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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
ADWR; application; review; time frames
Purpose
Prescribes licensing time frames for the Director of the Arizona Department of Water Resources (ADWR) to make determinations for applications for new or modified certificates, designations or analyses of assured water supply.
Background
Statute prescribes licensing time frames for which agencies
must adhere to when issuing various licenses. In establishing time frames, each
agency must consider: 1) the complexity of the licensing subject matter; 2) the
resources of the agency granting or denying the license;
3) the economic impact of delay on the regulated community; 4) the impact of
the licensing decision on public health and safety; 5) the possible use of
volunteers with expertise in the subject matter area; 6) the possible increased
use of general licenses for similar types of licensed business or facilities;
7) the possible increased cooperation between agency and the regulated
community; and 8) increased agency flexibility in structuring the licensing
process and personnel (A.R.S.
§ 41-1073).
In addition, statute outlines the compliance requirements for the administrative completeness review time frame, the substantive review time frame, the overall time frame and the consequences for agency failure to comply with overall time frames (A.R.S. §§ 41-1074; 41-1075; 41-1076; and 41-1077).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires the Director of the ADWR to make determinations for an application for a new or modified certificate, designation or analysis of assured water supply within the following licensing time frames:
a) for the administrative completeness review time frame, 90 days or less;
b) for the substantive review time frame, 30 days or less; and
c) for the overall time frame, 120 days or less.
2. Defines administrative completeness review time frame as the number of days from agency receipt of an application for a license until an agency determines that the application contains all components required by statute or rule, including all information required to be submitted by other government agencies, excluding the period of time during which an agency provides public notice of the license application or performs a substantive review of the application.
3. Defines overall time frame as the number of days after receipt of an application for a license during which an agency determines whether to grant or deny a license, and consists of both the administrative completeness review time frame and the substantive review time frame.
4. Defines substantive review time frame as the number of days after the completion of the administrative completeness review time frame during which an agency determines whether an application or applicant for a license meets all substantive criteria required by statute or rule, and includes any public notice or hearings required by law.
5. Makes technical and conforming changes.
6. Becomes effective on the general effective date.
Prepared by Senate Research
February 5, 2024
RA/mg