Arizona 2023 Regular Session

Arizona House Bill HB2264 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	REFERENCE TITLE: housing; inventory; sales State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023 HB 2264 Introduced by Representative Cano An Act amending title 9, chapter 4, article 6, Arizona Revised Statutes, by adding section 9-461.18; amending title 11, chapter 6, article 1, Arizona Revised Statutes, by adding section 11-810.01; amending title 41, chapter 4, article 7, Arizona Revised Statutes, by adding section 41-807; amending section 41-3955, Arizona Revised Statutes; relating to planning. (TEXT OF BILL BEGINS ON NEXT PAGE)
2	2
3	3
4	4
5	5
6	6
7	7
8	8
9	9	REFERENCE TITLE: housing; inventory; sales
10	10	State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023
11	11	HB 2264
12	12	Introduced by Representative Cano
13	13
14	14	REFERENCE TITLE: housing; inventory; sales
15	15
16	16
17	17
18	18
19	19
20	20
21	21
22	22
23	23
24	24	State of Arizona
25	25
26	26	House of Representatives
27	27
28	28	Fifty-sixth Legislature
29	29
30	30	First Regular Session
31	31
32	32	2023
33	33
34	34
35	35
36	36
37	37
38	38
39	39
40	40	HB 2264
41	41
42	42
43	43
44	44	Introduced by
45	45
46	46	Representative Cano
47	47
48	48
49	49
50	50
51	51
52	52
53	53
54	54
55	55
56	56
57	57
58	58
59	59
60	60
61	61
62	62
63	63
64	64	An Act
65	65
66	66
67	67
68	68	amending title 9, chapter 4, article 6, Arizona Revised Statutes, by adding section 9-461.18; amending title 11, chapter 6, article 1, Arizona Revised Statutes, by adding section 11-810.01; amending title 41, chapter 4, article 7, Arizona Revised Statutes, by adding section 41-807; amending section 41-3955, Arizona Revised Statutes; relating to planning.
69	69
70	70
71	71
72	72
73	73
74	74	(TEXT OF BILL BEGINS ON NEXT PAGE)
75	75
76	76
77	77
78	78	Be it enacted by the Legislature of the State of Arizona: Section 1. Title 9, chapter 4, article 6, Arizona Revised Statutes, is amended by adding section 9-461.18, to read: START_STATUTE9-461.18. Housing; inventory; hearing; sales; surplus real estate A. On or before July 1, 2025 and every three years thereafter, each municipality shall prepare an inventory of all real property that is within its jurisdiction to which the municipality holds title and that is appropriate for use as affordable housing. The inventory must include the address and legal description of each piece of real property and specify whether the property is vacant or improved. b. The governing body of the municipality shall hold a public hearing at which the inventory list is reviewed. The governing body may revise the inventory list at the conclusion of the public hearing. The governing body shall adopt a resolution that includes the inventory list at the conclusion of the public hearing. c. Properties on the inventory list identified as appropriate for use as affordable housing may be offered for sale and the proceeds may be used to purchase land for the development of affordable housing. Properties on the inventory list may be: 1. Sold with a restriction that requires the development of the property as permanent affordable housing. 2. Donated to a nonprofit housing organization for CONSTRUCTION of permanent affordable housing. 3. Made AVAILABLE for use or the production and preservation of permanent affordable housing. END_STATUTE Sec. 2. Title 11, chapter 6, article 1, Arizona Revised Statutes, is amended by adding section 11-810.01, to read: START_STATUTE11-810.01. Housing; inventory; hearing; sales; surplus real estate A. On or before July 1, 2025 and every three years thereafter, each county shall prepare an inventory of all real property that is within its jurisdiction to which the county holds title and that is appropriate for use as affordable housing. The inventory must include the address and legal description of each piece of real property and specify whether the property is vacant or improved. b. The board of supervisors of the county shall hold a public hearing at which the inventory list is reviewed. The board may revise the inventory list at the conclusion of the public hearing. The board shall adopt a resolution that includes the inventory list at the conclusion of the public hearing. c. Properties on the inventory list identified as appropriate for use as affordable housing may be offered for sale and the proceeds may be used to purchase land for the development of affordable housing. Properties on the inventory list may be: 1. Sold with a restriction that requires the development of the property as permanent affordable housing. 2. Donated to a nonprofit housing organization for CONSTRUCTION of permanent affordable housing. 3. Made AVAILABLE for use or the production and preservation of permanent affordable housing. END_STATUTE Sec. 3. Title 41, chapter 4, article 7, Arizona Revised Statutes, is amended by adding section 41-807, to read: START_STATUTE41-807. Surplus real estate; inventory; sale Notwithstanding any other law, on or before July 1, 2025 and every three years thereafter, all state agencies shall create an inventory of surplus real estate within the agency jurisdiction to which the state holds title and provide the inventory to the department. The inventory must include the address and legal description of each piece of real property and specify whether the property is vacant or improved. The DEPARTMENT shall make the surplus real estate listed on the inventories available for sale. Monies received from the sale of surplus real estate owned by the state shall be deposited, pursuant to sections 35-146 and 35-147, in the housing trust fund established by section 41-3955. END_STATUTE Sec. 4. Section 41-3955, Arizona Revised Statutes, is amended to read: START_STATUTE41-3955. Housing trust fund; purpose; annual report A. The housing trust fund is established, and the director shall administer the fund. The fund consists of monies from unclaimed property deposited in the fund pursuant to section 44-313, monies transferred pursuant to section 35-751, monies deposited pursuant to section 41-807 and investment earnings. B. On notice from the department, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund. C. Except as provided in subsection D of this section, fund monies shall be spent on approval of the department for developing projects and programs connected with providing housing opportunities for low and moderate income households and for housing affordability programs. Pursuant to section 44-313, subsection A, A portion of fund monies shall be used exclusively for housing in rural areas. D. Fund monies may be spent on constructing or renovating facilities and on housing assistance, including support services, for persons who have been determined to be seriously mentally ill and to be chronically resistant to treatment. E. For the purposes of subsection C of this section, in approving the expenditure of monies, the director shall give priority to funding projects that provide for operating, constructing or renovating facilities for housing for low-income families and that provide housing and shelter to families that have children. F. The director shall report annually to the legislature on the status of the housing trust fund. The report shall include a summary of facilities for which funding was provided during the preceding fiscal year and shall show the cost and geographic location of each facility and the number of individuals benefiting from the operation, construction or renovation of the facility. The report shall also include the number of individuals who benefit from housing assistance pursuant to subsection D of this section. The report shall be submitted to the president of the senate and the speaker of the house of representatives, and a copy provided to the secretary of state, not later than September 1 of each year. G. Monies in the housing trust fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. H. An amount not to exceed ten percent of the housing trust fund monies may be appropriated annually by the legislature to the department for administrative costs in providing services relating to the housing trust fund. I. For any construction project financed by the department pursuant to this section, the department shall notify a city, town, county or tribal government that a project is planned for its jurisdiction and, before proceeding, shall seek comment from the governing body of the city, town, county or tribal government or an official authorized by the governing body of the city, town, county or tribal government. The department shall not interfere with or attempt to override the local jurisdiction's planning, zoning or land use regulations. END_STATUTE
79	79
80	80	Be it enacted by the Legislature of the State of Arizona:
81	81
82	82	Section 1. Title 9, chapter 4, article 6, Arizona Revised Statutes, is amended by adding section 9-461.18, to read:
83	83
84	84	START_STATUTE9-461.18. Housing; inventory; hearing; sales; surplus real estate
85	85
86	86	A. On or before July 1, 2025 and every three years thereafter, each municipality shall prepare an inventory of all real property that is within its jurisdiction to which the municipality holds title and that is appropriate for use as affordable housing. The inventory must include the address and legal description of each piece of real property and specify whether the property is vacant or improved.
87	87
88	88	b. The governing body of the municipality shall hold a public hearing at which the inventory list is reviewed. The governing body may revise the inventory list at the conclusion of the public hearing. The governing body shall adopt a resolution that includes the inventory list at the conclusion of the public hearing.
89	89
90	90	c. Properties on the inventory list identified as appropriate for use as affordable housing may be offered for sale and the proceeds may be used to purchase land for the development of affordable housing. Properties on the inventory list may be:
91	91
92	92	1. Sold with a restriction that requires the development of the property as permanent affordable housing.
93	93
94	94	2. Donated to a nonprofit housing organization for CONSTRUCTION of permanent affordable housing.
95	95
96	96	3. Made AVAILABLE for use or the production and preservation of permanent affordable housing. END_STATUTE
97	97
98	98	Sec. 2. Title 11, chapter 6, article 1, Arizona Revised Statutes, is amended by adding section 11-810.01, to read:
99	99
100	100	START_STATUTE11-810.01. Housing; inventory; hearing; sales; surplus real estate
101	101
102	102	A. On or before July 1, 2025 and every three years thereafter, each county shall prepare an inventory of all real property that is within its jurisdiction to which the county holds title and that is appropriate for use as affordable housing. The inventory must include the address and legal description of each piece of real property and specify whether the property is vacant or improved.
103	103
104	104	b. The board of supervisors of the county shall hold a public hearing at which the inventory list is reviewed. The board may revise the inventory list at the conclusion of the public hearing. The board shall adopt a resolution that includes the inventory list at the conclusion of the public hearing.
105	105
106	106	c. Properties on the inventory list identified as appropriate for use as affordable housing may be offered for sale and the proceeds may be used to purchase land for the development of affordable housing. Properties on the inventory list may be:
107	107
108	108	1. Sold with a restriction that requires the development of the property as permanent affordable housing.
109	109
110	110	2. Donated to a nonprofit housing organization for CONSTRUCTION of permanent affordable housing.
111	111
112	112	3. Made AVAILABLE for use or the production and preservation of permanent affordable housing. END_STATUTE
113	113
114	114	Sec. 3. Title 41, chapter 4, article 7, Arizona Revised Statutes, is amended by adding section 41-807, to read:
115	115
116	116	START_STATUTE41-807. Surplus real estate; inventory; sale
117	117
118	118	Notwithstanding any other law, on or before July 1, 2025 and every three years thereafter, all state agencies shall create an inventory of surplus real estate within the agency jurisdiction to which the state holds title and provide the inventory to the department. The inventory must include the address and legal description of each piece of real property and specify whether the property is vacant or improved. The DEPARTMENT shall make the surplus real estate listed on the inventories available for sale. Monies received from the sale of surplus real estate owned by the state shall be deposited, pursuant to sections 35-146 and 35-147, in the housing trust fund established by section 41-3955. END_STATUTE
119	119
120	120	Sec. 4. Section 41-3955, Arizona Revised Statutes, is amended to read:
121	121
122	122	START_STATUTE41-3955. Housing trust fund; purpose; annual report
123	123
124	124	A. The housing trust fund is established, and the director shall administer the fund. The fund consists of monies from unclaimed property deposited in the fund pursuant to section 44-313, monies transferred pursuant to section 35-751, monies deposited pursuant to section 41-807 and investment earnings.
125	125
126	126	B. On notice from the department, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.
127	127
128	128	C. Except as provided in subsection D of this section, fund monies shall be spent on approval of the department for developing projects and programs connected with providing housing opportunities for low and moderate income households and for housing affordability programs. Pursuant to section 44-313, subsection A, A portion of fund monies shall be used exclusively for housing in rural areas.
129	129
130	130	D. Fund monies may be spent on constructing or renovating facilities and on housing assistance, including support services, for persons who have been determined to be seriously mentally ill and to be chronically resistant to treatment.
131	131
132	132	E. For the purposes of subsection C of this section, in approving the expenditure of monies, the director shall give priority to funding projects that provide for operating, constructing or renovating facilities for housing for low-income families and that provide housing and shelter to families that have children.
133	133
134	134	F. The director shall report annually to the legislature on the status of the housing trust fund. The report shall include a summary of facilities for which funding was provided during the preceding fiscal year and shall show the cost and geographic location of each facility and the number of individuals benefiting from the operation, construction or renovation of the facility. The report shall also include the number of individuals who benefit from housing assistance pursuant to subsection D of this section. The report shall be submitted to the president of the senate and the speaker of the house of representatives, and a copy provided to the secretary of state, not later than September 1 of each year.
135	135
136	136	G. Monies in the housing trust fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
137	137
138	138	H. An amount not to exceed ten percent of the housing trust fund monies may be appropriated annually by the legislature to the department for administrative costs in providing services relating to the housing trust fund.
139	139
140	140	I. For any construction project financed by the department pursuant to this section, the department shall notify a city, town, county or tribal government that a project is planned for its jurisdiction and, before proceeding, shall seek comment from the governing body of the city, town, county or tribal government or an official authorized by the governing body of the city, town, county or tribal government. The department shall not interfere with or attempt to override the local jurisdiction's planning, zoning or land use regulations. END_STATUTE