Assigned to COM FOR COMMITTEE

 


 

 

 


ARIZONA STATE SENATE

Fifty-Fifth Legislature, First Regular Session

 

FACT SHEET FOR S.B. 1258

 

state of emergency; tolling; permits

Purpose

An emergency measure that suspends, for the duration of a Governor-issued state of emergency proclamation, the period remaining to exercise the rights under a permit, license, approval or other authorization issued by the state or a county, municipality or political subdivision (government authorization) and extends the remaining period for a year.

Background

The Governor may proclaim a state of emergency, effective immediately, in an area affected or likely to be affected by disaster conditions or extreme peril to the safety of persons or property within Arizona caused by air pollution, fire, flood, storm, epidemic, riot, earthquake or other causes likely to be beyond the control of a single county, city or town (A.R.S. 26-301). During a state of emergency, the Governor has complete authority over all state agencies and the right to exercise all police power vested in the state by the Arizona Constitution and state law. The Governor may direct agencies to utilize state personnel, equipment and facilities to perform all activities designed to prevent or alleviate actual and threatened damage due to the emergency (A.R.S. 26-303).

When designated by the Governor, state agencies, counties, cities and towns may make, amend and rescind orders, rules and regulations necessary for emergency functions that are not inconsistent with the Governor's orders, rules and regulations (A.R.S. 26-307). State emergency plans must be in effect in each political subdivision and each governing body must take action as necessary to carry out the plans, including the development of additional emergency plans in support of state emergency plans (A.R.S. 26-308).

If suspending and extending the periods remaining under government authorizations results in a change in revenues collected from government authorization fees that are otherwise directed to the state General Fund, there may be a fiscal impact to the state General Fund.

Provisions

1.   Suspends, for the duration of a Governor-issued state of emergency proclamation, the period remaining to exercise the rights under a government authorization.

2.   Extends, for one year after the suspended period, the period remaining to exercise the rights under a government authorization.

3.   Requires an extended government authorization to be governed by the laws, administrative rules, ordinances and other legal requirements in effect when the authorization was issued, unless any party or issuing authority demonstrates that operating under the requirements will create an immediate threat to public health or safety.

4.   Extends commencement and completion dates for any required future work or government authorization so that the activities occur in the same time frame relative to the phase as originally authorized, if the government authorization for a development or construction project is extended.

5.   Prohibits a government entity from prohibiting or imposing a penalty or fine for an activity that was allowed under a government authorization before or during the state of emergency, unless otherwise prohibited during the state of emergency.

6.   Requires the holder of a government authorization, within 90 days after the state of emergency proclamation terminates, to notify the issuing authority in writing of:

a)   the holder's intent to exercise the suspension and extension period; and

b)   the specific government authorization qualifying for extension.

7.   Excludes, from the suspension and extension authorizations, a government authorization:

a)   for activity located outside the area for which the state of emergency applies;

b)   for which an extension requires approval by a federal agency or is prohibited or regulated by federal law;

c)   that is a state or local transaction privilege tax license or business license;

d)   that is subject to a court order that specifies an expiration date in conflict with an extension; and

e)   for which the authorizing agency determines the holder to be in significant noncompliance, before the state of emergency proclamation, through a warning letter or notice of violation, the initiation of formal enforcement or an equivalent action.

8.   Specifies that the suspension and extension authorization does not restrict a government entity 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.

9.   Becomes effective on the signature of the Governor, if the emergency clause is enacted.

Prepared by Senate Research

February 1, 2021

LB/MC/kja