HB 2441 — state tree; residential planning

Senate Engrossed House BillEngrossed state tree;

residential planning (now:State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session HOUSE BILL 2441 AN ACT AMENDING TITLE 9, CHAPTER 4, ARTICLE 6, ARIZONA REVISED STATUTES, BY ADDING SECTION 9-461.18;

standpipeAMENDING service;TITLE 11, CHAPTER 6, ARTICLE 1, ARIZONA REVISED STATUTES, BY ADDING SECTION 11-810.01;

continuation;RELATING TO MUNICIPAL AND COUNTY PLANNING.

emergency) State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session HOUSE BILL 2441 AN ACT RELATING TO MUNICIPAL WATER SERVICE.

CityTitle or9, townchapter water4, servicearticle outside6, cityArizona orRevised town;Statutes, is amended by adding section 9-461.18, to read:

requirements;9-461.18.

delayedResidential repealplanning; A.

Onstate thetree effectiveNOTWITHSTANDING dateANY ofOTHER thisLAW, section,A aMUNICIPALITY cityMAY orNOT townADOPT thatA providesLAND waterUSE serviceREGULATION inOR aGENERAL countyOR withSPECIFIC aPLAN populationPROVISION, ofENFORCE moreANY thanORDINANCE, oneCODE millionOR fiveREGULATION hundredOR thousandIMPOSE personsAS shallA executeCONDITION aFOR treatAPPROVING andA transportBUILDING agreementOR withUSE onePERMIT orANY moreREGULATION thirdTHAT partiesPROHIBITS and,OR forRESTRICTS aTHE periodUSE ofOR notPLACEMENT moreOF thanTHE threeSTATE years,TREE shallAS treatPRESCRIBED andIN transportSECTION water41-856 toIN aA standpipeRESIDENTIAL andHOUSING allowDEVELOPMENT. use of the standpipe for water to be hauled to residences that are outside the city's or town's water service area if all of the following apply:

1.THIS SECTION DOES NOT APPLY TO THE ENFORCEMENT OF EASEMENTS, PRESCRIPTIVE RIGHTS, RULES OR REGULATIONS OF A UTILITY FOR SAFETY AND RELIABILITY.

TheSec. number of residences to be served is not more than seven hundred fifty, and the residences are in an area that is an unincorporated community within the county and adjacent to the city or town.

TheTitle city11, orchapter town6, previouslyarticle provided1, standpipeArizona serviceRevised toStatutes, wateris haulersamended thatby deliveradding watersection to11-810.01, the residences and the city or town ceased providing that service pursuant to aread: drought management plan adopted by the city or town.

3.11-810.01.

BeforeResidential ceasingplanning; standpipe service, the city or town had an opportunity to execute a treat and transport agreement with one or more third parties that would have allowed the city or town to continue providing standpipe service to the water haulers at no cost to the city or town but the city or town did not execute the agreement before the effective date of this section.

4.state tree NOTWITHSTANDING ANY OTHER LAW, A COUNTY MAY NOT ADOPT A LAND USE REGULATION OR GENERAL OR SPECIFIC PLAN PROVISION, ENFORCE ANY ORDINANCE, CODE OR REGULATION OR IMPOSE AS A CONDITION FOR APPROVING A BUILDING OR USE PERMIT ANY REGULATION THAT PROHIBITS OR RESTRICTS THE USE OR PLACEMENT OF THE STATE TREE AS PRESCRIBED IN SECTION 41-856 IN A RESIDENTIAL HOUSING DEVELOPMENT.

ThereTHIS isSECTION noDOES otherNOT sourceAPPLY ofTO waterTHE forENFORCEMENT thoseOF personsEASEMENTS, withinPRESCRIPTIVE tenRIGHTS, milesRULES ofOR theirREGULATIONS residences.OF A UTILITY FOR SAFETY AND RELIABILITY.

5.- 1 -

The city or town is reimbursed for the full reasonable costs of treating and transporting the water and allowing the water to be hauled from the standpipe as prescribed by this section.

The city or town shall not charge residences, water haulers or other third parties prescribed by this section for water-related costs, expenses and acre-feet of water that do not provide a direct benefit to the residences.

6.

Treating and transporting the water to and allowing the water to be hauled from the standpipe does not, without the city's or town's consent, reduce the amount of water available to residences and businesses within the city's or town's water service area or to residences and businesses outside of the city's or town's water service area with whom the city or town has directly contracted to provide water through means other than water hauling.

B.

A city or town that treats and transports water and that allows water to be hauled from a standpipe pursuant to subsection A of this section shall do all of the following either directly or by way of a contract with one or more third parties:

1.

Treat and transport water to the standpipe.

2.

Allow the water to be received at the standpipe and delivered pursuant to this section through water haulers that have established a - 1 - H.B.

2441 water hauling account with the city or town or its contractors.

Self hauling of water is allowed.

3.

Bill and collect from the water haulers the reasonable cost of treating and transporting the water to and allowing the water to be hauled from the standpipe pursuant to this section, which shall not exceed $20 per each one thousand gallons.

4.

Provide annually not less than one hundred fifty acre-feet of water at the standpipe.

C.

A city, town or third party that secures, procures or provides water for treatment, transportation and water hauling pursuant to this section shall disclose to the public the source and quantity of the water provided.

D.

A city or town that treats and transports water and that allows water to be hauled from a standpipe pursuant to subsection A of this section is not liable for any actions taken or omissions after water is received by a water hauler at the standpipe.

E.

A city, town or third party that secures, procures or provides water for treatment, transportation and water hauling pursuant to subsection A of this section may not reduce or suspend the amount of water provided pursuant to this section for any reason except if the city, town or third party has disclosed the source and quantity of the water pursuant to subsection C of this section and that source has been reduced or suspended by a proportionate amount outside the city's, town's or third party's control.

F.