HB2494 - 572R

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

Section 1. Section 11-812, Arizona Revised Statutes, is amended to read:

START_STATUTE11-812. Restriction on regulation; exceptions; aggregate mining regulation; definitions

A. Nothing contained in Any ordinance authorized by this chapter shall may not:

1. Affect existing uses of property or the right to its continued use or the reasonable repair or alteration of the property for the purpose for which used at the time the ordinance affecting the property takes effect.

2. Prevent, restrict or otherwise regulate the use or occupation of land or improvements for railroad, mining, metallurgical, grazing or general agricultural purposes, if the tract concerned is five or more contiguous commercial acres. For the purposes of this paragraph:

(a) "General agricultural purposes" includes agritourism as defined in section 3-111, but does not include any of the following:

(i) Food establishments that are under the authority of the department of health services pursuant to section 36-136, subsection I and that are associated with an agritourism business.

(ii) Rodeo events that are open to the general public and that sell tickets for admission. For the purposes of this item, rodeo events do not include generally accepted agricultural practices associated with livestock and equine operations.

(iii) The cultivation of cannabis as defined in section 13-3401 or marijuana as defined in section 13-3401 or 36-2801.

(b) "Mining" has the same meaning prescribed in section 27-301.

3. Prevent, restrict or otherwise regulate the use or occupation of land or improvements for agricultural composting, if the tract is five or more contiguous commercial acres. An agricultural composting operation shall notify in writing the board of supervisors and the nearest fire department of the location of the composting operation. If the nearest fire department is located in a city, town or fire district where the agricultural composting is not located, the agricultural composting operation shall also notify in writing the fire district in which the operation is located. Agricultural composting is subject to sections 3-112 and 49-141. For the purposes of this paragraph, "agricultural composting" has the same meaning prescribed in section 9-462.01, subsection G.

4. Prevent, restrict or otherwise regulate the otherwise lawful discharge of a firearm or air gun or use of archery equipment on a private lot or parcel of land that is not open to the public on a commercial or membership basis.

5. Prevent, restrict or otherwise regulate the use or occupation of land or improvements for the construction and operation of a thermal or nonthermal electric generating unit if the owner or operator of the electric generating unit has applied for and received a certificate of environmental compatibility for the proposed electric generating unit from the power plant and transmission line siting committee, and the certificate is affirmed and approved by an order of the corporation commission pursuant to title 40, chapter 2, article 6.2. The construction and operation of a thermal or nonthermal electric generating unit pursuant to this paragraph shall comply with all air quality standards prescribed by title 49, chapter 3 and with all decommissioning, site restoration, financial assurance and liability insurance requirements prescribed by title 30.

B. The owner or operator of a proposed nonthermal electric generating unit that is not subject to the requirements of title 40, chapter 2, article 6.2 may voluntarily apply for a certificate of environmental compatibility pursuant to subsection A, paragraph 5 of this section, If the proposed nonthermal electric generating unit will be located in either of the following areas:

1. on private land that is located in a county with a population of more than four hundred thousand persons but less than six hundred thousand persons. If the private land is former state lands as defined in section 37-101, the owner or operator of the proposed nonthermal electric generating unit must have acquired the former state lands at a public auction that was open to all eligible bidders from all industries and commercial land uses and the commissioner of the state land department may not have taken, at any point during the public auction or before the public auction, any action, including imposing any restrictions or qualifications on eligible bidders or imposing any requirements or minimums on appraisals, that had the effect of increasing the probability of a bidder from one industry or commercial land use winning the public auction instead of a bidder from another industry or commercial land use.

2. On state lands as defined in section 37-101 that are located In a groundwater basin from which groundwater may be transported pursuant to title 45, chapter 2, article 8.1.

B. C. A nonconforming business use within a district may expand if the expansion does not exceed one hundred per cent percent of the area of the original business.

C. D. For the purposes of subsection A, paragraph 2 of this section, mining does not include aggregate mining operations in an aggregate mining operations zoning district established pursuant to this section. The board of supervisors of any county with a population of more than two million persons shall designate and establish the boundaries of an aggregate mining operations zoning district on the petition of at least one hundred persons who reside within one-half mile of an existing aggregate mining operation. In addition, the board of supervisors of any county may establish, in its discretion and on the board's initiative, one or more aggregate mining operations zoning districts. Aggregate mining operations zoning districts may only be located in areas that are inventoried and mapped as areas of known reserves or in areas with existing aggregate mining operations. Subject to subsections E and F and G of this section, a county and the state mine inspector may jointly adopt, as internal administrative regulations, reasonable aggregate mining operations zoning district standards limited to permitted uses, procedures for approval of property development plans and site development standards for dust control, height regulations, setbacks, days and hours of operation, off-street parking, screening, noise, vibration and air pollution control, signs, roadway access lanes, arterial highway protection and property reclamation for which aggregate mining operations are not otherwise subject to federal, state or local regulation or a governmental contractual obligation. Regulations that are jointly adopted pursuant to this subsection by the county and the state mine inspector shall not prohibit the activities included in the definition of mine pursuant to section 27-301, paragraph 8 or duplicate, conflict with or be more stringent than applicable federal, state or local laws.

D. E. The board of supervisors of any county that establishes an aggregate mining operations zoning district shall appoint an aggregate mining operations recommendation committee for the district. The committee consists of not more than seven operators, or representatives of operators, of active aggregate mining operations in any district within the county and an equal number of private citizens, who are not operators, who are not employed by operators and who do not represent operators, residing within three miles of the boundaries of aggregate mining operations or a proposed aggregate mining operation in the district for which the committee is established. The initial members appointed to the committee shall be deemed the primary members, and the board of supervisors shall appoint not more than five alternate members who represent operators and shall appoint not more than five alternate members who are private citizens. Alternate members may serve at meetings of the committee when a primary member is unable to attend. An aggregate mining operator may serve on more than one committee in the same county. The board of supervisors shall determine the length of terms of members of the committee and shall stagger the initial appointments so that not all members' terms expire at the same time. Members of the committee who no longer qualify for membership as provided by this subsection are subject to removal and replacement by the board of supervisors. The committee shall elect a member who is an aggregate mining operator to serve as chairperson for the first year in which the committee is created. For each year thereafter, the chairperson shall be elected by the members of the committee with a member who is a private citizen and a member who is an aggregate mining operator serving as chairperson in alternate years. The committee is subject to the open meeting requirements of title 38, chapter 3, article 3.1.

E. F. Within ninety days after an aggregate mining operations recommendation committee is established, the committee shall notify all existing aggregate mining operators in the district of the application of this section and title 27, chapter 3, article 6 to the aggregate mining operation. In addition, the committee shall:

1. By a majority vote of all members make recommendations to the board of supervisors for aggregate mining zoning districts and administrative regulations as provided in this section. The board of supervisors may adopt or reject the recommendations but may not make any modifications to the recommendations unless the modification is approved by a majority of the members of the recommendation committee.

2. Serve as a forum for mediation of disputes between members of the public and aggregate mining owners or operators. If the committee is unable to resolve a dispute, the committee shall transmit the matter to the state mine inspector, with written findings and recommendations, for further action.

3. Hear written complaints filed with the state mine inspector regarding alleged material deviations from approved community notices for aggregate mining operations and make written recommendations to the state mine inspector pursuant to section 27-446.

F. G. Any administrative regulations adopted by a board of supervisors pursuant to this section are not effective until the regulations are approved by the state mine inspector. The state mine inspector may disapprove the administrative regulations adopted by the board of supervisors only if they duplicate, conflict with or are more stringent than applicable federal, state or local laws, rules or regulations. If the state mine inspector disapproves the administrative regulations, the state mine inspector must provide written reasons for the disapproval. The state mine inspector shall not make any modification to the administrative regulations as adopted by the board of supervisors unless the modification is approved by a majority of the members of the board of supervisors.

G. H. A person or entity is subject to this chapter if the use or occupation of land or improvements by the person or entity consists of or includes changing, remanufacturing or treating human sewage or sludge for distribution or resale. These activities are not exempt from this chapter under subsection A, paragraph 2 of this section.

H. I. A county shall not require as a condition for a permit or for any approval, or otherwise cause, an owner or possessor of property to waive the right to continue an existing nonconforming outdoor advertising use or structure without acquiring the use or structure by purchase or condemnation and paying just compensation unless the county, at its option, allows the use or structure to be relocated to a comparable site in the county with the same or a similar zoning classification, or to another site in the county acceptable to both the county and the owner of the use or structure, and the use or structure is relocated to the other site. The county shall pay for relocating the outdoor advertising use or structure, including the cost of removing and constructing the new use or structure that is at least the same size and height. This subsection does not apply to county rezoning of property at the request of the property owner to a more intensive zoning district.

I. J. For the purposes of this section:

1. "Aggregate" has the same meaning prescribed in section 27-441.

2. "Aggregate mining" has the same meaning prescribed in section 27-441.

3. "Aggregate mining operation" means property that is owned, operated or managed by the same person for aggregate mining.

4. "Operators" means persons who are actively engaged in aggregate mining operations within the zoning district or proposed zoning district and who have given notice to the state mine inspector pursuant to section 27-303. END_STATUTE

Sec. 2. Section 40-360.03, Arizona Revised Statutes, is amended to read:

START_STATUTE40-360.03. Application for certificate of environmental compatibility before construction of facilities; electronic format; rules; exception

A. Except as provided in subsection subsections B and c of this section, every utility that plans to construct a plant or transmission line, or both, in this state shall first file with the commission an application for a certificate of environmental compatibility. The application shall be in a form prescribed by the commission and shall be accompanied by information with respect to the proposed type of facilities and description of the site, including the areas of jurisdiction affected and the estimated cost of the proposed facilities and site. The application shall also be accompanied by a receipt that evidences payment of the appropriate fee required by section 40-360.09. The commission shall promptly refer the application and accompanying information to the chairman of the committee for the committee's review and decision. The application and accompanying information may be submitted to the commission in an electronic format. The commission may adopt rules to accept electronic filings under this section and to ensure that proper notice is provided electronically to interested parties.

B. A utility may replace a conductor or wire on a transmission line or may replace an existing transmission line structure or structures with a new transmission line structure or structures without seeking a new certificate of environmental compatibility and without holding a hearing under this article if the replacement is on a transmission line that previously received a certificate of environmental compatibility or that was in use or authorized before August 13, 1971. All replacement conductors or structures shall comply with the terms and conditions of the applicable existing certificate of environmental compatibility. END_STATUTE

C. A utility may replace an existing plant with a replacement plant or construct a new plant immediately adjacent to an existing plant without filing for or receiving a new certificate of environmental compatibility for the new or replacement plant if all of the following conditions are met:

1. The utility provides to the commission thirty days' written notice and holds at least one public comment session in the county where the existing plant is located.

2. The new or replacement plant is located on or immediately adjacent to the site of a plant that has previously received a certificate of environmental compatibility pursuant to this article or that was in use or authorized before August 13, 1971.

3. The aggregate nameplate rating of all plants that will be located on and immediately adjacent to the site after construction will be equal to or greater than the aggregate nameplate rating of all existing plants located on and immediately adjacent to the site before construction.

Sec. 3. Section 48-3609.01, Arizona Revised Statutes, is amended to read:

START_STATUTE48-3609.01. Watercourse master plans; definition

A. If a district organized pursuant to this chapter has completed a watercourse master plan which that includes one or more watercourses, and if the plan has been adopted by the board or by any other jurisdiction in that river or drainage system, the board and the governing body of each jurisdiction may adopt and shall enforce uniform rules for that river or drainage system within the jurisdiction using criteria that meet or exceed criteria adopted by the director of water resources pursuant to section 48-3605, subsection A.

B. During the preparation of a watercourse master plan, record owners of real property in and immediately contiguous to the watercourse or watercourses included in the planning shall be publicly notified by the board or its agents so that the owners may have input to the planning process. In addition, aggregate mining operations recommendation committees organized pursuant to section 11-812, subsection D E, if any, shall be notified.

C. All watercourse master plans shall consider recharge techniques, including gabions, swales, dry wells, sand tanks and small dams.

D. This section does not apply to any city or town which that has adopted a resolution assuming floodplain management and regulation within its area of jurisdiction as provided in section 48-3610 prior to before July 1, 1990.

E. A district that has prepared a watercourse master plan for a river may participate in the planning, establishment and operation of a recreational corridor channelization district established pursuant to chapter 35 of this title.

F. For the purposes of this section, "watercourse master plan" means a hydraulic plan for a watercourse that examines the cumulative impacts of existing development and future encroachment in the floodplain and future development in the watershed on potential flood damages and that establishes technical criteria for subsequent development so as to minimize potential flood damages for all flood events up to and including the one hundred-year flood.END_STATUTE