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Senate Engrossed
flood control districts; advisory board |
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State of Arizona Senate Fifty-fifth Legislature First Regular Session 2021
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SENATE BILL 1431 |
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AN ACT
amending sections 48-3611 and 48-3616, Arizona Revised Statutes; relating to county flood control districts.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 48-3611, Arizona Revised Statutes, is amended to read:
48-3611. Citizens' flood control advisory board; qualification; functions
A. The board of directors may shall appoint a citizens' flood control advisory board consisting of seven six members. Five members shall be Each member of the board of directors shall appoint one person who is a resident taxpayers taxpayer and qualified electors elector of the supervisorial district, at least three of whom shall be residents of the cities in the district of the appointing MEMBER of the board of directors. At least one of the board members who are residents of cities shall be a resident of the largest city in the district. The city engineer of the largest city in the district and An appointed member of the advisory board may not be a city or town employee. The chief engineer or manager of a major irrigation or agricultural improvement district, or their representatives the representative of the chief engineer or manager, shall be a non-voting advisory ex officio members member of the advisory board with all other rights and privileges granted to other board members.
B. In appointing members of the advisory board, the board of directors shall designate which appointive member shall serve for one year, which for two years, which for three years, which for four years and which for five years. Thereafter the term of each appointive member is five years except for a member appointed to an unexpired term.
C. The citizens' flood control advisory board shall meet at least quarterly and may request information from the chief engineer and general manager and district staff, engineering personnel from cities in the district and any other person with a knowledge of flood control practices. They shall have access to budget information and shall make recommendations regarding the flood control district budget. They may recommend the employment of employing consultants for the purpose of obtaining to obtain technical information and recommendations regarding flood control and floodplain management practices.
D. The advisory board shall study the flood control, floodplain regulation, drainage and water conservation needs of the district, shall meet with the board of directors at a public meeting at least annually and advise the board as requested by the board and may submit to the board reports and recommendations relating to such studies, but the recommendations are advisory only.
Sec. 2. Section 48-3616, Arizona Revised Statutes, is amended to read:
48-3616. Survey and report of flood control problems and facilities; comprehensive program; adoption by board; hearing
A. After a flood control district has been established in a county having a population of over three hundred thousand persons according to the latest federal decennial census, the board shall cause the chief engineer to make or have made by the flood control engineer or by qualified private engineers a survey of the flood control problems of the district and to prepare a report describing existing flood control facilities in the area, recommendations as to cooperation between the district and the owner or owners of existing facilities, recommendations and a preliminary plan for the construction or other acquisition of facilities to carry out the purpose of the district, a description of the property proposed to be acquired or damaged in performing the work, a program for carrying out the regulatory functions, a map showing the district boundaries and location of the work proposed to be done and property taken or damaged, an estimate of the cost of the proposed work and such other things as the board of directors may request. Before submission to the board of directors, the report shall be submitted to the citizens' advisory board if one is established for its review and recommendations. The report shall be prepared at least every five years beginning in 1985 and shall indicate the past efforts of the district in eliminating or minimizing flood control problems and state the planned future work of the district to eliminate or minimize flood control problems.
B. The chief engineer and his the chief engineer's staff shall then prepare a comprehensive program of flood hazard mitigation, taking into consideration the recommendations submitted in the report. When a comprehensive program satisfactory to the board is available, the board shall tentatively adopt and schedule a public hearing on the program and the performance of the proposed work. The comprehensive program shall be reviewed and modified as necessary to reflect the past and future planned flood control works of the district. Notice of the hearing shall be given by publication once a week for two consecutive weeks in a newspaper of general circulation in the area of jurisdiction, the first of which shall be at least ten days before the date fixed for the hearing.
C. The chief engineer and his the chief engineer's staff shall prepare and submit to the board a five year five-year capital improvement program in a form approved by the board. The program and annual extensions shall be submitted to the board at least three months before the final date for submission of the annual budget. The program shall separately identify capital improvements for engineering, rights-of-way and land acquisition and construction with such supporting explanations, cost estimates and completion schedules as the board may require. The program shall be annually reviewed for endorsement by the citizens' advisory board if one is established.
D. After a flood control district has been established in a county with a population of fewer than three hundred thousand persons, the chief engineer may conduct a survey of flood control problems, and prepare a comprehensive program for flood control and a five year five-year capital improvement program pursuant to this section. He The chief engineer shall at least make an assessment of flood control problems in the area of jurisdiction and make an annual report of his the chief engineer's findings and recommendations for dealing with them to the board.
Sec. 3. Retention of members
Notwithstanding section 48-3611, Arizona Revised Statutes, as amended by this act, all persons serving as members of a citizens' flood control advisory board on the effective date of this act may continue to serve until the expiration of their normal terms. All subsequent appointments shall be as prescribed by statute.