PREFILED    JAN 07 2022

REFERENCE TITLE: local planning; residential housing; prohibitions

State of Arizona

Senate

Fifty-fifth Legislature

Second Regular Session

2022

SB 1104

Introduced by

Senator Mendez: Representative Salman

AN ACT

amending sections 9-461.16 and 11-819, arizona revised statutes; relating to local planning.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 9-461.16, Arizona Revised Statutes, is amended to read:

START_STATUTE9-461.16. Residential housing; requirements; fees; prohibition

A. Except as provided in subsection B of this section, a city or town with a population of less than ten thousand persons shall not adopt a land use regulation or general or specific plan provision, or impose as a condition for approving a building or use permit, a requirement or fee that has the effect of establishing the sales or lease price for a residential housing unit or residential dwelling lot or parcel or that requires a residential housing unit or residential dwelling lot or parcel to be designated for sale or lease to any particular class or group of residents.

B. This section does not limit the authority of a city or town with a population of less than ten thousand persons to adopt or enforce a land use regulation, general or specific plan provision or condition of approval creating or implementing an incentive, density bonus or other voluntary provision or condition designed to increase the supply of moderate or lower cost housing. END_STATUTE

Sec. 2. Section 11-819, Arizona Revised Statutes, is amended to read:

START_STATUTE11-819. Residential housing; requirements; fees; prohibition

A. Except as provided in subsection B of this section, a county with a population of less than two hundred fifty thousand persons shall not adopt a land use regulation or general plan provision, or impose as a condition for approving a building or use permit, a requirement or fee that has the effect of establishing the sales or lease price for a residential housing unit or residential dwelling lot or parcel or that requires a residential housing unit or residential dwelling lot or parcel to be designated for sale or lease to any particular class or group of residents.

B. This section does not limit the authority of a county with a population of less than two hundred fifty thousand persons to adopt or enforce a land use regulation, general or specific plan provision or condition of approval creating or implementing an incentive, density bonus or other voluntary provision or condition designed to increase the supply of moderate or lower cost housing. END_STATUTE