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SB 1113

SAFETY-TECH

104th Regular Session Introduced by John Curran

Arizona SB 1113 gives regulated utilities a right of first refusal to own or operate new renewable energy resources, with a 90-day notice window after county approvals.

Rule 3-9(a) / Re-referred to Assignments
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Bill Summary · SB 1113

SB 1113 — “SAFETY-TECH” (Arizona) — Summary

Note: The document provided contains text from multiple draft bills from different states. This summary focuses on the Arizona bill text (Senate bill introduced by Senator Dunn) that would add a new Article 13 (Renewable Energy) to Title 40, Chapter 2 of the Arizona Revised Statutes.

Purpose / Intent

To give regulated public service corporations and public power entities a statutory right of first refusal (RFR) to construct, own, or maintain renewable energy resources proposed in Arizona, and to establish notice and procedural requirements tied to county land‑use approvals.

Key provisions

  • Right of First Refusal: A public service corporation regulated by the Arizona Corporation Commission (the Commission) or a public power entity shall have an RFR to construct, own, or maintain any renewable energy resource proposed in Arizona.
  • 90‑Day Notice Window:
    • Within 90 days after a county approves a zoning or special land use permit for a renewable energy resource:
    • A public service corporation that was operating in Arizona before the effective date of the statute must give written notice to the Commission of its intention to exercise the RFR. If it fails to notify, it surrenders the RFR and any other public service corporation may apply to the Commission to construct/own/maintain the resource on a Commission form.
    • A public power entity that was operating in Arizona before the effective date must give written notice to the county where the project is proposed. Failure to notify surrenders that entity’s RFR and other public power entities may apply to the county on a county form.
  • Rulemaking: The Commission is authorized to adopt rules to implement the article.
  • Exemptions: The RFR does not apply to:
    • Residential rooftop solar systems (exporting or non‑exporting).
    • Non‑exporting renewable energy resources that are not interconnected to transmission infrastructure and generate power solely for on‑site use.
  • Definitions: Cross‑references — “public power entity” per A.R.S. § 30‑801 and “renewable energy resource” per A.R.S. § 41‑1520.

Who is affected

  • Public service corporations regulated by the Arizona Corporation Commission.
  • Public power entities operating in Arizona before the law’s effective date.
  • Third‑party renewable energy developers and independent power producers proposing projects using county zoning or special land‑use processes.
  • County governments (receive notice for public power entity RFRs, process applications if RFRs are surrendered).
  • Landowners, local communities, and project stakeholders involved in siting renewable projects.

Procedural / Timeline notes

  • Trigger: RFR procedures are triggered when a county approves zoning or a special land use permit for a renewable energy resource.
  • The statute gives a 90‑day window from that county approval for the incumbent utilities/public power entities to notify the appropriate regulator or county.
  • Only entities “operating in this state before the effective date of this section” may claim the RFR under the statutory language.

Potential impacts / considerations

  • Could centralize opportunities for project ownership/control with incumbent utilities and public power entities, affecting competition from independent developers.
  • May influence how and when counties approve land use for renewable projects or how developers engage utilities.
  • Legal and practical impacts will depend on definitions in referenced statutes (A.R.S. § 41‑1520) and implementing rules the Commission adopts.

Status and procedural history (as provided)

  • Introduced: February 5, 2025 (Sen. Dunn).
  • Current status in the provided header: Rule 3‑9(a) / Re‑referred to Assignments.
  • The provided document also includes unrelated bill text and procedural histories from other states (Hawaii, Illinois); those are not part of the Arizona proposal summarized above.

Compiled from official sources — confirm details with the bill’s official record.

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