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REFERENCE TITLE: state of emergency; tolling; permits |
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State of Arizona Senate Fifty-fifth Legislature First Regular Session 2021
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SB 1258 |
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Introduced by Senator Mesnard
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AN ACT
amending title 26, chapter 2, article 1, Arizona Revised Statutes, by adding section 26‑321; relating to emergency management.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 26, chapter 2, article 1, Arizona Revised Statutes, is amended by adding section 26-321, to read:
26-321. State of emergency; tolling; permit, license, approval or other authorization; extension; requirements; exceptions
A. A state of emergency proclamation issued by the governor tolls the period remaining to exercise the rights under any permit, license, approval or other authorization issued by this state or a county, municipality or political subdivision of this state for the duration of the state of emergency proclamation and extends the period remaining to exercise the rights under the permit, license, approval or other authorization before the state of emergency proclamation for an additional twelve months after the tolled period.
B. A permit, license, approval or other authorization that is extended by this section shall be governed by the laws, administrative rules, ordinances and other legal requirements that were in effect when the permit, license, approval or other authorization was issued, unless any party or the issuing authority demonstrates that operating under those laws, administrative rules, ordinances or other legal requirements will create an immediate threat to the public health or safety.
C. Unless otherwise prohibited during the state of emergency, during the tolled and extended period, this state or a county, municipality or political subdivision of this state may not prohibit or impose any penalty or fine for any activity if the activity was allowed under the permit, license, approval or other authorization issued before or during the state of emergency.
D. If a permit, license, approval or other authorization for a phased development or construction project is extended, the commencement dates or completion dates for any required future work, permits, licenses, approvals or other authorizations are extended so that those activities occur in the same time frame relative to the phase as originally permitted, licensed, approved or otherwise authorized.
E. Within ninety days after the state of emergency proclamation is terminated, the holder of the permit, license, approval or other authorization shall notify the issuing authority of the holder's intent to exercise the tolling and extension prescribed by this section. The notice must be in writing and identify the specific permit, license, approval or other authorization qualifying for extension.
F. This section does not apply to:
1. A permit, license, approval or other authorization for activity located outside the area for which the state of emergency applies.
2. A permit, license, approval or other authorization of which the extension is prohibited or otherwise regulated by federal law or requires approval by a federal agency.
3. The holder of a permit, license, approval or other authorization that, before the state of emergency proclamation, is determined by the authorizing agency to be in significant noncompliance with the conditions of the permit, license, approval or other authorization through the issuance of a warning letter or notice of violation, the initiation of formal enforcement or an equivalent action.
4. A permit, license, approval or other authorization that is subject to a court order specifying an expiration date that would be in conflict with an extension prescribed by this section.
5. A transaction privilege tax license issued by this state or a county, municipality or political subdivision of this state.
6. A business license issued by a county, municipality or political subdivision of this state.
G. This section does not restrict this state or a county, municipality or political subdivision of this state from requiring property to be maintained and secured in a safe and sanitary condition in compliance with applicable laws, administrative rules, ordinances or other legal requirements.
Sec. 2. Emergency
This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.