1. United States
2. Ariz.
3. Letter

I urge you to oppose House Bill 2389 when it comes before the House Appropriations Committee on Monday. This legislation, sponsored by Representative Teresa Martinez, would allow power companies to replace or expand power plants without obtaining a new certificate of environmental compatibility, effectively bypassing critical environmental review processes. Under current law, utilities must file applications with the power plant and transmission line siting committee that include facility type, site descriptions, affected jurisdictions, and estimated costs before construction begins. HB2389 would create a sweeping exemption allowing utilities to replace an existing plant or construct a new plant immediately adjacent to an existing facility without this review, requiring only 30 days' written notice and a single public comment session. This represents a significant weakening of environmental oversight. The bill allows construction as long as the aggregate nameplate rating equals or exceeds the previous rating, but nameplate capacity tells us nothing about a plant's actual environmental impact. A natural gas plant and a coal plant with identical nameplate ratings produce vastly different emissions profiles, water usage, and air quality impacts. Similarly, replacing older technology with newer high-capacity equipment could dramatically increase pollution even if the nameplate rating remains constant. The existing certificate process exists precisely because power plant construction and expansion have profound environmental consequences for surrounding communities. These facilities affect air quality, water resources, public health, and quality of life for nearby residents. A single public comment session with 30 days' notice is inadequate for communities to assess these impacts or raise legitimate concerns. Arizona communities deserve meaningful environmental review when power companies make major infrastructure changes that will affect them for decades. I ask you to vote no on HB2389 and preserve the environmental protections currently in place.