Bill Text: AZ SB1368 | 2012 | Fiftieth Legislature 2nd Regular | Introduced
Bill Title: Hot air balloons; gliders; recovery
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2012-02-13 - Senate NRT Committee action: Held [SB1368 Detail]
Download: Arizona-2012-SB1368-Introduced.html
|
REFERENCE TITLE: hot air balloons; gliders; recovery |
|
State of Arizona Senate Fiftieth Legislature Second Regular Session 2012
|
|
SB 1368 |
|
|
|
Introduced by Senator Shooter
|
AN ACT
amending sections 9-500.04, 9-500.27, 28-1177, 28-1178, 28-8411, 37-1153 and 49-457.03, Arizona Revised Statutes; relating to aircraft recovery vehicles.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 9-500.04, Arizona Revised Statutes, is amended to read:
9-500.04. Air quality control; definitions
A. The governing body of a city or town in area A or area B as defined in section 49‑541 shall:
1. If the city has a population exceeding fifty thousand persons according to the 1995 special census, adjust the work hours of at least eighty‑five per cent of municipal employees each year beginning October 1 and ending April 1 in order to reduce the level of carbon monoxide, ozone and particulate matter concentrations caused by vehicular travel.
2. In area A, in consultation with the designated metropolitan planning organization, synchronize traffic control signals on all existing and new roadways, within and across jurisdictional boundaries, that have average daily trips exceeding fifteen thousand motor vehicles per day.
3. In area A, beginning on January 1, 2008, develop and implement plans to stabilize targeted unpaved roads, alleys and unpaved shoulders on targeted arterials. The plans shall address the performance goals, the criteria for targeting the roads, alleys and shoulders, a schedule for implementation, funding options and reporting requirements. Priority shall be given to the following:
(a) Unpaved roads with more than one hundred average daily trips.
(b) Unpaved shoulders on arterial roads and other road segments where vehicle use on unpaved shoulders is evident or anticipated due to projected traffic volume.
4. In area A, acquire or utilize vacuum systems or other dust removal technology to reduce the particulates attributable to conventional crack sealing operations as existing equipment is retired.
5. In area A, in order to reduce particulate matter in ambient air:
(a) Beginning March 31, 2008, on any high pollution advisory day forecast by the department of environmental quality prohibit employees or contractors of that city or town from operating leaf blowers except while in vacuum mode and prohibit those employees or contractors from blowing landscape debris into public roadways at any time.
(b) No later than March 31, 2008, adopt, implement and enforce an ordinance that bans the blowing of landscape debris into public roadways at any time by any person.
6. In area A, no later than March 31, 2008, adopt or amend codes or ordinances and, no later than October 1, 2008, commence enforcement of those codes or ordinances as necessary to require that parking, maneuvering, ingress and egress areas at developments other than residential buildings with four or fewer units are maintained with one or more of the following dustproof paving methods:
(a) Asphaltic concrete.
(b) Cement concrete.
(c) Penetration treatment of bituminous material and seal coat of bituminous binder and a mineral aggregate.
(d) A stabilization method approved by the city or town.
7. In area A, no later than March 31, 2008, adopt or amend codes or ordinances and, no later than October 1, 2009, commence enforcement of those codes or ordinances as necessary to require that parking, maneuvering, ingress and egress areas that are three thousand square feet or more in size at residential buildings with four or fewer units are maintained with a paving or stabilization method authorized by the city or town by code, ordinance or permit.
8. In area A, no later than March 31, 2008, adopt or amend codes or ordinances as necessary to restrict vehicle parking and use on unpaved or unstabilized vacant lots. This paragraph does not apply to vehicles used on state trust lands to launch, land or recover hot air balloons or to land and recover gliders.
9. In area A, no later than March 31, 2008, require that new or renewed contracts for street sweeping on city streets must be conducted with street sweepers that meet the south coast air quality management district rule 1186 street sweeper certification specifications for pick up efficiency and PM-10 emissions in effect on January 1, 2007.
10. In area B, synchronize traffic control signals on all roadways that have average daily trips exceeding fifteen thousand motor vehicles per day.
B. The governing body of a city or town in area B as defined in section 49‑541 may make and enforce ordinances to reduce or encourage the reduction of the commuter use of motor vehicles by employees of the city or town and employees whose place of employment is within the city or town.
C. Except as provided in subsection F of this section, the governing body of a city or town in area A as defined in section 49‑541 in a county with a population of more than one million two hundred thousand persons according to the most recent United States decennial census shall develop and implement a vehicle fleet plan for the purpose of encouraging and progressively increasing the use of alternative fuels and clean burning fuels in city or town owned vehicles. The plan shall include a timetable for increasing the use of alternative fuels and clean burning fuels in fleet vehicles either through purchase or conversion.
D. The timetable shall reflect the following schedule and percentage of vehicles that operate on alternative fuels and clean burning fuels:
1. At least eighteen per cent of the total fleet by December 31, 1995.
2. At least twenty‑five per cent of the total fleet by December 31, 1996.
3. At least fifty per cent of the total fleet by December 31, 1998.
4. At least seventy‑five per cent of the total fleet by December 31, 2000 and each year thereafter.
E. The requirements of subsections C and D of this section may be waived on receipt of evidence acceptable to the city or town council that the city or town is unable to acquire or be provided equipment or refueling facilities necessary to operate vehicles using alternative fuels or clean burning fuels at a projected cost that is reasonably expected to result in net costs of no greater than ten per cent more than the net costs associated with the continued use of conventional gasoline or diesel fuels measured over the expected useful life of the equipment or facilities supplied. Applications for waivers shall be filed with the department of environmental quality pursuant to section 49‑412. An entity that receives a waiver pursuant to this section shall retrofit fleet heavy duty diesel vehicles with a gross vehicle weight of eight thousand five hundred pounds or more, that were manufactured in or before model year 1993 and that are the subject of the waiver with a technology that is effective at reducing particulate matter emissions at least twenty-five per cent or more and that has been approved by the United States environmental protection agency pursuant to the urban bus engine retrofit/rebuild program. The entity shall comply with the implementation schedule pursuant to section 49‑555.
F. The plan prescribed by subsection C of this section shall include provisions for the use of alternative fuels and clean burning fuels in the bus fleet operated by that city or town or a regional public transportation authority, except that all newly purchased buses shall use alternative fuel or clean burning fuel. The bus fleet shall comply with the timetable prescribed by subsection D of this section, except that the requirements of subsections C and D of this section may be waived on receipt of certification supported by evidence acceptable to the department of environmental quality that the city or town is unable to acquire or be provided equipment or refueling facilities necessary to operate vehicles using alternative fuels or clean burning fuels at a projected cost that is reasonably expected to result in net costs of no greater than twenty per cent more than the net costs associated with the continued use of conventional gasoline or diesel fuels measured over the expected useful life of the equipment or facilities supplied.
G. If the requirements of subsections C, D and F of this section are met by the use of clean burning fuel, vehicle equivalents under those requirements shall be calculated as follows:
1. One vehicle equivalent for every four hundred fifty gallons of neat biodiesel or two thousand two hundred fifty gallons of a diesel fuel substitute prescribed in section 1-215, paragraph 7, subdivision (b).
2. One vehicle equivalent for every five hundred thirty gallons of the fuel prescribed in section 1‑215, paragraph 7, subdivision (d).
H. Subsection A, paragraphs 5 through 8 of this section do not apply to any site that has a permit issued by a control officer as defined in section 49‑471 for the control of fugitive dust from dust generating operations.
I. For the purposes of this section, "alternative fuel" and "clean burning fuel" have the same meanings prescribed in section 1‑215.
Sec. 2. Section 9-500.27, Arizona Revised Statutes, is amended to read:
9-500.27. Off-road vehicle ordinance; applicability; violation; classification
A. No later than March 31, 2008, in area A, as defined in section 49‑541, a city or town shall adopt, implement and enforce an ordinance that prohibits the operation of any vehicle, including an off-highway vehicle, an all-terrain vehicle or an off-road recreational motor vehicle, on an unpaved surface that is not a public or private road, street or lawful easement and that is closed by the landowner by rule or regulation of a federal agency, this state, a county or a municipality or by proper posting if the land is private land.
B. This section does not apply to the operation of vehicles used in the normal course of business, or the normal course of government operations or the recovery of hot air balloons or gliders.
C. This section does not prohibit or preempt the enforcement of any similar ordinance that is adopted by a city or town in area A, as defined in section 49-541, before March 31, 2008 for purposes of dust abatement.
D. A person who violates an ordinance adopted pursuant to subsection A of this section is guilty of a class 3 misdemeanor.
E. In addition to or in lieu of a fine pursuant to this section, a judge may order the person to perform at least eight but not more than twenty-four hours of community restitution or to complete an approved safety course related to the off-highway operation of motor vehicles, or both.
Sec. 3. Section 28-1177, Arizona Revised Statutes, is amended to read:
28-1177. Off-highway vehicle user fee; indicia; registration; state trust land recreational permit; exception
A. A person shall not operate an all-terrain vehicle or an off-highway vehicle in this state without an off-highway vehicle user indicia issued by the department if the all-terrain vehicle or off-highway vehicle meets both of the following criteria:
1. Is designed by the manufacturer primarily for travel over unimproved terrain.
2. Has an unladen weight of eighteen hundred pounds or less.
B. A person shall apply to the department of transportation for the off-highway vehicle user indicia by submitting an application prescribed by the department of transportation and a user fee for the indicia in an amount to be determined by the director of the department of transportation in cooperation with the director of the Arizona game and fish department and the Arizona state parks board. The user indicia is valid for one year from the date of issuance and may be renewed. The department shall prescribe by rule the design and placement of the indicia.
C. When a person pays for an off-highway vehicle user indicia pursuant to this section, the person may request a motor vehicle registration if the vehicle meets all equipment requirements to be operated on a highway pursuant to article 16 of this chapter. If a person submits a signed affidavit to the department affirming that the vehicle meets all of the equipment requirements for highway use and that the vehicle will be operated primarily off of highways, the department shall register the vehicle for highway use and the vehicle owner is not required to pay the registration fee prescribed in section 28‑2003. This subsection does not apply to vehicles that as produced by the manufacturer meet the equipment requirements to be operated on a highway pursuant to article 16 of this chapter.
D. The director shall deposit, pursuant to sections 35‑146 and 35‑147, seventy per cent of the user fees collected pursuant to this section in the off-highway vehicle recreation fund established by section 28-1176 and thirty per cent of the user fees collected pursuant to this section in the Arizona highway user revenue fund.
E. An occupant of an off-highway vehicle with a user indicia issued pursuant to this section who crosses state trust lands must comply with all of the rules and requirements under a state trust land recreational permit. All occupants of an off-highway vehicle with a user indicia shall obtain a state trust land recreational permit from the state land department for all other authorized recreational activities on state trust land.
F. This section does not apply to off-highway vehicles, all-terrain vehicles or off-road recreational motor vehicles that are used off-highway exclusively for agricultural, ranching, construction, mining or building trade purposes or for the purposes of recovering aircraft.
Sec. 4. Section 28-1178, Arizona Revised Statutes, is amended to read:
28-1178. Operation of off-highway vehicles; exceptions
A person may operate an all-terrain vehicle or an off-highway vehicle in this state without an off-highway vehicle user indicia issued pursuant to section 28‑1177 if any of the following applies:
1. The person is participating in an off-highway special event.
2. The person is operating an all-terrain vehicle or an off-highway vehicle on private land.
3. The person is loading or unloading an all-terrain vehicle or an off-highway vehicle from a vehicle.
4. During a period of emergency or if the operation is directed by a peace officer or other public authority.
5. All of the following apply:
(a) The person is not a resident of this state.
(b) The person owns the vehicle.
(c) The vehicle displays a current off-highway vehicle user indicia or registration from the person's state of residency.
(d) The vehicle is not in this state for more than thirty consecutive days.
6. The vehicle is an aircraft recovery vehicle in the process of launching or recovering a glider or hot air balloon. For the purposes of this paragraph, "aircraft recovery vehicle" means a motor vehicle used for carrying or towing a trailer that is designed to carry a glider or hot air balloon.
Sec. 5. Section 28-8411, Arizona Revised Statutes, is amended to read:
28-8411. Authority of cities, towns and counties; limitations
A. The governing body of a city or town or the board of supervisors of a county may:
1. Acquire, establish, construct, own, control, lease, equip, improve, maintain, operate and regulate airports for the use of aircraft within or outside the limits of the city, town or county.
2. For the purpose described in paragraph 1 of this subsection, use property that is suitable and that is or may hereafter be owned or controlled by the city, town or county.
B. The governing body of a city or town or the board of supervisors of a county may not restrict the launching or landing of a hot air balloon, the landing of gliders and the access of vehicles for recovery of gliders and hot air balloons from state trust lands or other public or private land if permission has been granted by the landowner.
B. C. This section does not:
1. Authorize the governing body of a city or town or the board of supervisors of a county to restrict or limit the length or width of an airstrip or runway used for the landing and takeoff of aircraft, and any such restriction or limitation is void.
2. Affect the zoning authority of a county, city or town pursuant to other provisions of law.
3. Authorize the governing body of a city or town or the board of supervisors of a county to restrict the launching or landing of a hot air balloon or the landing of a glider on state trust land or other public land if permission has been granted by the landowner.
4. Authorize the governing body of a city or town or the board of supervisors of a county to restrict or prohibit the access of vehicles to recover hot air balloons or gliders on state trust land or other public land if permission has been granted by the landowner.
Sec. 6. Section 37-1153, Arizona Revised Statutes, is amended to read:
37-1153. Permit to use public trust lands
A. On application, the department may permit the use of public trust lands by a public entity or private person or entity if the department determines that such use will be consistent with, and in the best interests of, the public trust. The use may continue only as long as the lands are used for the purposes for which the permit is granted. The permit shall contain terms and conditions that are necessary or appropriate to assure protection of the public trust interests associated with the lands. The user shall pay due compensation to the department that shall be used for the purposes prescribed by this chapter.
B. At least thirty days before issuing a permit under this section, the department shall provide written notice of the proposed action and an opportunity to comment to any person who has previously requested written notice of actions under this section. The department shall provide contemporaneous written notice of the final decision to any person who filed a comment.
C. The department may lease rights‑of‑way in public trust lands for nonexclusive uses for a term of not more than ten years without a public auction, if the conditions prescribed by subsection A are met.
D. The department shall adopt rules relating to granting the use permits and maintaining the public trust land that is subject to permit under this section. The rules shall not prohibit or limit the launching or recovery of hot air balloons or the recovery of gliders from state trust land.
Sec. 7. Section 49-457.03, Arizona Revised Statutes, is amended to read:
49-457.03. Off-road vehicles; pollution advisory days; applicability; penalties
A. In area A, as defined in section 49‑541, a person shall not operate an off-highway vehicle, an all-terrain vehicle or an off-road recreational motor vehicle on an unpaved surface that is not a public or private road, street or lawful easement during any high pollution advisory day forecast for particulate matter by the department.
B. This section does not apply to:
1. An event that is intended for off-highway vehicles, all terrain vehicles or off-road recreational motor vehicles and that is endorsed, authorized, permitted or sponsored by a public agency, that occurs on a designated route or area and that includes dust abatement measures at all staging areas, parking areas and entrances.
2. An event that occurs at a facility for which an admission or user fee is charged and that includes dust abatement measures.
3. A closed course that is maintained with dust abatement measures.
4. An off-highway vehicle, all-terrain vehicle or off-road recreational motor vehicle that is used in the normal course of business or the normal course of government operations.
5. Golf carts that are used as part of a private or public golf course operation.
6. Aircraft recovery vehicles that are operated only for the purposes of launching and retrieving a hot air balloon or retrieving a glider and passengers of these aircraft if the recovery vehicle speed does not exceed ten miles per hour.
C. A person who violates this section is subject to:
1. A warning for the first violation.
2. The imposition of a civil penalty of fifty dollars for the second violation.
3. The imposition of a civil penalty of one hundred dollars for the third violation.
4. The imposition of a civil penalty of two hundred fifty dollars for the fourth or any subsequent violation.
D. For violations of this section, the control officer or other enforcement officer shall use a uniform civil ticket and complaint substantially similar to a uniform traffic ticket and complaint prescribed by the rules of procedure in civil traffic cases adopted by the supreme court. The control officer or other enforcement officer may issue citations to persons in violation of this section.
Sec. 8. Short title
This act may be cited as the "Aviation Sustainability Act".
