Assigned to NREW FOR
COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
wind farms; location limits
Purpose
Prohibits a wind farm from being located within six miles of the outer perimeter of a property that is owned by a different person or entity than the person or entity that owns the property on which the wind farm is to be located, unless the owner consents to the location of the wind farm in writing.
Background
A county board of supervisors may adopt a zoning ordinance in order to conserve and promote the public health, safety, convenience and general welfare. Zoning ordinances: 1) must show the zoning district designated as appropriate for various classes of residential, business and industrial uses and provide for the establishment of setback lines and other plans providing for adequate light, air and parking facilities and for expediting traffic within the districts; 2) may establish the percentage of a lot or parcel that may be covered by buildings and the size of yards, courts and other open spaces; 3) must consider access to incident solar energy; 4) must designate and zone appropriate areas of reasonable size in which there may be established, with reasonable permanency, canneries, fertilizer plants, refineries, commercial feedlots, meat packing plants, tallow works and other like businesses. The county board of supervisors must consider the individual property rights and personal liberties of the residents of the county before adopting any zoning ordinance (A.R.S. § 11-811).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits a wind farm from being located within six miles of the outer perimeter of a property that is owned by a different person or entity than the person or entity that owns the property on which the wind farm is to be located, except if the owner consents to the location of the wind farm in writing.
2. Defines wind farm to:
a) mean wind turbines and associated facilities that have a single interconnection to the electrical grid and that are designed for or capable of operation at an aggregate capacity of 5 or more megawatts; and
b) not include one or more wind turbines and associated facilities that are primarily dedicated to providing electricity to a single customer at a single location and that are designed for or capable of operation at an aggregate capacity of less than 20 megawatts, as measured at the customer's point of interconnection to the electrical grid.
3. Becomes effective on the general effective date.
Prepared by Senate Research
February 13, 2024
RA/SDR/slp