Bill Text: AZ SB1519 | 2019 | Fifty-fourth Legislature 1st Regular | Introduced
Bill Title: Flood control districts; procedures
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-02-21 - Senate WAG Committee action: Do Pass Amended, voting: (4-3-0-0) [SB1519 Detail]
Download: Arizona-2019-SB1519-Introduced.html
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REFERENCE TITLE: flood control districts; procedures |
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State of Arizona Senate Fifty-fourth Legislature First Regular Session 2019
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SB 1519 |
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Introduced by Senator Kerr
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AN ACT
amending sections 48-3601, 48-3606 and 48-3609.02, Arizona Revised Statutes; amending title 48, chapter 21, article 1, Arizona Revised Statutes, by adding sections 48-3609.03, 48-3609.04, 48-3609.05, 48‑3609.06, 48-3609.07 and 48-3609.08; amending sections 48‑3615.01, 48‑3645, 48-3646, 48-3647 and 48-3650, Arizona Revised Statutes; relating to county flood CONTROL districts.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 48-3601, Arizona Revised Statutes, is amended to read:
48-3601. Definitions
In this article, unless the context otherwise requires:
1. "Adverse impact" means a flood hazard resulting from DEVELOPMENT in the floodway or floodplain that CAUSES any of the following:
(a) A threat to public health and safety.
(b) A rise in the base flood elevation by more than one foot.
(c) Erosion or aggravated erosion in an EROSION-prone area as DESCRIBED in 44 Code of Federal regulations section 60.5 as in EFFECT on January 1, 2019.
(d) Damage to a structure, utility or bridge.
1. 2. "Area of jurisdiction" means the incorporated and unincorporated areas of the county, including public lands, excluding those incorporated areas of cities or towns which that have elected to assume floodplain management powers and duties pursuant to section 48‑3610.
3. "Base flood ELEVATION" means the elevation of SURFACE water resulting from a flood that has a one percent chance of equaling or exceeding that level in any given year.
2. 4. "Board" means the board of directors of a flood control district organized under this article.
3. 5. "Development" means any man-made change to improved or unimproved real estate, including buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
4. 6. "District" means a flood control district organized pursuant to this article.
5. 7. "Flood" or "floodwaters" means a temporary rise in water level including groundwater or overflow of water onto lands not normally covered by water.
6. 8. "Floodplain" means any areas in a watercourse which that have been or may be covered partially or wholly by floodwater from the one hundred-year flood.
7. 9. "Floodplain regulations" means the codes, ordinances and other regulations adopted pursuant to this article relating to the use development of land and construction of commercial, residential or other structures that may divert, retard or obstruct floodwater and threaten public health or safety or the general welfare within the floodway and floodplain areas.
8. 10. "Floodway" means the area of a river or other watercourse and the adjacent land areas necessary in order to discharge the one hundred‑year flood without cumulatively increasing the water surface elevation more than one foot.
11. "Freeboard" means an additional amount of height above the base flood elevation that is used as a factor of safety in determining the level at which a structure's lowest floor must be elevated or floodproofed to be in compliance with state or local community floodplain management regulations and as determined by the director of water resources.
12. "National flood INSURANCE program" means the program of flood insurance coverage and floodplain management administered under the national flood insurance act of 1968, as amended.
9. 13. "One hundred‑year flood" or "base flood" means a flood that has a one per cent percent chance of being equalled or exceeded in a one year one‑year period, based on the criteria established by the director of water resources.
10. 14. "Person" means an individual or the individual's agent, a firm, partnership, association or corporation, or an agent of the aforementioned groups a firm, partnership, association or corporation, or this state or its agencies or political subdivisions.
11. 15. "Regulatory flood elevation" means the elevation which that is one foot above the base flood elevation for a watercourse for which the base flood elevation has been determined and shall be as determined by the criteria developed by the director of water resources for all other watercourses.
12. 16. "Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.
Sec. 2. Section 48-3606, Arizona Revised Statutes, is amended to read:
48-3606. Assistance for topographic mapping; permits; adverse impact
A. If sufficient monies have been appropriated, state monies or assistance allowed by this chapter may be provided to a district to aid in preparing topographic maps or to gather other elevation or channel cross‑sectional data necessary, as determined by the director of water resources, for making hydraulic and hydrologic computations for determining floodplain and floodway limits.
B. For any floodplain use permit considered by the district, the district shall consider any adverse impact except that the district may not consider an adverse impact on private PROPERTY unless that adverse impact has a DIRECT impact on a district-owned property or is an IMMINENT threat to public health and safety. The district may not consider or affect the private property rights of a person with respect to the private PROPERTY rights of another person.
Sec. 3. Section 48-3609.02, Arizona Revised Statutes, is amended to read:
48-3609.02. Adoption of rules; procedures; exemptions; definition
A. The board of directors shall adopt procedures for the adoption, amendment, repeal and enforcement of rules.
B. The procedures shall contain at least the following provisions:
1. The district shall provide at least two weeks' notice of a meeting at which the public is able to provide comments on the draft language of the proposed rule. The notice shall include the entire text of the draft proposed rule, and it which shall be made available to the public. The district shall accept written or verbal comments on the draft language. The district shall respond in writing to the written or oral comments not later than thirty days after the written or oral comments are submitted to the district.
2. The rulemaking shall contain a preamble that includes all of the following:
(a) The subject matter of the proposed rule.
(b) A citation to all published notices relating to the proceeding.
(c) The exact words of the proposed rule, including the full text of a new rule and any amendments to, renumbering of or repeal of a current rule.
(d) The name and address of the district personnel with whom persons may communicate regarding the rule.
(e) Where written submissions on the proposed rule may be inspected.
(f) The time during which written comments may be made and the time and place where oral comments may be made.
(g) The current status of the proposed rule.
(h) ANY KNOWN TIMETABLE FOR DISTRICT DECISIONS OR OTHER ACTION IN THE PROCEEDING.
(i) If the rulemaking is made at the request of the federal emergency management agency, the department of water resources, the board or any person, or as a result of a community audit visit recommendation, a copy of the written request from the agency, board or person, or the specific written recommendation of the community audit visit.
(j) When the rule becomes effective.
3. If the district files a notice of a proposed rulemaking, the district shall notify by first class mail, fax or e-mail each person who has requested notification of that proposed rulemaking and each person who has requested notification of all proposed rulemaking. The district shall make the notification to interested persons simultaneously with posting of the proposed rulemaking on the district's website.
2. 4. The district shall provide at least two weeks' notice of a meeting at which the final text of the proposed rule is considered by the board of directors. The notice shall include the entire text of the final version of the proposed rule, and it which shall be made available to the public. At least one week before the meeting, the district shall provide the public with the district's written responses to written public comments and may provide written responses to verbal comments.
3. 5. The district shall provide the board of directors with copies of the public comments and the district's written responses to the public comments. If as a result of public comments or internal review, the board of directors determines that the text of a proposed rule requires substantial change, the board of directors shall issue a supplemental notice containing the changes to the proposed rule and shall provide for additional public comment before adoption.
C. Notwithstanding this section, the board of directors may provide alternative procedures for the adoption of a rule if the board makes a finding that an emergency exists and adoption of the rule is necessary to protect the public health, safety or welfare, to avoid an imminent budget reduction or to avoid serious prejudice to the public interest. Within a reasonable time after adopting an emergency rule, the board of directors shall review the emergency rule to determine whether the rule should continue in effect or be terminated.
D. Notwithstanding this section, the board of directors may provide alternative procedures for the adoption of a rule if the rule is required by state or federal law or regulation, and the basis for the requirement to adopt the rule is not the result of delay or inaction by the board of directors.
E. Notwithstanding this section, the board of directors may provide alternative procedures for the expedited adoption, amendment or repeal of a rule if the expedited rulemaking does not increase the cost of regulatory compliance or reduce the procedural rights of regulated parties.
F. A rule cannot be enforced without substantial compliance with this section, except those rules that were approved by the board of directors before July 3, 2015.
G. The district may provide the notices required by this section on the district's website.
H. D. The district may meet informally with any interested party for the purpose of discussing any proposed rule.
I. E. This section does not apply to:
1. Substantive policy statements.
2. Procedural documents that only affect the internal procedures of the district and do not impose additional requirements, conditions or penalties on regulated parties.
3. Use or adoption of any form whose contents or substantive requirements are consistent with an ordinance or statute, and any procedures for the execution or use of the form.
J. F. For the purposes of this section, "rule" means a district statement of general applicability that implements, interprets or prescribes law or policy, or describes the procedure or practice requirements of a district. Rule includes prescribing fees or the amendment or repeal of an existing rule but does not include intra-agency memoranda that are not delegation agreements.
Sec. 4. Title 48, chapter 21, article 1, Arizona Revised Statutes, is amended by adding sections 48-3609.03, 48-3609.04, 48-3609.05, 48‑3609.06, 48-3609.07 and 48-3609.08, to read:
48-3609.03. Variance between rule and published notice of proposed rulemaking
A. A district may not submit a rule to the Board that is substantially different from the proposed rule contained in the notice of proposed rulemaking or a supplemental notice published by the district opening the rulemaking. The district may terminate a rulemaking proceeding and commence a new rulemaking proceeding for the purpose of making a substantially different rule.
B. In determining whether a rule is substantially different from the published proposed rule on which it is required to be based, the district must consider all of the following:
1. The extent to which all persons affected by the rule should have understood that the published proposed rule would affect their interests.
2. The extent to which the subject matter of the rule or the issues determined by that rule are different from the subject matter or issues involved in the published proposed rule.
3. The extent to which the effects of the rule differ from the effects of the published proposed rule if it had been made instead.
48-3609.04. Incorporation by reference
A. A district may incorporate by reference in district rules, and without publishing the incorporated matter in full, all or any part of a code, standard, rule or regulation of an agency of the United States or of this state or a nationally recognized organization or association, if incorporation of the text in District rules would be unduly cumbersome, expensive or otherwise inexpedient.
B. The reference in the district rules shall fully identify the incorporated matter by location, date and otherwise and shall state that the rule does not include any later amendments or editions of the incorporated matter.
C. A district may incorporate by reference such matter in district rules only if the agency, organization or association originally issuing that matter makes copies of it readily available to the public for inspection and reproduction.
D. The rules shall state where copies of the incorporated matter are available from the district issuing the rule and from the agency of the United States or this state or the organization or association originally issuing the matter.
E. A district may incorporate later amendments or editions of the incorporated matter only after compliance with the rulemaking requirements of this chapter.
48-3609.05. Invalidity of rules; preamble justification for rulemaking
A. A rule is invalid unless it is made and approved in substantial compliance with sections 48-3609.02, 48‑3609.03, 48‑3609.04, 48‑3609.05, 48‑3609.06, 48‑3609.07 and 48-3609.08, all public notice requirements, and article 2 of this chapter, unless otherwise provided by law.
B. A party may use Only the reasons contained in the preamble as justification for the making of the rule in any proceeding in which the validity of the rule is at issue.
48-3609.06. Petition for a rule or review of a district practice, substantive policy statement, final rule or unduly burdensome licensing requirement; notice
A. Any person may petition the district to do either of the following:
1. Make, amend or repeal a final rule.
2. Review an existing district practice or substantive policy statement that the person alleges to constitute a rule.
B. The district shall prescribe the form of the petition and the procedures for the petition's submission, consideration and disposition. The person shall state on the petition the rulemaking to review or the district practice or substantive policy statement to consider making into a rule.
C. Not later than sixty days after submission of the petition, the district shall do any of the following:
1. Reject the petition and state the district's reasons in writing to the petitioner.
2. Initiate rulemaking proceedings in accordance with this chapter.
3. If otherwise lawful, make a rule.
D. The district's response to the petition is open to public inspection and the response shall be conspicuously posted on the district's website.
E. If the district rejects a petition pursuant to subsection C of this section, the petitioner has thirty days to appeal to the board to review whether the existing district practice or substantive policy statement constitutes a rule. The board chairperson shall place this appeal on the agenda of the board's next meeting.
F. A person may petition the board to request a review of a final rule based on the person's belief that the final rule does not meet the requirements prescribed in section 48-3609.05.
G. If the board receives information that indicates an existing district practice or substantive policy statement may constitute a rule, that a final rule does not meet the requirements prescribed in section 48‑3609.05 or 48-3642, that an existing district practice, substantive policy statement, final rule or regulatory licensing requirement is not specifically authorized by statute pursuant to section 48‑3609.05, or that the existing district practice, substantive policy statement, final rule or regulatory licensing requirement is unduly burdensome or is not demonstrated to be necessary to specifically fulfill a public health or safety concern, the board shall:
1. notify the district that the matter has been or will be placed on an agenda.
2. Not later than thirty days after receiving notice from the board, the district shall submit a statement to the board that addresses whether the existing district practice or substantive policy statement constitutes a rule, whether the final rule meets the requirements prescribed in section 48-3609.05 or whether an existing district practice, substantive policy statement, final rule or regulatory licensing requirement meets the guidelines prescribed in this subsection.
3. Within ninety days after receipt of the person's request, determine whether the existing district practice or substantive policy statement constitutes a rule, whether the final rule meets the requirements prescribed in section 48-3609.05 or whether an existing district practice, substantive policy statement, final rule or regulatory licensing requirement meets the guidelines prescribed in this subsection.
H. For the purposes of this section, the board meeting may not be scheduled until the expiration of the district response period prescribed in subsection G of this section.
I. An existing district practice, substantive policy statement, final rule or regulatory licensing requirement considered by the board pursuant to this section shall remain in effect while under consideration by the board. If the board decides the existing district practice or substantive policy statement constitutes a rule or that the final rule does not meet the requirements prescribed in section 48-3609.05, the practice, policy statement or rule is void. If the board determines that the existing district practice, substantive policy statement, final rule or regulatory licensing requirement is unduly burdensome or is not demonstrated to be necessary to specifically fulfill a public health or safety concern and meets the requirements of subsection G of this section, the board may modify, revise or declare void any such existing district practice, substantive policy statement, final rule or regulatory licensing requirement.
J. A board decision pursuant to this section shall include findings of fact and conclusions of law, separately stated. Conclusions of law shall specifically address the district's authority to act consistent with section 48-3609.05.
K. A decision by the board pursuant to this section is not subject to judicial review, except that in addition to the procedure prescribed in this section or in lieu of the procedure prescribed in this section, a person may seek declaratory relief pursuant to section 48-3609.07.
L. Each district and the board shall post prominently on its website notice of an individual's right to petition the board for review pursuant to this section.
48-3609.07. Declaratory judgment
A. Any person who is or may be affected by a rule may obtain a judicial declaration of the validity of the rule by filing an action for declaratory relief in the superior court in accordance with title 12, chapter 10, article 2.
B. Any person who is or may be affected by an existing district practice or substantive policy statement that the person alleges to constitute a rule may obtain a judicial declaration on whether the practice or substantive policy statement constitutes a rule by filing an action for declaratory relief in the superior court in accordance with title 12, chapter 10, article 2.
48-3609.08. Rules; restrictions; affirmative defense; exceptions; definition
A. Notwithstanding any other law, a DISTRICT may not adopt any new rule that would increase existing regulatory restraints or burdens on the free exercise of property rights or the freedom to engage in an otherwise lawful business or occupation unless the rule is either of the following:
1. A component of a comprehensive effort to reduce regulatory restraints or burdens.
2. Necessary to implement statutes or required by a final court order or decision.
B. Any person who is subject to a civil or criminal proceeding arising from the enforcement of a rule in violation of subsection A of this section has an affirmative defense to the enforcement action. Any court or administrative body considering or reviewing the defense shall rule on its merits without deference to any legislative, administrative or executive finding concerning the rule. The court or administrative body may award the prevailing party, other than the DISTRICT, attorney fees and costs.
C. This section does not apply to rules that either:
1. Govern public employees.
2. Are necessary to protect public health and safety.
3. Are necessary to avoid sanctions that would result from a failure to take rulemaking action pursuant to a court order or federal law.
D. For the purposes of this section, "to protect public health and safety" means the immediate need to address or prevent a disaster or any other catastrophic event.
Sec. 5. Section 48‑3615.01, Arizona Revised Statutes, is amended to read:
48-3615.01. Notice of violation; hearing; final decision; civil penalty; injunctive relief
A. If the chief engineer finds that a person has engaged or is engaging in development in the floodplain without a floodplain use permit, has engaged or is engaging in any development that is not in compliance with an active floodplain use permit or has damaged or interfered with facilities that are authorized pursuant to this chapter without written authorization of the board of directors, the chief engineer shall issue a notice of violation to the owner, occupant or manager of the real property on which the development is located or to the person who has damaged or interfered with the facilities. The notice of violation shall identify the violations observed and order the violator to cease and desist any ongoing activity that is not in compliance with the regulations adopted pursuant to this chapter or cease and desist any damage or interference that is not authorized by the board. The notice of violation shall include the date and time by which the person must mail or deliver a response to the notice of violation.
B. On receipt of the notice of violation, the person may:
1. Admit the allegations by mailing or delivering to the chief engineer a form provided with the notice of violation or a written statement signed by the person in which the person admits the allegations, agrees to acquire any required permit and agrees to remedy the violation, damage or interference in accordance with the terms determined by the chief engineer.
2. Deny the allegations by mailing or delivering to the chief engineer a form provided with the notice of violation or a written statement signed by the person denying the allegations and requesting a hearing on the matter. At the same time and with the same form and if the form contains the request by the person for a stay, the chief engineer shall issue a stay of any cease and desist order unless there is a threat to the public health or safety or to another person's property rights other adverse impact.
C. On request for a hearing, the hearing officer shall set a date, time and place for a hearing and serve a notice of hearing on the person alleged to be in violation and provide a notice of the hearing to the chief engineer. Service of notice shall be by personal delivery or certified mail, return receipt requested, or by any other method reasonably calculated to effect actual notice on the alleged violator, the chief engineer and every other party to the action.
D. The hearing officer shall be appointed by the board of directors and may be an employee of the district. The notice of violation shall serve as the complaint and the request for hearing shall serve as the answer. Decisions of the hearing officer or by the board of hearing review shall be available to any party to the hearing. The board of directors shall adopt written rules of procedure for the hearing and review of hearings. These rules shall be adopted in the same manner as floodplain ordinances.
E. At the hearing, a representative of the district shall present evidence of the violation described in the notice of hearing. The county attorney may present evidence on behalf of the district. The noticed party or attorney or other designated representative shall be given the opportunity to present evidence at the hearing. After completion of the hearing, the hearing officer shall issue a written finding and a recommendation for the appropriate measures to be taken to abate or ameliorate any harm or damage arising from the violation and for the imposition of any civil penalties attributed to the violation.
F. The hearing officer's written finding shall be submitted to the chief engineer and the noticed party within thirty days after the date of the hearing. On receipt of the hearing officer's findings, determination and recommendation, the chief engineer shall issue a final decision and order. The chief engineer's final decision and order may be in any form as adopted by the board of directors pursuant to its authority under this chapter and may include a determination of violation, an order directing that measures be taken to abate or ameliorate any harm or damage arising from the violation and the imposition of a civil penalty. By agreement with the person in violation, the chief engineer may order a nonmonetary penalty that serves the purposes of the district.
G. In a county with a population of less than one hundred seventy-five thousand persons, the district may adopt a procedure in which the hearing officer issues a written finding and a final decision and order. The hearing officer's final decision and order may be in any form as adopted by the board of directors pursuant to its authority under this chapter and may include a determination of violation, an order directing that measures be taken to abate or ameliorate any harm or damage arising from the violation and the imposition of a civil penalty. On recommendation of the chief engineer and with the agreement of the person in violation, the hearing officer may order a nonmonetary penalty that serves the statutory purposes of the district.
H. On written request of any party who is subject to the decision and order of the chief engineer or hearing officer pursuant to this section, the board of hearing review may review any decision and order of the chief engineer or hearing officer. The written request for review shall be delivered to the clerk of the board of directors within fifteen days after the date of the final decision and order. The written request shall identify specifically the section or sections of the chief engineer's or hearing officer's final order that is requested to be reviewed by the board of hearing review.
I. The board of hearing review shall set a time and date to hear the matter requested for review. The hearing shall be conducted based on the information presented to the chief engineer or hearing officer in issuing the final decision and order or, in an appeal from a determination of a violation by a hearing officer, the record before the hearing officer. The information presented to the chief engineer or hearing officer in issuing the final decision and order shall be made available to all parties on request. Based on the record before the board of hearing review, the board may deny, approve or modify the order of the chief engineer or the order of the hearing officer. The board shall issue a written order of its decision, including findings of fact and conclusions of law, and shall submit its final written order on the matter to the chief engineer within thirty days after completion of the hearing.
J. If the person alleged to be in violation continues the violation after the chief engineer or hearing officer has issued a final decision and order or after the board of hearing review has completed its review pursuant to this section, the chief engineer may apply for a temporary restraining order or preliminary or permanent injunction from the superior court according to the Arizona rules of civil procedure. A decision to seek injunctive relief does not preclude other forms of relief or enforcement against the violator. The remedies prescribed by this section are cumulative and do not prevent the district from seeking injunctive relief at any time.
K. The chief engineer may designate another person to carry out the chief engineer's powers and duties prescribed by this section and that designee is authorized to take all actions prescribed by this section in place of the chief engineer.
Sec. 6. Section 48-3645, Arizona Revised Statutes, is amended to read:
48-3645. Licensing time frames; compliance; consequence for failure to comply with time frame; exemptions; definitions
A. For any new ordinance or regulation requiring a license, a district shall have in place an overall time frame during which the district will either grant or deny each type of license that it issues. The overall time frame for each type of license shall state separately the administrative completeness review time frame and the substantive review time frame and shall be posted on the district's website, if the district maintains a website.
B. On or before December 31, 2012, a district that issues licenses required under existing ordinances or codes shall have in place an overall time frame during which the district will either grant or deny each type of license that it issues. The overall time frame for each type of license shall state separately the administrative completeness review time frame and the substantive review time frame and shall be posted on the district's website, if the district maintains a website. Districts shall prioritize the establishment of time frames for those licenses that have the greatest impact on the public.
C. In establishing time frames, districts shall consider all of the following:
1. The complexity of the licensing subject matter.
2. The resources of the district.
3. The economic impact of delay on the regulated community.
4. The impact of the licensing decision on public health and safety.
5. The possible use of volunteers with expertise in the subject matter area.
6. The possible increased use of general licenses for similar types of licensed businesses or facilities.
7. The possible increased cooperation between the district and the regulated community.
8. Increased district flexibility in structuring the licensing process and personnel including:
(a) master planned communities.
(b) Suspension of the substantive and overall time frames for purposes including delays caused by the need for public hearings, state or federal approvals or approvals from public utilities on residential or commercial development projects.
9. That the substantive review and overall time frames do not include the time required by the applicant to obtain other nondistrict licenses or to participate in meetings as required by law.
D. A district shall issue a written or electronic notice of administrative completeness or deficiencies to an applicant for a license within the administrative completeness review time frame. If the permit sought requires approval of more than one department of the district, each department may issue a written or electronic notice of administrative completeness or deficiencies.
E. If a district determines that an application for a license is not administratively complete, the district shall include a one comprehensive list of the specific deficiencies in the written or electronic notice provided pursuant to subsection D of this section. The WRITTEN notice of deficiencies shall include a specific list of the missing information necessary for the administrative REVIEW. If the district issues a written or electronic notice of deficiencies within the administrative completeness time frame, the administrative completeness review time frame and the overall time frame are suspended from the date the notice is issued until the date that the district receives the missing information from the applicant. The district may issue an additional written or electronic notice of administrative completeness or deficiencies based on the applicant's submission of missing information. If the permit sought requires approval of more than one department of the district, each department may issue an additional written or electronic notice of administrative completeness or deficiencies based on the applicant's submission of missing information If THE applicant cannot submit the missing information within the administrative completeness review time frame, the applicant may request an extension by submitting a written request to the district postmarked or delivered to the district not later than sixty days after the date of the notice. The written request for EXTENSION shall describe the reasons for the applicant's inability to comply with the administrative completeness review time frame. The district shall act on the APPLICANT'S request for extension not later than thirty DAYS after receiving the written request. If the applicant fails to submit the missing information within the extension period, the DISTRICT may CLOSE the APPLICANT'S file. An applicant WHOSE file has been CLOSED and who later seeks a license shall submit a new application.
F. If a district does not issue a written or electronic notice of administrative completeness or deficiencies within the administrative completeness review time frame, the application is deemed administratively complete. If a district issues a timely written or electronic notice of deficiencies, an application shall is not be complete until all requested information has been received by the district. A district may consider an application withdrawn if by fifteen days or longer after the date of the notice, as established by the district, the applicant does not supply the documentation or information requested or an explanation of why the information cannot be provided within the established time period.
G. During the substantive review time frame, a district may make one comprehensive written or electronic request for corrections. If the district identifies legal requirements that were not included in the comprehensive request for corrections, the district may amend the comprehensive request for corrections once to include the legal requirements and the legal authority for the requirements. If the permit sought requires approval of more than one department of the district, each department may issue a comprehensive written or electronic request for corrections. If the applicant fails to resolve an issue identified in a request for corrections, the district may make supplemental written or electronic requests for corrections that are limited to issues previously identified in a comprehensive request for corrections additional information. If a district issues a comprehensive written or electronic request or a supplemental request for corrections information by written mutual agreement for additional information, the substantive review time frame and the overall time frame are suspended from the date the request is issued until the date that the district receives the corrections additional information from the applicant. If an applicant requests significant changes, alterations, additions or amendments to an application that are consistent with the purposes of the original application and that are not in response to a request for correction, a district may make one additional comprehensive written or electronic request for corrections and may have no more than an additional fifty per cent of the substantive review time frame as established by the district for that license to grant or deny the license. Nothing shall prevent communication between a district and an applicant regarding a comprehensive written or electronic request for corrections or a supplemental request for corrections. A district may consider an application withdrawn if, by thirty days or more after the date of notice, as established by the district, the applicant does not supply the documentation or information requested or an explanation of why the information cannot be provided within the established time period.
H. Nothing shall prevent the district from continuing to process the application during the suspension of the substantive review time frame and overall time frame.
I. H. By mutual written or electronic agreement, a district and an applicant for a license may extend the substantive review time frame and the overall time frame. An extension of the substantive review time frame and the overall time frame may not exceed fifty per cent twenty-five percent of the overall time frame.
J. I. Unless a district and an applicant for a license mutually agree to extend the substantive review time frame and the overall time frame pursuant to subsection I H of this section, a district shall issue a written or electronic notice granting or denying a license to an applicant. If a district denies or withdraws an application for a license, the district shall include in the written or electronic notice at least the following information:
1. Justification for the denial or withdrawal with references to the statutes, ordinances, executive orders, substantive policy statements or delegation agreements or rules on which the denial or withdrawal is based.
2. An explanation of the applicant's right to appeal the denial or withdrawal. The explanation shall include the number of working days in which the applicant must file a protest challenging the denial or withdrawal and the name and telephone number of a district contact person who can answer questions regarding the appeals process.
3. An explanation of the applicant's right to resubmit the application, the total amount of fees that will be assessed if the applicant resubmits the application and the method in which the fees were calculated.
K. J. If a district does not issue to the applicant the written or electronic notice granting or denying a license within the overall time frame or within the mutually agreed upon on time frame extension, the district shall refund to the applicant all fees charged for reviewing and acting on the application for the license and shall excuse payment of any fees that have not yet been paid. The district shall not require an applicant to submit an application for a refund pursuant to this subsection. The refund shall be made within thirty working days after the expiration of the overall time frame or the time frame extension. The district shall continue to process the application. Notwithstanding any other statute, the district shall make the refund from the fund in which the application fees were originally deposited. The right to receive a refund of fees charged for reviewing and acting on the application for the license may not be waived by the applicant. This subsection applies only to license applications that are subject to SUBSTANTIVE review.
K. An application is deemed denied if the time for the overall time frame expires, the applicant has not RESPONDED to the request for additional information for the SUBSTANTIVE review and the DISTRICT and the applicant have not mutually agreed to a SUPPLEMENTAL request for information or an extension of the overall TIME FRAME. The district shall notify the applicant that the application is deemed denied THREE hundred sixty-five days after the applicant submitted the application.
L. If an application for a license is denied because revisions or corrections were not submitted or considered within the allowed time frame, or withdrawn, and the applicant resubmits the application for the same purposes with only revisions or corrections to the original application, the district shall not assess any additional fees that exceed fifty per cent of the original permit fee that has not been refunded to the applicant provided that the application is submitted before the time of destruction of the original application file pursuant to section 41‑151.15. This subsection does not apply to license applications that were denied for disqualifying criminal convictions or that were submitted fraudulently. Except for license applications that were not subject to substantive REVIEW, the district shall pay a penalty to the county general fund for each MONTH after the expiration of the overall time frame or the time frame extension until the district issues written notice to the applicant granting or DENYING the LICENSE. The district shall pay the PENALTY from the agency fund in WHICH the application fees were originally DEPOSITED. The penalty shall be two and one-half percent of the total fees received by the district for reviewing and acting on the application for each license that the district has not granted or DENIED on the last day of each month after the expiration of the overall TIME FRAME or TIME FRAME extension FOR that license.
M. L. This section does not apply to a license that is either:
1. Issued within seven working days after receipt of the initial application or a permit that expires within twenty-one working days after issuance.
2. Necessary for the construction or development of a residential lot, including swimming pools, hardscape and property walls, subdivisions a subdivision or a master planned community.
N. M. For the purposes of this section:
1. "Master planned community" means development by one or more developers of real estate that consists of residential, commercial, education, health care, open space and recreational components and that is developed pursuant to a long‑range, multiphase master plan providing comprehensive land use planning and staged implementation and development.
2. "Subdivision" means improved or unimproved land or lands divided for the purposes of financing, sale or lease, whether immediate or future, into four or more lots, tracts or parcels of land, or, if a new street is involved, any such property that is divided into two or more lots, tracts or parcels of land, or, any such property, the boundaries of which have been fixed by a recorded plat, which is divided into more than two parts. Subdivision includes any condominium, cooperative, community apartment, townhouse or similar project containing four or more parcels, in which an undivided interest in the land is coupled with the right of exclusive occupancy of any unit located thereon, but plats of such projects need not show the buildings or the manner in which the buildings or airspace above the property shown on the plat are to be divided.
Sec. 7. Section 48-3646, Arizona Revised Statutes, is amended to read:
48-3646. License application process
A district that issues licenses shall provide the following information to an applicant at the time the applicant obtains an application for a license:
1. A list of all of the steps the applicant is required to must take in order to obtain the license.
2. The applicable licensing time frames.
3. The name and telephone number of a district contact person who can answer questions or provide assistance throughout the application process.
4. The website address and any other information, if applicable, to allow the regulated person to utilize electronic communication with the district.
5. Notice that an applicant may receive a clarification from the district of its interpretation or application of a statute, ordinance, or regulation, executive order, delegation agreement or authorized substantive policy statement as provided in section 48‑3649.
Sec. 8. Section 48-3647, Arizona Revised Statutes, is amended to read:
48-3647. Directory of documents
A. The district shall publish, or prominently and CONSPICUOUSLY place on the district website, at least annually, a directory summarizing the subject matter of all currently applicable ordinances, rules, regulations and substantive policy statements. The district shall keep copies of this directory and all rules, ordinances, REGULATIONS, substantive policy statements and any MATERIALS INCORPORATED by reference at one location AND shall post on the WEBSITE the location where the public may INSPECT the rules, ordinances, regulations, SUBSTANTIVE policy statements and INCORPORATIONS by reference. The directory, ordinances, regulations, rules, substantive policy statements and any materials incorporated by reference in these documents shall be open to public inspection at the office of the district or the district website.
B. THE DISTRICT SHALL ENSURE THAT THE FIRST PAGE OF EACH SUBSTANTIVE POLICY STATEMENT INCLUDES THE FOLLOWING NOTICE:
THIS SUBSTANTIVE POLICY STATEMENT IS ADVISORY ONLY. A SUBSTANTIVE POLICY STATEMENT DOES NOT INCLUDE INTERNAL PROCEDURAL DOCUMENTS THAT ONLY AFFECT THE INTERNAL PROCEDURES OF THE AGENCY AND DOES NOT IMPOSE ADDITIONAL REQUIREMENTS OR PENALTIES ON REGULATED PARTIES OR INCLUDE CONFIDENTIAL INFORMATION OR RULES MADE IN ACCORDANCE WITH SECTION 48‑3609.02, Arizona Revised Statutes. IF YOU BELIEVE THAT THIS SUBSTANTIVE POLICY STATEMENT IMPOSES ADDITIONAL REQUIREMENTS OR PENALTIES ON REGULATED PARTIES YOU MAY PETITION THE DISTRICT UNDER SECTION 48-3609.06, ARIZONA REVISED STATUTES, FOR A REVIEW OF THE STATEMENT.
C. The DISTRICT SHALL POST ON THE DISTRICT'S WEBSITE:
1. THE FULL TEXT OF EACH RULE, ORDINANCE OR REGULATION CURRENTLY IN USE.
2. EACH SUBSTANTIVE POLICY STATEMENT CURRENTLY IN USE, INCLUDING ITS FULL TEXT.
3. THE NOTICE REQUIRED IN SUBSECTION B of this section.
Sec. 9. Section 48-3650, Arizona Revised Statutes, is amended to read:
48-3650. Exemptions
This article does not apply to:
1. An ordinance, rule or regulation or substantive policy statement that relates to only the internal management of a district and that does not directly and substantially affect the procedural or substantive rights or duties of any segment of the public.
2. An ordinance, rule or regulation or substantive policy statement that relates to only the physical servicing, maintenance or care of district owned or operated facilities or property.
3. An ordinance, regulation or substantive policy statement relating to a district contract.
