Arizona 57th Legislature - First Regular Session Status: Passed House 7 R cosponsors

HB 2223 — wind farms; construction; policies; procedures

Last action — DPA

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 57th Legislature - First 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This bill is no longer active — its legislative session has ended, so there are no live odds of enactment.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

581 added · 786 removed

Plain-language change summary

The recent amendment to House Bill 2223 clarifies the provisions for establishing renewable energy districts by allowing the board of supervisors to designate larger areas of unincorporated land for wind farms and energy storage. Additionally, it specifies that the construction and operation of these facilities must take into account factors such as noise levels and proximity to transport routes. These changes aim to streamline the process for creating renewable energy projects while ensuring they are compatible with the local environment and community plans, which can encourage more investment in renewable energy.

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HOUSE FLOOR AMENDMENT EXPLANATION Bill Number:
House Engrossed wind farms;
HB 2223 Marshall Floor Amendment - Removes the US Bureau of Land Management and replaces it with the State Land Department as the entity that a wind farm owner must provide financial surety to if the wind farm is on public land.
construction;
- Requires the owner of a proposed wind farm to obtain approval from each municipality within 25 miles of the proposed wind farm - Prohibits a windfarm from being located within 25 miles of a municipality that opposes the development of a wind farm.
policies;
- Expands the Game and Fish Departments review of the impacts of the proposed wind farm to include direct, indirect and cumulative impacts.
procedures State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session HOUSE BILL 2223 AN ACT AMENDING SECTION 11-254.07, ARIZONA REVISED STATUTES;
- Prohibits the State Land Department, through action or Gubernatorial direction, from approving the lease of state land for a proposed wind farm if other provided prohibitions exist for the construction of that proposed wind farm.
AMENDING TITLE 11, CHAPTER 6, ARIZONA REVISED STATUTES, BY ADDING ARTICLE 7;
- Places a moratorium on the approval of construction or conditional use permits for six months after the effective date of this act to allow counties to develop rules, regulations and ordinances that conform with this act.
AMENDING TITLE 19, CHAPTER 1, ARTICLE 40, ARIZONA REVISED STATUTES, BY ADDING SECTION 19-144;
Amendment explanation prepared by Corbin W Phone Number 63458 ls 2/19/2025 *corrected* Fifty-seventh Legislature Marshall First Regular Session H.B.
AMENDING TITLE 30, ARIZONA REVISED STATUTES, BY ADDING CHAPTER 2;
2223 MARSHALL FLOOR AMENDMENT HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B.
AMENDING SECTIONS 37-281.02, 37-286, 37-301, 37-461 AND 40-360.06, ARIZONA REVISED STATUTES;
2223 (Reference to printed bill) Amendment instruction key:
RELATING TO RENEWABLE ENERGY.
[GREEN UNDERLINING IN BRACKETS] indicates text added to statute or previously enacted session law.
(TEXT OF BILL BEGINS ON NEXT PAGE) - i - H.B.
[Green underlining in brackets] indicates text added to new session law or text restoring existing law.
2223 Be it enacted by the Legislature of the State of Arizona:
[GREEN STRIKEOUT IN BRACKETS] indicates new text removed from statute or previously enacted session law.
[Green strikeout in brackets] indicates text removed from existing statute, previously enacted session law or new session law.
<<Green carets>> indicate a section added to the bill.
<<Green strikeout in carets>> indicates a section removed from the bill.
The bill as proposed to be amended is reprinted as follows:
House Amendments to H.B.
3.
2223 3.
1.
- 1 - H.B.
2223 1.
-2- House Amendments to H.B.
1.
2223 1.
BY REGULAR FIRST-CLASS MAILING THE NOTICE TO ALL INTERESTED PERSONS WHO HAVE REQUESTED NOTICE OF A PUBLIC HEARING BEFORE THE COUNTY PLANNING AND ZONING COMMISSION.
REGULAR FIRST-CLASS MAILING THE NOTICE TO ALL INTERESTED PERSONS WHO HAVE REQUESTED NOTICE OF A PUBLIC HEARING BEFORE THE COUNTY PLANNING AND ZONING COMMISSION.
11-883.
- 2 - H.B.
Indemnification;
2223 11-883.
financial surety;
Financial surety;
A COUNTY SHALL ADOPT THE FOLLOWING REQUIREMENTS IN ISSUING A PERMIT FOR THE CONSTRUCTION AND CONDITIONAL USE OF A WIND FARM ON PUBLIC OR PRIVATE LAND:
A COUNTY SHALL ADOPT THE FOLLOWING REQUIREMENTS IN ISSUING A PERMIT FOR THE CONSTRUCTION AND CONDITIONAL USE OF A WIND FARM ON PUBLIC LAND:
THE WIND FARM OWNER MUST SUBMIT TO THE COUNTY AN INDEMNITY BOND OR OTHER ASSURANCE APPROVED BY THE COUNTY THAT DOES ALL OF THE FOLLOWING:
THE OWNER OF THE WIND FARM MUST PROVIDE FINANCIAL SURETY IN A FORM AND AMOUNT SATISFACTORY TO THE COUNTY AND THE STATE LAND DEPARTMENT.
(a) INDEMNIFIES AND HOLDS HARMLESS THE COUNTY AND ITS ELECTED AND APPOINTED OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ALL CLAIMS, DEMANDS OR CAUSES OF ACTION AND THE RESULTING LOSSES, COSTS, EXPENSES, ATTORNEY FEES, LIABILITIES, DAMAGES, ORDERS, JUDGMENTS OR DECREES SUSTAINED BY THE COUNTY OR ANY THIRD PARTY ARISING OUT OF OR RESULTING FROM THE OWNER'S OPERATION OF THE WIND FARM THAT RESULTS IN ANY CLAIM FOR DAMAGES, INCLUDING BODILY INJURY, DEATH OR ANY INJURY TO OR DESTRUCTION OF PROPERTY, INCLUDING ANY LOSS OF USE OF THE PROPERTY THAT IS CAUSED IN WHOLE OR IN PART BY THE OWNER OR ANYONE DIRECTLY EMPLOYED BY THE OWNER.
(b) DEFENDS, INDEMNIFIES AND HOLDS THE COUNTY HARMLESS FROM AND AGAINST ALL CLAIMS, CAUSES OF ACTION, DEMANDS AND LIABILITY, INCLUDING DAMAGES, COSTS, EXPENSES, ASSESSMENTS, PENALTIES, FINES, LOSSES, JUDGMENTS AND ATTORNEY FEES THAT THE COUNTY MAY INCUR DUE TO THE EXISTENCE OR DISCOVERY OF ANY HAZARDOUS SUBSTANCES ON THE PROPERTY WHERE THE WIND FARM IS LOCATED OR THE MIGRATION OF ANY HAZARDOUS SUBSTANCES TO OTHER PROPERTIES OR RELEASED INTO THE ENVIRONMENT, TO THE EXTENT THE CLAIMS OR DAMAGES ARE DIRECTLY ATTRIBUTABLE TO THE OWNER'S ACTIVITIES ON THE WIND FARM.
-3- House Amendments to H.B.
2223 (c) PROVIDES THAT THE ASSURANCES, COVENANTS AND REPRESENTATIONS RELATING TO THE INDEMNIFICATION SHALL BE KEPT IN FULL FORCE AND EFFECT DURING THE TERM OF THE AGREEMENT WITH THE COUNTY FOR THE CONSTRUCTION AND CONDITIONAL USE OF THE WIND FARM AND THAT THE INDEMNIFICATION WILL BE BINDING ON ALL SUCCESSORS AND ASSIGNS OF THE OWNER.
2.
THE OWNER OF THE WIND FARM MUST PROVIDE FINANCIAL SURETY IN A FORM AND AMOUNT SATISFACTORY TO THE COUNTY AND [THE UNITED STATES BUREAU OF LAND MANAGEMENT] [THE STATE LAND DEPARTMENT] IF THE WIND FARM IS ON PUBLIC LAND.
2.
THAT ANY FINANCIAL SURETY OR OTHER ASSURANCE REQUIRED PURSUANT TO PARAGRAPH 1 OF THIS SUBSECTION INCLUDE A PROVISION FOR RELEASING THE MONIES TO THE COUNTY IN THE EVENT CLEANUP AND MITIGATION ARE NOT COMPLETED IN A TIMELY MANNER.
THAT ANY INDEMNITY BOND, FINANCIAL SURETY OR OTHER ASSURANCE REQUIRED PURSUANT TO PARAGRAPHS 1 AND 2 OF THIS SUBSECTION INCLUDE A PROVISION FOR RELEASING THE MONIES TO THE COUNTY IN THE EVENT CLEANUP AND MITIGATION ARE NOT COMPLETED IN A TIMELY MANNER.
THAT ANY FINANCIAL SURETY OR OTHER ASSURANCE REQUIRED PURSUANT TO PARAGRAPH 1 OF THIS SUBSECTION BE MAINTAINED FOR THE LIFE OF THE PROJECT.
PROOF OF RECERTIFICATION OF THE FINANCIAL SURETY OR OTHER ASSURANCE INSTRUMENT MUST BE SUBMITTED TO THE COUNTY ANNUALLY.
THAT ANY INDEMNITY BOND, FINANCIAL SURETY OR OTHER ASSURANCE REQUIRED PURSUANT TO PARAGRAPHS 1 AND 2 OF THIS SUBSECTION BE MAINTAINED FOR THE LIFE OF THE PROJECT.
IF THE WIND FARM IS LOCATED ON STATE OR FEDERAL LAND, DECOMMISSIONING OF A WIND FARM MUST INCLUDE AT A MINIMUM ALL OF THE FOLLOWING:
PROOF OF RECERTIFICATION OF THE INDEMNITY BOND, FINANCIAL SURETY OR OTHER ASSURANCE INSTRUMENT MUST BE SUBMITTED TO THE COUNTY ANNUALLY.
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5.
DECOMMISSIONING OF A WIND FARM MUST INCLUDE AT A MINIMUM ALL OF THE FOLLOWING:
(b) PROHIBIT DURING THE REMOVAL AND REMEDIATION OF THE WIND FARM THE DISPOSAL, INCINERATION OR BURIAL ON-SITE OR ON ANY LAND WITHIN THE COUNTY ALL PROJECT MATERIALS.
(b) THE PROHIBITION DURING THE REMOVAL AND REMEDIATION OF THE WIND FARM THE DISPOSAL, INCINERATION OR BURIAL ON-SITE OR ON ANY LAND WITHIN THE COUNTY ALL PROJECT MATERIALS.
(c) THE OWNER OF THE WIND FARM TO PROVIDE FINANCIAL SURETY IN A FORM AND AMOUNT SATISFACTORY TO COVER THE COST OF CLEANUP, DECOMMISSIONING AND RESTORING THE SITE TO ITS ORIGINAL CONDITION ON TERMINATION OF THE PROJECT OR DECOMMISSIONING AFTER THE LIFE OF THE PROJECT.
(c) THAT THE OWNER OF THE WIND FARM PROVIDE FINANCIAL SURETY IN A FORM AND AMOUNT SATISFACTORY TO COVER THE COST OF CLEANUP, DECOMMISSIONING AND RESTORING THE SITE TO ITS ORIGINAL CONDITION ON TERMINATION OF THE PROJECT OR DECOMMISSIONING AFTER THE LIFE OF THE PROJECT.
-4- House Amendments to H.B.
(d) THAT THE FINANCIAL SURETY REQUIRED PURSUANT TO SUBDIVISION (c) OF THIS PARAGRAPH ENSURE THAT THE CLEANUP, MITIGATION, REMOVAL AND DECOMMISSIONING WILL BE UNDERTAKEN AND COMPLETED WITHOUT REGARD TO THE THEN - 3 - H.B.
2223 (d) THE FINANCIAL SURETY REQUIRED PURSUANT TO SUBDIVISION (c) OF THIS PARAGRAPH SHALL ENSURE THAT THE CLEANUP, MITIGATION, REMOVAL AND DECOMMISSIONING WILL BE UNDERTAKEN AND COMPLETED WITHOUT REGARD TO THE THEN EXISTING OWNERSHIP OF OR TITLE TO THE WIND FARM FACILITY AND THE PROPERTY WHERE THE WIND FARM IS LOCATED.
2223 EXISTING OWNERSHIP OF OR TITLE TO THE WIND FARM FACILITY AND THE PROPERTY WHERE THE WIND FARM IS LOCATED.
(e) THE AMOUNT OF THE FINANCIAL SURETY REQUIRED PURSUANT TO SUBDIVISION (c) OF THIS PARAGRAPH BE ADJUSTED ANNUALLY FOR INFLATION BASED ON THE CONSUMER PRICE INDEX OF THE UNITED STATES DEPARTMENT OF LABOR, BUREAU OF LABOR STATISTICS.
(e) THAT THE AMOUNT OF THE FINANCIAL SURETY REQUIRED PURSUANT TO SUBDIVISION (c) OF THIS PARAGRAPH BE ADJUSTED ANNUALLY FOR INFLATION BASED ON THE CONSUMER PRICE INDEX OF THE UNITED STATES DEPARTMENT OF LABOR, BUREAU OF LABOR STATISTICS.
(f) ANY FINANCIAL DOCUMENT EVIDENCING THE MAINTENANCE OF THE CLEANUP, DECOMMISSIONING AND RESTORING MONIES REQUIRED PURSUANT TO SUBDIVISION (c) OF THIS PARAGRAPH SHALL INCLUDE PROVISIONS FOR RELEASING THE MONIES TO THE COUNTY IN THE EVENT DECOMMISSIONING, RESTORING AND CLEANUP ARE NOT COMPLETED IN A TIMELY MANNER.
(f) THAT ANY FINANCIAL DOCUMENT EVIDENCING THE MAINTENANCE OF THE CLEANUP, DECOMMISSIONING AND RESTORING MONIES REQUIRED PURSUANT TO SUBDIVISION (c) OF THIS PARAGRAPH INCLUDE PROVISIONS FOR RELEASING THE MONIES TO THE COUNTY IN THE EVENT DECOMMISSIONING, RESTORING AND CLEANUP ARE NOT COMPLETED IN A TIMELY MANNER.
EVERY THREE YEARS, THE OWNER OF THE WIND FARM SHALL RETAIN AN INDEPENDENT ENGINEER REGISTERED PURSUANT TO TITLE 32, CHAPTER 1 AND APPROVED BY THE COUNTY TO REESTIMATE THE TOTAL COST OF CLEANUP, DECOMMISSIONING AND RESTORING THE WIND FARM AND PROPERTY.
EVERY THREE YEARS, THE OWNER OF THE WIND FARM ON PUBLIC LAND SHALL RETAIN AN INDEPENDENT ENGINEER REGISTERED PURSUANT TO TITLE 32, CHAPTER 1 AND APPROVED BY THE COUNTY TO REESTIMATE THE TOTAL COST OF CLEANUP, DECOMMISSIONING AND RESTORING THE WIND FARM AND PROPERTY.
THE ENGINEER SHALL ATTEST THAT THE VALUE OF THE FINANCIAL SURETY INSTRUMENT REQUIRED PURSUANT TO SUBSECTION A, PARAGRAPH 5, SUBDIVISION (c) OF THIS SECTION IS APPROPRIATE.
THE ENGINEER SHALL ATTEST THAT THE VALUE OF THE FINANCIAL SURETY INSTRUMENT REQUIRED PURSUANT TO SUBSECTION A, PARAGRAPH 4, SUBDIVISION (c) OF THIS SECTION IS APPROPRIATE.
THE COUNTY BOARD OF SUPERVISORS SHALL APPROVE ANY CONVEYANCE, TRANSFER, ASSIGNMENT OR OTHER DIVESTITURE OF OWNERSHIP OF A WIND FARM BEFORE THE TRANSFER OF OWNERSHIP.
IF THE WIND FARM IS LOCATED ON STATE OR FEDERAL LAND, THE COUNTY BOARD OF SUPERVISORS SHALL APPROVE ANY CONVEYANCE, TRANSFER, ASSIGNMENT OR OTHER DIVESTITURE OF OWNERSHIP OF A WIND FARM BEFORE THE TRANSFER OF OWNERSHIP.
11-885.
Impact on private property;
diminution in value;
compensation A.
IF THE ISSUANCE OF A CONSTRUCTION OR CONDITIONAL USE PERMIT FOR A WIND FARM REDUCES ANY EXISTING RIGHTS TO USE, DIVIDE, SELL OR POSSESS PRIVATE REAL PROPERTY OR IF THE CONSTRUCTION OR CONDITIONAL USE OF THE WIND FARM REDUCES THE FAIR MARKET VALUE OF THE REAL PROPERTY, THE PROPERTY OWNER IS ENTITLED TO JUST COMPENSATION FROM THE COUNTY.
-5- House Amendments to H.B.
2223 B.
IF THE COUNTY CLAIMS THE CONSTRUCTION OR CONDITIONAL USE PERMIT ISSUED IS EXEMPT PURSUANT TO SECTION 12-1134, SUBSECTION B, THE BURDEN IS ON THE COUNTY TO DEMONSTRATE THE BASIS OF THE EXEMPTION.
C.
ON THE ISSUANCE OF A CONSTRUCTION OR CONDITIONAL USE PERMIT FOR A WIND FARM, A REAL PROPERTY OWNER WHOSE EXISTING RIGHTS ARE REDUCED OR WHOSE FAIR MARKET VALUE OF THE REAL PROPERTY IS REDUCED HAS A CAUSE OF ACTION FOR JUST COMPENSATION IN A COURT IN THE COUNTY IN WHICH THE REAL PROPERTY IS LOCATED.
AN ACTION FOR JUST COMPENSATION BASED ON DIMINUTION IN VALUE OR USE SHALL BE ASSERTED WITHIN THREE YEARS AFTER THE EFFECTIVE DATE OF ISSUANCE OF THE CONSTRUCTION OR CONDITIONAL USE PERMIT OR AFTER THE FIRST DATE THAT THE REDUCTION OF THE EXISTING RIGHTS TO USE, DIVIDE, SELL OR POSSESS THE REAL PROPERTY APPLIES TO THE REAL PROPERTY, WHICHEVER IS LATER.
THE COUNTY AND PROPERTY OWNER MAY REACH AN AGREEMENT ON THE AMOUNT OF JUST COMPENSATION TO BE PAID BEFORE COMMENCEMENT OF A FORMAL CAUSE OF ACTION.
D.
THE CLAIM FOR JUST COMPENSATION SHALL BE BASED ON A DETERMINATION OF LOSS IN VALUE OR USE ISSUED BY AN APPRAISER LICENSED PURSUANT TO TITLE 32, CHAPTER 36, ARTICLE 2.
E.
THE REMEDY CREATED BY THIS SECTION IS IN ADDITION TO ANY OTHER REMEDY THAT IS PROVIDED BY THE LAWS AND CONSTITUTION OF THIS STATE OR THE UNITED STATES AND IS NOT INTENDED TO MODIFY OR REPLACE ANY OTHER REMEDY.
F.
THIS SECTION DOES NOT PROHIBIT THE COUNTY FROM REACHING AN AGREEMENT WITH A REAL PROPERTY OWNER TO WAIVE A CLAIM FOR DIMINUTION IN VALUE OR USE BASED ON THE ISSUANCE OF A WIND FARM CONSTRUCTION OR CONDITIONAL USE PERMIT.
B.
- 4 - H.B.
2223 B.
-6- House Amendments to H.B.
Sec.
2223 Sec.
"OWNER" MEANS THE PERSON, CORPORATION, ASSOCIATION OR OTHER FIRM THAT OWNS A MAJORITY INTEREST IN THE WIND FARM PROJECT OR WIND FARM PROJECT SITE AND HAS AUTHORITY TO DO BOTH OF THE FOLLOWING:
"OWNER" MEANS THE PERSON, CORPORATION, ASSOCIATION OR OTHER FIRM THAT OWNS A MAJORITY INTEREST IN THE WIND FARM PROJECT AND HAS AUTHORITY TO DO BOTH OF THE FOLLOWING:
consent;
approval;
NOTWITHSTANDING ANY OTHER LAW AND EXCEPT AS PROVIDED IN SUBSECTION B OF THIS SECTION, A WIND FARM MAY NOT BE LOCATED WITHIN SIX MILES OF ANY PROPERTY OWNED BY ANOTHER PERSON UNLESS THE PROPERTY OWNER CONSENTS TO THE LOCATION OF THE WIND FARM IN WRITING.
A WIND FARM MAY NOT BE LOCATED WITHIN SIX MILES OF ANY PROPERTY THAT IS ZONED FOR RESIDENTIAL USE.
A WIND FARM MAY NOT BE LOCATED WITHIN TWELVE MILES OF ANY PROPERTY THAT IS ZONED FOR RESIDENTIAL USE.
[C.
THIS SUBSECTION APPLIES WHETHER THE WIND FARM IS LOCATED ON STATE, FEDERAL OR PRIVATELY OWNED LAND.] 30-303.
THIS SUBSECTION APPLIES WHETHER THE WIND FARM IS LOCATED ON STATE, FEDERAL OR PRIVATELY OWNED LAND.
Public notice A.
- 5 - H.B.
WITHIN TEN DAYS AFTER THE OCCURRENCE, THE OWNER OF A WIND FARM SHALL NOTIFY THE GOVERNING BODY OF ANY POLITICAL SUBDIVISION OF THIS STATE WITHIN A TWENTY-FIVE MILE RADIUS OF THE OUTER PERIMETER OF A PROPOSED WIND FARM WHEN EITHER OF THE FOLLOWING OCCURS:
2223 30-303.
1.
A PERMIT OR OTHER AUTHORIZATION TO INSTALL WIND OR OTHER METEOROLOGICAL MONITORING DEVICES OR TO BEGIN NATURAL RESOURCE SURVEYS, WHICHEVER OCCURS FIRST, HAS BEEN GRANTED BY A FEDERAL AGENCY, THIS STATE OR ANY POLITICAL SUBDIVISION OF THIS STATE.
-7- House Amendments to H.B.
2223 2.
A PRIVATE LANDOWNER HAS GRANTED ACCESS TO THE LANDOWNER'S PROPERTY TO INSTALL WIND OR OTHER METEOROLOGICAL MONITORING DEVICES OR TO BEGIN NATURAL RESOURCE SURVEYS.
B.
WITHIN SIXTY DAYS AFTER RECEIPT OF NOTICE MADE PURSUANT TO SUBSECTION A OF THIS SECTION, THE GOVERNING BODY OF THE POLITICAL SUBDIVISION OF THIS STATE SHALL NOTIFY RESIDENTS OF RECEIPT OF THE NOTICE BY PROMINENTLY POSTING THE NOTICE ON THE OFFICIAL WEBSITE OF THE POLITICAL SUBDIVISION OF THIS STATE AND BY PLACING THE ITEM FOR DISCUSSION ON THE AGENDA OF THE POLITICAL SUBDIVISION'S GOVERNING BODY'S NEXT PUBLIC MEETING.
30-304.
leases;
[UNLESS PROHIBITED BY FEDERAL LAW,] BEFORE [THE APPLICATION] [APPLYING] FOR ANY LEASE OR CONDITIONAL USE PERMIT TO A FEDERAL AGENCY, THIS STATE OR POLITICAL SUBDIVISION OF THIS STATE, OR THE EXECUTION OF A LEASE WITH A PRIVATE LANDOWNER, THE OWNER OF A WIND FARM SHALL OBTAIN THE APPROVAL OF ALL OF THE FOLLOWING:
UNLESS PROHIBITED BY FEDERAL LAW, BEFORE APPLYING FOR ANY LEASE OR CONDITIONAL USE PERMIT TO A FEDERAL AGENCY, THIS STATE OR A POLITICAL SUBDIVISION OF THIS STATE, THE OWNER OF A WIND FARM SHALL OBTAIN THE APPROVAL OF ALL OF THE FOLLOWING:
THE ARIZONA GAME AND FISH DEPARTMENT SHALL ISSUE AN APPROVAL AFTER REVIEW AND ASSESSMENT OF THE [DIRECT, INDIRECT OR CUMULATIVE] IMPACTS OF THE PROPOSED WIND FARM PROJECT ON WILDLIFE.
THE ARIZONA GAME AND FISH DEPARTMENT SHALL ISSUE AN APPROVAL AFTER REVIEW AND ASSESSMENT OF THE DIRECT, INDIRECT OR CUMULATIVE IMPACTS OF THE PROPOSED WIND FARM PROJECT ON WILDLIFE.
-8- House Amendments to H.B.
4.
2223 4.
THE FEDERAL AVIATION ADMINISTRATION'S APPROVAL SHALL BE BASED ON A REVIEW AND DETERMINE IF THE PROPOSED WIND FARM PROJECT IS WITHIN A FEDERAL AVIATION ADMINISTRATION-DESIGNATED CIVILIAN AIRPORT RUNWAY CLEAR ZONE OR RUNWAY PROTECTION ZONE OR A MILITARY AIRFIELD CLEAR ZONE OR ACCIDENT POTENTIAL ZONE.
THE FEDERAL AVIATION ADMINISTRATION'S APPROVAL SHALL BE BASED ON A REVIEW AND DETERMINATION OF WHETHER THE PROPOSED WIND FARM PROJECT IS WITHIN A FEDERAL AVIATION ADMINISTRATION-DESIGNATED CIVILIAN AIRPORT RUNWAY CLEAR ZONE OR RUNWAY PROTECTION ZONE OR A MILITARY AIRFIELD CLEAR ZONE OR ACCIDENT POTENTIAL ZONE.
4.
- 6 - H.B.
2223 4.
[C.
C.
THE STATE LAND DEPARTMENT MAY NOT APPROVE THE LEASE OF STATE LAND FOR A PROPOSED WIND FARM AND THE GOVERNOR MAY NOT DIRECT THE STATE LAND DEPARTMENT TO APPROVE THE LEASE OF STATE LAND FOR A PROPOSED WIND FARM IF A COUNTY BOARD OF SUPERVISORS DENIES THE ISSUANCE OF A CONSTRUCTION OR CONDITIONAL USE PERMIT PURSUANT TO SECTION 11-882 OR IF THE VOTERS PASS A REFERENDUM AGAINST THE BOARD OF SUPERVISOR'S APPROVAL OF A CONSTRUCTION OR CONDITIONAL USE PERMIT FILED PURSUANT TO SECTION 19-144.
THE STATE LAND DEPARTMENT MAY NOT APPROVE THE LEASE OF STATE LAND FOR A PROPOSED WIND FARM AND THE GOVERNOR MAY NOT DIRECT THE STATE LAND DEPARTMENT TO APPROVE THE LEASE OF STATE LAND FOR A PROPOSED WIND FARM IF A COUNTY BOARD OF SUPERVISORS DENIES THE ISSUANCE OF A CONSTRUCTION OR CONDITIONAL USE PERMIT PURSUANT TO SECTION 11-882 OR IF THE VOTERS PASS A REFERENDUM AGAINST THE APPROVAL BY THE BOARD OF SUPERVISORS OF A CONSTRUCTION OR CONDITIONAL USE PERMIT FILED PURSUANT TO SECTION 19-144.
A FEDERAL LAND MANAGER MAY NOT ALLOW THE CONSTRUCTION OF A WIND FARM ON FEDERAL LAND WITHOUT THE APPROVAL OF THE COUNTY BOARD OF SUPERVISORS OF THE COUNTY WHERE THE FEDERAL LAND IS LOCATED OR IF THE VOTERS PASS A REFERENDUM AGAINST THE BOARD OF SUPERVISOR'S APPROVAL OF A CONSTRUCTION OR CONDITIONAL USE PERMIT FILED PURSUANT TO SECTION 19-144.] Sec.
A FEDERAL LAND MANAGER MAY NOT ALLOW THE CONSTRUCTION OF A WIND FARM ON FEDERAL LAND WITHOUT THE APPROVAL OF THE COUNTY BOARD OF SUPERVISORS OF THE COUNTY WHERE THE FEDERAL LAND IS LOCATED OR IF THE VOTERS PASS A REFERENDUM AGAINST THE APPROVAL BY THE BOARD OF SUPERVISORS OF A CONSTRUCTION OR CONDITIONAL USE PERMIT FILED PURSUANT TO SECTION 19-144.
30-304.
Decommissioning and cleanup WHEN A WIND FARM IS DECOMMISSIONED, THE DEPARTMENT OF ENVIRONMENTAL QUALITY SHALL ENSURE THAT THE CLEANUP, MITIGATION, REMOVAL AND DECOMMISSIONING IS UNDERTAKEN AND COMPLETED PURSUANT TO THE REQUIREMENTS ADOPTED PURSUANT TO SECTION 11-883.
Sec.
IF THE PROPOSED LEASE IS FOR -9- House Amendments to H.B.
IF THE PROPOSED LEASE IS FOR THE CONSTRUCTION AND CONDITIONAL USE OF A WIND FARM AS DEFINED IN SECTION 30-301, THE DEPARTMENT SHALL COOPERATE WITH THE CITIES AND TOWNS THAT ARE WITHIN TWENTY-FIVE MILES OF THE OUTER PERIMETER OF THE LAND TO BE LEASED IN CONSIDERING THE INTENDED USES.
2223 THE CONSTRUCTION AND CONDITIONAL USE OF A WIND FARM AS DEFINED IN SECTION 30-301, THE DEPARTMENT SHALL COOPERATE WITH THE CITIES AND TOWNS THAT ARE WITHIN TWENTY-FIVE MILES OF THE OUTER PERIMETER OF THE LAND TO BE LEASED IN CONSIDERING THE INTENDED USES.
B.
- 7 - H.B.
2223 B.
-10- House Amendments to H.B.
H.
2223 H.
The department shall require an applicant to pay a deposit before beginning to process an application to lease state trust lands if the applicant did not bid at an auction where the applicant initiated the process.
The department shall require an applicant to pay a deposit before beginning to process an application to lease state trust lands if the applicant did not bid at an auction where the applicant initiated the - 8 - H.B.
2223 process.
-11- House Amendments to H.B.
B.
2223 B.
Any person who desires to protest any of the terms of a proposed auction for the sale of state land, the lease of state land, or the sale of natural products of state land shall file a written protest with the department within thirty days after the first day of publication of the terms of the proposed auction.
Any person who desires to protest any of the terms of a proposed auction for the sale of state land, the lease of state land, or the sale of - 9 - H.B.
2223 natural products of state land shall file a written protest with the department within thirty days after the first day of publication of the terms of the proposed auction.
-12- House Amendments to H.B.
Sec.
2223 Sec.
The department may grant rights-of-way for any purpose it deems necessary, and sites for reservoirs, dams and power or irrigation plants, or other purposes, on and over state lands, subject to terms and conditions the department imposes.
The department may grant rights-of-way for any purpose it deems necessary, and sites for reservoirs, dams and power or irrigation plants, or other purposes, on and over state lands, subject to terms and conditions the - 10 - H.B.
2223 department imposes.
and In so, THE COMMITTEE doing shall consider the following factors as a basis for its action with respect to the suitability of either plant or transmission line siting plans:
and In so doing, THE COMMITTEE shall consider the following factors as a basis for its action with respect to the suitability of either plant or transmission line siting plans:
-13- House Amendments to H.B.
7.
2223 7.
B.
- 11 - H.B.
2223 B.
Any certificate OF ENVIRONMENTAL COMPATIBILITY THAT IS granted by the committee shall be conditioned on compliance by the applicant with all applicable ordinances, master plans and regulations of the THIS state, a county or an incorporated city or town, except that the committee may grant a certificate OF ENVIRONMENTAL COMPATIBILITY notwithstanding any such ordinance, master plan or regulation, exclusive -14- House Amendments to H.B.
Any certificate OF ENVIRONMENTAL COMPATIBILITY THAT IS granted by the committee shall be conditioned on compliance by the applicant with all applicable ordinances, master plans and regulations of the THIS state, a county or an incorporated city or town, except that the committee may grant a certificate OF ENVIRONMENTAL COMPATIBILITY notwithstanding any such ordinance, master plan or regulation, exclusive of franchises, if the committee finds as a fact that compliance with such AN ordinance, master plan or regulation is unreasonably restrictive and compliance therewith is not feasible in view of technology available.
2223 of franchises, if the committee finds as a fact that compliance with such AN ordinance, master plan or regulation is unreasonably restrictive and compliance therewith is not feasible in view of technology available.
When IF it becomes apparent to the chairman of the committee or to the hearing officer that an issue exists with respect to whether such an ordinance, master plan or regulation is unreasonably restrictive and compliance therewith is not feasible in view of technology available, the chairman or hearing officer shall promptly serve notice of such THAT fact by certified mail on the chief executive officer of the area of jurisdiction affected and, notwithstanding any - 12 - H.B.
When IF it becomes apparent to the chairman of the committee or to the hearing officer that an issue exists with respect to whether such an ordinance, master plan or regulation is unreasonably restrictive and compliance therewith is not feasible in view of technology available, the chairman or hearing officer shall promptly serve notice of such THAT fact by certified mail on the chief executive officer of the area of jurisdiction affected and, notwithstanding any provision of this article to the contrary, shall make such THAT area of jurisdiction a party to the proceedings on its request and shall give it an opportunity to respond on such THAT issue.
2223 provision of this article to the contrary, shall make such THAT area of jurisdiction a party to the proceedings on its request and shall give it an opportunity to respond on such THAT issue.
Wind farm health impacts study committee;
Moratorium There is a moratorium on the approval of construction or conditional use permits for six months after the effective date of this act to allow counties to develop rules, regulations and ordinances that conform with this act.
membership;
Sec.
duties;
report;
delayed repeal A.
The wind farm health impacts study committee is established consisting of the following members:
1.
Three members of the senate who are appointed by the president of the senate.
Not more than two of the senate members may be members of the same political party.
The president of the senate shall designate one of these members to serve as cochairperson of the committee.
2.
Three members of the house of representatives who are appointed by the speaker of the house of representatives.
Not more than two of the house of representatives members may be members of the same political party.
The speaker of the house of representatives shall designate one of these members to serve as cochairperson of the committee.
3.
The director of the department of health services or the director's designee.
4.
The director of the department of environmental quality or the director's designee.
5.
One faculty member from a medical research center of a university under the jurisdiction of the Arizona board of regents who is appointed by the president of the senate.
6.
One licensed audiologist, physician or researcher who has experience or knowledge in infrasound and who is appointed by the speaker of the house of representatives.
7.
One licensed physician, neurologist or mental health professional who has experience or knowledge in disorders of the brain and nervous system and who is appointed by the president of the senate.
8.
One licensed endocrinologist, medical professional or researcher who has experience or knowledge in the health impacts of hormone imbalances and who is appointed by the speaker of the house of representatives.
9.
One licensed cardiologist who is appointed by the president of the senate.
-15- House Amendments to H.B.
2223 10.
One engineer, scientist, acoustician or researcher who has experience or knowledge in sound waves, radio frequencies, vibrations and other impacts on human health that is caused by the transmission of sound and who is appointed by the speaker of the house of representatives.
B.
Members of the wind farm health impacts study committee are not eligible to receive compensation.
C.
The wind farm health impacts study committee shall study the following areas:
1.
Reported impacts on the human body and human health from infrasound vibrations generated by wind turbines and their foundations through air, bedrock, soils, buildings and furnishings and their impact on the inner ear, nervous system, circulatory system, sleep patterns and other adverse health impacts.
2.
Reported impacts on the human body and human health from electromagnetic frequency waves from towers, underground power lines and overhead transmission lines and other sources of waves, sounds, air turbulence and ground vibrations.
3.
Other reported sources of health impacts, such as pressure wave effects, shadow flicker phenomenon, blinking tower lights and audible noise effects of wind turbines.
4.
The reported health and environmental impacts of the deterioration of wind turbine blades and other components, including:
(a) Air, water and soil contamination that can result from epoxies, fiberglass, glass microfibers and other materials released from weather-degraded, burning or decomposing or shredded wind turbine blades, including Bisphenol A and other toxins.
(b) The human health impact of Bisphenol A, petroleum products and other toxins leaching into the aquifers and groundwater of this state due to the disposal of wind turbine components, including their burial.
(c) The human health impact of contamination by Bisphenol A and other toxins to water, soil and plants on lands that provide food sources for human consumption.
(d) The human health impact of toxins released from burning blades, oils, greases and other components of wind turbines.
(e) The human health impact of toxins released from construction blasting residues on the air, soil and water supplies.
[(f) The direct, indirect and cumulative effects of subsection C, paragraphs 1 through 4 of this section on the human body, human health and the environment.] D.
On or before November 15, 2025, the wind farm health impacts study committee shall submit a final report regarding the committee's activities, findings and recommendations for legislation to the governor, the president of the senate and the speaker of the house of representatives and provide a copy of this report to the secretary of state.
E.
This section is repealed from and after September 30, 2026.
-16- House Amendments to H.B.
2223 <<Sec.
Moratorium [There is a moratorium on the approval of construction or conditional use permits for six months after the effective date of this act to allow counties to develop rules, regulations and ordinances that conform with this act.]>> Sec.
Applicability This act does not apply to a wind farm project that has been approved and is under construction as of the effective date of this act.
Sec.
Enroll and engross to conform Amend title to conform DAVID MARSHALL, SR.
- 13 -
2223FloorMARSHALL.docx 02/18/2025 5:03 PM C:
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Action History

  1. DPA

  2. PASSED

  3. PASSED

  4. FAILED

  5. DPA

  6. PASSED

  7. DPA

  8. House Placed on Consent Calendar

  9. DP

  10. House Second Reading

  11. House First Reading.

Sponsors

Sponsorship breakdown

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1 sponsors · 6 co-sponsors · 86 not signed on · 31 voted No

Sponsors (1)

Co-sponsors (6)

Not signed on (86)

86 members have not signed on to this bill.

Show all 86 →

"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

failed to pass

Failed 25 Yea · 33 Nay · 2 Other
Party YeaNayPresentNot Voting
Democrat 02601
Republican 25701
Total 253302
% of votes cast 42%55%0%3%
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 Not Voting
Kevin Volk Democrat Nay
Lorena Austin Democrat Nay
Lupe Contreras Democrat Nay
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 Nay
Quantá Crews Democrat Nay
Sarah Liguori Democrat Nay
Seth Blattman Democrat Nay
Stacey Travers Democrat Nay
Stephanie Simacek Democrat Nay
Stephanie Stahl Hamilton Democrat Nay
Alexander Kolodin Republican Nay
Beverly Pingerelli Republican Yea
Chris Lopez Republican Nay
David Livingston Republican Yea
David Marshall, Sr. Republican Yea
Gail Griffin Republican Not Voting
James Taylor Republican Yea
Jeff Weninger Republican Yea
John Gillette Republican Yea
Joseph Chaplik Republican Nay
Julie Willoughby Republican Yea
Justin Olson Republican Yea
Justin Wilmeth Republican Nay
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 Nay
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 Nay
Tony Rivero Republican Yea
Walt Blackman Republican Nay

Official roll call →

Subjects

environment energy
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 2223?
HB 2223 is sponsored by Michael Way (Republican), Nick Kupper (Republican), Laurin Hendrix (Republican), Ralph Heap (Republican), Lupe Diaz (Republican), Walt Blackman (Republican), and David Marshall, Sr. (Republican).
What is the current status of HB 2223?
This bill died with 57th Legislature - First 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 2223?
Track HB 2223 free on One Click Politics — get push/email alerts when it moves.

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