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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
AMENDED
state of emergency; tolling; permits
Purpose
An emergency measure that suspends the period remaining to exercise the rights under certain government authorizations when the Governor proclaims a state of emergency in response to an event that causes the state or a county, city or town to alter or limit ordinary government operations (state of emergency) and the issuing authority determines that ordinary government operations were altered or limited. Extends the remaining period for six months after the suspended period unless the original expiration date is after the suspension and extension period.
Background
The Governor may proclaim a state of emergency, effective immediately, in an area affected or likely to be affected by disaster conditions or extreme peril to the safety of persons or property within Arizona caused by air pollution, fire, flood, storm, epidemic, riot, earthquake or other causes likely to be beyond the control of a single county, city or town (A.R.S. § 26-301). During a state of emergency, the Governor has complete authority over all state agencies and the right to exercise all police power vested in the state by the Arizona Constitution and state law. The Governor may direct agencies to utilize state personnel, equipment and facilities to perform all activities designed to prevent or alleviate actual and threatened damage due to the emergency (A.R.S. § 26-303).
When designated by the Governor, state agencies, counties, cities and towns may make, amend and rescind orders, rules and regulations necessary for emergency functions that are not inconsistent with the Governor's orders, rules and regulations (A.R.S. § 26-307). State emergency plans must be in effect in each political subdivision and each governing body must take action as necessary to carry out the plans, including the development of additional emergency plans in support of state emergency plans (A.R.S. § 26-308).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Suspends, from the date an issuing authority determines that ordinary government operations were altered or limited following a state of emergency proclamation until the date the issuing authority determines that the authority has returned to the ordinary government operations in effect before the state of emergency proclamation, the period remaining to exercise the rights under a permit, license, approval or other authorization (government authorization) that is:
a) issued by the Arizona Department of Environmental Quality (ADEQ) or a county, city or town; and
b) necessary for subdividing land, developing land, constructing buildings or constructing, repairing, replacing or modifying any improvement to real property.
2. Extends, for an additional six months after the suspended period, the period remaining to exercise the rights under a government authorization.
3. Retains the original expiration date of a government authorization that does not expire during the suspension and extension period, unless the issuing authority extends the authorization.
4. Allows an issuing authority to require written notice of intent to extend a government authorization as a condition of exercising the extension period if the issuing authority provides written notice of the requirement to the government authorization holder at least 30 days before the authorization expires.
5. Directs an issuing authority, as soon as practicable after the determination that the authority has returned to ordinary government operations, to conspicuously post on its website a statement that includes:
a) the date the issuing authority determined that ordinary government operations were altered or limited;
b) the date the issuing authority returned to ordinary government operations;
c) the date an extended government authorization will expire and notice that any government authorization that expires after that date will retain its original expiration date; and
d) if required by the issuing authority, the process for a government authorization holder to provide written notice of intent to exercise the extension period.
6. Specifies that an extended government authorization is governed by the laws, administrative rules, ordinances and other legal requirements that governed the authorized activity or conduct on the effective date of the state of emergency, unless any party or issuing authority demonstrates that operating under the requirements will create an immediate threat to public health or safety.
7. Extends commencement and completion dates for any required future work or government authorization so that the activities occur in the same time frame relative to the phase as originally authorized, if the government authorization for a phased development or construction project is extended.
8. Prohibits an issuing authority from prohibiting or imposing a penalty or fine for an activity that was allowed under a government authorization issued before or during the state of emergency, unless otherwise prohibited during the state of emergency.
9. Excludes, from the suspension and extension of government authorizations, an authorization:
a) for activity located outside the area for which the state of emergency applies;
b) for which an extension requires approval by a federal agency or is prohibited or regulated by federal law;
c) that is a state or local transaction privilege tax license or business license;
d) that is subject to a court order that specifies an expiration date in conflict with an extension; and
e) for which the issuing authority determines the government authorization holder to be in significant noncompliance, before the effective date of the state of emergency proclamation, through a warning letter or notice of violation, the initiation of formal enforcement or an equivalent action.
10. Specifies that the suspension and extension of government authorizations does not:
a) restrict a government entity from requiring property to be maintained and secured in a safe and sanitary condition in compliance with applicable laws, administrative rules, ordinances or other legal requirements;
b) prevent a government entity from collecting an annual fee required to maintain a government authorization in good standing; or
c) prevent a county health department from collecting fees for a government authorization for programs and activities delegated by ADEQ and Arizona Department of Health Services (DHS).
11. Defines an issuing authority as ADEQ or a county, city or town that issued a qualifying government authorization.
12. Defines ordinary government operations to include:
a) hours of operation;
b) physical or public access to government buildings or facilities;
c) visiting and inspecting businesses;
d) processing applications;
e) making personnel available; and
f) conducting governing board meetings.
13. Becomes effective on signature of the Governor, if the emergency clause is enacted.
Amendments Adopted by Committee
1. Narrows the suspension and extension of government authorizations to apply only during a state of emergency issued in response to a natural or public health emergency that affects the ordinary operation of state, county or municipal governments or receives relief from the federal government or the Governor's Emergency Fund.
2. Reduces, from 12 months to 6 months, the extension period remaining to exercise the rights under a government authorization after the suspended period ends.
3. Excludes, from the suspension and extension of government authorizations, an authorization governed by Game and Fish statutes.
Amendments Adopted by Committee of the Whole
1. The committee amendment was withdrawn.
2. Narrows the type of state of emergency that triggers the suspension and extension of certain government authorizations to a state of emergency in response to an event that causes the state or a county, city or town to alter or limit its ordinary government operations.
3. Narrows government authorizations to which the suspension and extension period apply to authorizations that are:
a) issued by ADEQ or a county, city or town; and
4. Suspends the government authorizations from the issue date of the state of emergency until the issuing authority returns to ordinary government operations, rather than for the duration of the state of emergency.
5. Specifies that the suspension and extension of government authorizations does not prevent:
a) annual fee collection required to maintain a government authorization in good standing; or
b) a county health department from collecting fees for a government authorization for programs and activities delegated by ADEQ and DHS.
6. Requires a suspended and extended government authorization to be governed by the requirements in effect when the state of emergency was issued, rather than when the authorization was issued.
7. Eliminates the requirement that a government authorization holder notify the issuing authority of an intent to exercise the suspension and extension period.
8. Defines ordinary government operations.
9. Makes technical and conforming changes.
Amendments Adopted by the House of Representatives
1. Suspends the government authorizations for the period an issuing authority determines that ordinary government operations were altered or limited, rather than beginning when the state of emergency proclamation was issued.
2. Retains the original expiration date of a government authorization that does not expire during the suspension and extension period, unless the issuing authority extends the authorization.
3. Allows an issuing authority to condition the extension period on written notice of intent to extend a government authorization if the authority provides a written notice to the authorization holder of the requirement at least 30 days before the authorization expires.
4. Directs an issuing authority to conspicuously post a statement including prescribed information on its website as soon as practicable following the determination that the authority has returned to ordinary government operations.
5. Specifies that an extended government authorization is governed by the legal requirements that governed the authorized activity or conduct on the effective date of the state of emergency, rather than when the state of emergency was issued.
6. Prohibits an issuing authority, rather than the state, a county, city or town, from prohibiting or imposing a penalty or fine for activity that was allowed under a government authorization issued before or during the state of emergency.
7. Defines issuing authority.
8. Makes conforming changes.
Senate Action House Action
COM 2/3/21 DPA 9-0-0 COM 3/9/21 DP 9-0-0-1
3rd Read 2/17/21 30-0-0 3rd Read 4/5/21 60-0-0
Prepared by Senate Research
April 6, 2021
LB/MC/kja