Legislation of particular interest to Arizona real estate crowd

Posted by Staff

Arizona’s elected leaders have been busy in this new legislative session. Already state House members — from both sides of the aisle — have crafted and introduced eight real estate-related bills.

Measures to keep an eye on regarding land use issues include: A bill that expands local regulation of “investor-owned” vacation or short-term rental properties; a measure that clarifies the protest requirement concerning a municipal rezoning; and statewide legislation that would tighten water adequacy requirements for county board of supervisors vis-à-vis subdivisions.

Below are summaries of each measure along with links to PDF’s in case you’d like to read each bill in full.

H2084: 

MUNICIPAL ZONING; REZONING PROTESTS

Clarifies that the group of persons authorized to file a protest in writing against a municipal rezoning, which triggers a requirement for the rezoning to obtain a 3/4 vote of the municipal governing body for passage, is the owners of 20 percent or more of the property by area and number of lots, tracts and condominium units either within the area of the proposed change or the area within 150 feet of the proposed change, including all rights of way.

ARS Titles Affected: 9

First sponsor: Rep. Kavanagh (R – Dist 23)

NOTE: Measure was originally sponsored by the member(s) shown here. If it has been changed by amendment the sponsor(s) may or may not still support the measure.

https://www.azleg.gov/legtext/54leg/1R/bills/hb2084p.pdf

H2087: 

INVESTOR-OWNED SHORT-TERM RENTALS; LOCAL REGULATION

  The list of purposes for which municipalities and counties may regulate vacation rentals or short-term rentals is expanded to include ensuring that “investor-owned” (defined) vacation rentals or short-term rentals comply with residential use and zoning ordinances if the ordinances are applied in the same manner as other property classified as class 3 or class 4 property for property tax purposes.

ARS Titles Affected: 9 11

First sponsor: Rep. Kavanagh (R – Dist 23)

NOTE: Measure was originally sponsored by the member(s) shown here. If it has been changed by amendment the sponsor(s) may or may not still support the measure.

https://www.azleg.gov/legtext/54leg/1R/bills/hb2084p.pdf

 

H2095:

AGRICULTURAL PROPERTY CLASSIFICATION; WATER REDUCTION

Posted On:1/15 3:16 PM

For the purpose of the property tax classification as property used for agricultural purposes, property that has been in active production may be inactive or partially inactive due to a partial reduction in the available water supply or irrigation district water allotments for agriculture use in the farm unit.

ARS Titles Affected: 42

First sponsor: Rep. Cook (R – Dist 8)

Others: Rep. Campbell (R – Dist 1)Rep. Dunn (R – Dist 13)Rep. Espinoza (D – Dist 19)Rep. Finchem (R – Dist 11)Sen. Gowan (R – Dist 14)Sen. Leach (R – Dist 11)Rep. Payne (R – Dist 21)Rep. Roberts (R – Dist 11)Rep. Thorpe (R – Dist 6)

H2396:

WATER; WELL METERING; NONEXEMPT WELLS

Posted On:1/17 2:45 PM

A person who withdraws groundwater from any nonexempt well, instead of only those in active management areas, is required to use a water measuring device approved by the Department of Water Resources, unless another statutory exemption applies.

ARS Titles Affected: 45

First sponsor: Rep. Engel (D – Dist 10)

Others: Rep. Blanc (D – Dist 26)Rep. Butler (D – Dist 28)Rep. Cano (D – Dist 3)Rep. Gabaldon (D – Dist 2)Sen. Gonzales (D – Dist 3)Rep. Jermaine (D – Dist 18)Sen. Mendez (D – Dist 26)Rep. Powers Hannley (D – Dist 9)Rep. Salman (D – Dist 26)

H2397:

WATER ADEQUACY REQUIREMENTS; STATEWIDE APPLICABILITY

Posted On:1/17 9:48 PM

County boards of supervisors are required, instead of permitted, to adopt regulations requiring all subdivisions to either have a determination of an adequate water supply from the Department of Water Resources or obtain a written commitment of water service for the subdivision from a municipal or private water company designated as having an adequate water supply by the Dept.

ARS Titles Affected: 11 32 45

First sponsor: Rep. Engel (D – Dist 10)

Others: Rep. Blanc (D – Dist 26)Rep. Cano (D – Dist 3)Sen. Gonzales (D – Dist 3)Sen. Mendez (D – Dist 26)Rep. Powers Hannley (D – Dist 9)Rep. Salman (D – Dist 26)

H2434:

COLORADO RIVER TRANSFER; LIMITATION

Posted On:1/17 9:32 PM

An irrigation and water conservation district located in a county that has formed a county water authority is prohibited from transferring fourth priority Colorado River water that is subject to the Boulder Canyon Project Act to a location outside the counties in Arizona that border the Colorado River.

ARS Titles Affected: 45

First sponsor: Rep. Cobb (R – Dist 5)

Others: Rep. Biasiucci (R – Dist 5)Sen. Borrelli (R – Dist 5)

H2449:

ADEQUATE WATER SUPPLY; COUNTY REVIEW

Posted On:1/17 9:38 PM

For a county that is not in an Active Management Area, the county board of supervisors is required to review the provision for adequate water supply for a subdivision and after review may by unanimous vote at a public meeting not to readopt the provision. The review is required to occur not more than 5 years after the effective date of this legislation and every 5 to 10 years thereafter. If the board does not vote unanimously not to readopt the provision, the provision remains in effect. If the board votes unanimously not to readopt the provision, the provision has no further force if a list of specified conditions apply at the time of the vote. The board is required to give written notice of any vote not to readopt the provision to the Director of the Department of Water Resources, the Director of the Department of Environmental Quality and the State Real Estate Commissioner.

ARS Titles Affected: 11

First sponsor: Rep. Griffin (R – Dist 14)

H2476:

SURFACE WATER FORFEITURE; REPEAL

Posted On:1/17 5:12 PM

Repeals statutes governing future water rights acquired through appropriation and forfeiture or reversion of water rights due to nonuse.

ARS Titles Affected: 45

First sponsor: Rep. Bowers (R – Dist 25)

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