Bill Text: AZ SB1258 | 2021 | Fifty-fifth Legislature 1st Regular | Chaptered
Bill Title: State of emergency; tolling; permits
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2021-04-09 - Chapter 212 [SB1258 Detail]
Download: Arizona-2021-SB1258-Chaptered.html
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House Engrossed Senate Bill
state of emergency; tolling; permits |
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State of Arizona Senate Fifty-fifth Legislature First Regular Session 2021
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CHAPTER 212
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SENATE BILL 1258 |
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AN ACT
amending title 26, chapter 2, article 1, Arizona Revised Statutes, by adding section 26-321; relating to emergency management.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 26, chapter 2, article 1, Arizona Revised Statutes, is amended by adding section 26-321, to read:
26-321. State of emergency; tolling; permit, license, approval or other authorization; extension; requirements; exceptions; definitions
A. A state of emergency proclamation by the governor in response to an event that causes this state or a county, city or town to alter or limit ordinary government operations tolls the period remaining to exercise the rights under any permit, license, approval or other authorization necessary for subdividing land, developing land, constructing buildings or constructing, repairing, replacing or modifying any improvement to real property issued by the department of environmental quality or a county, city or town.
B. The tolling period prescribed by subsection A of this section runs from the date the issuing authority determines that the ordinary government operations in effect before the state of emergency proclamation WERE ALTERED OR LIMITED UNTIL THE DATE THE ISSUING AUTHORITY DETERMINES that the authority HAS RETURNED TO THE ORDINARY GOVERNMENT OPERATIONS IN EFFECT before THE STATE OF EMERGENCY PROCLAMATION and the period remaining to exercise the rights under the permit, license, approval or other authorization is extended for an additional six months after the tolling period. IF THE PERMIT, LICENSE, APPROVAL OR OTHER AUTHORIZATION DOES NOT EXPIRE DURING THE TOLLING AND EXTENSION PERIOD, THE ORIGINAL EXPIRATION DATE SHALL BE RETAINED UNLESS EXTENDED AT THE DISCRETION OF THE ISSUING AUTHORITY. THE ISSUING AUTHORITY MAY REQUIRE WRITTEN NOTICE OF INTENT TO EXTEND A PERMIT, LICENSE, APPROVAL OR OTHER AUTHORIZATION AS A CONDITION OF EXERCISING THE EXTENSION PERIOD UNDER THIS SECTION, EXCEPT THAT THE ISSUING AUTHORITY MUST PROVIDE ACTUAL WRITTEN NOTICE TO THE HOLDER OF THE PERMIT, LICENSE, APPROVAL OR OTHER AUTHORIZATION OF SUCH A REQUIREMENT AT LEAST THIRTY DAYS before THE EXPIRATION OF THE PERMIT, LICENSE, APPROVAL OR OTHER AUTHORIZATION.
C. THE ISSUING AUTHORITY SHALL CONSPICUOUSLY POST A STATEMENT ON ITS WEBSITE AS SOON AS PRACTICABLE FOLLOWING THE DETERMINATION THAT the authority HAS RETURNED TO THE ORDINARY GOVERNMENT OPERATIONS IN EFFECT before THE STATE OF EMERGENCY proclamation was issued that INCLUDES:
1. THE DATE ON WHICH THE ISSUING AUTHORITY DETERMINED THAT the authority's ORDINARY GOVERNMENT OPERATIONS WERE ALTERED OR LIMITED.
2. THE DATE ON WHICH THE ISSUING AUTHORITY RETURNED TO ORDINARY GOVERNMENT OPERATIONS IN EFFECT before THE STATE OF EMERGENCY PROCLAMATION was issued.
3. THE DATE ON WHICH THE PERMIT, LICENSE, APPROVAL OR OTHER AUTHORIZATION EXTENDED UNDER SUBSECTION B OF THIS SECTION WILL EXPIRE AND NOTICE THAT ANY PERMIT, LICENSE, APPROVAL OR OTHER AUTHORIZATION THAT EXPIREs AFTER THAT DATE WILL RETAIN ITS ORIGINAL EXPIRATION DATE.
4. THE PROCESS FOR THE HOLDER of the permit, license, approval or other authorization TO PROVIDE WRITTEN NOTICE OF INTENT TO EXERCISE THE EXTENSION PERIOD PROVIDED BY THIS SECTION, IF REQUIRED BY THE ISSUING AUTHORITY AS PROVIDED BY THIS SECTION.
d. A permit, license, approval or other authorization that is extended by this section shall be governed by the laws, administrative rules, ordinances and other legal requirements that governed the activity or conduct authorized by the permit, license, approval or other authorization on the effective date of the state of emergency, unless any party or the issuing authority demonstrates that operating under those laws, administrative rules, ordinances or other legal requirements will create an immediate threat to the public health or safety.
E. Unless otherwise prohibited during the state of emergency and except as provided by this section, during the tolled and extended period, the issuing authority may not prohibit or impose any penalty or fine for any activity if the activity was allowed under the permit, license, approval or other authorization issued before or during the state of emergency.
F. If a permit, license, approval or other authorization for a phased development or construction project is extended, the commencement dates or completion dates for any required future work, permits, licenses, approvals or other authorizations are extended so that those activities occur in the same time frame relative to the phase as originally permitted, licensed, approved or otherwise authorized.
G. This section does not apply to:
1. A permit, license, approval or other authorization for activity located outside the area for which the state of emergency applies.
2. A permit, license, approval or other authorization of which the extension is prohibited or otherwise regulated by federal law or requires approval by a federal agency.
3. The holder of a permit, license, approval or other authorization that, before the effective date of the state of emergency, is determined by the issuing authority to be in significant noncompliance with the conditions of the permit, license, approval or other authorization through the issuance of a warning letter or notice of violation, the initiation of formal enforcement or an equivalent action.
4. A permit, license, approval or other authorization that is subject to a court order specifying an expiration date that would be in conflict with an extension prescribed by this section.
5. A transaction privilege tax license issued by this state or a county, city or town.
6. A business license issued by a county, city or town.
H. This section does not:
1. restrict this state or a county, city or town from requiring property to be maintained and secured in a safe and sanitary condition in compliance with applicable laws, administrative rules, ordinances or other legal requirements.
2. Prevent a county health department from collecting fees for a permit, license, approval or other authorization for programs and activities delegated by the department of environmental quality and department of health services.
3. Prevent this state or a county, city or town from collecting an annual fee required to maintain a permit, license, approval or other authorization in good standing.
I. For the purposes of this section:
1. "ISSUING AUTHORITY" MEANS THE DEPARTMENT OF ENVIRONMENTAL QUALITY OR A COUNTY, CITY OR TOWN THAT ISSUED a PERMIT, LICENSE, APPROVAL OR OTHER AUTHORIZATION DESCRIBED IN THIS SECTION.
2. "ordinary government operations" includes maintaining hours of operation, allowing physical or public access to government buildings or facilities, visiting and inspecting businesses, processing applications, making personnel available and conducting governing board meetings.
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.
APPROVED BY THE GOVERNOR APRIL 9, 2021.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 9, 2021.
