PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2651
(Reference to printed bill)
Page 3, after line 43, insert:
"Sec. 2. Flood control regulatory study committee; membership; duties; report; delayed repeal; definition
A. The flood control regulatory study committee is established consisting of the following members:
1. The following persons who are appointed by the speaker of the house of representatives:
(a) Two members of the house of representatives. The speaker of the house of representatives shall designate one of these members to serve as cochairperson of the committee.
(b) Two persons who currently are employed by or have an ownership interest in a business that regularly mines, sells or purchases aggregate.
(c) One person who is employed by a county government agency or who is elected to public office as a county official.
(d) One person who is employed by a trade association having an interest in the aggregate industry.
2. The following persons who are appointed by the president of the senate:
(a) Two members of the senate. The president of the senate shall designate one of these members to serve as cochairperson of the committee.
(b) Two persons who currently are employed by or have an ownership interest in a business that regularly mines, sells or purchases aggregate.
(c) One person who is employed by a county government agency or who is elected to public office as a county official.
(d) One person who is employed by a trade association having an interest in the aggregate industry.
3. The commissioner of the state land department or the commissioner's designee.
4. The director of the department of water resources or the director's designee.
B. The purpose of the flood control regulatory study committee is to research, analyze and report on the regulation of the aggregate industry that occurs as a result of the power of county governments to regulate floodways and floodplains.
C. The flood control regulatory study committee shall undertake the following tasks:
1. Examine and report on what criteria are in place or should be in place for the director of water resources to develop and adopt for the purposes of establishing the one‑hundred‑year flood and delineating floodplains as prescribed in section 48-3605, subsection A, Arizona Revised Statutes, to ensure that floodplain delineation is driven by science, as tested and refined against actual storm events.
2. Examine and report on whether section 48-3609, subsection B, paragraph 1, Arizona Revised Statutes, gives flood control districts the power to regulate development, including mining operations, that threaten public health or safety or the general welfare and whether this provision of law was intended to give flood control districts the power to prevent mining operations that might cause minor erosion on neighboring private land even if the mining landowner provides indemnification for and the neighboring land owner consents in writing to the mining operation.
3. Examine and report on flood control districts' authority over floodplains as defined in section 48-3601, Arizona Revised Statutes, including whether they may continue to exercise regulatory authority over portions of land that were not covered by the most recent one‑hundred‑year flood and whether these areas should be removed from flood control district jurisdiction.
4. Examine and report on whether flood control districts have erroneously high one‑hundred‑year flood predictions that impact the value of properties held in trust by the state land department.
D. The flood control regulatory study committee may:
1. Request information, data and reports from any county, state agency or political subdivision of this state, which shall be provided electronically, if possible.
2. Hold hearings and receive testimony from community members.
E. The flood control regulatory study committee shall convene at the time and place deemed necessary or convenient by the cochairpersons and all meetings shall be open to the public.
F. Members of the flood control regulatory study committee are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2, Arizona Revised Statutes.
G. On or before December 31, 2016, the flood control regulatory study committee shall submit a report of its findings and recommendations to the governor, the speaker of the house of representatives, the president of the senate and the superintendent of public instruction and shall provide a copy of this report to the secretary of state.
H. This section is repealed from and after June 30, 2017.
I. For the purposes of this section, "aggregate" has the same meaning prescribed in section 27-441, Arizona Revised Statutes."
Amend title to conform