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REFERENCE TITLE: nonnative species eradication; projects; appropriation |
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State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022
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HB 2539 |
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Introduced by Representative John
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AN ACT
amending section 37-1309, Arizona Revised Statutes; appropriating monies; relating to the arizona department of forestry and fire management.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 37-1309, Arizona Revised Statutes, is amended to read:
37-1309. Jackie Meck nonnative vegetation species eradication fund; department duties; grants; annual report
A. The Jackie Meck nonnative vegetation species eradication fund is established consisting of legislative appropriations for specific nonnative vegetation invasive species eradication projects. Monies in the fund are continuously appropriated to the Arizona department of forestry and fire management for the purposes of this section and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. On notice from the state forester, the state treasurer shall invest and divest monies in the fund as provided in section 35-313, and monies earned from investment shall be credited to the fund.
B. The Arizona department of forestry and fire management shall:
1. Coordinate with the Arizona state land department on projects conducted on state trust land pursuant to this section.
2. Coordinate with the Arizona game and fish department on projects conducted pursuant to this section.
3. Coordinate with the Department of transportation on projects conducted pursuant to this section.
3. 4. Monitor and oversee specific projects for which the legislature appropriates monies to the Jackie Meck nonnative vegetation species eradication fund.
4. 5. Provide grants to other state agencies, cities, towns, counties, Indian tribes and other political subdivisions of this state and to nonprofit organizations for nonnative vegetation invasive species eradication projects that will assist in preventing fire and flooding, conserving water, replacing nonnative vegetative vegetation species with native vegetative vegetation species and restoring habitat to wildlife. A grant recipient shall follow state and federal laws to preserve endangered species when implementing the nonnative vegetation invasive species eradication project.
5. 6. Establish application procedures and qualification criteria for the grants. Grants awarded pursuant to this section shall be awarded in accordance with title 41, chapter 24.
C. On or before September 1 of each year, the Arizona department of forestry and fire management shall report to the joint legislative budget committee and the governor's office of strategic planning and budgeting the total expenditures from the previous year for grants for nonnative vegetation species eradication projects. The report shall indicate each project's expenditures, the benefits of each project to the treated land, the status of each project and the projected timeline for completion of each project.
Sec. 2. Gila River nonnative species eradication project advisory committee; membership; duties; report; delayed repeal; definition
A. The Gila River nonnative species eradication project advisory committee is established consisting of the following members:
1. The director of the Arizona department of forestry and fire management, or the director's designee, who shall serve as chairperson of the committee.
2. The director of the department of transportation or the director's designee.
3. The director of the department of water resources or the director's designee.
4. The director of the Maricopa county flood control district or the director's designee.
5. The manager of the city of Avondale or the manager's designee.
6. The manager of the city of Buckeye or the manager's designee.
7. The manager of the city of Goodyear or the manager's designee.
B. Committee members are not eligible to receive compensation or reimbursement of expenses under title 38, chapter 4, article 2, Arizona Revised Statutes.
C. The committee shall:
1. Meet at least quarterly.
2. Review the progress of nonnative vegetation invasive species eradication projects.
3. Receive community testimony and input on the nonnative vegetation invasive species eradication projects.
4. Make recommendations to the project contractor on future steps of the project.
5. On or before September 1 of each year, submit a report regarding the committee's activities, status of the projects and recommendations for future steps for the projects to the governor, the president of the senate and the speaker of the house of representatives and provide a copy of this report to the secretary of state.
D. This section is repealed from and after September 30, 2025.
E. For the purposes of this section, "nonnative vegetation invasive species eradication projects" means nonnative vegetation invasive species eradication projects in and along the portion of the Gila River between the western boundary of the city of Avondale and the bridge over the Gila River at State Route 85.
Sec. 3. Appropriation; Jackie Meck nonnative vegetation species eradication fund; nonnative vegetation invasive species eradication projects; fiscal agent; contractors; exemption; reversion
A. The sum of $15,000,000 is appropriated from the state general fund in fiscal year 2022-2023 to the Jackie Meck nonnative vegetation species eradication fund established by section 37-1309, Arizona Revised Statutes, as amended by this act, for nonnative vegetation invasive species eradication projects, including projects to replace nonnative vegetation invasive species with native vegetation species and restoring habitat for wildlife, in and along the portion of the Gila River between the western boundary of the city of Avondale and the bridge over the Gila River at State Route 85.
B. The Arizona department of forestry and fire management shall:
1. Serve as the fiscal agent for the projects described in subsection A of this section.
2. Designate the department of transportation as the contractor for the projects described in subsection A of this section. The department of transportation may subcontract the eradication and other required services for the project pursuant to title 34, chapter 6, article 1, Arizona Revised Statutes, to expedite the projects.
C. The appropriation made in subsection A of this section is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations, except all monies remaining unencumbered or unexpended for the purposes of this section on June 30, 2025 revert to the state general fund.