Bill Amendment: AZ HB2443 | 2013 | Fifty-first Legislature 1st Regular
Bill Title: Cities; counties; regulatory review
Status: 2013-04-10 - Governor Signed [HB2443 Detail]
Download: Arizona-2013-HB2443-SENATE_ADOPTED_AMENDMENT_Government_and_Environment.html
Fifty-first Legislature Government and Environment
First Regular Session H.B. 2443
COMMITTEE ON GOVERNMENT AND ENVIRONMENT
SENATE AMENDMENTS TO H.B. 2443
(Reference to House engrossed bill)
Page 1, strike lines 2 through 45
Strike pages 2 through 5
Page 6, strike lines 1 through 11
Renumber to conform
After line 45, insert:
"Sec. 2. Section 9-832, Arizona Revised Statutes, is amended to read:
9-832. Regulatory bill of rights
To ensure fair and open regulation by municipalities, a person:
1. Is eligible for reimbursement of fees and other expenses if the person prevails by adjudication on the merits against a municipality in a court proceeding regarding a municipality decision as provided in section 12‑348.
2. Is entitled to receive information and notice regarding inspections as provided in section 9‑833.
3. Is entitled to have a municipality not base a licensing decision in whole or in part on licensing conditions or requirements that are not specifically authorized as provided in section 9‑834, subsection A.
4. May have a municipality approve or deny the person's license application within a predetermined period of time as provided in section 9‑835.
5. Is entitled to receive written or electronic notice from a municipality on denial of a license application that:
(a) That Justifies the denial with references to the statute, ordinance, code or authorized substantive policy statements on which the denial is based as provided in section 9‑835.
(b) That Explains the applicant's right to appeal the denial as provided in section 9‑835.
6. Is entitled to receive information regarding the license application process at the time the person obtains an application for a license as provided in section 9-836.
7. May inspect all ordinances, codes and substantive policy statements of a municipality, including a directory of documents, at the office of the municipality or on the municipality's website as provided in section 9‑837.
8. Unless specifically authorized, may expect municipalities to avoid duplication of other laws that do not enhance regulatory clarity and to avoid dual permitting to the maximum extent practicable as provided in section 9‑834.
9. May file a complaint with the municipality concerning an ordinance, code or substantive policy statement that fails to comply with this section.
10. As provided in section 9-834, is entitled to have a municipality not request or initiate discussions about waiving any of the rights prescribed in this section."
Renumber to conform
Page 9, between lines 32 and 33, insert:
"Sec. 4. Section 9-834, Arizona Revised Statutes, is amended to read:
9-834. Prohibited acts by municipalities
A. A municipality shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically authorized by statute, rule, ordinance or code. A general grant of authority does not constitute a basis for imposing a licensing requirement or condition unless the authority specifically authorizes the requirement or condition.
B. Unless specifically authorized, a municipality shall avoid duplication of other laws that do not enhance regulatory clarity and shall avoid dual permitting to the maximum extent practicable.
C. This section does not prohibit municipal flexibility to issue licenses or adopt ordinances or codes.
D. A municipality shall not request or initiate discussions with a person about waiving that person's rights."
Renumber to conform
Page 9, line 35, strike "exception" insert "exemptions; definitions"
Page 10, line 26, strike the first "or" insert a comma
Line 27, after "licenses" insert "or approvals from public utilities on residential or commercial development projects"
Page 13, line 14, after "is" insert "either:
1."
Between lines 16 and 17, insert:
"2. Necessary for the construction or development of a residential lot, including swimming pools, hardscape and property walls, subdivisions or master planned community.
O. For the purposes of this section:
1. "Master planned community" means development by one or more developers of real estate that consists of residential, commercial, education, health care, open space and recreational components and that is developed pursuant to a long range, multi-phase master plan providing comprehensive land use planning and staged implementation and development.
2. "Subdivision" means improved or unimproved land or lands divided for the purposes of financing, sale or lease, whether immediate or future, into four or more lots, tracts or parcels of land, or, if a new street is involved, any such property that is divided into two or more lots, tracts or parcels of land, or, any such property, the boundaries of which have been fixed by a recorded plat, which is divided into more than two parts. subdivision includes any condominium, cooperative, community apartment, townhouse or similar project containing four or more parcels, in which an undivided interest in the land is coupled with the right of exclusive occupancy of any unit located thereon, but plats of such projects need not show the buildings or the manner in which the buildings or airspace above the property shown on the plat are to be divided."
Strike lines 36 through 45
Strike pages 14, 15 and 16
Page 17, strike lines 1 through 7
Renumber to conform
Page 17, after line 44, insert:
"Sec. 8. Section 11-1602, Arizona Revised Statutes, is amended to read:
11-1602. Regulatory bill of rights
To ensure fair and open regulation by counties, a person:
1. Is eligible for reimbursement of fees and other expenses if the person prevails by adjudication on the merits against a county in a court proceeding regarding a county decision as provided in section 12‑348.
2. Is entitled to receive information and notice regarding inspections as provided in section 11‑1603.
3. Is entitled to have a county not base a licensing decision in whole or in part on licensing conditions or requirements that are not specifically authorized as provided in section 11‑1604.
4. May have a county approve or deny the person's license application within a predetermined period of time as provided in section 11‑1605.
5. Is entitled to receive written or electronic notice from a county on denial of a license application that:
(a) That Justifies the denial with references to the statute, ordinance, regulation, delegation agreement or authorized substantive policy statements on which the denial is based as provided in section 11‑1605.
(b) That Explains the applicant's right to appeal the denial as provided in section 11‑1605.
6. Is entitled to receive information regarding the license application process at the time the person obtains an application for a license as provided in section 11‑1606.
7. May inspect all ordinances, regulations and substantive policy statements of a county, including a directory of documents, at the office of the county or on the county's website as provided in section 11‑1607.
8. Unless specifically authorized, may expect counties to avoid duplication of other laws that do not enhance regulatory clarity and to avoid dual permitting to the maximum extent practicable as provided in section 11‑1604.
9. May file a complaint with the board of supervisors concerning an ordinance, regulation or substantive policy statement that fails to comply with this section.
10. AS PROVIDED IN SECTION 11‑1604, IS ENTITLED to HAVE A county not REQUEST OR INITIATE DISCUSSIONS ABOUT WAIVING ANY OF THE RIGHTS prescribed in this section."
Renumber to conform
Page 20, between lines 30 and 31, insert:
"Sec. 10. Section 11-1604, Arizona Revised Statutes, is amended to read:
11-1604. Prohibited acts by county
A. A county shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically authorized by statute, rule, ordinance or delegation agreement. A general grant of authority does not constitute a basis for imposing a licensing requirement or condition unless the authority specifically authorizes the requirement or condition.
B. Unless specifically authorized, a county shall avoid duplication of other laws that do not enhance regulatory clarity and shall avoid dual permitting to the maximum extent practicable.
C. This section does not prohibit county flexibility to issue licenses or adopt ordinances or codes.
D. A county shall not request or INITIATE discussions with a person about waiving that person's rights."
Renumber to conform
Line 33, strike "exemption" insert "exemptions; definitions"
Page 21, line 23, strike the first "or" insert a comma
Line 24, after "licenses" insert "or approvals from public utilities on residential or commercial development projects"
Page 23, line 45, after "applicant" insert "provided that the application is submitted before the time of destruction of the original application file pursuant to section 41‑151.15"
Page 24, line 3, after "is" insert "either:
1."
Page 24, between lines 5 and 6, insert:
"2. Necessary for the construction or development of a residential lot, including swimming pools, hardscape and property walls, subdivisions or master planned community.
N. For the purposes of this section:
1. "Master planned community" means development by one or more developers of real estate that consists of residential, commercial, education, health care, open space and recreational components and that is developed pursuant to a long range, multi-phase master plan providing comprehensive land use planning and staged implementation and development.
2. "Subdivision" means improved or unimproved land or lands divided for the purposes of financing, sale or lease, whether immediate or future, into four or more lots, tracts or parcels of land, or, if a new street is involved, any such property that is divided into two or more lots, tracts or parcels of land, or, any such property, the boundaries of which have been fixed by a recorded plat, which is divided into more than two parts. Subdivision includes any condominium, cooperative, community apartment, townhouse or similar project containing four or more parcels, in which an undivided interest in the land is coupled with the right of exclusive occupancy of any unit located thereon, but plats of such projects need not show the buildings or the manner in which the buildings or airspace above the property shown on the plat are to be divided."
Page 25, between lines 14 and 15, insert:
"Sec. 14. Section 48-3642, Arizona Revised Statutes, is amended to read:
48-3642. Regulatory bill of rights
To ensure fair and open regulation by districts, a person:
1. Is eligible for reimbursement of fees and other expenses if the person prevails by adjudication on the merits against a district in a court proceeding regarding a district decision as provided in section 12‑348.
2. Is entitled to receive information and notice regarding inspections as provided in section 48‑3643.
3. Is entitled to have a district not base a licensing decision in whole or in part on licensing conditions or requirements that are not specifically authorized as provided in section 48‑3644.
4. May have a district approve or deny the person's license application within a predetermined period of time as provided in section 48‑3645.
5. Is entitled to receive written or electronic notice from a district on denial of a license application:
(a) That justifies the denial with references to the statute, ordinance, regulation, executive order, delegation agreement or authorized substantive policy statement on which the denial is based as provided in section 48‑3645.
(b) That explains the applicant's right to appeal the denial as provided in section 48‑3645.
6. Is entitled to receive information regarding the license application process at the time the person obtains an application for a license as provided in section 48‑3646.
7. May inspect all ordinances, regulations and substantive policy statements of a district, including a directory of documents, at the office of the district or a district website as provided in section 48‑3647.
8. Unless specifically authorized, may expect districts to avoid duplication of other laws that do not enhance regulatory clarity and to avoid dual permitting to the maximum extent practicable as provided in section 48‑3644.
9. May file a complaint with the board of review concerning an ordinance, regulation or substantive policy statement that fails to comply with this section.
10. As provided in section 48‑3644, is entitled to have a district not request or initiate discussions about waiving any of the rights prescribed in this section."
Renumber to conform
Page 27, after line 45, insert:
"Sec. 16. Section 48-3644, Arizona Revised Statutes, is amended to read:
48-3644. Prohibited acts by district
A. A district shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically authorized by statute, rule, regulation, ordinance, executive order or delegation agreement. A general grant of authority does not constitute a basis for imposing a licensing requirement or condition unless the authority specifically authorizes the requirement or condition.
B. Unless specifically authorized, a district shall avoid duplication of other laws or executive orders that do not enhance regulatory clarity and shall avoid dual permitting to the maximum extent practicable.
C. This section does not prohibit district flexibility to issue licenses or adopt ordinances or regulations.
D. A district shall not request or initiate discussions with a person about waiving that person's rights. "
Renumber to conform
Page 28, line 4, strike "exemption" insert "exemptions; definitions"
Line 37, strike the first "or" insert a comma
Line 38, after "approvals" insert "or approvals from public utilities on residential or commercial development projects"
Page 31, line 14, after "applicant" insert "provided that the application is submitted before the time of destruction of the original application file pursuant to section 41‑151.15"
Line 17, strike "licenses" insert "a license that is either:
1."
Page 31, between lines 19 and 20, insert:
"2. Necessary for the construction or development of a residential lot, including swimming pools, hardscape and property walls, subdivisions or master planned community.
N. For the purposes of this section:
1. "Master planned community" means development by one or more developers of real estate that consists of residential, commercial, education, health care, open space and recreational components and that is developed pursuant to a long range, multi-phase master plan providing comprehensive land use planning and staged implementation and development.
2. "Subdivision" means improved or unimproved land or lands divided for the purposes of financing, sale or lease, whether immediate or future, into four or more lots, tracts or parcels of land, or, if a new street is involved, any such property that is divided into two or more lots, tracts or parcels of land, or, any such property, the boundaries of which have been fixed by a recorded plat, which is divided into more than two parts. subdivision includes any condominium, cooperative, community apartment, townhouse or similar project containing four or more parcels, in which an undivided interest in the land is coupled with the right of exclusive occupancy of any unit located thereon, but plats of such projects need not show the buildings or the manner in which the buildings or airspace above the property shown on the plat are to be divided."
Page 31, strike lines 20, 21 and 22
Amend title to conform
