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REFERENCE TITLE: agricultural lessees; energy projects; compensation |
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State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
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HB 2543 |
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Introduced by Representative Diaz
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AN ACT
amending title 44, chapter 11, article 11, arizona revised statutes, by adding section 44-1765; relating to solar energy devices.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Heading change
The article heading of title 44, chapter 11, article 11, Arizona Revised Statutes, is changed from "solar energy devices" to "solar and wind energy devices".
Sec. 2. Title 44, chapter 11, article 11, Arizona Revised Statutes, is amended by adding section 44-1765, to read:
44-1765. Solar or wind energy projects; agricultural operations; compensation; definition
A. A business may not contract or subcontract with a resident of or a business in this state to construct a solar or wind energy PROJECT that reduces the size of an agricultural lessee's agricultural operation unless the business compensates the agricultural lessee for all of the following:
1. The agricultural lessee's loss of profits.
2. The value of executed conservation measures.
3. The loss in value of the agricultural lessee's agricultural operation.
4. The cost to relocate the agricultural lessee's agricultural operation.
5. The cost to mitigate losses caused by the reduction of the agricultural lessee's agricultural operation.
b. Before a business compensates an agricultural lessee as prescribed in subsection A of this section, the agricultural lessee shall provide the business with credible evidence that certifies the amounts prescribed in subsection A of this section.
c. In addition to the compensation prescribed in subsection A of this section, the business shall secure a new lease that is of equal or greater value for the agricultural lessee.
D. A business is not required to compensate an agricultural lessee as prescribed in subsection A of this section if the business constructs the solar or wind energy PROJECT in such a way that allows the agricultural lessee to continue the agricultural lessee's current agricultural operation.
E. For the purposes of this SECTION, "agricultural lessee" means a lessee of state lands that are leased for agricultural purposes pursuant to title 37, chapter 2, article 4 or a lessee of federal lands that are leased for agricultural purposes.