ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

House: TRANS DP 7-3-1-1


HB 2712: highway alignments; environmental impact statement

Sponsor:  Representative Hoffman, LD 12

House Engrossed

Overview

Requires the Arizona Department of Transportation (ADOT), for a tier 1 environment impact statement and record of decision on a new state highway in Pinal County, to include an alternative in the tier 2 phase that services the most populous areas with the greatest potential for economic development and represents stakeholder feedback.

History

The primary purpose of an environmental impact statement prepared pursuant to the National Environmental Policy Act is to ensure agencies consider the environmental impacts of their actions in decision making (40 CFR § 1502.1). The discussion of environmental consequences must include: 1) The environmental impacts of the proposed action and reasonable alternatives to the proposed action and the significance of those impacts; 2) Any adverse environmental effects that cannot be avoided should the proposal be implemented; 3) The relationship between short-term uses of man's environment and the maintenance and enhancement of long-term productivity; 4) Any irreversible or irretrievable commitments of resources that would be involved in the proposal should it be implemented; 5) Possible conflicts between the proposed action and the objectives of Federal, regional, State, Tribal and local land use plans, policies and controls for the area concerned; 6) Energy requirements and conservation potential of various alternatives and mitigation measures; 7) Natural or depletable resource requirements and conservation potential of various alternatives and mitigation measures; 8) Urban quality, historic and cultural resources, and the design of the built environment, including the reuse and conservation potential of various alternatives and mitigation measures; 9) Means to mitigate adverse environmental impacts; and 10) Where applicable, economic and technical considerations, including the economic benefits of the proposed action.

Economic or social effects by themselves do not require preparation of an environmental impact statement. However, when the agency determines that economic or social and natural or physical environmental effects are interrelated, the environmental impact statement shall discuss and give appropriate consideration to these effects on the human environment (40 CFR § 1502.16).

Provisions

1.   ☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal NoteRequires ADOT, if issuing a final tier 1 environmental impact statement and record of decision for a new state highway in Pinal County, to include at least one alternative in the tier 2 phase for further study that both:

a)   Services the most populous geographical area with the greatest potential for economic development based on data related to the anticipated opening date of the state highway; and

b)   Represents feedback received from citizens, stakeholders and resolutions that are adopted by impacted local jurisdictions and that are submitted to ADOT as public comments. (Sec. 1)

 

2.   Requires ADOT to reissue the environmental impact statement and record of decision if, after December 31, 2020 and before the effective date of this Act, a final tier 1 environmental impact statement and record of decision is issued that does not comply with the requirements of this Act. (Sec. 1)

3.   Contains a delayed repeal date of January 1, 2023. (Sec. 2)

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7.                     HB 2712

8.   Initials JT  Page 0 House Engrossed

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