Arizona 57th Legislature - First Regular Session Status: Passed House 1 R cosponsors

HB 2738 — electric utility customers; carbon reduction

Last action — PASSED

  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This bill is no longer active — its legislative session has ended, so there are no live odds of enactment.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

45 added · 72 removed

Plain-language change summary

The updated version of HB 2738 now allows retail electric customers to opt out and seek alternative electric service if their utility commits to going net zero or links employee compensation to clean energy goals. Previously, the bill only addressed carbon reduction goals and replacing reliable energy sources with intermittent ones, which could limit customer choice. This change is significant because it broadens the circumstances under which customers can seek alternate providers, promoting greater consumer choice and competition in the energy market, especially in the context of transitioning to cleaner energy sources.

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Previous
Latest
Fifty-seventh Legislature Natural Resources, Energy & Water First Regular Session H.B.
House Engrossed electric utility customers;
2738 PROPOSED HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B.
carbon reduction State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session HOUSE BILL 2738 AN ACT AMENDING TITLE 40, CHAPTER 1, ARTICLE 1, ARIZONA REVISED STATUTES, BY ADDING SECTION 40-104;
2738 (Reference to printed bill) Amendment instruction key:
RELATING TO THE CORPORATION COMMISSION.
[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.
2738 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:
IF AN ELECTRIC PUBLIC SERVICE CORPORATION [DECLARES A CARBON EMISSIONS REDUCTION GOAL TO SHAREHOLDERS OR COMMITS TO REPLACING RELIABLE AND DISPATCHABLE SOURCES OF ELECTRICITY WITH INTERMITTENT SOURCES OF ELECTRICITY] [OR THE PUBLIC SERVICE CORPORATION'S HOLDING COMPANY OR PARENT COMPANY DOES ANY OF THE FOLLOWING], THE COMMISSION SHALL ALLOW A RETAIL ELECTRIC CUSTOMER TO OPT OUT AND TO RECEIVE ELECTRIC SERVICE FROM [ANOTHER PROVIDER] [OTHER PROVIDERS] IN THE SAME SERVICE TERRITORY[.][:] [1.
IF AN ELECTRIC PUBLIC SERVICE CORPORATION OR THE PUBLIC SERVICE CORPORATION'S HOLDING COMPANY OR PARENT COMPANY DOES ANY OF THE FOLLOWING, THE COMMISSION SHALL ALLOW A RETAIL ELECTRIC CUSTOMER TO OPT OUT AND TO RECEIVE ELECTRIC SERVICE FROM OTHER PROVIDERS IN THE SAME SERVICE TERRITORY:
1.
USES DIVERSITY, EQUITY AND INCLUSION PROGRAMS FOR HIRING, TRAINING OR PROMOTION PURPOSES.
COMPENSATES EXECUTIVES OR EMPLOYEES BASED ON ANY CLEAN ENERGY COMMITMENT.
4.
B.
REQUIRES AN EMPLOYEE TO ENGAGE IN A DIVERSITY, EQUITY AND INCLUSION PROGRAM.
5.
REQUIRES, AS A CONDITION OF A CONTRACT, PARTICIPATION IN A DIVERSITY, EQUITY AND INCLUSION PROGRAM.
6.
GRANTS PREFERENTIAL TREATMENT TO OR DISCRIMINATES AGAINST ANY INDIVIDUAL OR GROUP ON THE BASIS OF RACE, SEX, COLOR, OR ETHNICITY.
7.
COMPENSATES EXECUTIVES OR EMPLOYEES BASED ON ANY CLEAN ENERGY COMMITMENT.] B.
House Amendments to H.B.
1.
2738 1.
FOR THE PURPOSES OF THIS SECTION[,][:] [1.] "COMMISSION"[, "ELECTRIC SERVICE", "RETAIL ELECTRIC CUSTOMER" AND "SERVICE TERRITORY" HAVE] [HAS] THE SAME [MEANINGS] [MEANING] PRESCRIBED IN SECTION 40-201.
FOR THE PURPOSES OF THIS SECTION:
[2.
1.
"DIVERSITY, EQUITY AND INCLUSION PROGRAM" MEANS A PROGRAM THAT REQUIRES AN EMPLOYEE TO PARTICIPATE IN OR ATTEND A TRAINING, ORIENTATION, WORKSHOP, THERAPY OR SIMILAR ACTIVITY THAT FOCUSES ON JUSTIFYING DIFFERENTIAL TREATMENT OR BENEFIT ON THE BASIS OF SEX, COLOR, GENDER, ETHNICITY, GENDER IDENTITY OR SEXUAL ORIENTATION.
"COMMISSION" HAS THE SAME MEANING PRESCRIBED IN SECTION 40-201.
3.
2.
4.
3.
5.
4.
6.
5.
"SERVICE TERRITORY" HAS THE SAME MEANING PRESCRIBED IN SECTION 40-201.] Enroll and engross to conform Amend title to conform RALPH HEAP 2738HEAP.docx 02/17/2025 11:02 AM H:
"SERVICE TERRITORY" HAS THE SAME MEANING PRESCRIBED IN SECTION 40-201.
CW/ls -2-
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View plain text versions (4)

Action History

  1. PASSED

  2. FAILED

  3. DPA

  4. DPA

  5. House Second Reading

  6. House First Reading.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 92 not signed on · 31 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (92)

92 members have not signed on to this bill.

Show all 92 →

"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 26 Yea · 32 Nay · 2 Other
Party YeaNayPresentNot Voting
Democrat 02601
Republican 26601
Total 263202
% of votes cast 43%53%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 Yea
Beverly Pingerelli Republican Yea
Chris Lopez Republican Yea
David Livingston Republican Nay
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 Yea
Julie Willoughby Republican Yea
Justin Olson Republican Nay
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 Nay
Michael Carbone Republican Yea
Michael Way Republican Yea
Michele Peña Republican Yea
Neal Carter Republican Yea
Nick Kupper Republican Yea
Pamela Carter Republican Nay
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

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 2738?
HB 2738 is sponsored by Justin Olson (Republican).
What is the current status of HB 2738?
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 2738?
Track HB 2738 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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