Assigned to NRIPD                                                                                             FOR CAUCUS & FLOOR ACTION

ARIZONA STATE SENATE

Forty-ninth Legislature, Second Regular Session

AMENDED

FACT SHEET FOR S.B. 1398

federal regulations; local coordination

Purpose

            Requires a city, town, county, or district (local government) to demand through any lawful means that the federal government coordinate with the city, town, county or district before implementing, enforcing, or extending federal regulations.

Background

            Under the Federal Land Policy Management Act (FLPMA), the National Forest Management Act, the National Environmental Policy Act, the Endangered Species Act, the Wild and Scenic River Act, the Clean Air Act, the Clean Water Act, and the Soil and Water Resources Conservation Act the federal agency is required to coordinate land use inventory, planning, and management actions with any local government engaged in land use planning. 

There is no anticipated impact to the state General Fund associated with this legislation.

Provisions

1. Defines coordination as the legal right and power of local government to demand coordination between federal and city or town laws, regulations, plans and policies if the city, town, or county law, regulation, plan or policy would be less restrictive than the federal law, regulation, plan or policy.

2. Defines less restrictive to mean that a law, regulation, plan or policy would impose less of a burden on the exercise of rights, privileges or immunities enjoyed by individuals, organizations and businesses within the local government’s jurisdictional boundaries.

3. Requires a local government to demand by any lawful means that the federal and state governments coordinate on policy with the local government before implementing federal or state regulations within jurisdictional boundaries.

4. Requires the local government to hold a hearing and consider and vote whether to authorize litigation to enforce the local government’s coordination rights.

5. Requires local governments to hold a public hearing to present information on the decision not to demand coordination.

6. Makes technical and conforming changes.

7. Becomes effective on the general effective date.

Amendments Adopted by Committee

· Requires local governments to make efforts to coordinate with the state and removes language regarding special actions. .

Senate Action

NRIPD            2/22/10     DPA     6-0-1-0

Prepared by Senate Research

February 23, 2010

TD/MS/ly