Bill Text: AZ HB2888 | 2020 | Fifty-fourth Legislature 2nd Regular | Introduced
Bill Title: ADEQ; tribal consultations; appropriation
Spectrum: Partisan Bill (Democrat 12-0)
Status: (Introduced - Dead) 2020-02-13 - House read second time [HB2888 Detail]
Download: Arizona-2020-HB2888-Introduced.html
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REFERENCE TITLE: ADEQ; tribal consultations; appropriation |
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State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session 2020
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HB 2888 |
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Introduced by Representatives Epstein: Blanc, Butler, Cano, Engel, Fernandez, Gabaldón, Meza, Salman, Teller, Terán, Tsosie
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AN ACT
amending Title 49, chapter 1, article 1, Arizona Revised Statutes, by adding section 49-105; appropriating monies; relating to the department of ENVIRONMENTAL quality.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 49, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 49-105, to read:
49-105. Additional duties of the department; tribal consultations; notice
A. The Department shall consult and cooperate in good faith with all federally recognized Indian Tribes within this State before adopting policies, issuing permits or approvals or making other decisions that may affect the tribes and their interests. the Department shall establish a consultation policy for each of the TWENTY-two federally recognized tribes in this state.
B. Each Tribal Consultation Policy must include at least the following:
1. Provisions developed in direct consultation with Tribal Leaders that describe the Tribe's requirements for the process that the Department will use to engage in consultation.
2. The names or positions of The appropriate points of contact for the Tribe.
3. A map or other geographic description of the areas within this state where the Department's actions shall automatically require consultation with the Tribe.
4. The following statements:
(a) The department shall carry out all consultations in a manner consistent with section 41-2051 and any Executive Order in effect regarding Consultation and Cooperation with this state's Tribes.
(b) The department shall respect the tribal sovereignty and self‑determination of the Tribe.
(c) The department shall engage in a government-to-government relationship with the Tribe.
(d) The department shall recognize the moral obligations of the trust responsibility owed by the United States to the Tribe.
(e) Tribal consultation shall be meaningful and timely to facilitate better understanding and informed decision-making.
(f) The Tribe shall be consulted throughout the department's decision-making process and before major actions are taken.
(g) The department shall consider tribal views and traditional knowledge in the development of its policies and actions that may impact the Tribe.
(h) Wherever possible, the department shall take appropriate measures to mitigate adverse environmental, economic, social, cultural or spiritual impacts to the Tribe.
C. The DEPARTMENT shall publish all tribal consultation policies on its website within Ninety days after the effective date of this section and shall notify the Governor's Office on Tribal Relations, each of the twenty-two Tribes of this state and any council or association that represents the interests of the tribes that the publication has occurred. The notice shall include instructions on how to obtain or otherwise have access to the policies. If a consultation policy is updated pursuant to subsection D of this section or for any other reason, the Department shall post the revised policy on its website and provide notice as prescribed in this subsection.
D. The department shall update each consultation policy prescribed by this section not later than December 31 of each even-numbered year in direct consultation with the tribal governments of each of the federally recognized Tribes in this state.
Sec. 2. Appropriation; department of environmental quality; exemption
A. The sum of $1,000,000 is appropriated from the state general fund in fiscal year 2020-2021 to the department of environmental quality to analyze the impact of the navigable waters protection rule finalized on January 23, 2020 by the United States army corps of engineers and the United States environmental protection agency regarding the definition of "waters of the United States" for the purpose of determining the scope of clean water act (33 United States Code sections 1251 through 1388) jurisdiction in this state.
B. The department shall consider the effects on this state's protection and enhancement of the quality of its water resources and the preservation and enhancement of this state's natural beauty. The department shall consult with individuals, organizations and government entities, including tribal governments as prescribed by section 49-105, Arizona Revised Statutes, as added by this act, to develop a state program to protect this state's water in the absence of federal protection and to adopt rules to implement that program.
C. The appropriation made in subsection A of this section is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations.
