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REFERENCE TITLE: federal regulations; local coordination |
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State of Arizona Senate Forty-ninth Legislature Second Regular Session 2010
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SB 1398 |
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Introduced by Senators Allen S: Gould, Gray C, Huppenthal, Melvin, Pearce R, Verschoor
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AN ACT
amending title 9, chapter 4, article 8, Arizona Revised Statutes, by adding section 9‑500.29; amending title 11, chapter 2, article 4, Arizona Revised Statutes, by adding section 11‑269.09; amending title 48, chapter 1, Arizona Revised Statutes, by adding article 12; relating to local coordination with the federal government.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 9, chapter 4, article 8, Arizona Revised Statutes, is amended by adding section 9-500.29, to read:
9-500.29. Federal regulations; local coordination; standing; definitions
A. Unless the city or town votes to not demand coordination, if a city or town has laws, regulations, plans or policies that are less restrictive than a federal regulation or regulatory plan or policy, the city or town shall demand by any lawful means that the federal government coordinate with the city or town before the federal government implements, enforces, expands or extends the federal regulation or regulatory plan or policy within the city's or town's jurisdictional boundaries.
B. If the federal government fails to coordinate in good faith with the city or town, the city or town shall hold hearings, consider and vote on whether to authorize litigation to enforce the city's or town's coordination rights.
C. If a person who resides or does business in this state serves each member of the city's or town's governing body with a written demand that the city or town comply with this section and, within sixty days after service of the written demand, the city or town governing body fails to comply with this section in a manner that causes injury to the person, the person may file a special action for relief from the failure to comply with this section. The written demand must specify the city or town law, regulation, plan or policy with which the federal government failed to coordinate.
D. For the purposes of this section:
1. "Coordination" means the legal right and power of a city or town to demand coordination between federal and city or town laws, regulations, plans and policies if the city or town law, regulation, plan or policy would be less restrictive than the federal law, regulation, plan or policy.
2. "Less restrictive" means a city or town law, regulation, plan or policy imposes or would impose less of a burden on the exercise of rights, privileges or immunities enjoyed by individuals, organizations and businesses within the city's or town's jurisdictional boundaries.
Sec. 2. Title 11, chapter 2, article 4, Arizona Revised Statutes, is amended by adding section 11-269.09, to read:
11-269.09. Federal regulations; local coordination; standing; definitions
A. Unless the county votes to not demand coordination, if a county has laws, regulations, plans or policies that are less restrictive than a federal regulation or regulatory plan or policy, the county shall demand by any lawful means that the federal government coordinate with the county before the federal government implements, enforces, expands or extends the federal regulation or regulatory plan or policy within the county's jurisdictional boundaries.
B. If the federal government fails to coordinate in good faith with the county, the county shall hold hearings, consider and vote on whether to authorize litigation to enforce the county's coordination rights.
C. If a person who resides or does business in this state serves each member of the board of supervisors with a written demand that the county comply with this section and, within sixty days after service of the written demand, the board of supervisors fails to comply with this section in a manner that causes injury to the person, the person may file a special action for relief from the failure to comply with this section. The written demand must specify the county law, regulation, plan or policy with which the federal government failed to coordinate.
D. For the purposes of this section:
1. "Coordination" means the legal right and power of a county to demand coordination between federal and county laws, regulations, plans and policies if the county law, regulation, plan or policy would be less restrictive than the federal law, regulation, plan or policy.
2. "Less restrictive" means a county law, regulation, plan or policy imposes or would impose less of a burden on the exercise of rights, privileges or immunities enjoyed by individuals, organizations and businesses within the county's jurisdictional boundaries.
Sec. 3. Title 48, chapter 1, Arizona Revised Statutes, is amended by adding article 12, to read:
ARTICLE 12. LOCAL COORDINATION WITH THE FEDERAL GOVERNMENT
48-281. Federal regulations; local coordination; standing; definitions
A. Unless the district votes to not demand coordination, if a district that is formed under this title and that has laws, regulations, plans or policies that are less restrictive than a federal regulation or regulatory plan or policy, the district shall demand by any lawful means that the federal government coordinate with the district before the federal government implements, enforces, expands or extends the federal regulation or regulatory plan or policy within the district's jurisdictional boundaries.
B. If the federal government fails to coordinate in good faith with the district, the district shall hold hearings, consider and vote on whether to authorize litigation to enforce the district's coordination rights.
C. If a person who resides or does business in this state serves each member of the district's governing body with a written demand that the district comply with this section and, within sixty days after service of the written demand, the district governing body fails to comply with this section in a manner that causes injury to the person, the person may file a special action for relief from the failure to comply with this section. The written demand must specify the district law, regulation, plan or policy with which the federal government failed to coordinate.
D. For the purposes of this section:
1. "Coordination" means the legal right and power of a district to demand coordination between federal and district laws, regulations, plans and policies if the district law, regulation, plan or policy would be less restrictive than the federal law, regulation, plan or policy.
2. "Less restrictive" means a district law, regulation, plan or policy imposes or would impose less of a burden on the exercise of rights, privileges or immunities enjoyed by individuals, organizations and businesses within the district's jurisdictional boundaries.