HB 2267

House Engrossed
public nuisance;
  renewable energy; exceptions
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HOUSE BILL 2267
AN
ACT
amending section 13-2917, Arizona
Revised Statutes; relating to offenses against public order.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section 1. Section 13-2917, Arizona Revised
Statutes, is amended to read:
START_STATUTE13-2917. Public nuisance;
abatement; classification
A. It is a public nuisance, and is no less a
nuisance because the extent of the annoyance or damage inflicted is unequal,
for anything:
1. To be injurious to health, indecent, offensive to
the senses or an obstruction to the free use of property that interferes with
the comfortable enjoyment of life or property by an entire community or
neighborhood or by a considerable number of persons.
2. To unlawfully obstruct the free passage or use,
in the customary manner, of any navigable lake, river, bay, stream, canal or
basin, or any public park, square, street or highway.
3. To be a utility-scale wind
farm or solar farm that is constructed beginning on or
after the effective date of this amendment to this section within four miles of
a residential property.
B. It is a public nuisance for any person to sell,
offer to sell, transfer, trade or disseminate any obscene
item which is obscene as defined in section 13-3501,  within two thousand feet, measured in a straight line,
of the nearest boundary line of any of the following:
1. Any building used as a private or public
elementary or high school.
2. Any public park.
3. Any residence district as defined in section 28-101.
C. Notwithstanding any other law, a utility-scale wind farm or solar farm that is constructed
beginning on or after the effective date of this amendment to this section and that is located WITHIN four miles of a residential property is a
public nuisance, except that this subsection does not apply to any of the
following:
1. A utility-scale
wind farm or solar farm that received all zoning entitlements before the
effective date of this amendment to this section.
2. A utility-scale
wind farm or solar farm that voluntarily applies for and receives a certificate
of environmental compatibility from the power plant and transmission line
siting committee, and the certificate is affirmed and approved by an order of
the corporation commission pursuant to title 40, chapter 2, article 6.2.
3. A rooftop solar system.
C. d. The
county attorney, the attorney general or the city attorney may bring an action
in superior court to abate, enjoin and prevent the activity described in
subsections A and B of this section.� The attorney general shall
bring an action in superior court to abate, enjoin and prevent the activity
described in subsection C of this section.
D. E. Any
person who knowingly maintains or commits a public nuisance or who knowingly
fails or refuses to perform any legal duty relating to the removal of a public
nuisance is guilty of a class 2 misdemeanor. END_STATUTE