| 1 | 1 | | REFERENCE TITLE: disaster; reimbursement of emergency expenses State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022 HB 2329 Introduced by Representative Payne AN ACT repealing section 35-192, Arizona Revised Statutes, as amended by laws 2021, chapter 405, section 9; amending section 35-192, Arizona Revised Statutes, as amended by laws 2016, chapter 128, section 51; amending sections 35-192.01 and 48-3609, Arizona Revised Statutes; relating to reimbursement of emergency expenses. (TEXT OF BILL BEGINS ON NEXT PAGE) |
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| 9 | 9 | | REFERENCE TITLE: disaster; reimbursement of emergency expenses |
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| 10 | 10 | | State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022 |
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| 11 | 11 | | HB 2329 |
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| 12 | 12 | | Introduced by Representative Payne |
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| 14 | 14 | | REFERENCE TITLE: disaster; reimbursement of emergency expenses |
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| 24 | 24 | | State of Arizona |
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| 26 | 26 | | House of Representatives |
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| 28 | 28 | | Fifty-fifth Legislature |
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| 30 | 30 | | Second Regular Session |
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| 32 | 32 | | 2022 |
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| 40 | 40 | | HB 2329 |
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| 44 | 44 | | Introduced by |
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| 46 | 46 | | Representative Payne |
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| 52 | 52 | | AN ACT |
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| 56 | 56 | | repealing section 35-192, Arizona Revised Statutes, as amended by laws 2021, chapter 405, section 9; amending section 35-192, Arizona Revised Statutes, as amended by laws 2016, chapter 128, section 51; amending sections 35-192.01 and 48-3609, Arizona Revised Statutes; relating to reimbursement of emergency expenses. |
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| 62 | 62 | | (TEXT OF BILL BEGINS ON NEXT PAGE) |
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| 66 | 66 | | Be it enacted by the Legislature of the State of Arizona: Section 1. Repeal Section 35-192, Arizona Revised Statutes, as amended by Laws 2021, chapter 405, section 9, is repealed. Sec. 2. Section 35-192, Arizona Revised Statutes, as amended by Laws 2016, chapter 128, section 51, is amended to read: START_STATUTE35-192. Authorization for declaration of disaster; authorization for liabilities and expenses; priorities and limitations; review and report of expenditures A. The governor may declare an emergency arising from major disasters as provided in this section and incur liabilities therefor, regardless of whether or not the legislature is in session. B. When the governor, or the director of the division of emergency management in the department of emergency and military affairs pursuant to section 26-303, subsection H, determines that a contingency or disaster so justifies, and declares an emergency, specific liabilities and expenses provided for in this section are authorized to be incurred against and to be paid as claims against the state from unrestricted monies from the general fund to mitigate and meet contingencies and emergencies arising from: 1. Invasions, hostile attacks, riots or insurrections. 2. Epidemics of disease or plagues of insects. 3. Floods or floodwaters. 4. Acts of God or any major disaster. 5. Wildland fires, but only after all necessary authorizations under section 37-1305 are exhausted. C. When authorized by the governor, specific liabilities and expenses provided for in this section may be incurred against and may be paid as claims against the state from unrestricted monies from the general fund to meet contingencies and emergencies arising from incidents relating to hazardous materials as defined in section 26-301 and search or rescue operations conducted pursuant to section 11-251.02, section 11-441, subsection C or section 26-306 subject to the limitations provided in section 35-192.01. Within ninety days after monies are awarded under this section, the department of emergency and military affairs shall post in a prominent location on the department's official website the amount of monies awarded under this section, who received the monies and how the monies were spent. D. Liabilities and expenses authorized under subsection B of this section may be incurred for any of the emergencies or contingencies prescribed in subsection B of this section in the following order of priority: 1. Reimbursement for expenses incurred to combat a menace to the health, lives or property of any considerable number of persons of the state, or to property of the this state or its political subdivisions. 2. Reimbursement for expenses incurred in search or rescue operations. 2. 3. Reimbursement for expenses incurred to repair damage to any property of the this state. 3. 4. Reimbursement for expenses incurred to repair damage to any property of the political subdivisions of the this state. 4. Reimbursement for expenses incurred in search or rescue operations. 5. Reimbursement for expenses incurred in emergency or disaster recovery activities or in matching federal disaster recovery programs. 6. Reimbursement for expenses for property loss mitigation measures or to match federal property loss mitigation programs. E. The auditor of the department of emergency and military affairs shall review liabilities incurred and expenditures made under this section and report to the state emergency council at ninety-day intervals during the emergency and conduct a final review of each emergency within ninety days after the termination of the emergency. The state emergency council shall make a written report not later than September 1 of each year to the legislature of the actions of the state emergency council during the preceding fiscal year, including an itemized statement of expenditures for each emergency during the year. The department of emergency and military affairs shall post the report in a prominent location on the department's official website. F. All liabilities incurred under this section shall be are subject to the following limitations: 1. No a liability shall not be incurred against the monies authorized without the approval of the governor, or the adjutant general pursuant to section 26-303, subsection H, for each contingency or emergency. 2. Incurring of liabilities in excess of two hundred thousand dollars $200,000 in any single disaster or emergency shall not be made without consent of a majority of the members of the state emergency council. 3. The aggregate amount of all liabilities incurred under this section shall not exceed four million dollars $4,000,000 for any fiscal year beginning July 1 through June 30. Monies authorized for disasters and emergencies in prior fiscal years may be used in subsequent fiscal years only for the disaster or emergency for which they were authorized. Monies authorized for disasters and emergencies in prior fiscal years, and expended in subsequent fiscal years for the disaster or emergency for which they were authorized, apply toward the four million dollar $4,000,000 liability limit for the fiscal year in which they were authorized. 4. Notwithstanding the limitations in paragraph 3 of this subsection, monies that were previously obligated but not used for a declared emergency or disaster may be reallocated to an outstanding obligation for another declared emergency or disaster and shall remain available for expenditure for the outstanding obligation. The reallocation of monies pursuant to this paragraph does not apply toward the four million dollar $4,000,000 liability limit of the fiscal year to which the monies were reallocated or in which the monies are spent. 5. An obligation of monies under this section may be made only when one or more of the following conditions exist: (a) No appropriation or other authorization is available to meet the contingency or emergency. (b) An appropriation is insufficient to meet the contingency or emergency. (c) Federal monies available for such contingency or emergency require the use of state or other public monies. G. The director of the division of emergency management in the department of emergency and military affairs shall develop rules for administering the monies authorized for liabilities under this section, subject to approval by the governor. END_STATUTE Sec. 3. Section 35-192.01, Arizona Revised Statutes, is amended to read: START_STATUTE35-192.01. Reimbursement procedures A. Political subdivisions may apply to the state director of emergency management for a one hundred percent reimbursement of necessary expenses incurred in search or rescue operations, not including purchase of equipment or facilities, under section 35-192, subsection C subject to the following limitations: 1. Not to exceed fifty per cent of the first one thousand dollars or less of such expenditures in any fiscal year. 2. Not to exceed seventy-five per cent of all such expenditures in excess of one thousand dollars up to twenty-one thousand dollars in any fiscal year. 3. One hundred per cent of expenditures in excess of twenty-one thousand dollars in any fiscal year. B. Political subdivisions may apply to the state director of emergency management for up to $1,000 for reimbursement of necessary expenses that incurred for each approved search or rescue operation and that are not eligible expenses under section 35-192, subsection C. B. C. A department of the this state which that expends funds for search or rescue operations in an amount in excess of that provided for in the regular appropriation and when directed to do so by the governor or state director of emergency management may apply for reimbursement of such excess expenditures to the state director of emergency management under the provisions of section 35-192. C. D. The director of emergency management shall adopt, with the approval of the governor, rules concerning such reimbursement. END_STATUTE Sec. 4. Section 48-3609, Arizona Revised Statutes, is amended to read: START_STATUTE48-3609. Floodplain delineation; regulation of use; federal requirements and definitions A. Except as provided in section 48-3610, the board within its area of jurisdiction shall delineate or may by rule require developers of land to delineate for areas where development is ongoing or imminent, and thereafter as development becomes imminent, floodplains consistent with the criteria developed by the director of water resources. B. Except as provided in section 48-3610, the board shall adopt and enforce regulations governing floodplains and floodplain management in its area of jurisdiction, which shall include the following: 1. Regulations for all development of land, construction of residential, commercial or industrial structures or uses of any kind which may divert, retard or obstruct floodwater and threaten public health or safety or the general welfare. 2. Regulations which that establish minimum flood protection elevations and flood damage prevention requirements for uses, structures and facilities which that are vulnerable to flood damage. Regulations adopted under this section shall comply with state and local land use plans and ordinances, if any. 3. Regulations which that provide for coordination by the district with all other interested and affected political subdivisions and state agencies. 4. Regulations that: (a) Require any residential structure built in a floodplain to be constructed so as to place the lowest floor elevation of the structure at or above the regulatory flood elevation. , that (b) Require commercial or industrial structures to be flood proofed or elevated to or above the regulatory flood elevation. and that (c) Prohibit any activity in a designated floodway, including fill, that would increase the water surface elevation during a base flood. 5. Except as provided in subsection C of this section, regulations to allow a mobile home located in a floodplain on August 3, 1984 to be replaced by another mobile home if: (a) The mobile home to be replaced was not damaged by a flood to more than fifty percent of its value before the flood. (b) The replacement mobile home is elevated so that the bottom of the structural frame or the lowest point of any attached appliances, whichever is lower, is at or above the regulatory flood elevation. 6. Regulations that require all new placement of mobile homes to be anchored to prevent flotation, collapse or movement. 7. Variance procedures to permit variances from the regulations that do not result in danger or damage to persons or property in floodplains in the area of jurisdiction. Variances may be granted only if special circumstances, such as size, shape, topography, location or surroundings of the property, would cause the strict application of the regulations to deprive the property of privileges enjoyed by similar property in the floodplain. A variance is subject to conditions to ensure that the variance does not constitute a grant of special privileges inconsistent with the limitations on similar property in the floodplain. C. A city or town with a population of less than one thousand five hundred persons, that is located in a county with a population of less than seventy thousand persons, and that has assumed the powers and duties for floodplain management pursuant to section 48-3610, subsection A may adopt as a part of the regulations required by subsection B, paragraph 5 of this section a regulation that allows a mobile home that qualifies under this subsection to be replaced with a mobile home that either is elevated so that the bottom of the structural frame or the lowest point of any attached appliances, whichever is lower, is at or above the base flood elevation or has a chassis supported by reinforced piers or other foundation elements of equivalent strength that are not less than thirty-six inches in height above grade and that are securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. A mobile home qualifies under this subsection if both of the following apply: 1. The mobile home was located in a mobile home park or subdivision on August 3, 1984 or before the effective date of the city's or town's initial floodplain management regulations, whichever date is earlier. 2. No a mobile home that is located in that mobile home park or subdivision has not been damaged by a flood to more than fifty percent of its value before the flood. D. Waste disposal systems shall not be installed wholly or partially in a regulatory floodway. E. Water supply, water treatment and sewage collection and disposal systems built in a regulatory floodplain shall be designed to prevent or minimize floodwater infiltrating the systems and to prevent or minimize floodwater contamination during the base flood. F. Floodplain regulations enacted pursuant to this article may only be adopted after a public hearing at which parties in interest and other citizens have an opportunity to be heard. At least thirty days before the hearing, a notice of the time and place of the hearing shall be published in a newspaper of general circulation within the county or, if no newspaper of general circulation is regularly published, in a newspaper of general circulation nearest the area of jurisdiction. A notice of any hearing accompanied by a copy of each of the proposed regulations shall be furnished to the director at least thirty days before the date of the hearing. A copy of any regulation adopted by a district pursuant to this article shall, within five days thereafter, shall be filed with the director and with each political subdivision and municipal corporation in the area of jurisdiction. G. All development of land, construction of residential, commercial or industrial structures or future development within delineated floodplain areas is prohibited unless floodplain regulations have been adopted pursuant to this article for such floodplain area areas and are in full force and effect. H. Before adopting regulations, the board may issue a special permit authorizing construction or development if the board finds that construction or development is not a danger to persons or property. I. Unless expressly provided, this article and any regulations adopted pursuant to this article do not affect: 1. Existing legal uses of property or the right to continuation of such legal use. However, if a nonconforming use of land or a building or structure is discontinued for twelve months or destroyed to the extent of fifty percent of its value, as determined by a competent appraiser, any further use shall comply with this article and regulations of the district. 2. Reasonable repair or alteration of property for the purposes for which the property was legally used on August 3, 1984 or on the date any regulations affecting such property take effect, except that any alteration, addition or repair to a nonconforming building or structure which would result in increasing its flood damage potential by fifty percent or more shall be either flood proofed or elevated to or above the regulatory flood elevation. 3. Reasonable repair of structures constructed with the written authorization required by section 48-3613. 4. Facilities constructed or installed pursuant to a certificate of environmental compatibility issued pursuant to title 40, chapter 2, article 6.2. J. Within one hundred twenty days after completion of construction of any flood control protective works which changes the rate of flow during the flood or the configuration of the floodplain upstream or downstream from or adjacent to the project, the person or agency responsible for installation of the project shall provide to the governing bodies of all jurisdictions affected by the project a new delineation of all floodplains affected by the project. The new delineation shall be done according to the criteria adopted by the director of water resources. K. A flood control district or appropriate public agency which has failed to adopt or enforce floodplain regulations required by this section shall not be eligible for disaster relief identified by section 35-192, subsection D, paragraphs 3 4 and 5. The director of water resources shall advise the director of the division of emergency management within the department of emergency and military affairs of such failure to comply. L. A district and its agents may have reasonable access as provided by written authorization issued pursuant to section 48-3613 or if no authorization has been issued during business hours or in the case of an emergency, at any time, to enter and inspect any development on real property that is located in a floodplain in order to determine whether an owner is in violation of this chapter. This subsection does not authorize the inspection of any records or files on a site or the interior of any building. A district shall attempt to provide written notice to the owner at least forty-eight hours in advance that the real property is to be inspected and that the owner or the owner's agent may accompany the district inspector on the inspection. A district inspector shall comply with any safety requirements that may be applicable to a particular site. The district shall prepare a report of any inspections made pursuant to this subsection. The report shall be made available in the records of the district and a copy sent to the owner within thirty days after the inspection. M. The floodplain regulations adopted by a district pursuant to this chapter are intended to carry out the requirements of the national flood insurance program and any term not otherwise defined in this chapter shall have the meaning set forth in 44 Code of Federal Regulations parts 59 through 78, as effective on January 1, 2005.END_STATUTE |
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| 68 | 68 | | Be it enacted by the Legislature of the State of Arizona: |
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| 70 | 70 | | Section 1. Repeal |
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| 72 | 72 | | Section 35-192, Arizona Revised Statutes, as amended by Laws 2021, chapter 405, section 9, is repealed. |
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| 73 | 73 | | |
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| 74 | 74 | | Sec. 2. Section 35-192, Arizona Revised Statutes, as amended by Laws 2016, chapter 128, section 51, is amended to read: |
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| 75 | 75 | | |
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| 76 | 76 | | START_STATUTE35-192. Authorization for declaration of disaster; authorization for liabilities and expenses; priorities and limitations; review and report of expenditures |
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| 77 | 77 | | |
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| 78 | 78 | | A. The governor may declare an emergency arising from major disasters as provided in this section and incur liabilities therefor, regardless of whether or not the legislature is in session. |
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| 79 | 79 | | |
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| 80 | 80 | | B. When the governor, or the director of the division of emergency management in the department of emergency and military affairs pursuant to section 26-303, subsection H, determines that a contingency or disaster so justifies, and declares an emergency, specific liabilities and expenses provided for in this section are authorized to be incurred against and to be paid as claims against the state from unrestricted monies from the general fund to mitigate and meet contingencies and emergencies arising from: |
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| 81 | 81 | | |
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| 82 | 82 | | 1. Invasions, hostile attacks, riots or insurrections. |
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| 84 | 84 | | 2. Epidemics of disease or plagues of insects. |
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| 85 | 85 | | |
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| 86 | 86 | | 3. Floods or floodwaters. |
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| 87 | 87 | | |
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| 88 | 88 | | 4. Acts of God or any major disaster. |
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| 89 | 89 | | |
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| 90 | 90 | | 5. Wildland fires, but only after all necessary authorizations under section 37-1305 are exhausted. |
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| 91 | 91 | | |
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| 92 | 92 | | C. When authorized by the governor, specific liabilities and expenses provided for in this section may be incurred against and may be paid as claims against the state from unrestricted monies from the general fund to meet contingencies and emergencies arising from incidents relating to hazardous materials as defined in section 26-301 and search or rescue operations conducted pursuant to section 11-251.02, section 11-441, subsection C or section 26-306 subject to the limitations provided in section 35-192.01. Within ninety days after monies are awarded under this section, the department of emergency and military affairs shall post in a prominent location on the department's official website the amount of monies awarded under this section, who received the monies and how the monies were spent. |
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| 93 | 93 | | |
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| 94 | 94 | | D. Liabilities and expenses authorized under subsection B of this section may be incurred for any of the emergencies or contingencies prescribed in subsection B of this section in the following order of priority: |
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| 96 | 96 | | 1. Reimbursement for expenses incurred to combat a menace to the health, lives or property of any considerable number of persons of the state, or to property of the this state or its political subdivisions. |
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| 97 | 97 | | |
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| 98 | 98 | | 2. Reimbursement for expenses incurred in search or rescue operations. |
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| 99 | 99 | | |
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| 100 | 100 | | 2. 3. Reimbursement for expenses incurred to repair damage to any property of the this state. |
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| 101 | 101 | | |
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| 102 | 102 | | 3. 4. Reimbursement for expenses incurred to repair damage to any property of the political subdivisions of the this state. |
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| 103 | 103 | | |
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| 104 | 104 | | 4. Reimbursement for expenses incurred in search or rescue operations. |
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| 105 | 105 | | |
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| 106 | 106 | | 5. Reimbursement for expenses incurred in emergency or disaster recovery activities or in matching federal disaster recovery programs. |
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| 107 | 107 | | |
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| 108 | 108 | | 6. Reimbursement for expenses for property loss mitigation measures or to match federal property loss mitigation programs. |
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| 109 | 109 | | |
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| 110 | 110 | | E. The auditor of the department of emergency and military affairs shall review liabilities incurred and expenditures made under this section and report to the state emergency council at ninety-day intervals during the emergency and conduct a final review of each emergency within ninety days after the termination of the emergency. The state emergency council shall make a written report not later than September 1 of each year to the legislature of the actions of the state emergency council during the preceding fiscal year, including an itemized statement of expenditures for each emergency during the year. The department of emergency and military affairs shall post the report in a prominent location on the department's official website. |
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| 111 | 111 | | |
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| 112 | 112 | | F. All liabilities incurred under this section shall be are subject to the following limitations: |
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| 113 | 113 | | |
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| 114 | 114 | | 1. No a liability shall not be incurred against the monies authorized without the approval of the governor, or the adjutant general pursuant to section 26-303, subsection H, for each contingency or emergency. |
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| 115 | 115 | | |
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| 116 | 116 | | 2. Incurring of liabilities in excess of two hundred thousand dollars $200,000 in any single disaster or emergency shall not be made without consent of a majority of the members of the state emergency council. |
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| 117 | 117 | | |
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| 118 | 118 | | 3. The aggregate amount of all liabilities incurred under this section shall not exceed four million dollars $4,000,000 for any fiscal year beginning July 1 through June 30. Monies authorized for disasters and emergencies in prior fiscal years may be used in subsequent fiscal years only for the disaster or emergency for which they were authorized. Monies authorized for disasters and emergencies in prior fiscal years, and expended in subsequent fiscal years for the disaster or emergency for which they were authorized, apply toward the four million dollar $4,000,000 liability limit for the fiscal year in which they were authorized. |
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| 119 | 119 | | |
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| 120 | 120 | | 4. Notwithstanding the limitations in paragraph 3 of this subsection, monies that were previously obligated but not used for a declared emergency or disaster may be reallocated to an outstanding obligation for another declared emergency or disaster and shall remain available for expenditure for the outstanding obligation. The reallocation of monies pursuant to this paragraph does not apply toward the four million dollar $4,000,000 liability limit of the fiscal year to which the monies were reallocated or in which the monies are spent. |
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| 121 | 121 | | |
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| 122 | 122 | | 5. An obligation of monies under this section may be made only when one or more of the following conditions exist: |
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| 123 | 123 | | |
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| 124 | 124 | | (a) No appropriation or other authorization is available to meet the contingency or emergency. |
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| 125 | 125 | | |
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| 126 | 126 | | (b) An appropriation is insufficient to meet the contingency or emergency. |
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| 127 | 127 | | |
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| 128 | 128 | | (c) Federal monies available for such contingency or emergency require the use of state or other public monies. |
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| 129 | 129 | | |
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| 130 | 130 | | G. The director of the division of emergency management in the department of emergency and military affairs shall develop rules for administering the monies authorized for liabilities under this section, subject to approval by the governor. END_STATUTE |
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| 131 | 131 | | |
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| 132 | 132 | | Sec. 3. Section 35-192.01, Arizona Revised Statutes, is amended to read: |
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| 133 | 133 | | |
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| 134 | 134 | | START_STATUTE35-192.01. Reimbursement procedures |
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| 135 | 135 | | |
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| 136 | 136 | | A. Political subdivisions may apply to the state director of emergency management for a one hundred percent reimbursement of necessary expenses incurred in search or rescue operations, not including purchase of equipment or facilities, under section 35-192, subsection C subject to the following limitations: |
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| 137 | 137 | | |
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| 138 | 138 | | 1. Not to exceed fifty per cent of the first one thousand dollars or less of such expenditures in any fiscal year. |
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| 139 | 139 | | |
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| 140 | 140 | | 2. Not to exceed seventy-five per cent of all such expenditures in excess of one thousand dollars up to twenty-one thousand dollars in any fiscal year. |
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| 141 | 141 | | |
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| 142 | 142 | | 3. One hundred per cent of expenditures in excess of twenty-one thousand dollars in any fiscal year. |
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| 143 | 143 | | |
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| 144 | 144 | | B. Political subdivisions may apply to the state director of emergency management for up to $1,000 for reimbursement of necessary expenses that incurred for each approved search or rescue operation and that are not eligible expenses under section 35-192, subsection C. |
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| 145 | 145 | | |
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| 146 | 146 | | B. C. A department of the this state which that expends funds for search or rescue operations in an amount in excess of that provided for in the regular appropriation and when directed to do so by the governor or state director of emergency management may apply for reimbursement of such excess expenditures to the state director of emergency management under the provisions of section 35-192. |
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| 147 | 147 | | |
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| 148 | 148 | | C. D. The director of emergency management shall adopt, with the approval of the governor, rules concerning such reimbursement. END_STATUTE |
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| 149 | 149 | | |
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| 150 | 150 | | Sec. 4. Section 48-3609, Arizona Revised Statutes, is amended to read: |
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| 151 | 151 | | |
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| 152 | 152 | | START_STATUTE48-3609. Floodplain delineation; regulation of use; federal requirements and definitions |
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| 153 | 153 | | |
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| 154 | 154 | | A. Except as provided in section 48-3610, the board within its area of jurisdiction shall delineate or may by rule require developers of land to delineate for areas where development is ongoing or imminent, and thereafter as development becomes imminent, floodplains consistent with the criteria developed by the director of water resources. |
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| 155 | 155 | | |
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| 156 | 156 | | B. Except as provided in section 48-3610, the board shall adopt and enforce regulations governing floodplains and floodplain management in its area of jurisdiction, which shall include the following: |
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| 157 | 157 | | |
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| 158 | 158 | | 1. Regulations for all development of land, construction of residential, commercial or industrial structures or uses of any kind which may divert, retard or obstruct floodwater and threaten public health or safety or the general welfare. |
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| 159 | 159 | | |
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| 160 | 160 | | 2. Regulations which that establish minimum flood protection elevations and flood damage prevention requirements for uses, structures and facilities which that are vulnerable to flood damage. Regulations adopted under this section shall comply with state and local land use plans and ordinances, if any. |
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| 161 | 161 | | |
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| 162 | 162 | | 3. Regulations which that provide for coordination by the district with all other interested and affected political subdivisions and state agencies. |
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| 163 | 163 | | |
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| 164 | 164 | | 4. Regulations that: |
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| 165 | 165 | | |
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| 166 | 166 | | (a) Require any residential structure built in a floodplain to be constructed so as to place the lowest floor elevation of the structure at or above the regulatory flood elevation. , that |
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| 167 | 167 | | |
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| 168 | 168 | | (b) Require commercial or industrial structures to be flood proofed or elevated to or above the regulatory flood elevation. and that |
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| 169 | 169 | | |
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| 170 | 170 | | (c) Prohibit any activity in a designated floodway, including fill, that would increase the water surface elevation during a base flood. |
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| 171 | 171 | | |
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| 172 | 172 | | 5. Except as provided in subsection C of this section, regulations to allow a mobile home located in a floodplain on August 3, 1984 to be replaced by another mobile home if: |
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| 173 | 173 | | |
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| 174 | 174 | | (a) The mobile home to be replaced was not damaged by a flood to more than fifty percent of its value before the flood. |
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| 175 | 175 | | |
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| 176 | 176 | | (b) The replacement mobile home is elevated so that the bottom of the structural frame or the lowest point of any attached appliances, whichever is lower, is at or above the regulatory flood elevation. |
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| 177 | 177 | | |
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| 178 | 178 | | 6. Regulations that require all new placement of mobile homes to be anchored to prevent flotation, collapse or movement. |
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| 179 | 179 | | |
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| 180 | 180 | | 7. Variance procedures to permit variances from the regulations that do not result in danger or damage to persons or property in floodplains in the area of jurisdiction. Variances may be granted only if special circumstances, such as size, shape, topography, location or surroundings of the property, would cause the strict application of the regulations to deprive the property of privileges enjoyed by similar property in the floodplain. A variance is subject to conditions to ensure that the variance does not constitute a grant of special privileges inconsistent with the limitations on similar property in the floodplain. |
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| 181 | 181 | | |
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| 182 | 182 | | C. A city or town with a population of less than one thousand five hundred persons, that is located in a county with a population of less than seventy thousand persons, and that has assumed the powers and duties for floodplain management pursuant to section 48-3610, subsection A may adopt as a part of the regulations required by subsection B, paragraph 5 of this section a regulation that allows a mobile home that qualifies under this subsection to be replaced with a mobile home that either is elevated so that the bottom of the structural frame or the lowest point of any attached appliances, whichever is lower, is at or above the base flood elevation or has a chassis supported by reinforced piers or other foundation elements of equivalent strength that are not less than thirty-six inches in height above grade and that are securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. A mobile home qualifies under this subsection if both of the following apply: |
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| 183 | 183 | | |
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| 184 | 184 | | 1. The mobile home was located in a mobile home park or subdivision on August 3, 1984 or before the effective date of the city's or town's initial floodplain management regulations, whichever date is earlier. |
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| 185 | 185 | | |
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| 186 | 186 | | 2. No a mobile home that is located in that mobile home park or subdivision has not been damaged by a flood to more than fifty percent of its value before the flood. |
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| 187 | 187 | | |
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| 188 | 188 | | D. Waste disposal systems shall not be installed wholly or partially in a regulatory floodway. |
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| 189 | 189 | | |
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| 190 | 190 | | E. Water supply, water treatment and sewage collection and disposal systems built in a regulatory floodplain shall be designed to prevent or minimize floodwater infiltrating the systems and to prevent or minimize floodwater contamination during the base flood. |
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| 191 | 191 | | |
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| 192 | 192 | | F. Floodplain regulations enacted pursuant to this article may only be adopted after a public hearing at which parties in interest and other citizens have an opportunity to be heard. At least thirty days before the hearing, a notice of the time and place of the hearing shall be published in a newspaper of general circulation within the county or, if no newspaper of general circulation is regularly published, in a newspaper of general circulation nearest the area of jurisdiction. A notice of any hearing accompanied by a copy of each of the proposed regulations shall be furnished to the director at least thirty days before the date of the hearing. A copy of any regulation adopted by a district pursuant to this article shall, within five days thereafter, shall be filed with the director and with each political subdivision and municipal corporation in the area of jurisdiction. |
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| 193 | 193 | | |
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| 194 | 194 | | G. All development of land, construction of residential, commercial or industrial structures or future development within delineated floodplain areas is prohibited unless floodplain regulations have been adopted pursuant to this article for such floodplain area areas and are in full force and effect. |
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| 195 | 195 | | |
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| 196 | 196 | | H. Before adopting regulations, the board may issue a special permit authorizing construction or development if the board finds that construction or development is not a danger to persons or property. |
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| 197 | 197 | | |
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| 198 | 198 | | I. Unless expressly provided, this article and any regulations adopted pursuant to this article do not affect: |
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| 199 | 199 | | |
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| 200 | 200 | | 1. Existing legal uses of property or the right to continuation of such legal use. However, if a nonconforming use of land or a building or structure is discontinued for twelve months or destroyed to the extent of fifty percent of its value, as determined by a competent appraiser, any further use shall comply with this article and regulations of the district. |
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| 201 | 201 | | |
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| 202 | 202 | | 2. Reasonable repair or alteration of property for the purposes for which the property was legally used on August 3, 1984 or on the date any regulations affecting such property take effect, except that any alteration, addition or repair to a nonconforming building or structure which would result in increasing its flood damage potential by fifty percent or more shall be either flood proofed or elevated to or above the regulatory flood elevation. |
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| 203 | 203 | | |
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| 204 | 204 | | 3. Reasonable repair of structures constructed with the written authorization required by section 48-3613. |
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| 205 | 205 | | |
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| 206 | 206 | | 4. Facilities constructed or installed pursuant to a certificate of environmental compatibility issued pursuant to title 40, chapter 2, article 6.2. |
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| 207 | 207 | | |
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| 208 | 208 | | J. Within one hundred twenty days after completion of construction of any flood control protective works which changes the rate of flow during the flood or the configuration of the floodplain upstream or downstream from or adjacent to the project, the person or agency responsible for installation of the project shall provide to the governing bodies of all jurisdictions affected by the project a new delineation of all floodplains affected by the project. The new delineation shall be done according to the criteria adopted by the director of water resources. |
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| 209 | 209 | | |
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| 210 | 210 | | K. A flood control district or appropriate public agency which has failed to adopt or enforce floodplain regulations required by this section shall not be eligible for disaster relief identified by section 35-192, subsection D, paragraphs 3 4 and 5. The director of water resources shall advise the director of the division of emergency management within the department of emergency and military affairs of such failure to comply. |
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| 211 | 211 | | |
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| 212 | 212 | | L. A district and its agents may have reasonable access as provided by written authorization issued pursuant to section 48-3613 or if no authorization has been issued during business hours or in the case of an emergency, at any time, to enter and inspect any development on real property that is located in a floodplain in order to determine whether an owner is in violation of this chapter. This subsection does not authorize the inspection of any records or files on a site or the interior of any building. A district shall attempt to provide written notice to the owner at least forty-eight hours in advance that the real property is to be inspected and that the owner or the owner's agent may accompany the district inspector on the inspection. A district inspector shall comply with any safety requirements that may be applicable to a particular site. The district shall prepare a report of any inspections made pursuant to this subsection. The report shall be made available in the records of the district and a copy sent to the owner within thirty days after the inspection. |
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| 213 | 213 | | |
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| 214 | 214 | | M. The floodplain regulations adopted by a district pursuant to this chapter are intended to carry out the requirements of the national flood insurance program and any term not otherwise defined in this chapter shall have the meaning set forth in 44 Code of Federal Regulations parts 59 through 78, as effective on January 1, 2005.END_STATUTE |
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