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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
livestock assistance program; infrastructure projects
Purpose
Establishes the Livestock Operator Fire and Flood Assistance Grant Program (Program) and outlines Program requirements.
Background
A grant is the furnishing of financial or other assistance, including state funds or federal grant funds, by any state governmental unit to any person to support or stimulate educational, cultural, social or economic quality of life (A.R.S. § 41-2701).
State governmental units must award any grant in accordance with statutory competitive grant solicitation requirements. Applications must be evaluated by at least three evaluators who are peers or other qualified individuals. The evaluators may allow applicants to provide a presentation on the grant request and must review each application based solely on the evaluation criteria or request for grant application factors. The evaluators must make award recommendations to the head of the state governmental unit (head) applying and the head may affirm, modify or reject the evaluators' recommendations in whole or in part. If the head does not affirm the recommendations, the head must: 1) document in writing the specific justifications for the action taken; and 2) make the documentation publicly available within 30 days (A.R.S. § 41-2702).
State and federal entities offer financial assistance, including grants, for fire related flooding hazards. The Federal Emergency Management Agency (FEMA) administers a Hazard Mitigation Grant Program, which has post fire assistance to mitigate the post-fire flooding hazards, for example (FEMA). Laws 2021, First Special Session, Chapter 1 appropriated $75,000,000 from the state General Fund (state GF) in FY 2021 to the Department of Forestry and Fire Management (DFFM) for wildfire emergency response, including mitigation projects to address postfire flooding and other damage that may occur as a result of fires or fire suppression activities.
There is no anticipated fiscal impact to the state GF associated with this legislation.
Provisions
Program Establishment
1. Establishes the Program under the Arizona Department of Agriculture (AZDA) to provide grant monies for infrastructure projects that are:
a) for landowners and lessees of a livestock operation with more than 40 animals under normal operating conditions;
b) required as a result of a wildfire and associated flooding; and
c) ineligible for funding from, or partially funded by, another federal or state program.
2. Requires the AZDA to:
a) develop guidelines and criteria to implement the Program, including an application process with a description of the intended use for the grant monies;
b) award all grants pursuant to statutory processes;
c) not grant more than 50 percent of the monies in the Livestock Operator Fire and Flood Assistance Fund (Fund) for infrastructure projects on land in one county in any fiscal year;
d) ensure that Program grants do not exceed more than 50 percent of the total costs of any project;
e) require each grantee to submit, within 12 months after receiving the grant, a written report detailing how the grant monies achieved the infrastructure project described in the application to the AZDA;
f) submit, by December 31 of each year, a report of the disposition of monies appropriated to the Fund each fiscal year to the Governor, President of the Senate and Speaker of the House of Representatives; and
g) provide a copy of the report to the Secretary of State and any person who requests a copy.
3. Requires, if a project takes longer than one year to complete, the grantee to submit a written report to the AZDA annually until the infrastructure project is complete.
4. Exempts the AZDA, for rules regarding Program establishment, implementation and administration, from the governing administrative procedures.
5. Requires the AZDA to provide for public notice and 60 days for public comment on the annual grant guidelines and criteria, including public hearings.
Fund Establishment
6. Establishes the Fund, administered by the AZDA, consisting of monies received to provide grant monies to landowners and lessees of a livestock operation for infrastructure projects, including:
a) federal monies;
b) legislative appropriations from the state GF;
c) public and private grants; and
d) private donations.
7. Specifies that Fund monies are continuously appropriated.
8. Requires the State Treasurer to, on notice from the AZDA, invest and divest monies in the Fund as statutorily prescribed and monies earned from Fund investment to be credited to the Fund.
9. Allows the AZDA to use up to 10 percent of the monies appropriated to the Fund in any fiscal year to administer the Program.
Miscellaneous
10. Defines infrastructure as wells, buildings, fences, pipelines, spring and water developments, corrals and other essential components to a livestock operation.
11. Makes technical changes.
12. Becomes effective on the general effective date.
House Action
LARA 2/14/22 DPA 10-0-1-0
3rd Read 2/24/22 59-0-1
Prepared by Senate Research
March 10, 2022
RC/slp