Bill Text: AZ HB2459 | 2012 | Fiftieth Legislature 2nd Regular | Introduced
Bill Title: Forest restoration; federal coordination
Spectrum: Partisan Bill (Republican 7-0)
Status: (Introduced - Dead) 2012-01-19 - Referred to House ENR Committee [HB2459 Detail]
Download: Arizona-2012-HB2459-Introduced.html
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REFERENCE TITLE: forest restoration; federal coordination |
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State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012
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HB 2459 |
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Introduced by Representatives Barton, Burges, Crandell, Senator Allen: Representatives Fann, Gowan, Yee
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AN ACT
Amending title 37, chapter 2.1, article 1, Arizona Revised Statutes, by adding section 37-625; relating to the state forester.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 37, chapter 2.1, article 1, Arizona Revised Statutes, is amended by adding section 37-625, to read:
37-625. Federal and state coordination of forestry regulations; standing; definitions
A. If the state forester has laws, regulations, plans or policies that are less restrictive than a federal forest regulation, rule, plan or policy relating to timber management, range management, water and other resource protection and forest restoration, the state forester shall demand by any lawful means that the federal government coordinate with the state forester before the federal government implements, enforces, expands or extends the federal regulation, rule, plan or policy in this state. This subsection is mandatory unless the state forester specifically determines to not demand coordination.
B. If the federal government fails to coordinate in good faith with the state forester, the state forester shall hold public hearings, consider the evidence and determine whether to litigate to enforce this state's coordination rights.
C. If a person who resides or does business in this state serves the state forester with a written demand that the state forester comply with this section and, within sixty days after service of the written demand, the state forester fails to comply with this section in a manner that causes injury to the person, the person may submit to the state forester a written demand for a response. The written demand must specify the law, regulation, plan or policy with which the federal government failed to coordinate. Within thirty days after receiving the written demand for a response, the state forester shall hold a public hearing to present information on the decision not to demand coordination.
D. For the purposes of this section:
1. "Coordinate" means the action necessary to achieve coordination.
2. "Coordination" means the process by which the federal government seeks in good faith to reach consistency between a federal regulation, rule, plan or policy and a law, regulation, plan or policy of the state forester that is less restrictive than the federal regulation, rule, plan or policy.
3. "Less restrictive" means a law, regulation, plan or policy of the state forester imposes or would impose less of a burden on the exercise of rights, privileges or immunities enjoyed by individuals, organizations and businesses in this state.
Sec. 2. Emergency
This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.
