Bill Text: AZ HB2051 | 2016 | Fifty-second Legislature 2nd Regular | Introduced
Bill Title: Catastrophic public nuisance; determination; abatement
Spectrum: Partisan Bill (Republican 6-0)
Status: (Failed) 2016-02-15 - House CMA Committee action: Held [HB2051 Detail]
Download: Arizona-2016-HB2051-Introduced.html
PREFILED JAN 06 2016
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REFERENCE TITLE: catastrophic public nuisance; determination; abatement |
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State of Arizona House of Representatives Fifty-second Legislature Second Regular Session 2016
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HB 2051 |
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Introduced by Representatives Finchem, Borrelli, Mitchell: Lawrence, Thorpe, Townsend
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AN ACT
Amending Title 9, chapter 4, article 8, Arizona Revised Statutes, by adding section 9‑500.38; Amending title 11, chapter 2, article 4, Arizona Revised Statutes, by adding section 11‑269.15; relating to public lands.
(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 8, Arizona Revised Statutes, is amended by adding section 9-500.38, to read:
9-500.38. Catastrophic public nuisance; determination; notice; plan to abate; emergency abatement; definitions
A. The mayor of a city or town may determine that a catastrophic public nuisance exists on state or federal land located within the borders of the city or town. In evaluating whether a catastrophic public nuisance exists, the mayor of the city or town may consider:
1. Tree density and overall health of forested areas, including the fire regime condition class.
2. Insect and disease infestation, including insect and disease hazard ratings.
3. Fuel loads.
4. Forest or range type.
5. Slope and other natural characteristics of an area.
6. Watershed protection criteria.
7. Weather and climate.
8. Any other factor that the mayor of the city or town determines is relevant under the circumstances.
B. Except as provided in subsections F and G of this section, on determining that a catastrophic public nuisance exists, the mayor of a city or town shall do all of the following:
1. Consult with the city or town attorney or attorney general.
2. Notify the federal or state agency that manages the land on which the catastrophic public nuisance exists by personal service or certified mail.
3. Provide a copy of the notice of determination to the governor, the attorney general and, if the catastrophic public nuisance exists on federal land, the congressional delegation of this state.
C. The notice of determination required by subsection B, paragraph 2 of this section shall include:
1. A detailed explanation of the basis for the determination that a catastrophic public nuisance exists.
2. A demand that the federal or state agency make a plan to abate the catastrophic public nuisance.
3. A specific date, at least thirty days after the date on which the notice is received, by which the federal or state agency that manages the land shall abate the catastrophic public nuisance or produce a plan for mitigating the catastrophic public nuisance that is reasonably acceptable to the city or town.
D. The mayor of the city or town may enter into a plan with the federal or state agency that manages the land on which the catastrophic public nuisance exists to abate the catastrophic public nuisance.
E. If the federal or state agency does not respond by the date provided in the notice of determination or otherwise indicates that the federal or state agency will not take action to abate the catastrophic public nuisance, the mayor of the city or town shall notify and consult with the city or town attorney and the attorney general.
F. If the mayor of the city or town determines, pursuant to subsection A of this section, that a catastrophic public nuisance exists on federally managed land and finds that the catastrophic public nuisance adversely affects or constitutes a threat to the public health, safety and welfare of the people of the city or town, the mayor of the city or town, in consultation with the city or town attorney and attorney general, shall pursue all remedies allowed by law.
G. If seeking emergency abatement of a catastrophic public nuisance pursuant to subsection F of this section, the mayor of the city or town shall attempt, as much as possible, to:
1. Coordinate with state and federal agencies.
2. Obtain the advice of professionals, including professionals in the private sector, with expertise in abating catastrophic public nuisance.
H. This section does not limit the authority of this state to manage and protect wildlife pursuant to title 17 or the power of a city or town prescribed by section 9-240, subsection B, paragraph 21.
I. For the purposes of this section:
1. "Catastrophic public nuisance" means a condition on state or federal land where natural resources and biota have been managed or neglected to such an extent as to cause either:
(a) The threat of a catastrophic wildfire demonstrated by:
(i) Stand density, basal area or ground fuel load greater than one hundred fifty percent of land health standards.
(ii) An insect or disease infestation severe enough to threaten the mortality of at least twenty percent of the trees in the area.
(b) A condition in the area that threatens any of the following:
(i) The quantity or quality of the water supply of a city or town.
(ii) The health, safety or welfare of the citizens of a city or town.
(iii) The air quality of a nonattainment area as defined in section 49‑401.01.
(iv) Vegetative resources required to support land health and authorized livestock grazing.
2. "Federal agency" includes the:
(a) United States bureau of land management.
(b) United States forest service.
(c) United States fish and wildlife service.
(d) National park service.
Sec. 2. Title 11, chapter 2, article 4, Arizona Revised Statutes, is amended by adding section 11-269.15, to read:
11-269.15. Catastrophic public nuisance; determination; notice; plan to abate; emergency abatement; definitions
A. The chairman of the board of supervisors or the county sheriff may determine that a catastrophic public nuisance exists on state or federal land located within the borders of the county. In evaluating whether a catastrophic public nuisance exists, the chairman of the board of supervisors or the county sheriff may consider:
1. Tree density and overall health of forested areas, including the fire regime condition class.
2. Insect and disease infestation, including insect and disease hazard ratings.
3. Fuel loads.
4. Forest or range type.
5. Slope and other natural characteristics of an area.
6. Watershed protection criteria.
7. Weather and climate.
8. Any other factor that the chairman of the board of supervisors or the county sheriff determines is relevant under the circumstances.
B. Except as provided in subsections F and G of this section, on determining that a catastrophic public nuisance exists, the chairman of the board of supervisors or the county sheriff shall do all of the following:
1. Consult with the county attorney or attorney general.
2. Notify the federal or state agency that manages the land on which the catastrophic public nuisance exists by personal service or certified mail.
3. Provide a copy of the notice of determination to the governor, the attorney general and, if the catastrophic public nuisance exists on federal land, the congressional delegation of this state.
C. The notice of determination required by subsection B, paragraph 2 of this section shall include:
1. A detailed explanation of the basis for the determination that a catastrophic public nuisance exists.
2. A demand that the federal or state agency make a plan to abate the catastrophic public nuisance.
3. A specific date, at least thirty days after the date on which the notice is received, by which the federal or state agency that manages the land shall abate the catastrophic public nuisance or produce a plan for mitigating the catastrophic public nuisance that is reasonably acceptable to the county.
D. The chairman of the board of supervisors or the county sheriff may enter into a plan with the federal or state agency that manages the land on which the catastrophic public nuisance exists to abate the catastrophic public nuisance.
E. If the federal or state agency does not respond by the date provided in the notice of determination or otherwise indicates that the federal or state agency will not take action to abate the catastrophic public nuisance, the chairman of the board of supervisors or the county sheriff shall notify and consult with the county attorney and the attorney general.
F. If the chairman of the board of supervisors or the county sheriff determines, pursuant to subsection A of this section, that a catastrophic public nuisance exists on federally managed land and finds that the catastrophic public nuisance adversely affects or constitutes a threat to the public health, safety and welfare of the people of the county, the chairman of the board of supervisors or the county sheriff, in consultation with the county attorney and attorney general, shall pursue all remedies allowed by law.
G. If seeking emergency abatement of a catastrophic public nuisance pursuant to subsection F of this section, the chairman of the board of supervisors or the county sheriff shall attempt, as much as possible, to:
1. Coordinate with state and federal agencies.
2. Obtain the advice of professionals, including professionals in the private sector, with expertise in abating catastrophic public nuisance.
H. This section does not limit the authority of this state to manage and protect wildlife pursuant to title 17 or the power of a city or town prescribed by section 9-240, subsection B, paragraph 21.
I. For the purposes of this section:
1. "Catastrophic public nuisance" means a condition on state or federal land where natural resources and biota have been managed or neglected to such an extent as to cause either:
(a) The threat of a catastrophic wildfire demonstrated by:
(i) Stand density, basal area or ground fuel load greater than one hundred fifty percent of land health standards.
(ii) An insect or disease infestation severe enough to threaten the mortality of at least twenty percent of the trees in the area.
(b) A condition in the area that threatens any of the following:
(i) The quantity or quality of the water supply of a county.
(ii) The health, safety or welfare of the citizens of the county.
(iii) The air quality of a nonattainment area as defined in section 49‑401.01.
(iv) Vegetative resources required to support land health and authorized livestock grazing.
2. "Federal agency" includes the:
(a) United States bureau of land management.
(b) United States forest service.
(c) United States fish and wildlife service.
(d) National park service.
