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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
VETOED
transmission lines; applications; exceptions
Purpose
Exempts a transmission line and its associated right-of-way located on land that is owned by the owner of the transmission line from filing with the Arizona Corporation Commission (ACC) for an application for a Certificate of Environmental Compatibility (Certificate).
Background
Prior to constructing a transmission line, every utility must file an application for a Certificate with the ACC (A.R.S. § 40-360.03).
A Certificate is the Certificate required by the Arizona Power Plant and Transmission Line Siting Committee which evidences the approval by Arizona of the sites for a plant, transmission line or both. A transmission line is a series of new structures erected above ground and supporting at least one conductor designed for the transmission of electric energy at nominal voltages of 115,000 volts or more and all new switchyards to be used therewith and related thereto for which expenditures or financial commitments for land acquisition, materials, construction or engineering in excess of $50,000 have not been made prior to August 13, 1971 (A.R.S. § 40-360).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Exempts a utility planning to construct a transmission line and its associated right-of-way located on land that is entirely owned in fee simple by at least one owner of the transmission line from filing with the ACC for an application for a Certificate.
2. Exempts a utility from the prohibition of constructing a transmission line within Arizona without receiving a Certificate, if the transmission line and its associated right-of-way is to be located on land that is entirely owned in fee simple by one or more owners of the transmission line.
3. Deems land held in fee simple by an affiliate of at least one owner of the transmission line to be held by the owners of the transmission line if each of the owners of the affiliate has an ownership interest in the transmission line.
4. Becomes effective on the general effective date.
Governor's Veto Message
The Governor indicates in her veto message that H.B. 2437 diminishes the authority and statutorily-given purpose of the Power and Line Siting Committee by exempting from review an unknown number of projects while having an uncertain impact on electric generation or Arizona's overall power grid.
House Action Senate Action
NREW 1/19/23 DP 6-4-0-0 NREW 2/27/23 DP 4-3-0
3rd Read 2/21/23 36-24-0 3rd Read 3/29/23 16-13-1
Prepared by Senate Research
April 6, 2023
RA/slp