Assigned to NREW                                                                                             AS PASSED BY COMMITTEE

 

 

 

 

ARIZONA STATE SENATE

Fifty-Sixth Legislature, First Regular Session

 

AMENDED

FACT SHEET FOR H.B. 2445

 

groundwater permits; technical correction

(NOW: subdivided lands; exemption; leases; emergency)

Purpose

Modifies the definition of subdivision and subdivided lands for the purpose of assured water supply. Outlines requirements for a person seeking a building permit for six or more detached single-family residences within an active management area (AMA) and outlines the ability for a city, town or county to a building permit application for six or more detached single-family residences within an AMA.                                                        

Background

A subdivision or subdivided land means improved or unimproved land divided or proposed to be divided for the purpose of sale or lease, whether immediate or future, into six or more lots, parcels or fractional interests, including: 1) a stock cooperative; 2) lands divided or proposed to be divided as part of a common promotion plan; and 3) residential condominiums. Leasehold offerings of one year or more are exempt from the classification of subdivision or subdivided lands (A.R.S. § 32-2101).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.   Adds, to the definition of subdivision or subdivided lands for the purpose of assured water supply only, six or more detached single-family residences that are constructed or proposed to be constructed for the purpose of sale or lease, whether immediate or future, on one or more lots, parcels or fractional interests without regard to the zoning classification of the lots, parcels or fractional interests, not including the sale of subdivided lands.

2.   Removes leasehold offerings of one year or less from the exemption from classification of a subdivision or subdivided lands.

3.   Exempts, from subdivision or subdivided lands, the construction, provision or leasing of residential structures that are located on agricultural property that are exempt from building codes and are offered for the purpose of housing agricultural workers.

4.   Requires a person, that seeks a building permit for six or more detached single-family residences within an AMA in which any portion of the Central Arizona Project (CAP) aqueduct is located, before presenting a permit application, without regard to any proposed lease term for those detached single-family residences to:

a)   apply for and obtain a certificate of assured water supply from the Director of the Arizona Department of Water Resources (ADWR) unless the applicant has obtained a written commitment of water service for the residences from a city, town or private water company that is designated as having an assured water supply; and

b)   pay all applicable fees and accompany the permit application with proof that the applicable fees have been paid.

5.   Allows a city, town or county, except for applications submitted before September 30, 2023, to approve a building permit application that includes six or more detached single-family residences within an AMA in which any portion of the CAP aqueduct is located, without regard to any proposed lease term, only if the detached single family residences included in the building permit have obtained a certificate of assured water supply from the Director of ADWR or a written commitment of water service.

6.   Makes technical and conforming changes.

7.   Becomes effective on the general effective date.

Amendments Adopted by Committee

1.   Outlines requirements for a person, that seeks a building permit for six or more detached
single-family residences within an AMA in which any portion of the CAP aqueduct is located before presenting a permit application without regard to any proposed lease term for those detached single-family residences.

2.   Allows a city, town or county, except for applications submitted before September 30, 2023, to approve a building permit application that includes six or more detached single-family residences within an AMA in which any portion of the CAP aqueduct is located, without regard to any proposed lease term, only if the detached single family residences included in the building permit have obtained a certificate of assured water supply from the Director of ADWR or a written commitment of water service.

3.   Makes technical changes.

House Action                                                           Senate Action

NREW            2/14/23      DPA          6-3-0-1         NREW            3/30/23      DPA       6-0-1

3rd Read          3/2/23                          31-28-1

Prepared by Senate Research

March 30, 2023

RA/slp