HB2030 - 472R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 9-461.05, Arizona Revised Statutes, is amended to read:

START_STATUTE9-461.05. General plans; authority; scope

A. Each planning agency shall prepare and the governing body of each municipality shall adopt a comprehensive, long‑range general plan for the development of the municipality. The planning agency shall coordinate the production of its general plan with the creation of the state land department conceptual land use plans under title 37, chapter 2, article 5.1 and shall cooperate with the state land department regarding integrating the conceptual state land use plans into the municipality's general land use plan. The general plan shall include provisions that identify changes or modifications to the plan that constitute amendments and major amendments. The plan shall be adopted and readopted in the manner prescribed by section 9‑461.06.

B. The general plan shall be so prepared that all or individual elements of it may be adopted by the governing body and that it may be made applicable to all or part of the territory of the municipality.

C. The general plan shall consist of a statement of community goals and development policies. It shall include maps, any necessary diagrams and text setting forth objectives, principles, standards and plan proposals. The plan shall include the following elements:

1. A land use element that:

(a) Designates the proposed general distribution and location and extent of such uses of the land for housing, business, industry, agriculture, recreation, education, public buildings and grounds, open space and other categories of public and private uses of land as may be appropriate to the municipality.

(b) Includes a statement of the standards of population density and building intensity recommended for the various land use categories covered by the plan.

(c) Identifies specific programs and policies that the municipality may use to promote infill or compact form development activity and locations where those development patterns should be encouraged.

(d) Includes consideration of air quality and access to incident solar energy for all general categories of land use.

(e) Includes policies that address maintaining a broad variety of land uses including the range of uses existing in the municipality when the plan is adopted, readopted or amended.

(f) For cities and towns with territory in the vicinity of a military airport or ancillary military facility as defined in section 28‑8461, includes consideration of military airport or ancillary military facility operations. On or before December 31, 2005, if a city or town includes land in a high noise or accident potential zone as defined in section 28‑8461, the city or town shall identify the boundaries of the high noise or accident potential zone in its general plan for purposes of planning land uses in the high noise or accident potential zone that are compatible with the operation of the military airport or ancillary military facility pursuant to section 28‑8481, subsection J.

(g) For cities and towns located within three miles of the Barry M. Goldwater range-west as defined in section 9-462.09:

(i) Includes consideration of military range operations.

(ii) On or before December 31, 2006, identifies the boundaries of the Barry M. Goldwater range-west.

2. A circulation element consisting of the general location and extent of existing and proposed freeways, arterial and collector streets, bicycle routes and any other modes of transportation as may be appropriate, all correlated with the land use element of the plan.

D. For cities and towns having a population of more than two thousand five hundred persons but less than ten thousand persons and whose population growth rate exceeded an average of two per cent per year for the ten year period before the most recent United States decennial census and for cities and towns having a population of ten thousand or more persons according to the most recent United States decennial census, the general plan shall include, and for other cities and towns the general plan may include:

1. An open space element that includes:

(a) A comprehensive inventory of open space areas, recreational resources and designations of access points to open space areas and resources.

(b) An analysis of forecasted needs, policies for managing and protecting open space areas and resources and implementation strategies to acquire additional open space areas and further establish recreational resources.

(c) Policies and implementation strategies designed to promote a regional system of integrated open space and recreational resources and a consideration of any existing regional open space plans.

2. A growth area element, specifically identifying those areas, if any, that are particularly suitable for planned multimodal transportation and infrastructure expansion and improvements designed to support a planned concentration of a variety of uses, such as residential, office, commercial, tourism and industrial uses. This element shall include policies and implementation strategies that are designed to:

(a) Make automobile, transit and other multimodal circulation more efficient, make infrastructure expansion more economical and provide for a rational pattern of land development.

(b) Conserve significant natural resources and open space areas in the growth area and coordinate their location to similar areas outside the growth area's boundaries.

(c) Promote the public and private construction of timely and financially sound infrastructure expansion through the use of infrastructure funding and financing planning that is coordinated with development activity.

3. An environmental planning element that contains analyses, policies and strategies to address anticipated effects, if any, of plan elements on air quality, water quality and natural resources associated with proposed development under the general plan. The policies and strategies to be developed under this element shall be designed to have community‑wide applicability and shall not require the production of an additional environmental impact statement or similar analysis beyond the requirements of state and federal law.

4. A cost of development element that identifies policies and strategies that the municipality will use to require development to pay its fair share toward the cost of additional public service needs generated by new development, with appropriate exceptions when in the public interest. This element shall include:

(a) A component that identifies various mechanisms that are allowed by law and that can be used to fund and finance additional public services necessary to serve the development, including bonding, special taxing districts, development fees, in lieu fees, facility construction, dedications and service privatization.

(b) A component that identifies policies to ensure that any mechanisms that are adopted by the municipality under this element result in a beneficial use to the development, bear a reasonable relationship to the burden imposed on the municipality to provide additional necessary public services to the development and otherwise are imposed according to law.

5. A water resources element that addresses:

(a) The known legally and physically available surface water, groundwater and effluent supplies.

(b) The demand for water that will result from future growth projected in the general plan, added to existing uses.

(c) An analysis of how the demand for water that will result from future growth projected in the general plan will be served by the water supplies identified in subdivision (a) of this paragraph or a plan to obtain additional necessary water supplies.

E. The general plan shall include for cities of fifty thousand persons or more and may include for cities of less than fifty thousand persons the following elements or any part or phase of the following elements:

1. A conservation element for the conservation, development and utilization of natural resources, including forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals and other natural resources. The conservation element may also cover:

(a) The reclamation of land.

(b) Flood control.

(d) Regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan.

(e) Prevention, control and correction of the erosion of soils, beaches and shores.

(f) Protection of watersheds.

2. A recreation element showing a comprehensive system of areas and public sites for recreation, including the following and, if practicable, their locations and proposed development:

(a) Natural reservations.

(b) Parks.

(d) Beaches.

(e) Playgrounds and playfields.

(f) Open space.

(g) Bicycle routes.

(h) Other recreation areas.

3. The circulation element provided for in subsection C, paragraph 2 of this section shall also include for cities of fifty thousand persons or more and may include for cities of less than fifty thousand persons recommendations concerning parking facilities, building setback requirements and the delineations of such systems on the land, a system of street naming and house and building numbering and other matters as may be related to the improvement of circulation of traffic. The circulation element may also include:

(a) A transportation element showing a comprehensive transportation system, including locations of rights‑of‑way, terminals, viaducts and grade separations. This element of the plan may also include port, harbor, aviation and related facilities.

(b) A transit element showing a proposed system of rail or transit lines or other mode of transportation as may be appropriate.

4. A public services and facilities element showing general plans for police, fire, emergency services, sewage, refuse disposal, drainage, local utilities, rights‑of‑way, easements and facilities for them.

5. A public buildings element showing locations of civic and community centers, public schools, libraries, police and fire stations and other public buildings.

6. A housing element consisting of standards and programs for the elimination of substandard dwelling conditions, for the improvement of housing quality, variety and affordability and for provision of adequate sites for housing. This element shall contain an identification and analysis of existing and forecasted housing needs. This element shall be designed to make equal provision for the housing needs of all segments of the community regardless of race, color, creed or economic level.

7. A conservation, rehabilitation and redevelopment element consisting of plans and programs for:

(a) The elimination of slums and blighted areas.

(b) Community redevelopment, including housing sites, business and industrial sites and public building sites.

(d) Other purposes authorized by law.

8. A safety element for the protection of the community from natural and artificial hazards including features necessary for such protection as evacuation routes, peak load water supply requirements, minimum road widths according to function, clearances around structures and geologic hazard mapping in areas of known geologic hazards.

9. A bicycling element consisting of proposed bicycle facilities such as bicycle routes, bicycle parking areas and designated bicycle street crossing areas.

F. The water resources element of the general plan does not require:

1. New independent hydrogeologic studies.

2. The city or town to be a water service provider.

G. The land use element of a general plan of a city with a population of more than one million persons shall include protections from encroaching development for any shooting range that is owned by this state and that is located within or adjacent to the exterior municipal boundaries on or before January 1, 2004. The general plan shall establish land use categories within at least one‑half mile from the exterior boundaries of the shooting range that are consistent with the continued existence of the shooting range and that exclude incompatible uses such as residences, schools, hotels, motels, hospitals or churches except that land zoned to permit these incompatible uses on the effective date of this amendment to this section august 25, 2004 are exempt from this exclusion. For the purposes of this subsection, "shooting range" means a permanently located and improved area that is designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder or any other similar sport shooting in an outdoor environment. Shooting range does not include:

1. Any area for the exclusive use of archery or air guns.

2. An enclosed indoor facility that is designed to offer a totally controlled shooting environment and that includes impenetrable walls, floor and ceiling, adequate ventilation, lighting systems and acoustical treatment for sound attenuation suitable for the range's approved use.

3. A national guard facility located in a city or town with a population of more than one million persons.

4. A facility that was not owned by this state before January 1, 2002.

H. The policies and strategies to be developed under these elements shall be designed to have community‑wide applicability and this section does not authorize the imposition of dedications, exactions, fees or other requirements that are not otherwise authorized by law. END_STATUTE

Sec. 2. Title 9, chapter 4, article 6.1, Arizona Revised Statutes, is amended by adding section 9-462.09, to read:

START_STATUTE9-462.09. Barry M. Goldwater range-west; residential densities; buffer area; definition

A. Notwithstanding any other law, residential densities of a city or town that is located within one mile of the Barry M. Goldwater range-west are subject to the following limitations and requirements:

1. Within one-half mile of the Barry M. Goldwater range-west that is east of the Gila mountains and south of county 17th street on the western boundary of the range, the residential density shall not exceed one dwelling unit per five acre parcel or lot.

2. From within one-half mile to one mile of the Barry M. Goldwater range-west that is east of the Gila mountains and south of county 17th street on the western boundary of the range, the residential density shall not exceed one dwelling unit per two acre parcel or lot.

3. Within one mile of the Barry M. Goldwater range‑west that is west of the Gila mountains and north of county 17th street on the western boundary of the range, the residential density shall not exceed one dwelling unit per two acre parcel or lot.

4. The city or town may amend its land use classifications within three miles of the Barry M. Goldwater range-west to increase residential density only after consideration of the impact and potential conflict with the mission of the range.

5. If the city or town and the military facility, which is charged with management of the Barry M. Goldwater range‑west, mutually agree that an individual use is compatible and consistent with the mission of the range, the use shall be deemed to comply with this subsection.

B. For the purposes of this section, "Barry M. Goldwater range-west" means public lands in Yuma county that are withdrawn and reserved for the use of the secretary of the navy by Public Law 106-65, section 3031(a). END_STATUTE

Sec. 3. Section 11-806, Arizona Revised Statutes, is amended to read:

START_STATUTE11-806. Powers and duties; comprehensive plan

A. The commission shall act in an advisory capacity to the board and may from time to time, and shall, when requested by the board, make a report or recommendation in connection with any matter relating to the development of the county under the jurisdiction of the board. The commission shall make such investigations, maps, reports and recommendations in connection therewith as seem desirable within the limits of the funds available.

B. The commission shall prepare and recommend to the board a comprehensive plan of the area of jurisdiction of the county in the manner prescribed by article 2 of this chapter. The purpose of the plan is to bring about coordinated physical development in accordance with the present and future needs of the county. The comprehensive plan shall be developed so as to conserve the natural resources of the county, to ensure efficient expenditure of public funds, and to promote the health, safety, convenience, and general welfare of the public. Such comprehensive plan may include but not be limited to, among other things, studies and recommendations relative to the location, character and extent of highways, railroads, bus and other transportation routes, bicycle facilities, bridges, public buildings, public services, schools, parks, open space, housing quality, variety and affordability, parkways, hiking and riding trails, airports, forests, wildlife areas, dams, projects affecting conservation of natural resources, air quality, water quality and floodplain zoning. For counties with territory in the vicinity of a military airport or ancillary military facility as defined in section 28‑8461, the commission shall also consider military airport or ancillary military facility operations and, on or before December 31, 2005, shall identify the boundaries of any high noise or accident potential zone as defined in section 28‑8461 in its comprehensive plan for purposes of planning land uses in the high noise or accident potential zone that are compatible with the operation of the military airport or ancillary military facility pursuant to section 28‑8481, subsection J. For counties in which the Barry M. Goldwater range-west, as defined in section 11-827, is located, the commission shall also consider military range operations and, on or before December 31, 2006, shall identify the boundaries of the range in its comprehensive plan for the purposes of planning land uses that are compatible with the operation of the military range operations pursuant to section 11-827. Such comprehensive plan shall be a public record, but its purpose and effect shall be primarily as an aid to the county planning and zoning commission in the performance of its duties.

C. After considering any recommendations from the review required under subsection H of this section, the planning commission shall hold at least one public hearing. Notice of the time and place of a hearing and availability of studies and summaries related to the hearing shall be given at least fifteen and not more than thirty calendar days before the hearing by:

1. Publication at least once in a newspaper of general circulation in the county.

2. Such other manner in addition to publication as the county may deem necessary or desirable.

D. The board shall adopt a comprehensive plan and subsequently amend or extend the adopted plan as provided by article 2 of this chapter. Before the adoption, amendment or extension of the plan, the board shall hold at least one public hearing on the plan.

E. The board of supervisors shall:

1. Adopt written procedures to provide effective, early and continuous public participation in the development and major amendment of comprehensive plans from all geographic, ethnic and economic areas of the county. The procedures shall provide for:

(a) The broad dissemination of proposals and alternatives.

(b) The opportunity for written comments.

(d) Open discussions, communications programs and information services.

(e) Consideration of public comments.

2. Consult with, advise and provide an opportunity for official comment by public officials and agencies, municipalities, school districts, associations of governments, public land management agencies, the military airport if the county's area of jurisdiction includes territory in the vicinity of a military airport or ancillary military facility as defined in section 28‑8461, other appropriate government jurisdictions, public utility companies, civic, educational, professional and other organizations, property owners and citizens generally to secure the maximum coordination of plans and to indicate properly located sites for all public purposes on the plan.

3. In counties having a population of less than four hundred thousand persons, receive petitions to form a rural planning area that are signed by persons who own real property in any specific portion of the county outside the corporate boundaries of any cities and towns. The petitions must be signed by owners of a majority of the acres of real property in the proposed planning area. Participation in the rural planning area is voluntary, and any person may withdraw real property owned by the person from the planning area. The board of supervisors shall encourage voluntary participation in the planning area and shall aid the planning areas in providing a sound factual and policy basis for planning. The recommendations of rural planning areas shall emphasize voluntary, nonregulatory incentives for compliance and accommodation of continuing traditional rural and agricultural enterprises. Rural planning areas shall transmit their recommendations to the board of supervisors for its consideration for inclusion in the county comprehensive plan.

F. In any county having a population of less than four hundred thousand persons, any cities and towns and the county sharing a multijurisdictional area with a combined population of more than fifty thousand but less than one hundred thousand persons, according to the most recent department of economic security estimates, may voluntarily form rural planning zones to develop coordinated and comprehensive regional plans.

G. The commission shall confer with the state land department and the governing bodies and planning commissions of cities and towns in the county for the purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the county, of zoning districts, of urban growth and of public improvements and utilities which do not begin and terminate within the boundaries of any single city or town and which will, in accordance with the present and future needs of the county, best promote with efficiency and economy the health, safety, morals, order, convenience or general welfare of the public.

H. At least sixty days before the comprehensive plan or an element or major amendment of a comprehensive plan is noticed pursuant to subsection C of this section, the commission shall transmit the proposal to the board of supervisors and submit a copy for review and further comment to:

1. Each municipality in the county.

2. Each other county that is contiguous to the county.

3. The regional planning agency in the county.

4. The department of commerce or any other state agency that is subsequently designated as the general planning agency for this state.

5. The department of water resources for review and comment on the water resources element, if a water resources element is required.

6. If the comprehensive plan or an element or amendment of the comprehensive plan is applicable to territory in the vicinity of a military airport or ancillary military facility as defined in section 28‑8461, the military airport.

7. If the comprehensive plan or an element or major amendment of the comprehensive plan is applicable to property in the high noise or accident potential zone of a military airport or ancillary military facility as defined in section 28‑8461, the attorney general. For the purposes of this paragraph, "major amendment" means a substantial alteration of the county's land use mixture or balance as established in the county's existing comprehensive plan land use element for that area of the county.

8. Any person or entity that requests in writing to receive a review copy of the proposal.

I. If a county's area of jurisdiction includes land in a high noise or accident potential zone as defined in section 28‑8461, in order to facilitate development in the high noise or accident potential zone that conforms to the compatible uses prescribed in section 28‑8481, subsection J, the county may approve the transfer of development rights and enter into intergovernmental agreements with any city or town or other county. END_STATUTE

Sec. 4. Title 11, chapter 6, article 2, Arizona Revised Statutes, is amended by adding section 11-827, to read:

START_STATUTE11-827. Barry M. Goldwater range-west; residential densities; buffer area; definition

A. Notwithstanding any other law, residential densities in Yuma county are subject to the following limitations and requirements:

4. The county may amend its land use classifications within three miles of the Barry M. Goldwater range-west to increase residential density only after consideration of the impact and potential conflict with the mission of the range.

5. If the county and the military facility, which is charged with management of the Barry M. Goldwater range‑west, mutually agree that an individual use is compatible and consistent with the mission of the range, the use shall be deemed to comply with this subsection.

Sec. 5. Title 32, chapter 20, article 1, Arizona Revised Statutes, is amended by adding section 32-2116.01, to read:

START_STATUTE32-2116.01. Barry M. Goldwater range-west map; collaboration with state land department; definition

A. The state real estate department shall:

1. Collaborate with the state land department to prepare a map of the Barry M. Goldwater range-west as provided by section 37-177.

2. Make the map available to the public in printed or electronic format.

Sec. 6. Title 37, chapter 1.2, article 1, Arizona Revised Statutes, is amended by adding section 37-177, to read:

START_STATUTE37-177. Barry M. Goldwater range-west map; collaboration with state real estate department; definition

A. The state land department shall:

1. Collaborate with the state real estate department to prepare a map of the Barry M. Goldwater range-west as provided by section 32-2116.01.

2. Provide to the state real estate department the legal description of the boundaries of the range in electronic format.

3. Make the map available to the public in printed or electronic format.

4. Submit the map to Yuma county in printed or electronic format as determined by the county.

Sec. 7. Section 37-620, Arizona Revised Statutes, is amended to read:

START_STATUTE37-620. Vesting of concurrent criminal jurisdiction in the United States over certain lands and areas

A. Concurrent criminal jurisdiction over any lands in the state heretofore reserved from public domain or acquired by the United States as identified in subsection D, and any additions made to such lands, is hereby vested in the United States upon completion of the conditions set forth in subsection B, except that the jurisdiction of the state over such lands shall continue.

B. Concurrent criminal jurisdiction shall vest as to the lands in each area identified in subsection D when the United States submits to the governor of the state a formal written request for concurrent criminal jurisdiction accompanied by a satisfactory legal description and plat of such area, and upon approval by the governor granting concurrent jurisdiction such legal description and plat shall be filed by the governor with the county recorder of each county in which the land is situated. The state may withdraw jurisdiction over any land or area three years after written notification by the governor to the secretary of the interior.

C. The concurrent criminal jurisdiction hereby vested shall continue only as long as the United States continues to own or control the lands within such areas. In the case of any lands included within the boundaries of the areas set forth in subsection D which are not owned or controlled by the United States, the jurisdiction shall not change by operation of this section.

D. The lands subject to this section are all those lands which are owned or controlled by the United States and which are now or hereafter included within the exterior boundaries of:

1. The national park service lands consisting of:

(a) Canyon de Chelly national monument.

(b) Casa Grande Ruins national monument.

(d) Coronado national memorial.

(e) Fort Bowie national historic site.

(f) Glen Canyon national recreation area.

(g) Grand Canyon national park.

(h) Hohokam Pima national monument.

(i) Hubbell Trading Post national historic site.

(j) Lake Mead national recreation area.

(k) Montezuma Castle national monument.

(l) Navajo national monument.

(m) Organ Pipe Cactus national monument.

(n) Petrified Forest national park.

(o) Pipe Spring national monument.

(p) Saguaro national monument.

(q) Sunset Crater national monument.

(r) Tonto national monument.

(s) Tumacacori national monument.

(t) Tuzigoot national monument.

(u) Walnut Canyon national monument.

(v) Wupatki national monument.

2. Those lands administered by the bureau of reclamation or its successor agency of the department of the interior, consisting of:

(a) Davis dam.

(b) Glen Canyon dam.

(d) Imperial dam.

(e) Laguna dam.

(f) Parker dam.

3. Lands administered by the department of defense or its successor land management agency consisting of the Barry M. Goldwater range. END_STATUTE

Sec. 8. Section 41-1512.01, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1512.01. Military installation fund; report; definition

A. The military installation fund is established consisting of revenues made available to the fund from any lawful source. The department of commerce shall administer the fund. On notice from the department, the state treasurer shall invest and divest monies in the fund as provided by section 35‑313, and monies earned from investment shall be credited to the fund. The fund is exempt from the provisions of section 35‑190 relating to lapsing of appropriations.

B. Monies in the fund are continuously appropriated for the purposes of this section.

C. The department, in conjunction with the military affairs commission established by section 41‑1512, shall adopt by rule procedures for receiving and evaluating applications. If applications for monies exceed the amount available in the fund, the department may request applicants to reduce the amount of the applications or deny or award reduced amounts.

D. The department shall receive each application for fund monies and shall forward each application to the military affairs commission. The military affairs commission shall review each application and recommend to the department both of the following:

1. Each applicant that should be awarded monies from the fund.

2. The dollar amount that each applicant listed pursuant to paragraph 1 of this subsection should be awarded from the fund.

E. The department shall consider the military affairs commission's recommendations and shall decide how the monies in the fund shall be awarded among the applicants. The department, after reviewing the recommendations by the military affairs commission, shall make the monies in the fund available for the purpose of military installation preservation and enhancement projects. Except as provided in subsection F of this section, after the department makes an award decision the department shall award the monies.

F. If the department does not comply with the military affairs commission's recommendation for the awards, within five days after the department's decision the department shall report in writing to the president of the senate, the speaker of the house of representatives and the governor. The report shall include the award decision of the department and the recommendation of the military affairs commission. The department shall not distribute monies from the fund to the applicants for at least sixty days after the report is received.

G. The department shall award:

1. Eighty per cent of the monies in the fund for the following purposes, except that up to twenty per cent of this amount may be awarded to cities, towns and counties for the purpose of acquiring private land for the purposes prescribed in paragraph 2 of this subsection:

(a) Acquisition of private property for the purpose of preserving a military installation.

(b) Acquisition of real estate and rights to real estate and otherwise preserving real estate from development or mitigating impacts on development in high noise or accident potential zones as defined in section 28‑8461 and in areas as required to support a military installation.

(c) Acquisition of real estate, property rights and related infrastructure that is vital to the preservation or enhancement of a military installation.

2. Twenty per cent of the monies in the fund to cities, towns and counties for military installation preservation and enhancement projects.

H. The legislature shall review the distribution formula prescribed in subsection G of this section at least once every four years.

I. Monies in the fund may be awarded for debt service on bonds issued by a political subdivision for the purpose of acquisition of private property for the purpose of preserving:

1. A military airport or ancillary military facility as defined in section 28‑8461 if the land acquisition occurs after December 31, 2004.

2. The Barry M. Goldwater range-west if the land acquisition occurs after December 31, 2006. For the purposes of this paragraph, "Barry M. Goldwater range-west" means public lands in Yuma county that are withdrawn and reserved for the use of the secretary of the navy by Public Law 106-65, section 3031(a).

J. The department shall annually report the awards made pursuant to this section. The report shall be in writing and shall be sent to the president of the senate, the speaker of the house of representatives and the governor.

K. For the purposes of this section, "military installation" has the same meaning prescribed in section 41‑1512.END_STATUTE