Arizona Planning Association

Arizona Planning Association Legislative Update - January 19, 2007

APA: Posted Calendars and Committee Hearings H2488: GROUNDWATER TRANSFERS; DROUGHT EMERGENCY Hearing:House Water & Agriculture (Thursday 01/25/07 at 9:00AM, House Rm. 1) H2501: MUNICIPAL POWERS; TAX LIENS Hearing:House Counties, Municipalities & Military Affairs (Tuesday 01/23/07 at 1:30PM, House Rm. 5) S1119: WATER; OVERLAPPING SERVICE AREA PROVIDERS Hearing:Senate Natural Resources & Rural Affairs (Wednesday 01/24/07 at 1:30PM, Senate Rm. 109) S1182: SUMMERHAVEN FIRE; ASSURED WATER SUPPLY Hearing:Senate Natural Resources & Rural Affairs (Wednesday 01/24/07 at 1:30PM, Senate Rm. 109)

APA: Bill Summaries H2017: TECH CORRECTION; NEIGHBORHOOD PRESERVATION

Minor change in Title 41 (state government) related to the Neighborhood Preservation and Investment Commission. Apparent striker bus.

ARS Titles Affected: 41

First sponsor: Rep. McClure.

H2091: PARCEL SPLITS; ANNEXATIONS & TAXING DISTRICTS

Beginning November 1, 2007, boundaries for municipal annexation or formation of a special taxing district cannot split parcels.

ARS Titles Affected: 9 48

First sponsor: Rep. Nelson.

H2131: DEVELOPMENT FEES; PUBLIC TRANSPORTATION

Public transportation is considered a public service for which municipalities and counties may charge development fees.

First sponsor: Rep. Farley. Others: Rep. Ableser, Rep. Bradley, Rep. Cloves Campbell Jr., Rep. Lopes, Rep. Prezelski, Rep. Sinema.

H2252: STATE PLUMBING CODE; MUNICIPALITIES

The prohibition against municipalities from adopting a plumbing code other than the state plumbing code (41-619) is repealed.

1 ARS Titles Affected: 9 11

First sponsor: Rep. McComish. Others: Rep. Konopnicki, Rep. Meza, Rep. Reagan.

H2283: ZONING CHALLENGES; RETAILERS; ATTORNEY FEES;

Beginning January 1, 2008, the court must award attorney fees and other litigation expenses to a county or municipality that prevails in a case filed by a big box retailer to challenge a zoning ordinance or rule, if the retailer has a history of filing actions to force the governing body to abandon its zoning decision due to the greater financial resources of the retailer.

First sponsor: Rep. Sinema. Others: Rep. Gallardo, Rep. Lopes, Rep. Lujan, Rep. Meza, Rep. Prezelski, Rep. Tom.

H2288: ECONOMIC IMPACT REPORT; RETAIL SUPERSTORES

Municipalities and counties must prepare economic impact reports before approving or disapproving proposed development projects that include retail superstores.

First sponsor: Rep. Sinema. Others: Rep. Ableser, Rep. Cloves Campbell Jr., Rep. Gallardo, Rep. Kirkpatrick, Rep. Lopes, Rep. Lujan, Rep. Meza, Rep. Pancrazi, Rep. Prezelski, Rep. Thrasher, Rep. Tom.

H2308: ILLEGAL IMMIGRATION; BORDER COUNTIES; APPRO

An appropriation (blank in the original) from the general fund to the boards of supervisors of border counties in each of FY2007-08 and FY2008-09 to partially reimburse the costs of illegal immigration to county services.

First sponsor: Rep. Burns. Others: Rep. Alvarez, Rep. Bradley, Rep. Cajero Bedford, Rep. Cloves Campbell Jr., Rep. Farley, Rep. Hershberger, Rep. Konopnicki, Rep. Lopes, Rep. Lopez, Rep. McClure, Rep. Prezelski, Rep. Saradnik, Sen. Aboud, Sen. Aguirre, Sen. Arzberger, Sen. Bee, Sen. Garcia, Sen. Pesquiera, Sen. Soltero.

H2314: ZONING; SHOOTING RANGES; NOISE BUFFER

The list of uses for property located within a mile of a preexisting shooting range that requires a county or municipality to provide noise buffers when the property is rezoned after July 1, 2002, is expanded to include child care facilities.

First sponsor: Rep. Jerry Weiers.

2 H2315: PUBLIC LANDS BOARD OF REVIEW; MEMBERSHIP

The membership of the public lands board of review is changed to include the state forester instead of the deputy state forester.

First sponsor: Rep. Jerry Weiers.

H2321: WATER; ADEQUATE SUPPLY; MUNICIPALITIES

In areas outside active management areas, municipalities may commit to provide water service to developers as one of the conditions of that developer not submitting plans for adequate water supply to the Department of Water Resources, and municipalities with a contract for Colorado River water may supply water to their residents as one of the conditions of the municipality being designated as having an adequate water supply.

First sponsor: Rep. McLain. Others: Rep. Crump, Rep. Groe, Rep. Mason, Rep. McClure, Rep. Nelson, Rep. Tobin.

H2369: COUNTY EMERGENCY SERVICES; PERMIT MORATORIUM

Maricopa, Pima and Pinal counties cannot issue building permits until April 1, 2010, unless the applicant demonstrates that fire and emergency services are in place for the development. A county in violation will not receive stated shared revenue for sales tax.

First sponsor: Rep. Robson.

H2440: IRRIGATION DISTRICTS; ACREAGE VOTING

Irrigation districts in Maricopa County in which the majority of acreage in the district is used for other than agricultural purposes may use an acreage voting system in district elections. The system provides that each qualified elector is entitled to the number of votes equal to the number of acres owned, to a maximum of 1,280 votes.

First sponsor: Rep. Adams. Others: Rep. Anderson, Rep. Crandall, Sen. Chuck Gray.

H2482: SPECIAL DISTRICTS; SANITARY; REORGANIZATION

Changes in statutes governing the reorganization of a sanitary district from one governed by the county board of supervisors to one with its own governing board or from a district with a 3-member governing board to a 5-member board.

First sponsor: Rep. Mason.

3 Others: Rep. Brown, Rep. Burns, Rep. Konopnicki, Rep. Tobin, Sen. O'Halleran.

H2484: WELL IMPACTS; CONTAMINATION

The Dept of Water Resources is authorized to disapprove of an application to drill a new well inside a remedial action site or within one mile of a remedial site if the dept determines the well will likely cause migration of contaminated groundwater from the remedial site to another well.

First sponsor: Rep. Mason. Others: Rep. Adams, Rep. Bradley, Rep. Burns, Rep. Tobin.

H2486: SPECIAL DISTRICTS; ROAD IMPROVEMENT

The list of special district authorized under Title 48 is expanded to include Road Improvement and Maintenance Districts that are formed to improve and maintain one or more roads to less than county standard . The new districts are organized under Chapter 6, Article 4 of Title 48 that had been limited to domestic water and wastewater improvement districts.

First sponsor: Rep. Mason. Others: Rep. Brown, Rep. Burns, Rep. Hershberger, Rep. Konopnicki, Rep. Tobin, Sen. O'Halleran, Sen. Verschoor.

H2488: GROUNDWATER TRANSFERS; DROUGHT EMERGENCY

Various provisions are added as session law (no changes to current statutes regarding interim water use for "true emergencies." Retroactive to May 1, 2007. Self repeals April 30, 2008.

First sponsor: Rep. Mason. Others: Rep. Adams, Rep. Alvarez, Rep. Anderson, Rep. Barto, Rep. Bradley, Rep. Brown, Rep. Burns, Rep. Clark, Rep. Groe, Rep. Hershberger, Rep. Konopnicki, Rep. Lujan, Rep. McClure, Rep. Meza, Rep. Miranda, Rep. Prezelski, Rep. Sinema, Rep. Tobin, Sen. O'Halleran.

H2490: SPECIAL; DISTRICTS; FIRE; ASSESSMENTS

As part of a capital improvements plan, a special taxing district formed to provide fire services may assess a "facility benefit assessment" to offset costs to the district of providing services to specific developments .

First sponsor: Rep. Mason. Others: Rep. Tobin.

H2492: COUNTIES & MUNICIPALITIES; DEVELOPMENT FEES

4 Statutes governing development fees applied by counties and municipalities are amended to state that developers must be given a 15% discount in fees for building homes that qualify under the federal tax credit for energy efficient homes.

First sponsor: Rep. Mason. Others: Rep. Lopez.

H2500: SEX OFFENDER; RESIDENCY RESTRICTIONS

The number of registered sex offenders that may live in the same multifamily housing complex is reduced to 5% of the units from 10%.

H2501: MUNICIPAL POWERS; TAX LIENS

Municipalities may purchase tax liens on property located in a redevelopment project area in the municipal boundaries by matching the bid with the lowest interest rate and paying all delinquent taxes and charges on the property. The municipality must pay subsequent property taxes. The right of municipalities to purchase tax liens is superior to other bidders.

H2508: MUNICIPAL TAX INCENTIVES; PROHIBITION; PENALTY

Municipalities cannot offer tax incentives to businesses to locate or relocate a retail business in the municipality. Municipalities in violation are subject to a penalty equal to the amount of the incentive, extended over 5 years. Tax incentives for businesses to locate in redevelopment areas and tax incentives offered to existing retail business within 5 miles of a new retail business are exempt.

First sponsor: Rep. Murphy. Others: Rep. Pearce.

H2533: PROPERTY SALES; DISCLOSURE; WATER

A seller of real property must disclose in writing to the purchaser whether the Dept of Water Resources has issued a determination that the property is served by an adequate water supply or an assured water supply as prescribed in statute. If neither has been issued the seller must record notice of this with the county recorder.

First sponsor: Rep. Ableser. Others: Rep. Sinema.

5 H2534: CITIES; WATER CONSERVATION

Requirements for a city's general plan is expanded to include a water conservation element mandating water conservation measures beginning in 2010 and a 25% reduction in water use by 2020.

First sponsor: Rep. Ableser. Others: Rep. Bradley, Rep. Brown, Rep. Farley, Rep. Gallardo, Rep. Kirkpatrick, Rep. Lujan, Rep. Meza, Rep. Saradnik, Rep. Schapira, Rep. Sinema, Rep. Thrasher, Rep. Tom.

H2535: LAND DIVISION; WATER REQUIREMENTS

Counties and municipalities must not allow land division of three or fewer lots or parcels without a current water supply and assured water supply.

First sponsor: Rep. Ableser. Others: Rep. Bradley, Rep. Brown, Rep. Farley, Rep. Gallardo, Rep. Kirkpatrick, Rep. Lujan, Rep. Meza, Rep. Prezelski, Rep. Saradnik, Rep. Schapira, Rep. Sinema, Rep. Thrasher, Sen. Rios.

H2567: AIR QUALITY; PARTICULATE STANDARDS

State and local air quality standards for coarse particulate matter must comply with the U.S. EPA standard in effect on July 1, 2006, without regard to whether that standard is subsequently modified.

First sponsor: Rep. Sinema.

H2569: HIGHWAY EXPANSION FUND; GROWTH CITIES

Twenty million dollars of the Highway Expansion and Extension Loan Program Fund shall be used for street improvements in cities with a population growth of at least 50% in the preceding 5 years.

First sponsor: Rep. Biggs.

H2570: RAILROAD RIGHT-OF-WAY ACQUISITION

Summary to come

H2571: HIGHWAY CONSTRUCTION; APPROPRIATION

6 Authorizes two transfers to the Statewide Transportation Acceleration Needs (STAN) account in fiscal 07-08: $62.5 million from the Highway User Revenue Fund and $35.1 million from the State Highway Fund.

H2582: WATER HARVESTING; LOCAL ORDINANCE

Counties and municipalities must enact ordinances to capture water draining from the roofs of new houses of more than 2500 square feet. The ordinance must include requirement for such homes to install cisterns holding 1.15 gallons of water per square foot of roofed area that are connected to a pump and drip system to serve landscape areas.

First sponsor: Rep. Farley. Others: Rep. Ableser, Rep. Cloves Campbell Jr., Rep. Saradnik, Rep. Thrasher.

H2583: PARCEL SPLITS; DEFINITION OF SUBDIVISION

Without approval from the county board of supervisors, the maximum number of parcels into which a landowner may split land in unincorporated areas if any resulting parcel is smaller than 10 acres is reduced to 3 from 5. For cities, the threshold definition of "subdivision" is changed to refer to splits into three or more parcels (currently, four).

ARS Titles Affected: 9 11 32 33

First sponsor: Rep. Farley. Others: Rep. Ableser, Rep. Alvarez, Rep. Bradley, Rep. Chad Campbell, Rep. Cloves Campbell Jr., Rep. Kirkpatrick, Rep. Meza, Rep. Rios, Rep. Saradnik, Rep. Schapira, Rep. Thrasher, Rep. Ulmer.

HCM2002: COMMUNITY DEVELOPMENT BLOCK GRANT; FUNDING

The Legislature asks Congress to fully fund the federal Community Development Block Grant program.

HCR2016: LEGISLATIVE REFERENDUM; LIMITATION

The 2008 general election ballot is to carry the question of whether to amend the state constitution to limit the number of measures referred to the ballot by the Legislature to three statutory changes and three constitutional amendments. If more than three are submitted, the secretary of state is to choose the three which received the most votes at the Legislature.

First sponsor: Rep. Ableser. Others: Rep. Kirkpatrick, Rep. Saradnik, Rep. Schapira.

7 S1049: HIGHWAY CONSTRUCTION ACCELERATION; FUNDS

An appropriation of $450 million in the current fiscal year from the Budget Stabilization Fund to the Transportation Acceleration Needs Account of the State Highway Fund. Emergency clause.

First sponsor: Sen. Burns.

S1082: PLANNING & ZONING COMMISSIONS; ALTERNATES

Boards of supervisors are permitted to appoint alternate members of county planning and zoning commissions to serve in the absence of the regular member. The alternate may be from any supervisorial district. At some time during a meeting convened with an alternative member, if the regular member becomes available, the alternative would conclude the agenda item and then withdraw for the regular member to be seated for remaining items.

First sponsor: Sen. Flake. Others: Rep. Brown, Rep. Konopnicki.

S1093: TECH CORRECTION; AIRPORT INFLUENCE AREAS

Minor change in Title 28 (transportation) related to airport zoning and regulation. Apparent striker bus.

First sponsor: Sen. Burns. Others: Sen. Bee, Sen. Blendu, Sen. Huppenthal, Sen. Verschoor.

S1095: TECH CORRECTION; STATE TRUST LANDS

Minor change in Title 37 (public lands) related to state trust lands. Apparent striker bus.

First sponsor: Sen. Burns. Others: Sen. Bee, Sen. Blendu, Sen. Huppenthal, Sen. Verschoor.

S1113: LOW WATER USE LANDSCAPING; SUBDIVISIONS

All new subdivisions must use low water use landscaping. In consultation with personnel at the three state universities and from the Dept of Water Resources, cities and counties are to develop a list of approved plants.

First sponsor: Sen. Landrum Taylor. Others: Rep. Bradley, Rep. Cloves Campbell Jr., Rep. Lopez, Rep. Miranda, Rep. Rios, Sen. Aguirre, Sen. Allen, Sen. Arzberger, Sen. Burton Cahill, Sen. Garcia, Sen. Miranda, Sen. Pesquiera, Sen. Rios.

8 S1119: WATER; OVERLAPPING SERVICE AREA PROVIDERS

A landowner's right to use water that is supplied by a water provider within the provider's service area may not be limited by ordinance, regulation or provision of another provider with an overlapping service area.

First sponsor: Sen. Chuck Gray. Others: Rep. Adams, Sen. Aguirre, Sen. Harper.

S1172: HIGHWAY FUND BONDS; MATURITY

The maximum maturity date for state highway fund bonds is increased to 30 years from 20.

First sponsor: Sen. Blendu.

S1182: SUMMERHAVEN FIRE; ASSURED WATER SUPPLY

Subdivided lands that meet a list of specifications are exempt from the requirement that a certificate of assured water supply is necessary for the land to be offered for sale or lease. One of the stipulations is that a majority of structures on the property were destroyed by fire and the land has not been redeveloped. Legislative short title indicates this applies to land at Summerhaven in the Catalina Mountains near Tucson. Session law only, no change to statute. Emergency clause.

First sponsor: Sen. Bee. Others: Rep. McClure.

S1193: WATER; DWR; ADJUDICATION SUPPORT; APPRO

Appropriates $1 million plus money for 12 full time employees from the general fund in fiscal 07-08 to the Dept of Water Resources for "general adjudications support."

First sponsor: Sen. Flake.