Bill Text: AZ HB2215 | 2010 | Forty-ninth Legislature 2nd Regular | Engrossed
Bill Title: Tax assessment of retention basins
Spectrum: Partisan Bill (Republican 1-0)
Status: (Vetoed) 2010-04-26 - Governor Vetoed [HB2215 Detail]
Download: Arizona-2010-HB2215-Engrossed.html
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House Engrossed |
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State of Arizona House of Representatives Forty-ninth Legislature Second Regular Session 2010
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HOUSE BILL 2215 |
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AN ACT
Amending title 42, chapter 13, Arizona Revised Statutes, by adding article 11; relating to property tax assessments.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 42, chapter 13, Arizona Revised Statutes, is amended by adding article 11, to read:
ARTICLE 11. COMMERCIAL AND INDUSTRIAL RETENTION BASINS
42-13501. Exclusive method of identifying and valuing commercial and industrial retention basins
This article establishes the exclusive method for identifying and determining the valuation of real property that is engineered, designed and landscaped specifically as a retention basin for the exclusive purpose of receiving, draining and retaining water runoff from commercial and industrial property.
42-13502. Identifying retention basins
A. The county assessor shall identify retention basins for valuation under this article.
B. Real property must meet all of the following requirements to be considered a retention basin:
1. The property must be owned by a nonprofit association of owners of the commercial or industrial property complex.
2. The association must be organized and operated to provide for the maintenance of the retention basin.
3. All owners of the commercial or industrial property complex must be required to be and must actually be members of the association or must be obligated to pay mandatory assessments that include the costs of maintaining one or more retention basins that serve the complex.
C. As a condition for valuation under this article, the use of the property as a retention basin must be established by a recorded document that evidences the legal requirement for the use of the property as a retention basin, such as a recorded easement, plat, covenant, condition, restriction or declaration or an agreement with the municipality or county in which the property is located identifying the property and designating its use as a retention basin.
D. As a condition for valuation under this article ancillary improvements on or to a retention basin may not be used for commercial purposes, such as for parking, storage or any other identifiable commercial use.
42-13503. Computing valuation
A. The valuation of a retention basin shall be made on the assumption that no other property use is possible.
B. The real property and any ancillary improvements that are used as a retention basin shall be valued at five hundred dollars per parcel.
Sec. 2. Transition
This act does not affect:
1. The validity, collection or enforcement of outstanding tax liabilities assessed against retention basins and incurred under prior law.
2. The validity and application of property valuations determined pursuant to law in effect before the effective date of this act and applied for use in the 2011 tax year.
