Arizona Planning Association

Arizona Planning Association
Legislative Update - March 25, 2010
APA: Posted Calendars and Committee Hearings
H2081: DEPARTMENT OF WATER RESOURCES; CONTINUATION
Hearing:Senate Rules (Thursday 03/25/10 at 8:30 AM, Senate Caucus Rm.)
Calendar:3/25 Senate Caucus
H2153: HOMEOWNERS' ASSOCIATIONS; PUBLIC ROADWAYS
Hearing:Senate Judiciary (Monday 03/29/10 at 1:30 PM, Senate Rm. 1)
H2188: STATE TRUST LANDS; VETERANS' CEMETERIES
Hearing:Senate Natural Resources, Infrastructure & Public Debt (Monday 03/29/10 at 1:30 PM, Senate Rm. 109)
H2249: MUNICIPAL DEVELOPMENT FEES; REFUNDS
Calendar:3/25 House COW
H2257: MUNICIPAL TAXATION & FEES; NOTICE
Calendar:3/25 House COW
H2259: DEVELOPMENT FEES; PROPORTIONAL SHARE
Calendar:3/25 House COW
H2337: AZ MANUFACTURED INCANDESCENT LIGHTBULBS; REGULATION
Hearing:Senate Commerce & Economic Development (Tuesday 03/30/10 at 1:30 PM, Senate Rm. 1)
H2345: HOA; CONDOS; FOR SALE SIGNS
Hearing:Senate Government Institutions (Thursday 03/25/10 at 9:00 AM, Senate Rm. 1)
H2428: COUNTY ZONING HEARINGS; APPEAL
Hearing:Senate Government Institutions (Thursday 03/25/10 at 9:00 AM, Senate Rm. 1)
H2625: STAN SUBACCOUNT; CITY REIMBURSEMENT
Hearing:Senate Natural Resources, Infrastructure & Public Debt (Monday 03/29/10 at 1:30 PM, Senate Rm. 109)
Hearing:Senate Appropriations (Tuesday 03/30/10 at 1:30 PM, Senate Rm. 109)
H2641: FIREWORKS; REGULATION
Calendar:3/25 House COW
H2661: STATEWIDE WATER AUGMENTATION AUTHORITY; STUDY
Calendar:3/25 House COW
H2676: ENERGY PARK AUTHORITY
Hearing:Senate Commerce & Economic Development (Tuesday 03/30/10 at 1:30 PM, Senate Rm. 1)
H2723: AMA WATER DISTRICTS; CONFLICTING VERSIONS
Hearing:Senate Public Safety & Human Services (Wednesday 03/31/10 at 10:00 AM, Senate Rm. 3)
H2767: WATER QUALITY FEES
Calendar:3/25 House COW
S1135: AGGRAVATED ASSAULT; CODE ENFORCEMENT OFFICER
Calendar:3/25 Senate Third Reading
S1195: LAND DEPARTMENT; FEES; FUNDS
Calendar:3/25 Senate COW
S1200: GAME & FISH COMMISSION; SELECTION BD
Calendar:3/25 House Third Reading
S1349: STATE PARKS; REQUEST FOR INFORMATION
Hearing:House Natural Resources & Rural Affairs (Monday 03/29/10 at 2:00 PM, House Rm. 4)
APA: Bill Summaries
H2003: REVITALIZATION DISTRICTS (TECH CORRECTION; NONPROFIT CORPORATIONS)
Minor change in Title 10 (Corporations & Associations), relating to the Arizona Nonprofit Corporation Act. Apparent striker bus.
First sponsor: Rep. Reagan /
H2003: / REVITALIZATION DISTRICTS / 3/25 / referred to Senate fin.
H2060: PUBLIC CONSERVATION MONIES; TRANSFER
Extends for one year to fiscal 2011-12 the annual appropriation of $20 million from the General Fund to the public conservation account controlled by the State Parks Board and dedicated to land acquisition for conservation purposes. [Note: the annual appropriation was to have expired in the fiscal year 2010-11.] The entire $20 million appropriated to the fund for fiscal 2008-09 is transferred to other state agencies. Because this act changes a voter-approved initiative, passage requires a 3/4 majority in each chamber (Prop 105 clause). Emergency clause.
First sponsor: Rep. Nichols /
H2060: / PUBLIC CONSERVATION MONIES; TRANSFER / 2/18 / House COW approved with floor amend #4279.
H2081: DEPARTMENT OF WATER RESOURCES; CONTINUATION
The statutory life of the Department of Water Resources is extended ten years to July 1, 2020. A purpose section states the department is intended to stabilize the use of water through management and standards, be a focal point for water policy and maintain information regarding effective administration and planning for water resources. Retroactive to July 1, 2010.
First sponsor: Rep. Mason /
H2081: / DEPARTMENT OF WATER RESOURCES; CONTINUATION / 3/25 / from Senate rules okay.
H2145: COUNTY PLANNING & ZONING
County planning and zoning boards need not hold monthly meetings unless there is new official business to transact. Also in a session law section, county boards of supervisors are not required to readopt an existing comprehensive plan or adopt a new one until July 1, 2015.
First sponsor: Rep. Konopnicki /
H2145: / COUNTY PLANNING & ZONING / 3/22 / from Senate gov inst with amend #4666.
H2146: TRUST LANDS; LOSS OF LEASE
If a lessee of state trust land loses the lease whether because the lease was awarded to a competing bidder or cancelled by the Land Commissioner, provisions are made to compensate the lessee for non-removable improvements. AS PASSED HOUSE.
First sponsor: Rep. Konopnicki /
H2146: / TRUST LANDS; LOSS OF LEASE / 3/23 / from Senate nat res-inf with amend #4761.
H2153: HOMEOWNERS' ASSOCIATIONS; PUBLIC ROADWAYS
Homeowners' associations in planned communities have no authority over any public roadway for which ownership has been dedicated to a governmental entity. AS PASSED HOUSE.
First sponsor: Rep. Barto /
H2153: / HOMEOWNERS' ASSOCIATIONS; PUBLIC ROADWAYS / 3/22 / Senate nat res-inf held.
H2154: PRIVATE EASEMENTS; MAINTENANCE
Owners of private right-of-ways and easements and owners of land attached to an easement must maintain the easement, either as provided in an agreement among the owners or, if there is no agreement, where the cost is shared proportionally according to each owner's use of the easement. If the easement is held by three or more persons, the cost of maintenance must be approved by a majority of the easement holders who use the easement, even if there is no formal agreement. If there is disagreement, an easement holder may apply to a court to appoint an arbitrator to determine apportionment of costs. AS PASSED HOUSE.
First sponsor: Rep. Barto /
H2154: / PRIVATE EASEMENTS; MAINTENANCE / 3/22 / referred to Senate gov inst.
H2159: BOARDS OF EQUALIZATION; PETITIONS; REVIEW
In counties with a population of less than 500,000 (all except Maricopa and Pima), the county board of supervisors may contract with the state board of equalization to hold hearings and make decisions on appeals of valuation or legal classification of property.
First sponsor: Rep. Murphy /
H2159: / BOARDS OF EQUALIZATION; PETITIONS; REVIEW / 3/18 / from Senate fin do pass.
H2188: STATE TRUST LANDS; VETERANS' CEMETERIES
The State Land Commissioner is authorized to "make available" parcels of up to 250 acres in urbanized areas of the state for use as cemeteries by the Dept of Veterans' Services. Enactment conditional on voters approving a constitutional amendment to permit the disposition of state trust lands in this fashion for veterans' cemeteries. AS PASSED HOUSE.
First sponsor: Rep. Jerry Weiers /
H2188: / STATE TRUST LANDS; VETERANS' CEMETERIES / 3/22 / withdrawn from Senate vet-mil and referred to nat res-inf.
H2209: PUBLIC MEETINGS; NOTICES
Public bodies must post all public meeting notices on their website and give additional public notice as is “reasonable and practicable” to all meetings. The statement of where public notices for meetings of public bodies will be posted must be conspicuously posted on the websites of public bodies, instead of filed with the Secretary of State. Special districts are required to comply with public meeting notice requirements. State agencies with 100 or fewer employees are no longer exempt from annually publishing the name of employees designated to assist members of the public. Also requires the Secretary of State, county clerk, or municipal clerk to conspicuously post open meeting law materials prepared by the Attorney General on their website, and requires a person elected or appointed to a public body to review the materials at least one day before the day that person takes office. Previously, these officers were required to distribute the open meeting law materials to elected or appointed public officials before the officials took office. AS PASSED HOUSE.
First sponsor: Rep. Reagan /
H2209: / PUBLIC MEETINGS; NOTICES / 3/23 / referred to Senate gov inst.
H2210: LANDLORD TENANT OBLIGATIONS; PEST CONTROL
Establishes regulations for landlord and tenant obligations relating to household pest control. The Department of Health Services is required to prepare a pamphlet on bedbugs for landlords to deliver to tenants. Counties and municipalities are prohibited from adopting requirements for landlords or tenants relating to control of household pests. AS PASSED HOUSE.
First sponsor: Rep. Reagan /
H2210: / LANDLORD TENANT OBLIGATIONS; PEST CONTROL / 3/24 / from Senate com-econ with amend #4784.
H2241: RENEWABLE ENERGY PRODUCTION TAX CREDIT
Beginning tax year 2011, creates an individual and corporate income tax credit for the production of electricity using renewable energy resources. Specifies credit amounts based on the amount of electricity generated and the production source.
First sponsor: Rep. McComish /
H2241: / RENEWABLE ENERGY PRODUCTION TAX CREDIT / 2/15 / withdrawn from House ways-means.
H2249: MUNICIPAL DEVELOPMENT FEES; REFUNDS
If a facility is not completed within 7 years after the first development fee is assessed, the municipality must refund any fees that were collected to the payor. Exempts development fees for water resource, wastewater or sewer facilities.
First sponsor: Rep. Biggs /
H2249: / MUNICIPAL DEVELOPMENT FEES; REFUNDS / 3/25 / House COW approved with floor amend #4819, a substitute for amend 4087.
H2250: ARIZONA'S JOB RECOVERY ACT
Repeals the state's current job training program and replaces it with a new job training program consisting of "impact programs" (defined) managed by the Dept of Commerce. Establishes the Arizona Opportunity Fund and authorizes the governor to negotiate on behalf of the state in awarding grants from the fund to attract business or to promote economic, infrastructure or community development. Establishes a Quality Jobs Program whereby companies may qualify for a waiver of 50% of the state withholding tax on compensation. Delays the repeal of statutes authorizing enterprise zones for five years to July 1, 2016 and expands the eligibility criteria for companies that may qualify for enterprise zone tax incentives. The state equalization assistance property tax is phased out over four years, beginning in tax year 2011. The assessment ratio for class 1 property (commercial & industrial) is phased down to 15% from 20% in 1% increments beginning in tax year 2012. The corporate income tax rate is reduced to 5% from 6.968% over four years beginning in tax year 2011. The corporate sales factor is increased to 100% from 80% over two years beginning in tax year 2015. Makes reductions in individual income tax rates over four years beginning in tax year 2011. More. AS PASSED HOUSE.
First sponsor: Rep. Adams /
H2250: / ARIZONA'S JOB RECOVERY ACT / 3/17 / referred to Senate rules only.
H2257: MUNICIPAL TAXATION & FEES; NOTICE
Municipalities may not levy or assess any new or additional taxes or fees (including rate increases) on commercial entities unless the municipality gives written notice at least 90 days before the tax or fee becomes effective and releases a report identifying the methodology for calculating the tax or fee. Municipalities may not avoid these requirements by imposing a new or modified tax or fee as an emergency measure.
First sponsor: Rep. Antenori /
H2257: / MUNICIPAL TAXATION & FEES; NOTICE / 3/25 / House COW approved with amend #4233.
H2259: DEVELOPMENT FEES; PROPORTIONAL SHARE
Municipal development fees cannot exceed the proportionate share of the costs incurred by the municipality in providing necessary public services to the development, based on the same level of service provided to existing residents in the municipality.
First sponsor: Rep. Biggs /
H2259: / DEVELOPMENT FEES; PROPORTIONAL SHARE / 3/25 / House COW approved.
H2260: REGULATORY RULE MAKING
Various changes to statutes governing regulatory rule making, including creating a “general permit” (defined) and requiring new permit rules to use general permits except in specified circumstances, prohibiting rules that are more stringent than federal law without express statutory authority, and allowing summary rule making for the repeal of “ineffective” rules that do not increase compliance costs or reduce entity rights. A person may petition the Dept of Environmental Quality to classify any slurce of air pollution to be subject to a general permit rather than an individual permit. Rejection of the petition is an appealable agency action. AS PASSED HOUSE.
First sponsor: Rep. Tobin /
H2260: / REGULATORY RULE MAKING / 3/8 / referred to Senate gov inst.
H2290: WASTE TIRES IN ABANDONED MINES
Through December 31, 2015, waste tires may be placed in three abandoned mines as fill material for the closure of the mine, with final cover consisting of earthen material that is at least 10 feet deep. The selection of the mines is the responsibility of the State Mine Inspector. Creates an abandoned mine reclamation working group to evaluate the use of waste tires as fill material for abandoned mines. The working group self-repeals January 1, 2016. AS PASSED HOUSE.
First sponsor: Rep. Jones /
H2290: / WASTE TIRES IN ABANDONED MINES / 3/8 / referred to Senate nat res-inf.
H2297: CITY OR TOWN ANNEXATION
A petition signed by a majority of land owners that is otherwise necessary for a municipality to annex territory is not required if the territory to be annexed is bordered by the municipality on at least 3 sides and if the landowner has requested that the federal government take ownership of the territory or hold the territory in trust. Annexation under these circumstances is valid if approved by a majority vote of the municipal council and becomes effective immediately on such a vote if approved as an emergency measure. [Capitol Reports note: this bill is aimed at preventing the Tohono O'Odham Tribe from building a casino on land it has purchased adjacent to Gledale.] AS PASSED HOUSE.
First sponsor: Rep. Jerry Weiers /
H2297: / CITY OR TOWN ANNEXATION / 3/22 / referred to Senate rules only.
H2337: AZ MANUFACTURED INCANDESCENT LIGHTBULBS; REGULATION
Incandescent lightbulbs manufactured in Arizona that are not exported to another state are not subject to federal law or federal regulation under the authority of Congress to regulate interstate commerce. Contains a legislative findings section.
First sponsor: Rep. Antenori /
H2337: / AZ MANUFACTURED INCANDESCENT LIGHTBULBS; REGULATION / 3/8 / referred to Senate com-econ.
H2345: HOA; CONDOS; FOR SALE SIGNS (HOA; CONDOS; FEES; SIGNS)
Homeowners' associations or condo association are prohibited from banning the display of the POW/MIA flag or from banning temporary open house signs. Further, they may not regulate open house hours except for restricting the hours to after 8 a.m. or before 6 p.m. Nor can they prohibit display of for lease signs unless the association does not allow leasing of units. AS PASSED HOUSE.
First sponsor: Rep. Antenori /
H2345: / HOA; CONDOS; FOR SALE SIGNS / 3/25 / Senate gov inst do pass; report awaited.
H2428: COUNTY ZONING HEARINGS; APPEAL
Allows county boards of supervisors to authorize boards of adjustment to review decisions by a hearing officer on zoning violations and render a final decision. In zoning enforcement actins, if a county board of supervisors delegates the review of decisions made by the zoning hearing officer to a board of adjustment, the board must delegate all reqeusted reviews to the board of adjustment. AS PASSED HOUSE.