HB2561 - 561R

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

Section 1. Title 9, chapter 4, article 8, Arizona Revised Statutes, is amended by adding section 9-500.40, to read:

START_STATUTE9-500.40. Water service outside city or town; requirements; standpipe district

A. A city or town that provides water service shall provide water service through an INTERGOVERNMENTAL agreement with a standpipe district for a period of not more than three years by use of a standpipe for water HAULING to residences outside the city's or town's water service area that do not have access to SUFFICIENT water if all of the following apply:

1. The number of impacted residences to be serviced is not more than seven hundred fifty and the residences are in an area that is an unincorporated community within the standpipe district and adjacent to the city or town.

2. The city or town previously provided water service to the residences that do not have access to sufficient water.

3. There is no other adequate source of water for those persons within ten miles of their residences.

4. The city or town is reimbursed for the full reasonable costs of providing and delivering the water.

5. the impacted area is in a county with a population of more than seven hundred fifty thousand persons.

6. Providing the water at the standpipe does not, without the city's or town's consent, reduce the amount of water AVAILABLE to residences and businesses within the city's or town's water SERVICE area or to residences and businesses OUTSIDE of the CITY'S or town's water SERVICE area with whom the city or town has directly contracted to provide water through means other than hauling water.

B. The standpipe district shall enter into an intergovernmental agreement with the city or town, and the intergovernmental agreement shall provide that the standpipe district agrees to be RESPONSIBLE for all of the following:

1. Delivering water pursuant to this section to water haulers servinG MEMBERS OF THE STANDPIPE dISTRICT. self hauling of water is allowed.

2. Paying the city or town for the full costs of PROVIDING the water to the residences ELIGIBLE to RECEIVE water services pursuant to this section. The standpipe district may do so either directly or through one or more THIRD parties.

3. Billing the residences for the cost of the water being received. The standpipe district may do so either directly or through one or more third parties.

4. Providing an annual amount of water to the residences that may exceed the annual amount of water the residences in the area prescribed by this section previously received if the additional amounts do not violate subsection A, paragraph 6 of this section. The standpipe district may provide the water through one or more THIRD parties.

5. If the annual amount of water provided pursuant to the intergovernmental agreement is exceeded, suspended or reduced, implementing and enforcing any necessary water conservation MEASURES.

6. Working to identify a long-term solution for the water needs of the area prescribed by this section.

C. The intergovernmental agreement executed pursuant to this section shall indemnify the city or town with respect to any actions taken or OCCURRENCES after water is provided at the standpipe.

D. The provision of water pursuant to this section and the intergovernmental agreement authorized by this section are contingent on a standpipe district obtaining a source of water from a third party absent a city's or town's CONSENT to use the city's or town's own source of water.

E. not more than seven hundred fifty residences shall be allowed to receive water from any standpipe district.

F. A city or town may reduce or suspend the amount of water provided PURSUANT to this section if water becomes unavailable from a third party.

G. A city or town is not liable to any person or entity for providing or failing to provide water pursuant to this section.

H. This section does not preclude execution or implementation of a voluntary agreement before the effective date of this section. this section DOES not apply if such a VOLUNTARY agreement RESULTS in ADEQUATE water being SUPPLIED to the residences that would OTHERWISE be served.

i. property owners in the impacted area may join, or not join, the standpipe district. The standpipe district shall only provide water to the members of the standpipe DISTRICT.

j. the standpipe district shall be GOVERNED by a five-person BOARD of directors who shall be members of the standpipe DISTRICT on or before taking office. appointments shall be made WITHIN fourteen days of the occurrence of the CONDITIONS in subsection a of this section, or if such CONDITIONS already exist as of the effective date of this section, WITHIN fourteen days after the EFFECTIVE date of this section. The standpipe DISTRICT board shall consist of the following members:

1. one member who is appointed by the speaker of the house of representatives.

2. one MEMBER who is appointed by the president of the senate.

3. one member who is APPOINTED by the governor and who serves at the pleasure of the Governor.

4. One member who is appointed by the commissioner of the state real estate department and who serves at the pleasure of the Commissioner of the state real estate department.

5. One member who is appointed by the director of the department of water resources and who serves at the pleasure of the director of the department of water resources.

k. each standpipe DISTRICT shall have no powers other than those expressly CONTEMPLATED by this section. The standpipe district may levy a REASONABLE and MINIMAL SURCHARGE on the price of water to reimburse the standpipe district for costs of billing and administration and other reasonable expenses. the surcharge shall not exceed ten PERCENT of a customer's bill without the unanimous approval of the BOARD of the standpipe district.

L. a standpipe DISTRICT is not SUBJECT to EMINENT DOMAIN pursuant to section 9-516.

M. in the event that the CONDITIONS set forth in subsection A of this section apply to an area, a standpipe DISTRICT in the impacted area begins to exist when a majority of members of its board are appointed. a standpipe DISTRICT TERMINATES on the repeal of this section. END_STATUTE

Sec. 2. Delayed repeal

Section 9-500.40, Arizona Revised Statutes, as added by this act, is repealed from and after December 31, 2025.

Sec. 3. Section 11-831, Arizona Revised Statutes, is amended to read:

START_STATUTE11-831. Review of land divisions; definitions

A. The board of supervisors of each county may adopt ordinances and regulations pursuant to this section for staff review and approval of land divisions of five or fewer lots, parcels or fractional interests, any of which is ten acres or smaller in size. The county may not deny approval of any land division that meets the requirements of this section. If the county's review of the request is not completed within thirty days after receiving the request, the land division is considered to be approved. At its option, the board of supervisors may submit a ballot question to the voters of the county to allow the voters to determine the application of subsections B and C of this section to qualifying land divisions in that county.

B. An application to split a parcel of land shall be approved if:

1. The lots, parcels or fractional interests each meet the minimum applicable county zoning requirements of the applicable zoning designation.

2. The applicant provides a standard preliminary title report or other acceptable document that demonstrates legal access to the lots, parcels or fractional interests.

3. The applicant provides a statement from a licensed surveyor or engineer, or other evidence acceptable to the county, stating whether each lot, parcel or fractional interest has physical access that is traversable by a two-wheel drive passenger motor vehicle.

4. The applicant reserves the necessary and appropriate utility easements to serve each lot, parcel or fractional interest created by the land division.

C. An application to split a parcel of land that does not comply with one or more of the items listed in subsection B of this section shall still be approved if the applicant provides an acknowledgment that is signed by the applicant and that confirms that no a building or use permit will not be issued by the county until the lot, parcel or fractional interest has met the requirements of subsection B of this section. The county may grant a variance from one or more of the items listed in subsection B of this section.

D. Any approval of a land division under this section may:

1. Include the minimum statutory requirements for legal and physical on-site access that must be met as a condition to the issuance of a building or use permit for the lots, parcels or fractional interests.

2. Identify topographic, hydrologic or other site constraints, requirements or limitations that must be addressed as conditions to the eventual issuance of a building or use permit. These constraints, requirements or limitations may be as noted by the applicant or through county staff review, but there shall be no requirement for independent studies.

E. If the requirements of subsections A through D of this section do not apply, a county may adopt ordinances and regulations pursuant to this chapter for staff review of land divisions of five or fewer lots, parcels or fractional interests but only to determine compliance with minimum applicable county zoning requirements and legal access and may grant waivers from the county zoning and legal access requirements. The county may not deny approval of any land division that meets the requirements of this section or where the deficiencies are noticed in the deed. A county may not require a public hearing on a request to divide five or fewer lots, parcels or fractional interests. If review of the request is not completed within thirty days from after receipt of the request, the land division shall be deemed approved. If no legal access is not available, the legal access does not allow access by emergency vehicles or the county zoning requirements are not met, the access or zoning deficiencies shall be noticed in the deed. If a county by ordinance requires a legal access of more than twenty-four feet roadway width, the county is responsible for the improvement and maintenance of the improvement. If the legal access does not allow access to the lots, parcels or fractional interests by emergency vehicles, neither the county nor its agents or employees are liable for damages resulting from the failure of emergency vehicles to reach the lot, parcel or fractional interest.

F. It is unlawful for a person or group of persons acting in concert to attempt to avoid this section or the subdivision laws of this state by acting in concert pursuing a common plan or DESIGN to divide a parcel of land into six or more lots or sell or lease six or more lots by using a series of owners or conveyances. a person or group of PERSONS PURSUES such a common plan or DESIGN when the person or group of persons either:

1. Act in concert to allow one or more persons to DEVELOP six or MORE lots within a ten-year period of TIME without compliance with the SUBDIVISION laws of this State.

2. DEVELOP six or more lots within a ten-year period by using ENTITIES with common ownership or control without compliance with the SUBDIVISION laws of this state.

3. PARAGRAPHS 1 and 2 of this subsection do not apply if the lots in question are non-contiguous separate parcels and are not being divided by a group of persons acting in concert as part of a common promotional plan.

g. Either the county where the division occurred or the state real estate department pursuant to title 32, chapter 20, but not both, may enforce this prohibition subsection F of this section. A familial relationship alone is not sufficient to constitute unlawful acting in concert.

G. h. For any subdivision that consists of ten or fewer lots, tracts or parcels, each of which is of a size as prescribed by the board of supervisors, the board of supervisors of each county may waive the requirement to prepare, submit and receive approval of a preliminary plat as a condition precedent to submitting a final plat and may waive or reduce infrastructure standards or requirements except for improved dust-controlled access and minimum drainage improvements.

H. i. For the purposes of this section:

1. "Legal access" means a public right of vehicular ingress and egress between the lots, parcels or fractional interests being created.

2. "Minimum applicable county zoning requirements" means the minimum acreage and dimensions of the resulting lot, parcel or fractional interest as required by the county's zoning ordinance.

3. "Utility easement" means an easement of eight feet in width dedicated to the general public to install, maintain and access sewer, electric, gas and water utilities. END_STATUTE

Sec. 4. Emergency

This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.