SB1313 - 492R

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

Section 1. Section 3-3301, Arizona Revised Statutes, is amended to read:

START_STATUTE3-3301. Definitions

In this chapter, unless the context otherwise requires:

1. "Agricultural easement" means a conservation easement that is established pursuant to title 33, chapter 2, article 4 and that is created to satisfy the purposes established by section 3‑3302.

2. "Commission" means the Arizona agricultural protection commission.

3. 2. "Department" means the Arizona department of agriculture.

4. 3. "Director" means the director of the department.END_STATUTE

Sec. 2. Repeal

Section 3‑3303, Arizona Revised Statutes, is repealed.

Sec. 3. Section 3-3306, Arizona Revised Statutes, is amended to read:

START_STATUTE3-3306. Application process

A. The department shall establish a procedure for submitting applications and granting monies each year from the Arizona agricultural protection fund consistent with the requirements and guidelines of this article. Priority shall be given to funding projects for which matching monies or assets of comparable value, including in‑kind donations, will be provided by other sources.

B. The applicant shall submit the application to the commission, with a copy to the department. The commission department shall evaluate the application and submit its recommendations to the department consistent with the requirements of this article. The applicant shall submit the following information as part of the application for funding an agricultural easement proposal:

1. The name names of all owners of title to and interests in the land proposed for the agricultural easement, including:

(a) The holders of any mortgages, deeds of trust and other security interests in the land.

(b) The holders of any other easements on or across the land.

(c) Any lessees, holders of mineral rights or other persons who have an interest in the use, occupancy or access to the land.

2. A legal description of the land.

3. The name of the proposed easement holder.

4. The total cost of the proposed agricultural easement, including:

(a) The amount proposed to be funded by a grant from the Arizona agricultural protection fund.

(b) The amount, source and nature of all other consideration, if applicable, including cash donations, grants, gifts, debt financing, in‑kind donations, exchanges and services.

5. A description of how the proposed agricultural easement meets the purposes listed in section 3‑3302 and which of those criteria the proposed easement addresses.

6. Any other information that the commission or the department considers necessary to adequately evaluate the application.

C. In addition to the information prescribed by subsection B of this section, the applicant shall also submit:

1. A copy of the document creating the proposed easement.

2. If the proposed easement holder is a private nonprofit organization:

(a) Notification that this state holds the second position on the easement agreement. For the purposes of this subdivision, holding the second position on an agricultural easement authorizes this state to enforce the easement provisions if the qualified easement holder fails to do so.

(b) A statement of the specific duties of the easement holder to this state.

D. The commission department shall:

1. Provide for public involvement regarding the applications submitted to the commission.

2. Notify any person who requests notice of applications submitted pursuant to this section.

3. Provide a reasonable opportunity for comment on the applications for a period of at least forty‑five days.

4. Consider all written and oral comments received.

5. Submit its recommendations to the director with supporting findings and analyses.

E. The director shall develop a mediation program to resolve disputes between landowners and the holder of any of the agricultural easements acquired under this chapter.END_STATUTE

Sec. 4. Section 3-3307, Arizona Revised Statutes, is amended to read:

START_STATUTE3-3307. Criteria for awarding grants

The director shall adopt guidelines that establish the criteria and policies for granting monies for acquiring agricultural easements established pursuant to this chapter. With respect to each application, the commission department must consider each, but the proposal is not required to meet all, of the following:

1. Important natural, cultural or public values found on the farm lands or ranch lands.

2. The possibility of conversion of the property from traditional agricultural use.

3. Positive impacts on long‑term agricultural productivity and perpetuation.

4. Landscape and watershed integrity to conserve water quality and natural resources.

5. Habitats for native species, including habitats for important, rare or sensitive species.

6. Potential for leveraging state monies allocated to the program with additional public or private monies.

7. Provisions for compensating landowners who agree to allow public access on the agricultural easement, but an agreement to allow public access is not a requirement for an agricultural easement and does not afford higher funding priority. END_STATUTE

Sec. 5. Section 3-3308, Arizona Revised Statutes, is amended to read:

START_STATUTE3-3308. Terms of agricultural easement

A. The director shall ensure that the agricultural easement prohibits activities that are inconsistent with the preservation of open space and the local production of food and fiber. The director shall monitor agricultural easements established pursuant to this chapter based on recommendations received from the commission.

B. The easement holder and the landowner may negotiate and include the following considerations in the agricultural easement:

1. Lump sum or annual cash payments.

2. A perpetual or renewable term easement.

3. Long‑term contract security provisions.

4. Retention of limited residential development rights by the landowner that must be consistent with the specific conditions of the agricultural easement agreement and with the purposes prescribed by this article. The retained limited residential development rights shall not exceed ten per cent of the land subject to the easement. END_STATUTE

Sec. 6. Repeal

Section 12-1001, Arizona Revised Statutes, is repealed.

Sec. 7. Section 15-1808, Arizona Revised Statutes, is amended to read:

START_STATUTE15-1808. Tuition waiver of child or spouse of peace officer, correctional officer, fire fighter, emergency paramedic, national guard member or member of the United States armed forces killed in the line of duty; disabled national guard member; definitions

A. The board of regents, after verification by the Arizona peace officers memorial board appropriate local board of the public safety personnel retirement system, by the Arizona fire fighters and emergency paramedics memorial board, by the adjutant general of the national guard or by the Arizona department of veterans' services that a person is a child or a spouse of a peace officer, correctional officer, fire fighter, emergency paramedic, national guard member or member of the United States armed forces who was a resident of the state of Arizona or stationed in Arizona and who was killed in the line of duty or who died from injuries suffered in the line of duty while traveling to or from duty, shall provide the person who qualifies under subsection B of this section and who otherwise meets the qualifications for admission with a tuition waiver scholarship at any university under the jurisdiction of the board. A district as defined in section 15‑1401, after verification by the Arizona peace officers memorial board appropriate local board of the public safety personnel retirement system, by the Arizona fire fighters and emergency paramedics memorial board, by the adjutant general of the national guard or by the Arizona department of veterans' services that a person is the child or the spouse of a peace officer, correctional officer, fire fighter, emergency paramedic, national guard member or member of the United States armed forces who was a resident of Arizona or stationed in Arizona and who was killed in the line of duty or who died from injuries suffered in the line of duty while traveling to or from duty, shall provide the person who qualifies under subsection B of this section and who otherwise meets the qualifications for admission with a tuition waiver scholarship at any community college under the jurisdiction of the board district.

B. The tuition waiver scholarships shall be limited to children who are thirty years of age or younger or a spouse who has not remarried and shall be limited for a spouse or for any one child to no more than sixty‑four credit hours at Arizona community colleges and a total number of credits including any transfer credits from an Arizona community college equal to the number of credits required for a baccalaureate degree at Arizona universities for that student's initially declared course of study.

C. A member of the Arizona national guard who received a purple heart citation on or after September 11, 2001 or a former member of the Arizona national guard who was medically discharged from the Arizona national guard due to an injury or disability suffered during status under title 10, United States Code, in weekend training status, in annual training status or in response to a state of emergency declared by the governor is eligible for a tuition waiver scholarship provided for in this section.

D. For the purposes of this section:

1. "Correctional officer" means a person, other than an elected official, who is employed by this state or a county, city or town and who is responsible for the supervision, protection, care, custody or control of inmates in a state, county or municipal correctional institution, including counselors but excluding secretarial, clerical and professionally trained personnel.

2. "Emergency paramedic" means a person who has been trained in an emergency paramedic training program certified by the director of the department of health services or in an equivalent training program and who is certified by the director of the department of health services to render services pursuant to section 36‑2205.

3. "Fire fighter" means a professional fire fighter who is a member of a state, federal, tribal, city, county, district or private fire department.

4. "Peace officers" means sheriffs of counties, constables, marshals, police officers of cities and towns, commissioned personnel of the department of public safety and police officers appointed by community college district governing boards or the Arizona board of regents who have received a certificate from the Arizona peace officer standards and training board, and other state, federal, tribal, city or county officers vested by law with a duty to maintain public order and make arrests. END_STATUTE

Sec. 8. Section 28-7671, Arizona Revised Statutes, is amended to read:

START_STATUTE28-7671. Definitions

In this article, unless the context otherwise requires:

1. "Advisory committee" means the highway expansion and extension loan program advisory committee established by section 28‑7672.

2. 1. "Eligible highway project" means a highway project that is both:

(a) On the federal aid system, national highway system or state route or state highway system.

(b) Included in either:

(i) The department's state highway construction plan.

(ii) The transportation improvement plan of a regional association of governments.

3. 2. "Eligible transit capital project" means land, buildings or motor vehicles or a combination of land, buildings and motor vehicles that is included in the transportation improvement plan of a regional association of governments and that is part of the federal transit administration's rural public transportation program for entities that are eligible pursuant to section 28‑7676 and that have populations of less than fifty thousand persons.

4. 3. "Federal SIB act" means section 350 of the national highway system designation act of 1995 (P.L. 104‑59; 109 Stat. 618), any regulations adopted pursuant to that section and any other provisions of federal law providing for state infrastructure banks, infrastructure credit programs and other grant programs for highway purposes and any regulations adopted pursuant to those laws.

5. 4. "Fund" means the highway expansion and extension loan program fund established by section 28‑7674.

6. 5. "Indian tribe" means any Indian tribe, band, group or community that is recognized by the United States secretary of the interior and that exercises governmental authority within the limits of any Indian reservation under the jurisdiction of the United States government, notwithstanding the issuance of any patent and including rights‑of‑way running through the reservation.

7 6. "Loan repayment agreement" means one or more loan agreements, instruments or other agreements providing for repayment of a loan or other financial assistance and entered into by this state or its agencies, including the department, or a political subdivision or Indian tribe.

8. 7. "Political subdivision" means a county, city, town or special taxing district authorized by law to construct an eligible project.

9. 8. "SIB cooperative agreement" means a cooperative agreement or agreements entered into by the Arizona department of transportation with the United States department of transportation pursuant to this article and the federal SIB act.END_STATUTE

Sec. 9. Repeal

Section 28-7672, Arizona Revised Statutes, is repealed.

Sec. 10. Section 28-7676, Arizona Revised Statutes, is amended to read:

START_STATUTE28-7676. Eligible project loans and other financial assistance

A. A political subdivision or this state or its agencies, including the department, may apply to the transportation board for any loan or other financial assistance from the fund to support an eligible project.

B. An Indian tribe may apply to the board for any loan or other financial assistance from the fund to support an eligible project that the board determines provides substantial public benefits.

C. Through December 31, 2004, of the total amount of monies and other assets in the fund, the board shall provide loans and other financial assistance for use as follows:

1. Fifty per cent in counties with a population of one million two hundred thousand or more persons according to the most recent United States decennial census.

2. Twenty‑five per cent in counties with a population of five hundred thousand or more but less than one million two hundred thousand persons according to the most recent United States decennial census.

3. Twenty‑five per cent in counties with a population of less than five hundred thousand persons according to the most recent United States decennial census.

D. The percentages prescribed in subsection C of this section apply over the prescribed time period and are not yearly allocations but do not apply to loans made by the board before August 6, 1999.

E. In compliance with any applicable federal requirements, the board shall:

1. Approve, disapprove or modify the a simplified application form and guidelines developed by the advisory committee.

2. Prescribe a simplified procedure to apply for and approve financial assistance.

3. Consider at least the following in selecting which eligible projects shall receive financial assistance:

(a) Economic benefits.

(b) Mobility.

(d) Safety.

(e) How quickly the applicant proposes to repay the loan.

(f) The ability of the applicant to repay a loan according to the terms and conditions established by this section.

(g) The availability of assistance for projects located in smaller cities and towns and rural areas.

4. Give a preference of up to twenty per cent to eligible projects that include local, federal or private financial participation in accelerating the project. This preference shall be commensurate with the level of local, federal or private financial participation. The greater the percentage of local, federal or private financial participation is to the total cost of the project, the greater the preference that shall be given to the project.

F. The board may take any of the actions prescribed in subsection E of this section by resolution.

G. The board may impose conditions the board deems necessary to ensure that financial assistance under this article is used according to law and to comply with the applicable requirements of the federal SIB act and SIB cooperative agreements.

H. A loan under this section shall:

1. Bear interest at or below the market interest rate or rates, as determined by the board, to make the project that is the subject of the loan feasible. The interest rate for any loan shall be uniform with interest rates for comparable loans.

2. If the source of the loan is monies designated pursuant to a SIB cooperative agreement, be repaid not longer than ten years after the date the highway project is open to traffic.

3. If the source of the loan is monies other than those monies designated pursuant to a SIB cooperative agreement, be repaid not longer than five years after the date the highway project is open to traffic.

4. Be conditioned on the identification of a revenue source for repaying the loan.

5. Not be made for the nonfederal share of any project that has received a grant under title 23, United States Code.

6. If made to an Indian tribe, be conditioned on the establishment of a dedicated source under the control of a tribally chartered corporation or another tribal entity that is subject to suit by the attorney general to enforce the loan repayment agreement or be secured by assets that, in the event of default of the loan repayment agreement, are subject to execution by the attorney general without the waiver of any claim of sovereign immunity by the tribe.

I. The approval of a loan is conditioned on a written commitment by the political subdivision, the Indian tribe or this state or its agencies to complete all applicable reviews and approvals and to secure all required permits in a timely manner.

J. On the request of the board, the attorney general shall take whatever actions are necessary to enforce a loan repayment agreement and achieve repayment of loans provided by the board pursuant to this article.

K. The state treasurer, to the extent not otherwise expressly prohibited by law, may withhold from a defaulting city, town or county the next succeeding distribution of monies pursuant to chapter 18, article 2 of this title and section 42‑6107 otherwise distributable to it, to the extent necessary to meet the certified amount of the deficiency, and shall deposit in the appropriate subaccount in the fund the amount so withheld, except that the state treasurer shall not withhold from the distribution any amount that is necessary, as certified in writing by the defaulting city, town or county to the state treasurer and the director, to make any required deposits then due for payment of principal and interest on bonds issued by a city or town pursuant to title 48, chapter 4, article 5 or by a county pursuant to title 11, chapter 2, article 12. Amounts so certified shall be distributed to the city, town or county. The withholding and deposit in the appropriate subaccount in the fund by the state treasurer shall continue until the director certifies to the state treasurer that the default has been cured.

L. The recipient of any loan retains sole responsibility to ensure that any related eligible project is in compliance with any applicable federal, state or local environmental or other laws, rules or regulations. The board does not assume any responsibility for compliance by the awarding of financial assistance or other actions under this article. The awarding of financial assistance or any other actions by the board under this article do not constitute actions that subject the board to compliance with state or local environmental or other laws.

M. This article does not authorize a political subdivision to issue any bonds or incur any debt except in compliance with applicable law.

N. In order to repay any loan or other financial assistance from the fund, this state or its agencies, including the department, and a political subdivision may enter into a loan repayment agreement with the board.

O. A loan repayment agreement may be payable by a political subdivision, this state or its agencies or an Indian tribe from any revenues otherwise authorized by law to be used or pledged for street and highway purposes and may be secured by any other revenues authorized by law to be pledged to repay long‑term obligations. Notwithstanding chapters 17 and 18 of this title, a loan repayment agreement may be payable from monies in a regional area road fund construction account and from revenues distributed pursuant to section 28‑6538, subsection B.

P. Payments made pursuant to a loan repayment agreement are not subject to section 42‑17106.

Q. This section is exempt from title 41, chapter 6.END_STATUTE

Sec. 11. Repeals

The following are repealed:

1. Section 36‑142, Arizona Revised Statutes.

2. Section 36‑573, Arizona Revised Statutes.

3. Title 41, chapter 3, article 10, Arizona Revised Statutes.

4. Section 41‑1291.01, Arizona Revised Statutes.

5. Title 41, chapter 7, article 13, Arizona Revised Statutes.

6. Section 41‑1510, Arizona Revised Statutes.

7. Title 41, chapter 12, article 8.1, Arizona Revised Statutes.

8. Section 41‑2148, Arizona Revised Statutes.

9. Section 41‑3011.12, Arizona Revised Statutes.

Sec. 12. Section 41-3014.17, Arizona Revised Statutes, is amended to read:

START_STATUTE41-3014.17. Department of commerce; termination July 1, 2014

A. The department of commerce, except the solar energy advisory council, terminates on July 1, 2014.

B. Title 41, chapter 10, except section 41‑1510, is repealed on January 1, 2015. END_STATUTE

Sec. 13. Repeals

The following are repealed:

1. Section 41‑3015.01, Arizona Revised Statutes.

2. Section 41‑3015.10, Arizona Revised Statutes.

3. Section 41‑3016.24, Arizona Revised Statutes.

Sec. 14. Section 41-4255, Arizona Revised Statutes, is amended to read:

START_STATUTE41-4255. Report

A. On or before September 1 of each year, the department of homeland security and the department of health services shall submit a homeland security allocation and expenditure report to the governor, the president of the senate, the speaker of the house of representatives, the chairperson of the senate appropriations committee, the chairperson of the house appropriations committee, and the staff and cochairpersons of the joint legislative budget committee and the members of the joint legislative committee on homeland security.

B. The director shall provide a copy of the report to the secretary of state and the director of the Arizona state library, archives and public records. The department may redact sensitive information contained in the report if necessary.

C. The report shall include:

1. Each local and state project that was awarded funding for the current year.

2. Expenditures for each local and state project that was awarded funding for the current year.

3. Expenditures from federal appropriations and grants that were used by the department for administrative and state agency purposes.

4. A narrative description detailing each state project awarded funding, including the goals and objectives of each state project.

5. The progress made on each project since the last report.

6. Project awards and expenditures from prior years beginning with fiscal year 2001-2002.

7. A detailed plan on how homeland security efforts will be continued in the event of decreased federal funding. END_STATUTE

Sec. 15. Repeals

The following are repealed:

1. Section 41‑4257, Arizona Revised Statutes.

2. Title 41, chapter 43, Arizona Revised Statutes.

3. Section 45‑264, Arizona Revised Statutes.

4. Section 49‑456, Arizona Revised Statutes.

5. Laws 1999, chapter 262, section 10, as amended by Laws 2005, chapter 150, section 2.

6. Laws 2007, chapter 234, section 4.

7. Laws 2007, chapter 264, section 19.

8. Laws 2008, chapter 309, section 24.