSTOMERS IN THIS STATE SHALL ENSURE THAT AT LEAST EIGHTY-FIVE PERCENT OF THE GENERATING CAPACITY THAT IS RELIED ON TO SERVE RETAIL LOAD CUSTOMERS CONSISTS OF RELIABLE RESOURCES.
FOR THE COMMISSIONPURPOSES SHALLOF ENFORCE THIS SECTIONSECTION: IN ALL RELEVANT ADMINISTRATIVE PROCEEDINGS, INCLUDING:
ANY"GENERATING INTEGRATEDCAPACITY": RESOURCE PLAN OR EQUIVALENT PLANNING DOCKET.
(a) MEANS THE NAMEPLATE ALTERNATING CURRENT CAPACITY, MEASURED IN MEGAWATTS, OF ELECTRIC GENERATION RESOURCES THAT ARE OWNED, CONTROLLED, CONTRACTED FOR OR OTHERWISE RELIED ON BY A PUBLIC POWER ENTITY TO SERVE RETAIL LOAD IN THIS STATE.
(b) INCLUDES CAPACITY FROM UTILITY-OWNED RESOURCES AND CAPACITY FROM PURCHASED POWER OR TOLLING ARRANGEMENTS THAT PROVIDE CAPACITY VALUE TO THE PUBLIC POWER ENTITY.
ANY"INTERMITTENT CERTIFICATEAVAILABILITY" OFMEANS ENVIRONMENTALRESOURCE COMPATIBILITY,AVAILABILITY CERTIFICATETHAT OFIS CONVENIENCEPRIMARILY ANDDEPENDENT NECESSITYON WEATHER CONDITIONS, SOLAR IRRADIANCE, WIND SPEEDS OR OTHER APPROVALNATURALLY PROCEEDINGS.VARIABLE CONDITIONS BEYOND THE OPERATOR'S CONTROL AND THAT CANNOT BE DISPATCHED ON DEMAND TO MEET SYSTEM NEEDS AS DETERMINED BY THE CORPORATION COMMISSION.
ANY"RELIABLE RATERESOURCE" CASEMEANS AN ELECTRIC GENERATION RESOURCE THAT IS DISPATCHABLE OR IS CAPABLE OF PROVIDING BASELOAD ENERGY AND COSTTHAT RECOVERYIS PROCEEDING.NOT SUBJECT TO INTERMITTENT AVAILABILITY, EXCEPT FOR ROUTINE MAINTENANCE AND REPAIRS.
4.Sec.
ANY COMPETITIVE SOLICITATION, REQUEST FOR PROPOSALS AND PROCUREMENT APPROVAL.
C.
THE COMMISSION SHALL ENSURE THAT INTEGRATED RESOURCE PLANS, PROCUREMENTS AND COST RECOVERY REQUESTS ARE CONSISTENT WITH SUBSECTION A OF THIS SECTION.
D.
BEGINNING JANUARY 1, 2031 AND EACH YEAR THEREAFTER, EACH ELECTRIC DISTRIBUTION UTILITY SHALL FILE A REPORT WITH THE COMMISSION THAT DEMONSTRATES THE ELECTRIC DISTRIBUTION UTILITY'S COMPLIANCE WITH SUBSECTION A OF THIS SECTION.
THE REPORT MUST INCLUDE:
1.
A LIST OF RESOURCES THAT ARE COUNTED TOWARD GENERATING CAPACITY.
THETitle GENERATING40, CAPACITYchapter THAT2, ISarticle ATTRIBUTED1, TOArizona EACHRevised RESOURCE.Statutes, is amended by adding section 40-207, to read:
3.40-207.
THEElectric GENERATINGpublic CAPACITYservice THATcorporation; IS COUNTED AS A RELIABLE RESOURCE.
4.generating capacity;
ANYreliable PERFORMANCEresources; DATA THAT EXPLAINS A RELIABLE RESOURCE.
5.definitions A.
ANYON COMMISSIONOR REQUIREDAFTER CALCULATION,JANUARY ATTESTATION1, OR2030, AUDIT.AN ELECTRIC PUBLIC SERVICE CORPORATION SHALL ENSURE THAT AT LEAST EIGHTY-FIVE PERCENT OF THE GENERATING CAPACITY THAT IS RELIED ON TO SERVE RETAIL LOAD CUSTOMERS CONSISTS OF RELIABLE RESOURCES.
E.B.
THE COMMISSION SHALL MAKE EACH REPORT PUBLICLY AVAILABLE UNLESS THE INFORMATION IS CONFIDENTIAL BY LAW.
Show all 85 changed lines (45 more)
F.
IF THE COMMISSION DETERMINES THAT AN ELECTRIC DISTRIBUTION UTILITY IS NOT IN COMPLIANCE, THE COMMISSION SHALL ORDER A CORRECTIVE ACTION PLAN THAT ACHIEVES COMPLIANCE AS SOON AS PRACTICABLE AND MAY:
1.
NOT ALLOW COST RECOVERY FOR NEW GENERATING CAPACITY INVESTMENTS OR CONTRACTS THAT MATERIALLY CONTRIBUTE TO NONCOMPLIANCE.
H.B.
2331 2.
REQUIRE THAT PROCUREMENT PLANS OR SOLICITATIONS BE MODIFIED.
3.
IMPOSE REASONABLE PERFORMANCE, REPORTING OR ASSURANCE REQUIREMENTS.
4.
TAKE ANY OTHER ACTION WITHIN THE COMMISSION'S JURISDICTION TO ENSURE COMPLIANCE.
G.
THE COMMISSION SHALL PRIORITIZE RELIABILITY AND ADEQUACY OF SERVICE.
H.
THE COMMISSION MAY NOT APPROVE OR ALLOW COST RECOVERY FOR RESOURCE ACTIONS THAT WOULD REASONABLY BE EXPECTED TO CAUSE THE ELECTRIC DISTRIBUTION UTILITY'S GENERATING CAPACITY TO FALL BELOW EIGHT-FIVE PERCENT OF RELIABLE RESOURCES.
I.
THE COMMISSION SHALL ADOPT RULES TO IMPLEMENT THIS SECTION.
THE RULES MUST INCLUDE:
1.
THE METHOD FOR CALCULATING AN ELECTRIC DISTRIBUTION UTILITY'S GENERATING CAPACITY AND THE PORTION THAT QUALIFIES AS RELIABLE RESOURCES.
2.
HOW TO TREAT CONTRACTED RESOURCES, SHARED RESOURCES, CAPACITY IMPORTS AND RESOURCE ACCREDITATION.
3.
REASONABLE VERIFICATION AND AUDITING REQUIREMENTS.
J.
(a) MEANS THE NAMEPLATE ALTERNATING CURRENT CAPACITY, MEASURED IN MEGAWATTS, OF ELECTRIC GENERATION RESOURCES THAT ARE OWNED, CONTROLLED, CONTRACTED FOR OR OTHERWISE RELIED ON BY AN ELECTRIC DISTRIBUTIONPUBLIC UTILITYSERVICE CORPORATION TO SERVE RETAIL LOAD IN THIS STATE.
(b) INCLUDES CAPACITY FROM UTILITY-OWNED RESOURCES AND CAPACITY FROM PURCHASED POWER OR TOLLING ARRANGEMENTS THAT PROVIDE CAPACITY VALUE TO THE ELECTRIC DISTRIBUTIONPUBLIC UTILITY.SERVICE CORPORATION.
2.- 1 - H.B.
2331 2.
"PERFORMANCE"RELIABLE STANDARD"RESOURCE" MEANS AN ANNUALELECTRIC AVAILABILITYGENERATION ORRESOURCE CAPACITYTHAT STANDARDIS DISPATCHABLE OR OTHER OBJECTIVE RELIABILITY METRIC THAT IS ADOPTEDCAPABLE BYOF THEPROVIDING COMMISSIONBASELOAD INENERGY RULE AND THAT MEASURESIS WHETHERNOT ASUBJECT RESOURCETO ISINTERMITTENT CAPABLEAVAILABILITY, OFEXCEPT BEINGFOR AVAILABLEROUTINE WHENMAINTENANCE NEEDED.AND REPAIRS.
4.
"RELIABLE RESOURCE" MEANS AN ELECTRIC GENERATION RESOURCE THAT IS DISPATCHABLE AND THAT IS NOT SUBJECT TO INTERMITTENT AVAILABILITY, EXCEPT FOR ROUTINE MAINTENANCE AND REPAIRS.
5.
"RESOURCE ACCREDITATION":
(a) MEANS THE PROCESS OF ASSIGNING A CREDIT TO A RELIABLE RESOURCE TO DESCRIBE HOW MUCH THE RELIABLE RESOURCE CONTRIBUTES TO GENERATING CAPACITY AT ALL TIMES.
(b) INCLUDES THE LOAD CARRYING CAPACITY.
-2- H.B.
2331 Sec.
2.
Legislative intent The legislature intends that this act is necessary for the convenience, comfort and safety of and the preservation of the health of public service corporation patrons.
ShortLegislative titleintent ThisThe actlegislature mayintends bethat citedthis asact is necessary for the "Energyconvenience, Reliabilitycomfort Standardsand Act"."safety Amendof titleand tothe conformpreservation RALPHof HEAPthe 2331HEAPhealth SE.docxof 01/30/2026public 1:49service PMcorporation C:patrons.
SKSec. 130XADCIR -3-
4.
Short title This act may be cited as the "Energy Reliability Standards Act".
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Show all 85 changed rows (45 more)
View plain text versions (5)
- Engrossed House Engrossed Version (03/03/2026) Current pdf
- HOUSE - Natural Resources, Energy & Water - Strike Everything View text pdf
- HOUSE - Natural Resources, Energy & Water View text pdf
- Amended HOUSE - Floor Amend to NREW - Heap - passed pdf
- Introduced Introduced Version pdf
Action History
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Senate Second Reading
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Senate First Reading
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Transmit to Senate
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PASSED
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DPA
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DPA/SE
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House Second Reading
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House First Reading.
Sponsors
- Ralph Heap · Cosponsor
- Sr. David Marshall · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 1 co-sponsors · 91 not signed on · 23 voted No
Sponsors (1)
- David Marshall, Sr. Republican
Co-sponsors (1)
- Ralph Heap Republican
Not signed on (91)
91 members have not signed on to this bill.
Show all 91 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
Roll call published as PDF — view source.
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 0 | 23 | 0 | 4 |
| Republican | 32 | 0 | 0 | 1 |
| Total | 32 | 23 | 0 | 5 |
| % of votes cast | 53% | 38% | 0% | 8% |
How each member voted (60)
| Member | Party | Vote |
|---|---|---|
| Aaron Márquez | Democrat | Nay |
| Alma Hernandez | Democrat | Nay |
| Anna Abeytia | Democrat | Nay |
| Betty J Villegas | Democrat | Nay |
| Brian Garcia | Democrat | Nay |
| Cesar Aguilar | Democrat | Nay |
| Christopher Mathis | Democrat | Nay |
| Consuelo Hernandez | Democrat | Nay |
| Elda Luna-Nájera | Democrat | Nay |
| Janeen Connolly | Democrat | Nay |
| Junelle Cavero | Democrat | Nay |
| Kevin Volk | Democrat | Nay |
| Lorena Austin | Democrat | Nay |
| Lupe Contreras | Democrat | Not Voting |
| Lydia Hernandez | Democrat | Nay |
| Mae Peshlakai | Democrat | Nay |
| Mariana Sandoval | Democrat | Nay |
| Myron Tsosie | Democrat | Nay |
| Nancy Gutierrez | Democrat | Nay |
| Oscar De Los Santos | Democrat | Nay |
| Patty Contreras | Democrat | Not Voting |
| Quantá Crews | Democrat | Nay |
| Sarah Liguori | Democrat | Nay |
| Seth Blattman | Democrat | Not Voting |
| Stacey Travers | Democrat | Not Voting |
| Stephanie Simacek | Democrat | Nay |
| Stephanie Stahl Hamilton | Democrat | Nay |
| Alexander Kolodin | Republican | Yea |
| Beverly Pingerelli | Republican | Yea |
| Chris Lopez | Republican | Yea |
| David Livingston | Republican | Yea |
| David Marshall, Sr. | Republican | Yea |
| Gail Griffin | Republican | Yea |
| James Taylor | Republican | Yea |
| Jeff Weninger | Republican | Yea |
| John Gillette | Republican | Yea |
| Joseph Chaplik | Republican | Not Voting |
| Julie Willoughby | Republican | Yea |
| Justin Olson | Republican | Yea |
| Justin Wilmeth | Republican | Yea |
| Khyl Powell | Republican | Yea |
| Laurin Hendrix | Republican | Yea |
| Leo Biasiucci | Republican | Yea |
| Lisa Fink | Republican | Yea |
| Lupe Diaz | Republican | Yea |
| Matt Gress | Republican | Yea |
| Michael Carbone | Republican | Yea |
| Michael Way | Republican | Yea |
| Michele Peña | Republican | Yea |
| Neal Carter | Republican | Yea |
| Nick Kupper | Republican | Yea |
| Pamela Carter | Republican | Yea |
| Quang H Nguyen | Republican | Yea |
| Rachel Keshel | Republican | Yea |
| Ralph Heap | Republican | Yea |
| Selina Bliss | Republican | Yea |
| Steve Montenegro | Republican | Yea |
| Teresa Martinez | Republican | Yea |
| Tony Rivero | Republican | Yea |
| Walt Blackman | Republican | Yea |
Roll call published as PDF — view source.
Subjects
Frequently asked questions
- Who sponsors HB 2331?
- HB 2331 is sponsored by Ralph Heap (Republican) and David Marshall, Sr. (Republican).
- What is the current status of HB 2331?
- This bill died with 57th Legislature - Second Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HB 2331?
- Track HB 2331 free on One Click Politics — get push/email alerts when it moves.
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