REFERENCE TITLE: housing; inventory; sales

 

 

 

 

State of Arizona

House of Representatives

Fifty-sixth Legislature

First Regular Session

2023

 

 

 

HB 2264

 

Introduced by

Representative Cano

 

 

 

 

 

 

 

 

An Act

 

amending title 9, chapter 4, article 6, Arizona Revised Statutes, by adding section 9-461.18; amending title 11, chapter 6, article 1, Arizona Revised Statutes, by adding section 11-810.01; amending title 41, chapter 4, article 7, Arizona Revised Statutes, by adding section 41-807; amending section 41-3955, Arizona Revised Statutes; relating to planning.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


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

Section 1. Title 9, chapter 4, article 6, Arizona Revised Statutes, is amended by adding section 9-461.18, to read:

START_STATUTE9-461.18. Housing; inventory; hearing; sales; surplus real estate

A. On or before July 1, 2025 and every three years thereafter, each municipality shall prepare an inventory of all real property that is within its jurisdiction to which the municipality holds title and that is appropriate for use as affordable housing.  The inventory must include the address and legal description of each piece of real property and specify whether the property is vacant or improved. 

b. The governing body of the municipality shall hold a public hearing at which the inventory list is reviewed.  The governing body may revise the inventory list at the conclusion of the public hearing. The governing body shall adopt a resolution that includes the inventory list at the conclusion of the public hearing.

c. Properties on the inventory list identified as appropriate for use as affordable housing may be offered for sale and the proceeds may be used to purchase land for the development of affordable housing.  Properties on the inventory list may be:

1. Sold with a restriction that requires the development of the property as permanent affordable housing.

2. Donated to a nonprofit housing organization for CONSTRUCTION of permanent affordable housing.

3. Made AVAILABLE for use or the production and preservation of permanent affordable housing.  END_STATUTE

Sec. 2. Title 11, chapter 6, article 1, Arizona Revised Statutes, is amended by adding section 11-810.01, to read:

START_STATUTE11-810.01. Housing; inventory; hearing; sales; surplus real estate

A. On or before July 1, 2025 and every three years thereafter, each county shall prepare an inventory of all real property that is within its jurisdiction to which the county holds title and that is appropriate for use as affordable housing. The inventory must include the address and legal description of each piece of real property and specify whether the property is vacant or improved. 

b. The board of supervisors of the county shall hold a public hearing at which the inventory list is reviewed.  The board may revise the inventory list at the conclusion of the public hearing. The board shall adopt a resolution that includes the inventory list at the conclusion of the public hearing.

c. Properties on the inventory list identified as appropriate for use as affordable housing may be offered for sale and the proceeds may be used to purchase land for the development of affordable housing.  Properties on the inventory list may be:

1. Sold with a restriction that requires the development of the property as permanent affordable housing.

2. Donated to a nonprofit housing organization for CONSTRUCTION of permanent affordable housing.

3. Made AVAILABLE for use or the production and preservation of permanent affordable housing. END_STATUTE

Sec. 3. Title 41, chapter 4, article 7, Arizona Revised Statutes, is amended by adding section 41-807, to read:

START_STATUTE41-807. Surplus real estate; inventory; sale

Notwithstanding any other law, on or before July 1, 2025 and every three years thereafter, all state agencies shall create an inventory of surplus real estate within the agency jurisdiction to which the state holds title and provide the inventory to the department.  The inventory must include the address and legal description of each piece of real property and specify whether the property is vacant or improved.  The DEPARTMENT shall make the surplus real estate listed on the inventories available for sale.  Monies received from the sale of surplus real estate owned by the state shall be deposited, pursuant to sections 35-146 and 35-147, in the housing trust fund established by section 41-3955.  END_STATUTE

Sec. 4. Section 41-3955, Arizona Revised Statutes, is amended to read:

START_STATUTE41-3955. Housing trust fund; purpose; annual report

A. The housing trust fund is established, and the director shall administer the fund. The fund consists of monies from unclaimed property deposited in the fund pursuant to section 44-313, monies transferred pursuant to section 35-751, monies deposited pursuant to section 41-807 and investment earnings.

B. On notice from the department, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.

C. Except as provided in subsection D of this section, fund monies shall be spent on approval of the department for developing projects and programs connected with providing housing opportunities for low and moderate income households and for housing affordability programs.  Pursuant to section 44-313, subsection A, A portion of fund monies shall be used exclusively for housing in rural areas.

D. Fund monies may be spent on constructing or renovating facilities and on housing assistance, including support services, for persons who have been determined to be seriously mentally ill and to be chronically resistant to treatment.

E. For the purposes of subsection C of this section, in approving the expenditure of monies, the director shall give priority to funding projects that provide for operating, constructing or renovating facilities for housing for low-income families and that provide housing and shelter to families that have children.

F. The director shall report annually to the legislature on the status of the housing trust fund.  The report shall include a summary of facilities for which funding was provided during the preceding fiscal year and shall show the cost and geographic location of each facility and the number of individuals benefiting from the operation, construction or renovation of the facility.  The report shall also include the number of individuals who benefit from housing assistance pursuant to subsection D of this section.  The report shall be submitted to the president of the senate and the speaker of the house of representatives, and a copy provided to the secretary of state, not later than September 1 of each year.

G. Monies in the housing trust fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

H. An amount not to exceed ten percent of the housing trust fund monies may be appropriated annually by the legislature to the department for administrative costs in providing services relating to the housing trust fund.

I. For any construction project financed by the department pursuant to this section, the department shall notify a city, town, county or tribal government that a project is planned for its jurisdiction and, before proceeding, shall seek comment from the governing body of the city, town, county or tribal government or an official authorized by the governing body of the city, town, county or tribal government. The department shall not interfere with or attempt to override the local jurisdiction's planning, zoning or land use regulations. END_STATUTE