Assigned to NRRA & APPROP                                                                                                      FOR COMMITTEE

 

 

 

 

ARIZONA STATE SENATE

Forty-seventh Legislature, Second Regular Session

 

FACT SHEET FOR H.B. 2639

 

earth fissure maps

 

Purpose

 

            Requires the State Land Department (SLD) to create earth fissure maps based on information provided by the Arizona Geological Survey (AZGS), and requires the Arizona Department of Real Estate (ADRE) and AZGS to make the maps available to the public.

 

Background

 

            According to the AZGS, earth fissures are tension cracks that result from land subsidence caused by groundwater withdrawal. In Arizona, fissures are common in large alluvial basins where extensive pumping has lowered groundwater levels as much as 600 feet.  Subsidence can cause flooding of lowered areas, and can change drainage gradients and directions, thereby disrupting storm drains, sewers and canals.  AZGS claims that earth fissures can cause significant damage to structures such as buildings, roads, pipelines, and aqueducts and can provide a conduit for surface pollution to reach aquifers.  The AZGS maintains the Center for Land Subsidence and Earth Fissure Information to answer requests for information, refer the public to appropriate agencies for assistance, and investigate subsidence areas and earth fissures.

 

            According to the SLD, the Resource Analysis Division (Division) is responsible for the administrative functions of the State Land Department, including managing SLD’s computerized business and administrative systems. The Division is also responsible for managing the Geographic Information Systems and administering the Arizona Land Resources Information System and State Cartographer's Office.

 

            According to ADRE, its mission is to protect the public interest through licensure and regulation of the real estate profession in the State of Arizona, including the review of subdivisions and unsubdivided land offered for sale or lease.  The Commissioner is required to issue to the subdivider or owner or agent a public report authorizing the sale or lease of the subdivided or unsubdivided land unless there are violations of law that warrant denial.

 

            According to the fiscal note for H.B. 2639 produced by the Joint Legislative Budget Committee (JLBC), the estimated fiscal impact of H.B. 2639 in FY 2006-2007 is between $348,100 and $422,700 from the state General Fund for additional staff and equipment.  The estimated ongoing fiscal impact is between $280,600 and $250,600 from the state General Fund.

 

Provisions

 

Earth Fissure Maps

 

1.      Requires the AZGS to provide the SLD with earth fissure data every five years, starting in January 2007, for the purpose of creating earth fissure maps.

 

2.      Requires the Division to produce earth fissure maps within 90 days of receiving earth fissure data from the AZGS, including on the maps overlays of affected counties, cities, towns highways and streets.

 

3.      Requires the Division to provide the earth fissure maps to the AZGS and the ADRE in both printed and electronic formats.

 

4.      Requires the AZGS and ADRE to provide earth fissure maps to the public on request in either printed or electronic format, and requires the ADRE to provide public access to the earth fissure maps on its website.

 

Earth Fissure Map Disclaimer

 

5.      Requires the earth fissure maps distributed to the public to include a notice stating that the map is not guaranteed to be accurate and is only a supplement to professional inspection of property.

 

Legal Stipulations and Liability

 

6.      Stipulates that the statutory requirements pertaining to earth fissure maps shall not be construed as denying a person’s constitutional rights.

 

7.      Stipulates that a filing at the ADRE related to earth fissure maps does not create an independent cause of action.

 

8.      Immunizes a subdivider, owner or licensee from liability to any person or governmental entity for any act or failure to act in connection with: 

a)   a disclosure that real estate is subject to earth fissures if a written disclosure or a ADRE public report authorizing the sale of subdivided or unsubdivided lands includes notice of the earth fissure map and website.

b)   any disclosure that occurred before the date that the earth fissure map is posted on the ADRE website if the subdivider, owner or licensee did not know that the land was subject to earth fissures before the map was posted on the website.

 

Miscellaneous

 

9.      Makes technical and conforming changes.

 

10.  Becomes effective on the general effective date.

 

House Action

 

NRA               2/6/06     DPA     8-0-0-2

3rd Read           3/2/06                  55-1-4-0

 

Prepared by Senate Research

March 13, 2006

FB/jas