Arizona-2011-HB2458-Engrossed

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

Section 1. Section 11-254.06, Arizona Revised Statutes, as amended by Laws 2010, chapter 244, section 3, is amended to read:

START_STATUTE11-254.06. County infill incentive districts

A. The board of supervisors may designate an infill incentive district in any unincorporated area of the county that meets at least three of the following requirements:

1. There is a large number of vacant, older or dilapidated structures.

2. There is a large number of vacant or underused parcels of property that are of small or inappropriate sizes or that are environmentally contaminated, that are owned by different owners and that are located in an area that lacks the presence of development and investment activity compared to other areas in the county.

3. There is a large number of parcels of property or buildings where nuisances exist or occur.

4. There is a high occurrence of crime.

5. There is a continuing decline in population.

B. Before establishing an infill incentive district, the board of supervisors shall:

1. Identify the boundaries of the proposed district.

2. Notify the owners of private property in the proposed district and property managers of federal and state land in the proposed district by first class mail sent to the addresses on the most recent tax roll.� The notice shall be mailed at least fifteen days before the hearing held pursuant to paragraph 4 of this subsection to adopt the infill incentive plan.

3. Publish notice of the proposed district in a newspaper of general circulation in the county once each week for two consecutive weeks before the hearing held pursuant to paragraph 4 of this subsection.

4. Hold at least one public hearing in the county supervisorial district in which the proposed district is located to provide information and receive public comments.

C. If, after the hearing, it appears to the board that the public interest, convenience and welfare will be served by establishing an infill incentive district, the board may establish the district by adopting a resolution stating the reasons for establishing the district, the specific conditions described in subsection A of this section that qualify the area as a district and provisions for the orderly and beneficial redevelopment of the district.

D. C. If the board of supervisors establishes an infill incentive district, it shall adopt an infill incentive plan to encourage redevelopment in the district.� The plan shall emphasize voluntary incentives, including, if appropriate, continuing traditional rural and agricultural enterprises.� The plan may include:

1. Expedited zoning or rezoning procedures.

2. Expedited processing of plans and proposals.

3. Waivers of county and county improvement district fees and assessments for development activities.

4. Waivers of development standards and procedural requirements.

E. D. The infill incentive plan shall not impair the ability of utilities to provide electricity, water, natural gas or other services in accordance with health, safety and industry standards, including meeting electric service load growth demand by customers.

F. E. Infill incentives established pursuant to this section shall not be in violation of the requirements of the county comprehensive plan pursuant to section 11‑804.END_STATUTE

Sec. 2. Section 11-254.07, Arizona Revised Statutes, as amended by Laws 2010, chapter 244, section 4, is amended to read:

START_STATUTE11-254.07. Renewable energy incentive districts; definition

A. The board of supervisors may designate a renewable energy incentive district in any unincorporated area of the county if all of the following apply:

1. The proposed district consists of A vacant or underused parcel or parcels of property, or any other parcel or parcels of property the board of supervisors deems suitable for renewable energy equipment, that are appropriate sizes for the construction and operation of renewable energy equipment. The board of supervisors may designate large portions of unincorporated county land or noncontiguous portions of land as a renewable energy incentive district or districts.

2. The proposed district is located within an area of the county so that the construction and operation of renewable energy equipment would not be incompatible with other uses of property in the area considering factors relating to the construction and operation of renewable energy equipment including:

(a) The ability to adequately buffer the district from surrounding incompatible uses.

(b) The noise level emanating from the district alone and in relation to ambient noise levels at the perimeter of the property falling within the proposed district and relative to other adjacent lands.

(c) The extent to which the district would be located in proximity to existing transportation and electrical transmission corridors.

(d) Compatibility with commercial and military air space requirements.

3. The board of supervisors has evaluated the extent to which the proposed district is consistent with the existing county comprehensive plan and has determined that the proposed district does not conflict with the plan. The board of supervisors may determine that the district is not a major amendment to the county comprehensive plan pursuant to section 11-805.

B. Before establishing a renewable energy incentive district, the board of supervisors shall:

1. Identify the boundaries of the proposed district.

2. Notify the owners of private property in the proposed district, property managers of federal and state land in the proposed district and all adjacent property owners with land within one mile of the outer perimeter of the proposed district by first class mail sent to the addresses on the most recent tax roll.� The notice shall be mailed at least fifteen days before the hearing held pursuant to paragraph 4 of this subsection to adopt the energy incentive plan.

4. Hold at least one public hearing in the county supervisorial district in which the proposed district is located to provide information and receive public comments.

C. If, after the hearing, it appears to the board of supervisors that the public interest, convenience and welfare will be served by establishing a renewable energy incentive district, the board of supervisors may establish the district by adopting a resolution stating the reasons for establishing the district, the specific conditions described in subsection A of this section that qualify the area for a district and provisions for the orderly and beneficial redevelopment of the district.

D. C. If the board of supervisors establishes a renewable energy incentive district, it shall adopt a renewable energy incentive plan to encourage the construction and operation of renewable energy equipment in the district.� The plan may include:

1. Expedited zoning or rezoning procedures.

2. Expedited processing of plans, proposals and permits.

3. Waivers or abatement of county zoning fees, processing fees, and county improvement district fees and assessments for development activities.

4. Waiver or abatement of development standards and procedural requirements.

E. D. For the purposes of this section, "renewable energy equipment" has the same meaning prescribed in section 42‑14155. END_STATUTE

Sec. 3. Effective date

This act is effective from and after September 30, 2011.