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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
energy source; restriction; prohibition
Purpose
Subject to voter approval, constitutionally prohibits Arizona or any political subdivision or public body of Arizona from restricting the manufacture, use or sale of a device based on the energy sources used to power the device.
Background
Title XXII of the Arizona Constitution relates to schedule and miscellaneous matters. The Arizona State Constitution allows the Legislature, or five percent of the qualified electors, to order the submission to the people at the polls of any measure or item enacted by the Legislature (Ariz. Const. art 4 § 1).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits the state, a city, town, county or political subdivision of Arizona or a public body from restricting the manufacture, use or sale of a device based on the energy source that is either used to power the device or consumed by the device.
2. Exempts the prohibition on the manufacture, use or sale of a device based on its energy source from the selection of generation sources that are used to ensure reliable and affordable provision of service.
3. Defines used to power the device or consumed by the device as a significant function of the device uses the energy source or consumes the energy source to accomplish the function.
4. Requires the Secretary of State to submit the proposition to the voters at the next general election.
5. Becomes effective if approved by the voters and on proclamation of the Governor.
House Action
NREW 2/13/24 DP 6-4-0-0
3rd Read 3/4/24 31-29-0
Prepared by Senate Research
March 19, 2024
RA/KP/slp