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REFERENCE TITLE: renewable energy incentive districts; formation |
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State of Arizona Senate Forty-ninth Legislature Second Regular Session 2010
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SB 1269 |
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Introduced by Senator Paton
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AN ACT
amending section 9‑499.14, Arizona Revised Statutes; relating to renewable energy incentive districts.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 9-499.14, Arizona Revised Statutes, is amended to read:
9-499.14. Renewable energy incentive districts; definition
A. The governing body of a city or town may designate a renewable energy incentive district in an area in the city or town if all of the following apply:
1. The proposed district consists of a vacant or underused parcel or parcels of property, or any other parcel or parcels of property the governing body deems suitable for renewable energy equipment, that are appropriate sizes for the construction and operation of renewable energy equipment. The governing body may designate portions of land or noncontiguous portions of land as a renewable energy incentive district or districts.
2. The proposed district is located within an area of the city or town so that the construction and operation of renewable energy equipment would not be incompatible with other uses of property in the area considering factors relating to the construction and operation of renewable energy equipment including:
(a) The ability to adequately buffer the district from surrounding incompatible uses.
(b) The noise level emanating from the district alone and in relation to ambient noise levels at the perimeter of the property falling within the proposed district and relative to other adjacent lands.
(c) The extent to which the district would be located in proximity to existing transportation and electrical transmission corridors.
(d) Compatibility with commercial and military air space requirements.
3. The governing body has evaluated the extent to which the proposed district is consistent with the existing general plan and has determined that the proposed district does not conflict with the plan. The governing body may determine that the district is not a major amendment to the general plan pursuant to section 9‑461.06.
B. Before establishing a renewable energy incentive district, the governing body shall:
1. Identify the boundaries of the proposed district.
2. Notify the owners of private property in the proposed district, property managers of federal and state land in the proposed district and all property owners with land within one mile of the outer perimeter of the proposed district by first class mail sent to the addresses on the most recent tax roll. The notice shall be mailed at least fifteen days before the hearing held pursuant to paragraph 4 of this subsection.
3. Publish notice of the proposed district in a newspaper of general circulation in the county once each week for two consecutive weeks before the hearing held pursuant to paragraph 4 of this subsection.
4. Hold at least one public hearing in the county supervisorial district in which the proposed district is located to provide information and receive public comments.
B. C. If, after a hearing, the governing body establishes a renewable energy incentive district, it shall adopt a renewable energy incentive plan to encourage the construction and operation of renewable energy equipment in the district. The plan may include:
1. Expedited zoning or rezoning procedures.
2. Expedited processing of plans, proposals and permits.
3. Waivers or abatement of zoning fees, processing fees, and improvement district fees and assessments for development activities.
4. Waiver or abatement of development standards and procedural requirements.
C. D. For the purposes of this section, "renewable energy equipment" has the same meaning as prescribed in section 42‑14155.