Arizona 2023 2023 Regular Session

Arizona House Bill HB2812 Comm Sub / Analysis

Filed 05/23/2023

                    Assigned to APPROP 	AS ENACTED 
 
 
 
 
ARIZONA STATE SENATE 
Fifty-Sixth Legislature, First Regular Session 
 
ENACTED 
 
FACT SHEET FOR S.B. 1722/H.B. 2812 
 
capital outlay; appropriations; 2023-2024. 
Purpose 
Makes session law changes relating to capital outlay necessary to implement the FY 2024 
state budget. 
Background 
The Arizona Constitution prohibits substantive law from being included in the general 
appropriations, capital outlay appropriations and supplemental appropriations bills. However, it is 
often necessary to make statutory and session law changes to effectuate the budget. Thus, separate 
bills called budget reconciliation bills (BRBs) are introduced to enact these provisions. Because 
BRBs contain substantive law changes, the Arizona Constitution provides that they become 
effective on the general effective date, unless an emergency clause is enacted. 
S.B. 1722 contains the budget reconciliation provisions for changes relating to capital 
outlay. 
Provisions 
Building Renewal 
1. Appropriates the following amounts in FY 2024 to the following state agencies from the 
specified funds for major maintenance and repair activities for state buildings: 
Agency Fund Source Amount % of Formula 
Arizona Department 
of Administration 
(ADOA) 
state General Fund 
(state GF) 
$25,124,700 64.22% 
Capital Outlay 
Stabilization Fund 
(COSF) 
$14,000,000 35.78% 
Arizona Department 
of Corrections, 
Rehabilitation and 
Reentry (ADCRR) 
state GF $33,942,600 
 
85.27% 
Department of 
Corrections Building 
Renewal Fund 
$5,864,300 14.73%  FACT SHEET – Enacted  
S.B. 1722/H.B. 2812 
Page 2 
 
 
Agency Fund Source Amount % of Formula 
Arizona Department 
of Transportation 
(ADOT) 
State Highway Fund 
(SHF) 
$21,978,300 98.03% 
State Aviation Fund $441,900 1.97% 
Arizona Game and 
Fish Department 
(AZGFD) 
Game and Fish Fund $1,776,400 100% 
Arizona State Lottery 
Commission 
State Lottery Fund $214,200 100% 
2. Requires ADOA to allocate monies from the capital outlay appropriation to state agencies for 
necessary building renewal. 
3. Reduces the ADOA appropriation for building renewal by the difference between the amount 
appropriated and the balance in the COSF, if monies in the COSF are insufficient to fund the 
appropriation.  
4. Allows ADOA to use monies appropriated for building renewal in FY 2024 to retrofit facilities 
for space consolidation initiatives. 
5. Prohibits ADCRR from spending any monies from the capital outlay appropriation on personal 
services or overhead expenses related to managing projects funded by the appropriation. 
Individual Capital Projects 
6. Appropriates the following amounts in FY 2024 to the following state agencies from the 
specified funds for individual capital projects:  
Agency Purpose Fund Amount 
ADCRR Replace evaporative 
cooling statewide 
with HVAC 
state GF $66,783,600 
ADCRR Statewide door, lock 
and fire systems 
replacement 
state GF $48,650,600 
ADOA Electric vehicle 
charging and advance 
fuel infrastructure 
state GF $5,000,000 
ADOT Replace vehicle 
fueling facilities in 
Springerville, 
Holbrook and 
Chambers 
SHF $2,600,000  FACT SHEET – Enacted  
S.B. 1722/H.B. 2812 
Page 3 
 
 
Agency Purpose Fund Amount 
ADOT Electric vehicle 
charging and advance 
fuel infrastructure at 
ADOT facilities open 
and accessible to the 
public, excluding rest 
areas 
SHF $2,500,000 
ADOT Electric vehicle 
charging and advance 
fuel infrastructure at 
ADOT fleet facilities 
SHF $5,000,000 
ADOT Renovate motor 
vehicle division in 
north Tucson 
SHF $4,100,000 
ADOT Water conservation 
projects 
SHF $2,500,000 
ADOT Planning of passenger 
rail service from 
Phoenix to Tucson 
state GF $3,500,000 
ADOT Construct new 
maintenance facility 
in Keams Canyon 
SHF $3,400,000 
Department of 
Emergency and 
Military Affairs 
(DEMA) 
Additional 
construction monies 
for Surprise readiness 
center 
state GF $1,125,000 
Arizona Exposition 
and State Fair Board 
Capital 
improvements 
Arizona Exposition 
and State Fair Fund 
$3,802,100 
Arizona Pioneers’ 
Home 
Capital 
improvements 
Miners' Hospital for 
Miners with 
Disabilities Land 
Fund 
$468,700 
Arizona Pioneers’ 
Home 
Cemetery 
columbarium 
Miners' Hospital for 
Miners with 
Disabilities Land 
Fund 
$75,000 
Arizona Pioneers’ 
Home 
Cemetery parking Miners' Hospital for 
Miners with 
Disabilities Land 
Fund 
$250,000 
Arizona State Parks 
Board (ASPB) 
Capital 
improvements 
State Parks Revenue 
Fund 
$3,034,400  FACT SHEET – Enacted  
S.B. 1722/H.B. 2812 
Page 4 
 
 
Agency Purpose Fund Amount 
ASPB Verde River State 
Park 
state GF $7,000,000 
AZGFD Dam maintenance Capital Improvement 
Fund  
$150,000 
AZGFD Hatchery 
maintenance 
Capital Improvement 
Fund  
$400,000 
AZGFD Property maintenance Capital Improvement 
Fund  
$300,000 
AZGFD Water conservation 
projects 
Game and Fish Fund $500,000 
Department of Health 
Services (DHS) 
Arizona State 
Hospital (ASH) water 
pump replacements 
ASH Fund $209,000 
DHS ASH water isolation 
valves 
ASH Fund $200,000 
Department of Public 
Safety  
Renovate Flagstaff 
aviation hangar 
state GF $320,000 
7. Directs the ASPB to establish a state park at the headwaters of the Verde River. 
8. Requires the ASPB to report promptly to the Joint Committee on Capital Review (JCCR) and 
the Governor's Office of Strategic Planning and Budgeting (OSPB) if the ASPB revises the 
plan for any project for which monies are appropriated because the ASPB receives land and 
water conservation grant funding.  
9. Exempts the $10,000,000 ADOA appropriation for capital improvements from individual 
review by JCCR. 
ADOT Statewide Highway Construction 
10. Appropriates $367,709,600 in FY 2024 from the state GF to ADOT for specified highway 
projects as follows: 
Project 	Amount 
Construct an emergency evacuation bridge in Lake Havasu City $35,500,000 
Construct turn lanes along State Route (SR) 95 near Bullhead City $8,000,000 
Design a freeway interchange on Interstate 10 (I-10) at Jackrabbit Trail $5,000,000 
Design of SR 87 intersection improvements at Arica Road and Shedd Road $700,000 
Design work and engineer improvements on SR 85 between mile post 123 and 
Maricopa Road 
$6,500,000 
Distribute to Apache County for SR 264 turn lane construction into the Ganado 
senior citizens center and veterans building development area 
$538,700 
Distribute to Cochise County for Moson Road drainage and safety 
improvements between SR 90 and Hereford Road 
$6,100,000  FACT SHEET – Enacted  
S.B. 1722/H.B. 2812 
Page 5 
 
 
Distribute to Gila County for Houston Mesa Road improvements between SR 
260 and .4 miles south of Forest Road 198 
$243,600 
Distribute to Graham County for intersection reconstruction at Norton Road and 
Reay Lane 
$500,000 
Distribute to Graham County for Safford Bryce Road improvements in the 
vicinity of Talley Wash Crossing 
$1,781,500 
Distribute to Pinal County for engineering and design of the West Pinal 
Parkway East-West Corridor 
$9,240,000 
Distribute to Santa Cruz County for improvements to traffic interchanges at 
Interstate 19 (I-19) and Rio Rico Drive and I-19 and Ruby Road 
$8,600,000 
Distribute to the Canyon Water Improvement District to make improvements to 
infrastructure, including fire hydrants and other related water needs 
$610,000 
Distribute to the City of Coolidge for Coolidge Avenue reconstruction between 
Christensen Road and Clemans Road 
$5,300,000 
Distribute to the City of Douglas for road development and construction 
connecting the Douglas international commercial port of entry and SR 80 
$8,170,000 
Distribute to the City of Eloy for Sunland Gin Road I-10 overpass and road 
improvements between I-10 and Arica Road 
$5,000,000 
Distribute to the City of Globe for Cottonwood Street bridge replacement and 
improvements at Pinal Creek 
$632,500 
Distribute to the City of Globe for Jesse Hayes Road bridge replacement and 
improvements at Pinal Creek 
$643,200 
Distribute to the City of Globe for sidewalk construction along Jesse Hayes 
Road and Six Shooter Canyon Road 
$3,501,100 
Distribute to the City of Phoenix for improvements on Happy Valley Road 
between 35th Avenue and 67th Avenue 
$12,500,000 
Distribute to the City of Phoenix to extend 43rd Avenue between Dove Valley 
Road and SR 74 
$6,500,000 
Distribute to the City of Sierra Vista for Theater Drive corridor improvement 
between 7th Street and Carmichael Avenue 
$1,800,000 
Distribute to the City of Tucson for improvements to the Drexel Road bridge $15,000,000 
Distribute to the Navajo Nation for improvements to N9402 Road near Lupton 
and Houck 
$10,000,000 
Distribute to the Town of Cave Creek to study the construction of expanding 
lanes along Cave Creek Road between Loop 101 and Carefree Highway 
$250,000 
Distribute to the Town of Clarkdale to replace the current bridge over Bitter 
Creek wash 
$6, 321,400 
Distribute to the Town of Huachuca City for Skyline Drive reconstruction 
between SR 90 and Huachuca City Landfill 
$1,565,200 
Distribute to the Town of Huachuca City for Skyline Pathway development 
along Skyline Drive between Gila Avenue and Edgewood Street 
$506,000 
Distribute to the Town of Marana for design costs for traffic interchange 
between I-10 and Cortaro Road 
$10,000,000 
Distribute to the Town of Patagonia for McKeown Avenue reconstruction 
between Fourth Avenue West and SR 82 
$1,500,000  FACT SHEET – Enacted  
S.B. 1722/H.B. 2812 
Page 6 
 
 
 
11. Requires ADOT, within 30 days after the last day of each calendar quarter, to report to JLBC 
the projected cost and status of the outlined projects.  
12. Requires ADOT to submit a report for review by JCCR, prior to transferring monies between 
the outlined projects.  
13. Exempts the FY 2024 appropriation of $369,239,400 for state highway construction from 
review by the JCCR. 
14. Declares the Legislature's intent that the City of Phoenix contribute $14,800,000 to the project 
for improvements on Happy Valley Road. 
15. Conditions ADOT's distribution of $9,900,000 on whether the Town of Prescott Valley can 
demonstrate to ADOT that the Town has a commitment of at least $1,100,000 in matching 
monies of gifts, grants and donations for improvements to Glassford Hill Road from sources 
other than the state. 
16. Deems the $87,500,000 distribution to the Town of Queen Creek as eligible to be used for all 
necessary expenses from the current project status until completion. 
17. Requires the Town of Queen Creek to collaborate with Pinal County before spending the 
$87,500,000 distribution for the project. 
18. Appropriates a total of $165,200,000 from the state GF in FY 2024 to ADOT, including:  
a) $89,000,000 to widen I-10 between Chandler and Casa Grande; and 
b) $76,200,000 to widen I-17 between Anthem and Black Canyon City. 
Distribute to the Town of Payson for roundabout construction and 
improvements at intersection of Longhorn Road and McLane Road 
$1,529,800 
Distribute to the Town of Pinetop-Lakeside for Porter Mountain Road 
improvements in the vicinity of Blue Ridge elementary school 
$2,242,200 
Distribute to the Town of Prescott Valley to improve Glassford Hill Road $9,900,000 
Distribute to the Town of Queen Creek to extend SR 24, including a 
traffic interchange at SR 24 and Ironwood Road 
$87,500,000 
Distribute to the Town of Superior for Panther Drive bridge design and 
construction at Queen Creek 
$2,486,700 
Distribute to the Town of Thatcher for 8th Street improvements between 1st 
Avenue and 20th Avenue 
$4,526,400 
Distribute to the Town of Winkelman for improvements to Golf Course Road 
and Quarelli Street 
$1,560,900 
Distribute to Yuma County for U.S. Route 95 pavement rehabilitation between 
County 22nd Street and County 11th Street 
$5,910,400 
Improve intersection on SR 347 at Casa Blanca Road and Cement Plant access $18,000,000 
Improve SR 260 within Navajo County 	$4,250,000 
Improve SR 83 within Santa Cruz County 	$9,000,000 
Improve the interchange at SR 303 and U.S. Route 60 $4,500,000 
Improve U.S. Route 95 between Wellton Mohawk Canal Road and Aberdeen 
Road 
$33,300,000 
Repave U.S. Route 60 between Morristown and Wickenburg $10,500,000  FACT SHEET – Enacted  
S.B. 1722/H.B. 2812 
Page 7 
 
 
19. Requires ADOT to use the $89,000,000 an d $76,200,000 appropriations for  
construction-related activities, including drawing down federal matching monies for the 
projects. 
20. Appropriates $444,243,000 from the SHF in FY 2024 to ADOT to: 
a) plan and construct state highways; 
b) acquire rights-of-way; and 
c) provide for the cost of contracted field administration and engineering on construction 
projects and debt service payments on bonds issued for highway construction. 
21. Exempts the $444,243,000, $89,000,000 and $76,200,000 appropriations from review by the 
JCCR.  
22. Appropriates balances and collections in the SHF that exceed the amount appropriated by the 
FY 2024 General Appropriations Act and the Capital Outlay Budget Reconciliation Act to 
ADOT for authorized purposes.  
23. Requires ADOT, by November 1, 2023, to report to the Directors of JLBC and OSPB on: 
a) ADOT's actual prior year, estimated current year and upcoming budget year highway 
construction expenses from all fund sources;  
b) capital outlay information for FYs 2023, 2024 and 2025; and 
c) ADOT's outstanding debt principal balance at the end of FY 2025 and the estimated debt 
service payment amounts for FYs 2025 through 2028.  
24. Requires ADOT's highway construction expenses report to: 
a) include appropriated monies, federal monies, local agency monies, state highway monies, 
bond proceeds and regional area road monies; and 
b) be in the same format as the prior year unless the Directors of JLBC and OSPB have 
approved modifications.  
25. Requires ADOT's reported capital outlay information to be in the same format as tables two, 
three and six of the FY 2023 Appropriations Report.  
26. Requires ADOT's estimated outstanding debt principal balance and estimated debt service 
payments report to include SHF statewide construction bonds, Highway User Revenue Fund 
bonds, Maricopa Association of Governments and Pima Association of Governments 
controlled access bonds, Maricopa Regional Area Road Fund bonds and grant anticipation 
notes.  
27. Directs ADOT's estimated outstanding debt principal balance and estimated debt service 
payments report to be comparable to the information in the FY 2023 Appropriations Report.  
Tribal Highway Construction and Improvements 
28. Appropriates $10,000,000 from the state GF in FY 2024 to ADOA to distribute to the Diné 
College Board of Regents for capital improvements.  
29. Exempts the $10,000,000 appropriation from JCCR review.   FACT SHEET – Enacted  
S.B. 1722/H.B. 2812 
Page 8 
 
 
ADOT Airport Planning and Development 
30. Appropriates $35,000,000 from the State Aviation Fund in FY 2024 to ADOT to plan, 
construct, develop and improve state, county, city or town airports as determined by the State 
Transportation Board.  
31. Exempts the $35,000,000 appropriation for airport planning and development from JCCR 
review. 
32. Appropriates any balances and collections in the State Aviation Fund that exceed the amount 
appropriated by the General Appropriations Act and the Capital Outlay Budget Reconciliation 
Act to ADOT in FY 2024 for authorized purposes.  
33. Requires ADOT, by December 31, 2023, to report to JLBC Staff on the status of all aviation 
grant awards and distributions.  
34. Requires the report on aviation grant awards to delineate projects by individual airport and 
fiscal year, including any future year commitments.  
FY 2023 Appropriations 
35. Appropriates $5,000,000 from the state GF in FY 2023 to ADOA for West Adams Street 
building renovation projects. 
36. Appropriates $54,300,000 from the state GF in FY 2023 to ADOT for pavement rehabilitation 
projects that: 
a) are not located in Maricopa or Pima County; 
b) on roads that are graded as being in fair or poor condition by ADOT; and  
c) not contained in ADOT's 2023-2027 Five-Year Transportation Facilities Construction 
Program.  
37. Exempts the $54,300,000 appropriation from JCCR review. 
38. Appropriates $52,090,000 from the state GF in FY 2023 to ADOT to design and construct 
additional vehicle lanes, separated by a lighted median, on I-10 between SR 85 and Citrus 
Road. 
39. Exempts the $52,090,000 appropriation from JCCR review. 
40. Appropriates $7,000,000 from the state GF in FY 2023 to ADOT to distribute to the Phoenix-
Mesa Gateway Airport. 
41. Exempts the $7,000,000 appropriation to Phoenix-Mesa Gateway Airport from JCCR review. 
42. Reallocates $13,000,000 of the $19,000,000 appropriation from the SHF in FY 2023 to ADOT 
for the design to widen lanes along SR 347 between I-10 and City of Maricopa as follows: 
a) $10,300,000 to ADOT to distribute to the City of Maricopa to design and construct 
improvements to SR 238 or SR 347, or both; 
b) $2,000,000 to ADOT to distribute to the Gila River Indian Community for transportation 
infrastructure; and 
c) $700,000 to ADOT for engineering and design costs associated with improvements along 
SR 87 near the City of Coolidge.  FACT SHEET – Enacted  
S.B. 1722/H.B. 2812 
Page 9 
 
 
43. Exempts the reallocated appropriations from: 
a) JCCR review; and 
b) lapsing until the purpose for which the appropriations were made has been accomplished 
or abandoned or the appropriations stand unexpended or unencumbered for a full fiscal 
year.  
44. Redirects the $1,000,000 appropriation from the state GF in FY 2023 to ADOA to distribute 
to the Navajo Nation, rather than Navajo County, to construct a Little Colorado River visitor 
center.  
45. Increases the appropriation, from $5,000,000 to $8,100,000, from the state GF in FY 2023 to 
ADOT to:  
a) construct a traffic circle at the intersection of North Lake Powell Boulevard and U.S. Route 
89 in Page, Arizona; and  
b) install traffic control devices at the intersection of U.S. Route 89 and the road to the 
Horseshoe Bend parking lot. 
46. Increases the following appropriations from the SHF in FY 2023 to ADOT for highway 
projects: 
a) from $1,645,000 to $1,823,000, to repave SR 69 in Prescott Valley; 
b) from $8,750,000 to $24,000,000 to construct an overpass at Riggs Road and SR 347;  
c) from $16,330,000 to $18,981,000, to rehabilitate pavement along U.S. Route 191 between 
Armory Road and East Safford; 
d) from $1,500,000 to $8,022,500, to construct a roundabout at the intersection of SR 69 and 
SR 169; and 
e) from $568,000 to $1,085,000, to install lighting on the Sentinel exit in Gila Bend. 
47. Reduces the following appropriations from the SHF in FY 2023 to ADOT for highway 
projects: 
a) from $64,200,000 to $60,910,000, to design and construct additional vehicle lanes, 
separated by a lighted median, on I-10 between SR 85 and Citrus Road;  
b) from $39,200,000 to $38,620,000, to rehabilitate pavement along SR 90 between Campus 
Drive and the U.S. Border Patrol Station in Huachuca City; 
c) from $3,000,000 to $600,000, to design traffic interchange on SR 89 at SR 89A; 
d) from $19,534,600 to $13,373,000, to repave SR 95 in Mohave County; 
e) from $1,464,100 to $1,455,000, to repair SR 186 and State Business Route 10 in Willcox; 
and 
f) from $3,710,000 to $3,300,000, to improve SR 90 from Moson Road to Campus Drive. 
48. Removes the following appropriations from the SHF in FY 2023 to ADOT for highway 
projects: 
a) $6,142,800 to construct and improve former SR 279; 
b) $3,500,000 to improve U.S. Route 95 near Yuma Proving Ground; and 
c) $2,625,000 for the final design plan, right-of-way and easements for an overpass at Riggs 
Road and SR 347. 
49. Repeals the FY 2023 appropriation of $25,000,000 from the state GF to ADOT for the Loop 
101 slip ramp access project.  FACT SHEET – Enacted  
S.B. 1722/H.B. 2812 
Page 10 
 
 
50. Exempts the $1,800,000 appropriation to DEMA for additional construction monies for the 
Tucson readiness center from lapsing. 
FY 2022 Appropriations 
51. Exempts the following FY 2022 appropriations from lapsing until June 30, 2024: 
a) $24,200,000 to ADOA for ADOA building renewal; 
b) $1,215,800 to AZGFD for AZGFD building renewal; 
c) $2,800,000 to ADOA to demolish the state-owned buildings located at 1601 West Jefferson 
Street and 1645 West Jefferson Street and convert the building's physical plant to provide 
service to 1535 West Jefferson Street;  
d) $3,500,000 to ADOA to replace capitol mall air handler units at the House of 
Representatives and Senate buildings; 
e) $1,000,000 to the Arizona Exposition and State Fair Board for capital improvements; 
f) $1,000,000 to the Arizona Exposition and State Fair Board for replacement of the fire alarm 
system in the Arizona Veterans Memorial Coliseum building on the state fairgrounds; 
g) $2,500,000 to the Arizona Department of Juvenile Corrections to replace doors in four 
units at the Adobe Mountain School facility; 
h) $2,396,700 to ASPB for capital improvements; 
i) $126,000 to ASPB to replace the fire suppression system at Red Rock State Park; 
j) $750,000 to ASPB to construct a new day-use park at the Rockin' River Ranch State Park; 
k) $353,100 to the Arizona Pioneers' Home for capital improvements; and 
l) $3,150,000 to ADOT to construct new maintenance facilities in Wickenburg. 
52. Exempts, from lapsing until June 30, 2025, the $25,564,400 appropriation to ADCRR in FY 
2022 for fire and life safety upgrades at the Eyman State Prison Complex. 
FY 2021 Appropriations 
53. Modifies the following appropriations from the state GF in FY 2021 to ADOT for highway 
projects by: 
a) removing the $10,000,000 appropriation to improve U.S. Route 95 near Yuma Proving 
Ground; and  
b) increasing the appropriation, from $13,600,000 to $15,807,500, to rehabilitate pavement 
along SR 77 near Oro Valley. 
54. Requires ADOT, before transferring monies between FY 2021 highway projects, to submit a 
report for review by the JCCR. 
FY 2020 Appropriations 
55. Exempts, from lapsing until June 30, 2023, the $4,600,000 appropriation to ADOT in FY 2020 
to construct new maintenance facilities in Wickenburg. 
Miscellaneous 
56. Appropriates $12,500,000 from the state GF in FY 2024 to the State Match Advantage for 
Rural Transportation Fund.   FACT SHEET – Enacted  
S.B. 1722/H.B. 2812 
Page 11 
 
 
57. Allows ADOA to spend up to five percent of all capital outlay appropriations that are 
distributed to state agencies by ADOA for expenditures for project management of building 
renewal and capital projects. 
58. Prohibits ADOA from spending any other capital outlay appropriations:  
a) on personal services or employee-related expenditures; or  
b) for maintenance contracts on building components and equipment without review by 
JCCR.  
59. Prohibits all other capital outlay appropriations from being spent for personal services or 
employee-related expenditures of state employees, excluding services provided as part of the 
Inmate Construction Program for correctional facilities.  
60. Makes technical and conforming changes. 
61. Becomes effective on signature of the Governor.  
Senate Action 	House Action 
APPROP 5/9/23 DP 6-4-0 APPROP 5/9/23 DP 10-5-0-0 
3
rd
 Read 5/10/23   25-5-0 3
rd
 Read 5/10/23  47-12-0-0-1 
(S.B. 1722 was substituted for H.B. 2812 on 3
rd 
Read) 
Signed by the Governor 5/11/23 
Chapter 135 
Prepared by Senate Research 
May 23, 2023 
KJA/sr