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Committee advances bill limiting county zoning over small modular reactors after split testimony
Summary
HB 27-95, which would bar county zoning restrictions on small modular reactors that have federal approvals, cleared committee after testimony from industry and economic development proponents and opposition from counties and municipal leagues over local control and safety concerns. Vote was 6–4.
House Bill 27-95 passed from committee on Feb. 2 with a due-pass recommendation after an extended hearing that split public testimony. The bill would prohibit county zoning ordinances from preventing or regulating the construction and operation of a small modular reactor (SMR) if the owner or operator has obtained a federal early site permit, completed federal public notice and comment, and received federal design certification.
Sponsor Representative Carbone told the committee the bill aligns state law with federal nuclear oversight, protects property rights and streamlines processes for advanced nuclear deployments. Supporters including the Libre Initiative, Americans for Prosperity, and Arizona Municipal Power Users argued SMRs have smaller footprints and passive safety systems, and that clarifying state-level siting authority would encourage investment and jobs, especially in rural Arizona.
Opponents included the County Supervisors Association, the League of Arizona Cities and Towns and Sierra Club witnesses, who warned HB 27-95 would curtail county land-use authority, reduce local public participation, and could create oversight gaps around municipal boundaries and emergency response. County supervisors urged preserving local planning and the public hearing process; the League asked to exclude county islands and municipal planning areas or provide coordination requirements.
After questions and exchanges about federal preemption boundaries and how SMRs differ from traditional reactors, the committee voted to return HB 27-95 with a due pass recommendation (chair reported a 6–4 vote). Members who supported the bill framed it as fostering competitiveness and long-term energy planning; opponents stressed local oversight and safety concerns.
What comes next: The bill proceeds to the House floor. Committee testimony included requests from local government groups for follow-up negotiations on exemptions for county islands and municipal planning areas.
