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ARIZONA HOUSE OF REPRESENTATIVESFifty-fourth Legislature Second Regular Session |
House: NREW DP 8-5-0-0-0-0 |
HB 2686: building permits; utilities; restrictions; prohibitions
Sponsor: Representative Bowers, LD 25
Transmitted
Overview
Prohibits a municipality or county from establishing restrictions on issuing building permits based on the utility provider that will serve that project.
History
Municipality Building Permits
Statute establishes limited parameters on what a municipality can require from a building permit applicant. For example, a municipality cannot require an applicant to hold a transaction privilege tax (TPT) license or business license but can require someone to apply for a business license if they do not have one within 30 days of the permit being issued. Additionally, a municipality cannot require the subsequent owner of a building or addition that was constructed without a permit to obtain a permit for the prior owner's construction (A.R.S. § 9-467).
County Building Permits
If a municipality does not have an ordinance on issuing building permits, a county board of supervisors must require a building permit for any building construction or any addition that costs over $1,000. Like municipalities, a county board of supervisors cannot require:
1) an applicant to have a TPT license or business license; or
2) the subsequent owner of a building or addition that was constructed without a permit to obtain a permit for the prior owner's construction (A.R.S. § 11-321).
Provisions
1. Prohibits a municipality or county from denying a building permit application based on the utility provider proposed to serve the project. (Sec. 1 and 3).
2. Directs a municipality or county issuing a building permit to ensure that all applicable permits and fees contain requirements and amounts for use of other utility providers that do not restrict a permit applicant's ability to use a utility provider that is authorized to provide service. (Sec. 1 and 3)
3. Requires a municipality's or county's code, ordinance, land use regulation or general or specific plan provision or part of a code, ordinance, land use regulation or general or specific plan provision to preserve a person's or entity's ability to use a utility provider that is authorized to provide services. (Sec. 2 and 4)
4. Forbids a municipality or county from imposing a fine, penalty or other requirement that restricts a utility provider's authority to operate or serve customers. (Sec. 2 and 4)
5. Specifies that these requirements do not affect a municipality's or county's authority to manage public highways within its boundaries or to exercise its power to review and approve an application before issuing a building permit. (Sec. 2 and 4)
6. Declares that:
a) Regulating a utility provider's authority to operate and serve customers is a matter of statewide concern. (Sec. 1, 2, 3 and 4)
b) Regulating a building permit applicant's ability to use a utility provider that is authorized and capable of providing utility service is allowed only as it relates to sections in this act. (Sec. 1 and 3)
c) A building permit applicant's ability to use a utility provider that is authorized and capable of providing utility service is not subject to further municipal or county regulation. (Sec. 1, 2, 3 and 4)
7. Clarifies that this act does not:
a) Prohibit a municipality or county from recovering costs associated with reviewing and issuing a building permit. (Sec. 1 and 3)
b) Impact a municipality's or county's authority to manage and operate a municipally-owned or county-owned utility. (Sec. 2 and 4)
c) Affect a municipality's or county's police powers to review and approve an application before issuing a permit to perform work in the public highways or to enforce conditions related to that permit. (Sec. 2 and 4)
8. Defines municipality and utility service. (Sec. 1 and 3)
9. Makes technical and conforming changes. (Sec. 1 and 3)
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13. Initials PAB Transmitted
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