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REFERENCE TITLE: rules; data quality |
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State of Arizona Senate Fiftieth Legislature Second Regular Session 2012
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SB 1470 |
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Introduced by Senator Klein; Representative Montenegro: Senators Allen, Griffin, Melvin, Shooter; Representatives Carter, Crandell, Forese, Gowan, Pratt, Proud
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AN ACT
amending sections 9‑461.05, 9‑461.14, 9‑835, 9‑839, 11‑804, 11‑809, 11‑1605, 11‑1609 and 41‑1001.01, Arizona Revised Statutes; amending title 41, chapter 6, article 1, Arizona Revised Statutes, by adding sections 41‑1001.02 and 41‑1002.01; amending sections 41‑1047, 41‑1048, 48‑3645 and 48‑3649, Arizona Revised Statutes; relating to administrative procedures.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 9-461.05, Arizona Revised Statutes, is amended to read:
9-461.05. General plans; authority; scope
A. Each planning agency shall prepare and the governing body of each municipality shall adopt a comprehensive, long‑range general plan for the development of the municipality. The planning agency shall coordinate the production of its general plan with the creation of the state land department conceptual land use plans under title 37, chapter 2, article 5.1 and shall cooperate with the state land department regarding integrating the conceptual state land use plans into the municipality's general land use plan. The general plan shall include provisions that identify changes or modifications to the plan that constitute amendments and major amendments. The plan shall be adopted and readopted in the manner prescribed by section 9‑461.06.
B. The general plan shall be so prepared that all or individual elements of it may be adopted by the governing body and that it may be made applicable to all or part of the territory of the municipality.
C. The general plan shall consist of a statement of community goals and development policies. It shall include maps, any necessary diagrams and text setting forth objectives, principles, standards and plan proposals. The plan shall include the following elements:
1. A land use element that:
(a) Designates the proposed general distribution and location and extent of such uses of the land for housing, business, industry, agriculture, recreation, education, public buildings and grounds, open space and other categories of public and private uses of land as may be appropriate to the municipality.
(b) Includes a statement of the standards of population density and building intensity recommended for the various land use categories covered by the plan.
(c) Identifies specific programs and policies that the municipality may use to promote infill or compact form development activity and locations where those development patterns should be encouraged.
(d) Includes consideration of air quality and access to incident solar energy for all general categories of land use.
(e) Includes policies that address maintaining a broad variety of land uses, including the range of uses existing in the municipality when the plan is adopted, readopted or amended.
(f) For cities and towns with territory in the vicinity of a military airport or ancillary military facility as defined in section 28‑8461, includes consideration of military airport or ancillary military facility operations. On or before December 31, 2005, if a city or town includes land in a high noise or accident potential zone as defined in section 28‑8461, the city or town shall identify the boundaries of the high noise or accident potential zone in its general plan for purposes of planning land uses in the high noise or accident potential zone that are compatible with the operation of the military airport or ancillary military facility pursuant to section 28‑8481, subsection J.
(g) Includes sources of currently identified aggregates from data and maps that are available from state agencies, policies to preserve currently identified aggregates sufficient for future development and policies to avoid incompatible land uses, except that this subdivision shall not be construed to affect any permitted underground storage facility or limit any person's right to obtain a permit for an underground storage facility pursuant to title 45, chapter 3.1.
2. A circulation element consisting of the general location and extent of existing and proposed freeways, arterial and collector streets, bicycle routes and any other modes of transportation as may be appropriate, all correlated with the land use element of the plan.
D. For cities and towns having a population of more than two thousand five hundred persons but less than ten thousand persons and whose population growth rate exceeded an average of two per cent per year for the ten year period before the most recent United States decennial census and for cities and towns having a population of ten thousand or more persons according to the most recent United States decennial census, the general plan shall include, and for other cities and towns the general plan may include:
1. An open space element that includes:
(a) A comprehensive inventory of open space areas, recreational resources and designations of access points to open space areas and resources.
(b) An analysis of forecasted needs, policies for managing and protecting open space areas and resources and implementation strategies to acquire additional open space areas and further establish recreational resources.
(c) Policies and implementation strategies designed to promote a regional system of integrated open space and recreational resources and a consideration of any existing regional open space plans.
2. A growth area element, specifically identifying those areas, if any, that are particularly suitable for planned multimodal transportation and infrastructure expansion and improvements designed to support a planned concentration of a variety of uses, such as residential, office, commercial, tourism and industrial uses. This element shall include policies and implementation strategies that are designed to:
(a) Make automobile, transit and other multimodal circulation more efficient, make infrastructure expansion more economical and provide for a rational pattern of land development.
(b) Conserve significant natural resources and open space areas in the growth area and coordinate their location to similar areas outside the growth area's boundaries.
(c) Promote the public and private construction of timely and financially sound infrastructure expansion through the use of infrastructure funding and financing planning that is coordinated with development activity.
3. An environmental planning element that contains analyses, policies and strategies to address anticipated effects, if any, of plan elements on air quality, water quality and natural resources associated with proposed development under the general plan. The policies and strategies to be developed under this element shall be designed to have community‑wide applicability and shall not require the production of an additional environmental impact statement or similar analysis beyond the requirements of state and federal law.
4. A cost of development element that identifies policies and strategies that the municipality will use to require development to pay its fair share toward the cost of additional public service needs generated by new development, with appropriate exceptions when in the public interest. This element shall include:
(a) A component that identifies various mechanisms that are allowed by law and that can be used to fund and finance additional public services necessary to serve the development, including bonding, special taxing districts, development fees, in lieu fees, facility construction, dedications and service privatization.
(b) A component that identifies policies to ensure that any mechanisms that are adopted by the municipality under this element result in a beneficial use to the development, bear a reasonable relationship to the burden imposed on the municipality to provide additional necessary public services to the development and otherwise are imposed according to law.
5. A water resources element that addresses:
(a) The known legally and physically available surface water, groundwater and effluent supplies.
(b) The demand for water that will result from future growth projected in the general plan, added to existing uses.
(c) An analysis of how the demand for water that will result from future growth projected in the general plan will be served by the water supplies identified in subdivision (a) of this paragraph or a plan to obtain additional necessary water supplies.
E. The general plan shall include for cities of fifty thousand persons or more and may include for cities of less than fifty thousand persons the following elements or any part or phase of the following elements:
1. A conservation element for the conservation, development and utilization of natural resources, including forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals and other natural resources. The conservation element may also cover:
(a) The reclamation of land.
(b) Flood control.
(c) Prevention and control of the pollution of streams and other waters.
(d) Regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan.
(e) Prevention, control and correction of the erosion of soils, beaches and shores.
(f) Protection of watersheds.
2. A recreation element showing a comprehensive system of areas and public sites for recreation, including the following and, if practicable, their locations and proposed development:
(a) Natural reservations.
(b) Parks.
(c) Parkways and scenic drives.
(d) Beaches.
(e) Playgrounds and playfields.
(f) Open space.
(g) Bicycle routes.
(h) Other recreation areas.
3. The circulation element provided for in subsection C, paragraph 2 of this section shall also include for cities of fifty thousand persons or more and may include for cities of less than fifty thousand persons recommendations concerning parking facilities, building setback requirements and the delineations of such systems on the land, a system of street naming and house and building numbering and other matters as may be related to the improvement of circulation of traffic. The circulation element may also include:
(a) A transportation element showing a comprehensive transportation system, including locations of rights‑of‑way, terminals, viaducts and grade separations. This element of the plan may also include port, harbor, aviation and related facilities.
(b) A transit element showing a proposed system of rail or transit lines or other mode of transportation as may be appropriate.
4. A public services and facilities element showing general plans for police, fire, emergency services, sewage, refuse disposal, drainage, local utilities, rights‑of‑way, easements and facilities for them.
5. A public buildings element showing locations of civic and community centers, public schools, libraries, police and fire stations and other public buildings.
6. A housing element consisting of standards and programs for the elimination of substandard dwelling conditions, for the improvement of housing quality, variety and affordability and for provision of adequate sites for housing. This element shall contain an identification and analysis of existing and forecasted housing needs. This element shall be designed to make equal provision for the housing needs of all segments of the community regardless of race, color, creed or economic level.
7. A conservation, rehabilitation and redevelopment element consisting of plans and programs for:
(a) The elimination of slums and blighted areas.
(b) Community redevelopment, including housing sites, business and industrial sites and public building sites.
(c) Other purposes authorized by law.
8. A safety element for the protection of the community from natural and artificial hazards, including features necessary for such protection as evacuation routes, peak load water supply requirements, minimum road widths according to function, clearances around structures and geologic hazard mapping in areas of known geologic hazards.
9. A bicycling element consisting of proposed bicycle facilities such as bicycle routes, bicycle parking areas and designated bicycle street crossing areas.
10. An energy element that includes:
(a) A component that identifies policies that encourage and provide incentives for efficient use of energy.
(b) An assessment that identifies policies and practices that provide for greater uses of renewable energy sources.
11. A neighborhood preservation and revitalization element, including:
(a) A component that identifies city programs that promote home ownership, that provide assistance for improving the appearance of neighborhoods and that promote maintenance of both commercial and residential buildings in neighborhoods.
(b) A component that identifies city programs that provide for the safety and security of neighborhoods.
F. The water resources element of the general plan does not require:
1. New independent hydrogeologic studies.
2. The city or town to be a water service provider.
G. The land use element of a general plan of a city with a population of more than one million persons shall include protections from encroaching development for any shooting range that is owned by this state and that is located within or adjacent to the exterior municipal boundaries on or before January 1, 2004. The general plan shall establish land use categories within at least one‑half mile from the exterior boundaries of the shooting range that are consistent with the continued existence of the shooting range and that exclude incompatible uses such as residences, schools, hotels, motels, hospitals or churches except that land zoned to permit these incompatible uses on August 25, 2004 are exempt from this exclusion. For the purposes of this subsection, "shooting range" means a permanently located and improved area that is designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder or any other similar sport shooting in an outdoor environment. Shooting range does not include:
1. Any area for the exclusive use of archery or air guns.
2. An enclosed indoor facility that is designed to offer a totally controlled shooting environment and that includes impenetrable walls, floor and ceiling, adequate ventilation, lighting systems and acoustical treatment for sound attenuation suitable for the range's approved use.
3. A national guard facility located in a city or town with a population of more than one million persons.
4. A facility that was not owned by this state before January 1, 2002.
H. The policies and strategies to be developed under these elements shall be designed to have community‑wide applicability and this section does not authorize the imposition of dedications, exactions, fees or other requirements that are not otherwise authorized by law.
Sec. 2. Section 9-461.14, Arizona Revised Statutes, is amended to read:
9-461.14. Public works project planning; utility input; definitions
A. A city or town in the design phase of a public works project shall provide notice and opportunity for comment to all utilities the city or town believes may be impacted by the public works project for the purposes of:
1. Eliminating or minimizing the need for relocation of aerial, surface and underground facilities of the impacted utilities and, if relocation is unavoidable, minimizing the relocation costs to the extent practicable relative to the cost of the public works project.
2. Minimizing subsequent reconstruction or modification of utility facilities after completion of the public works project.
B. In addition to the requirements of subsection a of this section, for any public works project of at least one-half mile that is funded, initiated or managed by a city or town, the city or town shall provide first notice of the planned project to all utilities providing services in that city or town at least twelve months before the design phase of the project begins.
B. C. For the purposes of this section:
1. "Public works project" has the same meaning prescribed in section 12‑1141.
2. "Utility" has the same meaning prescribed in section 48‑5107.
Sec. 3. Section 9-835, Arizona Revised Statutes, is amended to read:
9-835. Licensing time frames; compliance; consequence for failure to comply with time frame; exception
A. For any new ordinance or code requiring a license, a municipality shall have in place an overall time frame during which the municipality will either grant or deny each type of license that it issues. The overall time frame for each type of license shall state separately the administrative completeness review time frame and the substantive review time frame.
B. On or before December 31, 2012, a municipality that issues licenses required under existing ordinances or codes shall have in place an overall time frame during which the municipality will either grant or deny each type of license that it issues. The overall time frame for each type of license shall state separately the administrative completeness review time frame and the substantive review time frame. Municipalities shall prioritize the establishment of time frames for those licenses that have the greatest impact on the public.
C. In establishing time frames, municipalities shall consider all of the following:
1. The complexity of the licensing subject matter.
2. The resources of the municipality.
3. The economic impact of delay on the regulated community.
4. The impact of the licensing decision on public health and safety.
5. The possible use of volunteers with expertise in the subject matter area.
6. The possible increased use of general licenses for similar types of licensed businesses or facilities.
7. The possible increased cooperation between the municipality and the regulated community.
8. Increased municipal flexibility in structuring the licensing process and personnel including:
(a) Adult businesses and other licenses that are related to the first amendment.
(b) Master planned communities.
(c) Suspension of the substantive and overall time frames for purposes including public hearings or state or federal licenses.
9. That the substantive review and overall time frames do not include the time required by the applicant to obtain other nonmunicipal licenses or to participate in meetings as required by law.
D. A municipality shall issue a written or electronic notice of administrative completeness or deficiencies to an applicant for a license within the administrative completeness review time frame. If the permit sought requires approval of more than one department of the municipality, each department may issue a written or electronic notice of administrative completeness or deficiencies.
E. If a municipality determines that an application for a license is not administratively complete, the municipality shall include a comprehensive list of the specific deficiencies in the written or electronic notice provided pursuant to subsection D. If the municipality issues a written or electronic notice of deficiencies within the administrative completeness time frame, the administrative completeness review time frame and the overall time frame are suspended from the date the notice is issued until the date that the municipality receives the missing information from the applicant. The municipality may issue an additional written or electronic notice of administrative completeness or deficiencies based on the applicant's submission of missing information. If the permit sought requires approval of more than one department of the municipality, each department may issue an additional written or electronic notice of administrative completeness or deficiencies based on the applicant's submission of missing information.
F. If a municipality does not issue a written or electronic notice of administrative completeness or deficiencies within the administrative completeness review time frame, the application is deemed administratively complete. If a municipality issues a timely written or electronic notice of deficiencies, an application shall not be complete until all requested information has been received by the municipality.
G. During the substantive review time frame, a municipality may make one comprehensive written or electronic request for additional information. If the permit sought requires approval of more than one department of the municipality, each department may issue a written or electronic request for additional information. The municipality and applicant may mutually agree in writing or electronically to allow the municipality to submit supplemental requests for additional information. If a municipality issues a comprehensive written or electronic request or a supplemental request by mutual written or electronic agreement for additional information, the substantive review time frame and the overall time frame are suspended from the date the request is issued until the date that the municipality receives the additional information from the applicant.
H. By mutual written or electronic agreement, a municipality and an applicant for a license may extend the substantive review time frame and the overall time frame. An extension of the substantive review time frame and the overall time frame may not exceed twenty-five per cent of the overall time frame.
I. Unless a municipality and an applicant for a license mutually agree to extend the substantive review time frame and the overall time frame pursuant to subsection H, a municipality shall issue a written or electronic notice granting or denying a license to an applicant. If a municipality denies an application for a license, the municipality shall include in the written or electronic notice at least the following information:
1. Justification for the denial with references to the statutes, ordinances, codes or substantive policy statements on which the denial is based.
2. An explanation of the applicant's right to appeal the denial. The explanation shall include the number of working days in which the applicant must file a protest challenging the denial and the name and telephone number of a municipal contact person who can answer questions regarding the appeals process.
J. If a municipality does not issue the applicant the written or electronic notice granting or denying a license within the overall time frame or within the mutually agreed upon time frame extension, the municipality shall refund to the applicant all fees charged for reviewing and acting on the application for the license and shall excuse payment of any fees that have not yet been paid. The municipality shall not require an applicant to submit an application for a refund pursuant to this subsection. The refund shall be made within thirty working days after the expiration of the overall time frame or the time frame extension. The municipality shall continue to process the application. Notwithstanding any other statute, the municipality shall make the refund from the fund in which the application fees were originally deposited.
K. This section does not apply to licenses a license that is issued within seven working days after receipt of the initial application or a permit that expire expires within twenty‑one working days after issuance.
Sec. 4. Section 9-839, Arizona Revised Statutes, is amended to read:
9-839. Clarification of interpretation
A. A regulated person may request a municipality to clarify its interpretation or application of a statute, ordinance, code, rule or authorized substantive policy statement affecting the procurement of a license by providing the municipality with a written request that states:
1. The name and address of the regulated person requesting the clarification.
2. The statute, ordinance, code, rule or authorized substantive policy statement or part of the statute, ordinance, code, rule or authorized substantive policy statement that requires clarification.
3. Any facts relevant to the requested ruling.
4. The regulated person's proposed interpretation of the applicable statute, ordinance, code, rule or authorized substantive policy statement or part of the statute, ordinance, code, rule or authorized substantive policy statement that requires clarification.
5. Whether, to the best knowledge of the regulated person, the issues or related issues are being considered by the municipality in connection with an existing license or license application.
B. On receipt of a request that complies with subsection A, the municipality may meet with the regulated person to discuss the written request and shall respond within thirty days of the receipt of the written request with a written explanation of its interpretation or application as raised in the written request. The municipality shall provide the requestor regulated person with an opportunity to meet and discuss the municipality's written explanation.
C. The municipality may modify a written explanation provided under subsection B on written notice to the regulated person if required by a change in the law that was applicable at the time the clarification or of interpretation was issued, including changes caused by legislation, administrative rules formally adopted by the governing body or a court decision.
Sec. 5. Section 11-804, Arizona Revised Statutes, is amended to read:
11‑804. Comprehensive plan; contents
A. The commission shall formulate and the board of supervisors shall adopt or readopt a long-term comprehensive plan for the development of the area of jurisdiction in the manner prescribed by this article. The comprehensive plan, with the accompanying maps, plats, charts and descriptive matter, shall show the commission's recommendations for the development of the area of jurisdiction. The comprehensive plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the area of jurisdiction pursuant to the present and future needs of the county. The comprehensive plan shall be developed so as to conserve the natural resources of the county, to ensure efficient expenditure of public monies and to promote the health, safety, convenience and general welfare of the public. The comprehensive plan may include studies and recommendations relative to the location, character and extent of highways, railroads, bus and other transportation routes, bicycle facilities, bridges, public buildings, public services, schools, parks, open space, housing quality, variety and affordability, parkways, hiking and riding trails, airports, forests, wildlife areas, dams, projects affecting conservation of natural resources, air quality, water quality and floodplain zoning. In the preparation of the comprehensive plan, the commission shall make surveys and studies of the present conditions and prospective future growth of the area of the jurisdiction. The comprehensive plan shall be a public record, but its purpose and effect shall be primarily as an aid to the county planning and zoning commission and to the board of supervisors in the performance of their duties. The comprehensive plan shall include provisions that identify changes or modifications that constitute amendments and major amendments to the plan.
B. In addition to the other matters that are required or authorized under this section and this article, for counties with a population of more than one hundred twenty-five thousand persons, the comprehensive plan shall include, and for other counties the comprehensive plan may include:
1. Planning for land use that designates the proposed general distribution and location and extent of uses of the land for housing, business, industry, agriculture, recreation, education, public buildings and grounds, open space and other categories of public and private uses of land appropriate to the county. The land use plan shall include:
(a) A statement of the standards of population density and building intensity recommended for the various land use categories covered by the plan.
(b) Specific programs and policies that the county may use to promote compact form development activity and locations where those development patterns should be encouraged.
(c) Consideration of air quality and access to incident solar energy for all general categories of land use.
(d) Policies that address maintaining a broad variety of land uses, including the range of uses existing in the county at the time the plan is adopted, readopted or amended.
(e) Currently identified sources of aggregates from data and maps that are available from state agencies, policies to preserve currently identified aggregates sufficient for future development and policies to avoid incompatible land uses, except that this subdivision shall not be construed to affect any permitted underground storage facility or limit any person's right to obtain a permit for an underground storage facility pursuant to title 45, chapter 3.1.
2. Planning for circulation consisting of the general location and extent of existing and proposed freeways, arterial and collector streets, bicycle routes and any other modes of transportation as may be appropriate, all correlated with the land use plan under paragraph 1 of this subsection.
3. Planning for water resources that addresses:
(a) The known legally and physically available surface water, groundwater and effluent supplies.
(b) The demand for water that will result from future growth projected in the comprehensive plan, added to existing uses.
(c) An analysis of how the demand for water that will result from future growth projected in the comprehensive plan will be served by the water supplies identified in subdivision (a) of this paragraph or a plan to obtain additional necessary water supplies.
4. Planning for energy use that:
(a) Encourages and provides incentives for efficient use of energy.
(b) Identifies policies and practices for greater use of renewable energy.
C. In addition to the other matters that are required or authorized under this section and this article, for counties with a population of more than two hundred thousand persons, the comprehensive plan shall include, and for other counties the comprehensive plan may include:
1. Planning for open space acquisition and preservation. The open space plan shall include:
(a) A comprehensive inventory of open space areas, recreational resources and designations of access points to open space areas and resources.
(b) An analysis of forecasted needs, policies for managing and protecting open space areas and resources and implementation strategies to acquire additional open space areas and further establish recreational resources.
(c) Policies and implementation strategies designed to promote a regional system of integrated open space and recreational resources and a consideration of any existing regional open space plan.
2. Planning for growth areas, specifically identifying those areas, if any, that are particularly suitable for planned multimodal transportation and infrastructure expansion and improvements designed to support a planned concentration of a variety of uses, such as residential, office, commercial, tourism and industrial uses. The mixed use planning shall include policies and implementation strategies that are designed to:
(a) Make automobile, transit and other multimodal circulation more efficient, make infrastructure expansion more economical and provide for a rational pattern of land development.
(b) Conserve significant natural resources and open areas in the growth area and coordinate their location to similar areas outside the growth area's boundaries.
(c) Promote the public and private construction of timely and financially sound infrastructure expansion through the use of infrastructure funding and financing planning that is coordinated with development activity.
3. An environmental planning element that contains analyses, policies and strategies to address anticipated effects, if any, of plan elements on air quality, water quality and natural resources associated with proposed development under the comprehensive plan. The policies and strategies to be developed under this element shall be designed to have countywide applicability and shall not require the production of an additional environmental impact statement or similar analysis beyond the requirements of state and federal law.
4. A cost of development element that identifies policies and strategies that the county will use to require development to pay its fair share toward the cost of additional public facility needs generated by new development, with appropriate exceptions when in the public interest. This element shall include:
(a) A component that identifies various mechanisms that are allowed by law and that can be used to fund and finance additional public services necessary to serve the development, including bonding, special taxing districts, development fees, in lieu fees and facility construction, dedications and privatization.
(b) A component that identifies policies to ensure that any mechanisms that are adopted by the county under this element result in a beneficial use to the development, bear a reasonable relationship to the burden imposed on the county to provide additional necessary public facilities to the development and otherwise are imposed pursuant to law.
D. The water resources element of the comprehensive plan does not require:
1. New independent hydrogeologic studies.
2. The county to be a water service provider.
E. In applying an open space element or a growth element of a comprehensive plan, a county shall not designate private or state land as open space, recreation, conservation or agriculture unless the county receives the written consent of the landowner or provides an alternative, economically viable designation in the comprehensive plan or zoning ordinance, allowing at least one residential dwelling per acre. If the landowner is the prevailing party in any action brought to enforce this subsection, a court shall award fees and other expenses to the landowner. Each county shall incorporate this subsection into its comprehensive plan and provide a process for a landowner to resolve discrepancies relating to this subsection.
F. The policies and strategies to be developed under these elements shall be designed to have regional applicability.
G. For counties with territory in the vicinity of a military airport or ancillary military facility as defined in section 28‑8461, the commission shall also consider military airport or ancillary military facility operations and, on or before December 31, 2005, shall identify the boundaries of any high noise or accident potential zone as defined in section 28‑8461 in its comprehensive plan for purposes of planning land uses in the high noise or accident potential zone that are compatible with the operation of the military airport or ancillary military facility pursuant to section 28‑8481, subsection J.
Sec. 6. Section 11-809, Arizona Revised Statutes, is amended to read:
11‑809. Public works project planning; utility input; definitions
A. A county in the design phase of a public works project shall provide notice and opportunity for comment to all utilities the county believes may be impacted by the public works project for the purposes of:
1. Eliminating or minimizing the need for relocation of aerial, surface and underground facilities of the impacted utilities and, if relocation is unavoidable, minimizing the relocation costs to the extent practicable relative to the cost of the public works project.
2. Minimizing subsequent reconstruction or modification of utility facilities after completion of the public works project.
B. In addition to the requirements of subsection a of this section, for any public works project of at least one-half mile that is funded, initiated or managed by a county, the county shall provide first notice of the planned project to all utilities providing services in the county at least twelve months before the design phase of the project begins.
B. C. For the purposes of this section:
1. "Public works project" has the same meaning prescribed in section 12-1141.
2. "Utility" has the same meaning prescribed in section 48‑5107.
Sec. 7. Section 11-1605, Arizona Revised Statutes, is amended to read:
11-1605. Licensing time frames; compliance; consequence for failure to comply with time frame; exemption
A. For any new ordinance or regulation code requiring a license, a county shall have in place an overall time frame during which the county will either grant or deny each type of license that it issues. The overall time frame for each type of license shall state separately the administrative completeness review time frame and the substantive review time frame.
B. On or before December 31, 2012, a county that issues licenses required under existing ordinances or codes shall have in place an overall time frame during which the county will either grant or deny each type of license that it issues. The overall time frame for each type of license shall state separately the administrative completeness review time frame and the substantive review time frame. Counties shall prioritize the establishment of time frames for those licenses that have the greatest impact on the public.
C. In establishing time frames, counties shall consider all of the following:
1. The complexity of the licensing subject matter.
2. The resources of the county.
3. The economic impact of delay on the regulated community.
4. The impact of the licensing decision on public health and safety.
5. The possible use of volunteers with expertise in the subject matter area.
6. The possible increased use of general licenses for similar types of licensed businesses or facilities.
7. The possible increased cooperation between the county and the regulated community.
8. Increased county flexibility in structuring the licensing process and personnel including:
(a) Adult businesses and other licenses that are related to the first amendment.
(b) Master planned communities.
(c) Suspension of the substantive and overall time frames for purposes including public hearings or state or federal licenses.
9. That the substantive review and overall time frames do not include the time required by the applicant to obtain other noncounty licenses or to participate in meetings as required by law.
D. A county shall issue a written or electronic notice of administrative completeness or deficiencies to an applicant for a license within the administrative completeness review time frame. If the permit sought requires approval of more than one department of the county, each department may issue a written or electronic notice of administrative completeness or deficiencies.
E. If a county determines that an application for a license is not administratively complete, the county shall include a comprehensive list of the specific deficiencies in the written or electronic notice provided pursuant to subsection D. If the county issues a written or electronic notice of deficiencies within the administrative completeness time frame, the administrative completeness review time frame and the overall time frame are suspended from the date the notice is issued until the date that the county receives the missing information from the applicant. The county may issue an additional written or electronic notice of administrative completeness or deficiencies based on the applicant's submission of missing information. If the permit sought requires approval of more than one department of the county, each department may issue an additional written or electronic notice of administrative completeness or deficiencies based on the applicant's submission of missing information.
F. If a county does not issue a written or electronic notice of administrative completeness or deficiencies within the administrative completeness review time frame, the application is deemed administratively complete. If a county issues a timely written or electronic notice of deficiencies, an application shall not be complete until all requested information has been received by the county.
G. During the substantive review time frame, a county may make one comprehensive written or electronic request for additional information. If the permit sought requires approval of more than one department of the county, each department may issue a written or electronic request for additional information. The county and applicant may mutually agree in writing or electronically to allow the county to submit supplemental requests for additional information. If a county issues a comprehensive written or electronic request or a supplemental request by mutual written or electronic agreement for additional information, the substantive review time frame and the overall time frame are suspended from the date the request is issued until the date that the county receives the additional information from the applicant.
H. By mutual written or electronic agreement, a county and an applicant for a license may extend the substantive review time frame and the overall time frame. An extension of the substantive review time frame and the overall time frame may not exceed twenty-five per cent of the overall time frame.
I. Unless a county and an applicant for a license mutually agree to extend the substantive review time frame and the overall time frame pursuant to subsection H, a county shall issue a written or electronic notice granting or denying a license to an applicant. If a county denies an application for a license, the county shall include in the written or electronic notice at least the following information:
1. Justification for the denial with references to the statutes, ordinances, regulations, substantive policy statements or delegation agreements on which the denial is based.
2. An explanation of the applicant's right to appeal the denial. The explanation shall include the number of working days in which the applicant must file a protest challenging the denial and the name and telephone number of a county contact person who can answer questions regarding the appeals process.
J. If a county does not issue to the applicant the written or electronic notice granting or denying a license within the overall time frame or within the mutually agreed upon time frame extension, the county shall refund to the applicant all fees charged for reviewing and acting on the application for the license and shall excuse payment of any fees that have not yet been paid. The county shall not require an applicant to submit an application for a refund pursuant to this subsection. The refund shall be made within thirty working days after the expiration of the overall time frame or the time frame extension. The county shall continue to process the application. Notwithstanding any other statute, the county shall make the refund from the fund in which the application fees were originally deposited.
K. This section does not apply to licenses a license that is issued within seven working days after receipt of the initial application or a permit that expire expires within twenty‑one working days after issuance.
Sec. 8. Section 11-1609, Arizona Revised Statutes, is amended to read:
11-1609. Clarification of interpretation
A. A regulated person may request a county to clarify its interpretation or application of a statute, ordinance, regulation, delegation agreement, or rule or authorized substantive policy statement affecting the procurement of a license by providing the county with a written request that states:
1. The name and address of the regulated person requesting the clarification.
2. The statute, ordinance, regulation, delegation agreement, rule or authorized substantive policy statement or part of the statute, ordinance, regulation, delegation agreement, rule or authorized substantive policy statement that requires clarification.
3. Any facts relevant to the requested ruling.
4. The regulated person's proposed interpretation of the applicable statute, ordinance, regulation, delegation agreement, rule or authorized substantive policy statement or part of the statute, ordinance, regulation, delegation agreement, rule or authorized substantive policy statement that requires clarification.
5. Whether, to the best knowledge of the regulated person, the issues or related issues are being considered by the county in connection with an existing license or license application.
B. On receipt of a request that complies with subsection A, the county may meet with the regulated person to discuss the written request and shall respond within thirty days of the receipt of the written request with a written explanation of its interpretation or application as raised in the written request. The county shall provide the requestor regulated person with an opportunity to meet and discuss the county's written explanation.
C. The county may modify a written explanation provided under subsection B on written notice to the regulated person if required by a change in the law that was applicable at the time the clarification or of interpretation was issued, including changes caused by legislation, administrative rules formally adopted by the governing body board of supervisors or a court decision.
Sec. 9. Section 41-1001.01, Arizona Revised Statutes, is amended to read:
41-1001.01. Regulatory bill of rights
A. To ensure fair and open regulation by state agencies, a person:
1. Is eligible for reimbursement of fees and other expenses if the person prevails by adjudication on the merits against an agency in a court proceeding regarding an agency decision as provided in section 12‑348.
2. Is eligible for reimbursement of the person's costs and fees if the person prevails against any agency in an administrative hearing as provided in section 41‑1007.
3. Is entitled to have an agency not charge the person a fee unless the fee for the specific activity is expressly authorized as provided in section 41‑1008.
4. Is entitled to receive the information and notice regarding inspections prescribed in section 41‑1009.
5. May review the full text or summary of all rule making activity, the summary of substantive policy statements and the full text of executive orders in the register as provided in article 2 of this chapter.
6. May participate in the rule making process as provided in articles 3, 4, 4.1 and 5 of this chapter, including:
(a) Providing written or oral comments on proposed rules to an agency as provided in section 41‑1023 and having the agency adequately address those comments as provided in section 41‑1052, subsection D.
(b) Filing an early review petition with the governor's regulatory review council as provided in article 5 of this chapter.
(c) Providing written or oral comments on rules to the governor's regulatory review council during the mandatory sixty-day comment period as provided in article 5 of this chapter.
7. Is entitled to have an agency not base a licensing decision in whole or in part on licensing conditions or requirements that are not specifically authorized by statute, rule or state tribal gaming compact as provided in section 41‑1030, subsection B.
8. Is entitled to have an agency not make a rule under a specific grant of rule making authority that exceeds the subject matter areas listed in the specific statute or not make a rule under a general grant of rule making authority to supplement a more specific grant of rule making authority as provided in section 41‑1030, subsection C.
9. May allege that an existing agency practice or substantive policy statement constitutes a rule and have that agency practice or substantive policy statement declared void because the practice or substantive policy statement constitutes a rule as provided in section 41‑1033.
10. May file a complaint with the administrative rules oversight committee concerning:
(a) A rule's, practice's or substantive policy statement's lack of conformity with statute or legislative intent as provided in section 41‑1047.
(b) An existing statute, rule, practice alleged to constitute a rule or substantive policy statement that is alleged to be duplicative or onerous as provided in section 41‑1048.
11. May have the person's administrative hearing on contested cases and appealable agency actions heard by an independent administrative law judge as provided in articles 6 and 10 of this chapter.
12. May have administrative hearings governed by uniform administrative appeal procedures as provided in articles 6 and 10 of this chapter.
13. May have an agency approve or deny the person's license application within a predetermined period of time as provided in article 7.1 of this chapter.
14. Is entitled to receive written notice from an agency on denial of a license application:
(a) That justifies the denial with references to the statutes or rules on which the denial is based as provided in section 41‑1076.
(b) That explains the applicant's right to appeal the denial as provided in section 41‑1076.
15. Is entitled to receive information regarding the license application process at the time the person obtains an application for a license as provided in section 41‑1079.
16. May receive public notice and participate in the adoption or amendment of agreements to delegate agency functions, powers or duties to political subdivisions as provided in section 41‑1026.01 and article 8 of this chapter.
17. May inspect all rules and substantive policy statements of an agency, including a directory of documents, in the office of the agency director as provided in section 41‑1091.
18. May file a complaint with the office of the ombudsman‑citizens aide to investigate administrative acts of agencies as provided in chapter 8, article 5 of this title.
19. Unless specifically authorized by statute, may expect state agencies to avoid duplication of other laws that do not enhance regulatory clarity and to avoid dual permitting to the extent practicable as prescribed in section 41‑1002.
20. Is entitled to have the agency ensure and maximize the quality, objectivity, utility and integrity of information used and disseminated by an agency as prescribed in section 41-1001.02.
B. The enumeration of the rights listed in subsection A of this section does not grant any additional rights that are not prescribed in the sections referenced in subsection A of this section.
Sec. 10. Title 41, chapter 6, article 1, Arizona Revised Statutes, is amended by adding sections 41-1001.02 and 41-1002.01, to read:
41-1001.02. Data quality; objectivity; correction; scientific, financial or statistical information; definitions
A. On or before June 30, 2013, an agency shall issue guidelines ensuring and maximizing the quality, objectivity, utility and integrity of information, including statistical information, that is used and disseminated by the agency.
B. An agency shall establish administrative procedures that allow affected persons to seek and obtain a correction of information that is maintained and disseminated by the agency that does not comply with the guidelines issued under subsection A of this section. An agency must establish a time frame to respond to requests to correct information and a process for appeal as part of the administrative procedures.
C. If an agency disseminates influential scientific, financial or statistical information, the information must meet a reproducibility standard. Analytic results related to influential scientific, financial or statistical information must generally be sufficiently transparent about data, methods, models, assumptions and statistical procedures so that a qualified member of the public may undertake an independent reanalysis, Including tests for sensitivity, uncertainty or robustness. Where public access to data and methods cannot occur because of privacy or proprietary issues, an agency shall apply especially rigorous robustness checks to analytic results and document the checks that were undertaken. If an agency elects for important or far-reaching rule making to rely on previously disseminated scientific, financial or statistical studies that at time of dissemination were not considered influential, the agency shall evaluate the studies to determine if they meet a reproducibility standard.
D. Agency sponsored peer review must be transparent. For the purposes of this subsection, "transparent" means that:
1. Peer reviewers are selected primarily on the basis of necessary technical expertise.
2. Peer reviewers are expected to disclose to the agency prior technical or policy positions that they may have taken on the issues at hand.
3. Peer reviewers are expected to disclose to the agency their sources of personal and institutional funding.
4. Peer reviews are to be conducted in an open and rigorous manner.
E. An agency that maintains or disseminates information on analysis of risks to human health and safety and the environment in support of a rule must make available to the public a document that, to the extent practicable, specifies:
1. Each population addressed by any estimate of applicable risk effects.
2. The expected risk or central estimate of risk for the specific population affected.
3. Each appropriate upper-bound or lower-bound estimate of risk.
4. Each significant uncertainty identified in the process of the assessment of risk effects and the studies that would assist in resolving the uncertainty.
5. Peer-reviewed studies known to the agency that support, are directly relevant to or fail to support any estimate of risk effects and the methodology used to reconcile inconsistencies in the scientific data.
F. Scientific and research information that has been subject to formal, independent, external peer review is presumed objective, but may be rebutted based on a persuasive showing by the petitioner in a particular instance.
G. An agency may temporarily waive data quality requirements prescribed in this section in cases of imminent threat to public health or the environment.
H. For the purposes of this section:
1. "Dissemination" means agency initiated or sponsored distribution of information to the public. For the purposes of this paragraph, "sponsored distribution" means situations in which an agency has directed a third-party to disseminate information or in which the agency has the authority to review and approve the information before release.
2. "Influential" means information the agency can reasonably determine will have or has a clear and substantial impact on important public policies or important private sector decisions.
3. "Integrity" means the protection of information from unauthorized access or revision to ensure that the information is not compromised through corruption or falsification.
4. "Objectivity" means the disseminated information is being presented in an accurate, clear, complete and unbiased manner and, as a matter of substance, is accurate, reliable and unbiased.
5. "Utility" means the usefulness of the information to the intended users.
41-1002.01. Clarification of interpretation
A. A regulated person may request an agency to clarify its interpretation or application of a statute, ordinance, regulation, executive order, delegation agreement, rule or authorized substantive policy statement affecting the person's procurement of a license by providing the agency with a written request that states:
1. The name and address of the regulated person requesting the clarification.
2. The statute, ordinance, regulation, executive order, delegation agreement, rule or authorized substantive policy statement or part of the statute, ordinance, regulation, executive order, delegation agreement, rule or authorized substantive policy statement that requires clarification.
3. Any facts relevant to the requested ruling.
4. A regulated person's proposed interpretation of the applicable statute, ordinance, regulation, executive order, delegation agreement, rule or authorized substantive policy statement or part of the statute, ordinance, regulation, executive order, delegation agreement, rule or authorized substantive policy statement.
5. Whether, to the best knowledge of the regulated person, the issues or related issues are being considered by the agency in connection with an existing license or license application.
B. On receipt of a request that complies with subsection a of this section, the agency may meet with the regulated person to discuss the written request and shall respond within thirty days of the receipt of the written request with a written explanation of its interpretation or application as raised in the written request. The agency shall provide the regulated person with an opportunity to meet and discuss the agency's written explanation.
C. An agency may modify a written explanation provided under subsection b of this section on written notice to the regulated person if required by a change in the law that was applicable at the time the clarification of interpretation was issued, including changes caused by legislation, administrative rules formally adopted by the governing body or a court decision.
Sec. 11. Section 41-1047, Arizona Revised Statutes, is amended to read:
41-1047. Committee review of rules or actions; practices alleged to constitute rules; substantive policy statements
The committee may review any proposed or final rule, summary rule, agency practice alleged to constitute a rule, or substantive policy statement OR ANY ACTION ADOPTED PURSUANT TO STATUTORY AUTHORITY for conformity with statute and legislative intent. The committee may hold hearings on whether a proposed or final rule, summary rule, agency practice alleged to constitute a rule, or substantive policy statement OR ANY ACTION ADOPTED PURSUANT TO STATUTORY AUTHORITY is consistent with statute and legislative intent. The committee may comment to the agency, attorney general, GOVERNMENT BODY or council on whether the proposed or final rule, summary rule, agency practice alleged to constitute a rule, or substantive policy statement OR ANY ACTION ADOPTED PURSUANT TO STATUTORY AUTHORITY is consistent with statute or legislative intent. The committee may designate a representative to testify before the agency, attorney general, government body or council. The council shall consider the comments of the committee and any testimony shall be considered. The administrative records shall contain the comments of the committee and any testimony.
Sec. 12. Section 41-1048, Arizona Revised Statutes, is amended to read:
41-1048. Committee review of duplicative or onerous statutes, rules, actions, practices alleged to constitute rules and substantive policy statements
A. The committee shall receive complaints concerning statutes, rules, agency practices alleged to constitute rules, and substantive policy statements or any action adopted pursuant to statutory authority that are alleged to be duplicative or onerous. The committee may review any statutes, rules, agency practices alleged to constitute rules, or substantive policy statements or any action adopted pursuant to statutory authority alleged to be duplicative or onerous and may hold hearings regarding the allegations. The committee may comment to an agency, the attorney general, the council, a government body or the legislature on whether the statutes, rules, agency practices alleged to constitute rules, or substantive policy statements or any action adopted pursuant to statutory authority are duplicative or onerous. The comments may include committee recommendations for alleviating the duplicative or onerous aspects of the statutes, rules, agency practices alleged to constitute rules, and substantive policy statements or any action adopted pursuant to statutory authority.
B. The committee shall prepare a report to the legislature by December 1 of each year recommending legislation to alleviate the effects of duplicative or onerous statutes, rules, agency practices alleged to constitute rules, and substantive policy statements or any action adopted pursuant to statutory authority.
C. This section applies to all statutes, rules, agency practices alleged to constitute rules, and substantive policy statements or any action adopted pursuant to statutory authority, regardless of whether the statutes, rules, agency practices alleged to constitute rules, or substantive policy statements or any action adopted pursuant to statutory authority were enacted or made before or after January 1, 1996.
Sec. 13. Section 48-3645, Arizona Revised Statutes, is amended to read:
48-3645. Licensing time frames; compliance; consequence for failure to comply with time frame; exemption
A. For any new ordinance or regulation requiring a license, a district shall have in place an overall time frame during which the district will either grant or deny each type of license that it issues. The overall time frame for each type of license shall state separately the administrative completeness review time frame and the substantive review time frame.
B. On or before December 31, 2012, a district that issues licenses required under existing ordinances or codes shall have in place an overall time frame during which the district will either grant or deny each type of license that it issues. The overall time frame for each type of license shall state separately the administrative completeness review time frame and the substantive review time frame. Districts shall prioritize the establishment of time frames for those licenses that have the greatest impact on the public.
C. In establishing time frames, districts shall consider all of the following:
1. The complexity of the licensing subject matter.
2. The resources of the district.
3. The economic impact of delay on the regulated community.
4. The impact of the licensing decision on public health and safety.
5. The possible use of volunteers with expertise in the subject matter area.
6. The possible increased use of general licenses for similar types of licensed businesses or facilities.
7. The possible increased cooperation between the district and the regulated community.
8. Increased district flexibility in structuring the licensing process and personnel including:
(a) Master planned communities.
(b) Suspension of the substantive and overall time frames for purposes including public hearings or state or federal approvals.
9. That the substantive review and overall time frames do not include the time required by the applicant to obtain other nondistrict licenses or to participate in meetings as required by law.
D. A district shall issue a written or electronic notice of administrative completeness or deficiencies to an applicant for a license within the administrative completeness review time frame. If the permit sought requires approval of more than one department of the district, each department may issue a written or electronic notice of administrative completeness or deficiencies.
E. If a district determines that an application for a license is not administratively complete, the district shall include a comprehensive list of the specific deficiencies in the written or electronic notice provided pursuant to subsection D. If the district issues a written or electronic notice of deficiencies within the administrative completeness time frame, the administrative completeness review time frame and the overall time frame are suspended from the date the notice is issued until the date that the district receives the missing information from the applicant. The district may issue an additional written or electronic notice of administrative completeness or deficiencies based on the applicant's submission of missing information. If the permit sought requires approval of more than one department of the district, each department may issue an additional written or electronic notice of administrative completeness or deficiencies based on the applicant's submission of missing information.
F. If a district does not issue a written or electronic notice of administrative completeness or deficiencies within the administrative completeness review time frame, the application is deemed administratively complete. If a district issues a timely written or electronic notice of deficiencies, an application shall not be complete until all requested information has been received by the district.
G. During the substantive review time frame, a district may make one comprehensive written or electronic request for additional information. If the permit sought requires approval of more than one department of the district, each department may issue a written or electronic request for additional information. The district and applicant may mutually agree in writing or electronically to allow the district to submit supplemental requests for additional information. If a district issues a comprehensive written or electronic request or a supplemental request by mutual written or electronic agreement for additional information, the substantive review time frame and the overall time frame are suspended from the date the request is issued until the date that the district receives the additional information from the applicant.
H. By mutual written or electronic agreement, a district and an applicant for a license may extend the substantive review time frame and the overall time frame. An extension of the substantive review time frame and the overall time frame may not exceed twenty-five per cent of the overall time frame.
I. Unless a district and an applicant for a license mutually agree to extend the substantive review time frame and the overall time frame pursuant to subsection H, a district shall issue a written or electronic notice granting or denying a license to an applicant. If a district denies an application for a license, the district shall include in the written or electronic notice at least the following information:
1. Justification for the denial with references to the statutes, ordinances, executive orders, substantive policy statements or delegation agreements on which the denial is based.
2. An explanation of the applicant's right to appeal the denial. The explanation shall include the number of working days in which the applicant must file a protest challenging the denial and the name and telephone number of a district contact person who can answer questions regarding the appeals process.
J. If a district does not issue to the applicant the written or electronic notice granting or denying a license within the overall time frame or within the mutually agreed upon time frame extension, the district shall refund to the applicant all fees charged for reviewing and acting on the application for the license and shall excuse payment of any fees that have not yet been paid. The district shall not require an applicant to submit an application for a refund pursuant to this subsection. The refund shall be made within thirty working days after the expiration of the overall time frame or the time frame extension. The district shall continue to process the application. Notwithstanding any other statute, the district shall make the refund from the fund in which the application fees were originally deposited.
K. This section does not apply to licenses a license that is issued within seven working days after receipt of the initial application or a permit that expires within twenty-one working days after issuance.
Sec. 14. Section 48-3649, Arizona Revised Statutes, is amended to read:
48-3649. Clarification of interpretation
A. A regulated person may request a district to clarify its interpretation or application of a statute, ordinance, regulation, executive order, delegation agreement, rule or authorized substantive policy statement affecting the procurement of a license by providing the district with a written request that states:
1. The name and address of the regulated person requesting the clarification.
2. The statute, ordinance, regulation, executive order, delegation agreement, rule or authorized substantive policy statement or part of the statute, ordinance, regulation, executive order, delegation agreement, rule or authorized substantive policy statement that requires clarification.
3. Any facts relevant to the requested ruling.
4. The regulated person's proposed interpretation of the applicable statute, ordinance, regulation, executive order, delegation agreement, rule or authorized substantive policy statement or part of the statute, ordinance, regulation, executive order, delegation agreement, rule or authorized substantive policy statement.
5. Whether, to the best knowledge of the regulated person, the issues or related issues are being considered by the district in connection with an existing license or license application.
B. On receipt of a request that complies with subsection A, the district may meet with the regulated person to discuss the written request and shall respond within thirty days of the receipt of the written request with a written explanation of its interpretation or application as raised in the written request. The district shall provide the requestor regulated person with an opportunity to meet and discuss the district's written explanation.
C. A district may modify a written explanation provided under subsection B on written notice to the regulated person if required by a change in the law that was applicable at the time the clarification or of interpretation was issued, including changes caused by legislation, administrative rules formally adopted by the governing body or a court decision.