| 34 | | - | Be it enacted by the Legislature of the State of Arizona: Section 1. Section 11-254.07, Arizona Revised Statutes, is amended to read: START_STATUTE11-254.07. Renewable energy incentive districts; definition A. The board of supervisors may designate a renewable energy incentive district in any unincorporated area of the county if all of the following apply: 1. The proposed district consists of a vacant or underused parcel or parcels of property, or any other parcel or parcels of property the board of supervisors deems suitable for renewable energy and storage equipment, that are appropriate sizes for the construction and operation of renewable energy and storage equipment. The board of supervisors may designate large portions of unincorporated county land or noncontiguous portions of land as a renewable energy incentive district or districts. 2. The proposed district is located within an area of the county so that the construction and operation of renewable energy and storage equipment would not be incompatible with other uses of property in the area considering factors relating to the construction and operation of renewable energy and storage equipment, including: (a) The ability to adequately buffer the district from surrounding incompatible uses. (b) The noise level emanating from the district alone and in relation to ambient noise levels at the perimeter of the property falling within the proposed district and relative to other adjacent lands. (c) The extent to which the district would be located in proximity to existing transportation and electrical transmission corridors. (d) Compatibility with commercial and military air space requirements. 3. The board of supervisors has evaluated the extent to which the proposed district is consistent with the existing county comprehensive plan and has determined that the proposed district does not conflict with the plan. The board of supervisors may determine that the district is not a major amendment to the county comprehensive plan pursuant to section 11-805. B. Before establishing a renewable energy incentive district, the board of supervisors shall: 1. Identify the boundaries of the proposed district. 2. Notify the owners of private property in the proposed district, property managers of federal and state land in the proposed district and adjacent property owners by first class mail sent to the addresses on the most recent tax roll. The notice shall be mailed at least fifteen days before the hearing held to adopt the energy incentive plan. C. If the board of supervisors establishes a renewable energy incentive district, it shall adopt a renewable energy incentive plan to encourage the construction and operation of renewable energy and storage equipment in the district. The plan may include: 1. Expedited zoning or rezoning procedures. 2. Expedited processing of plans, proposals and permits. 3. Waivers or abatement of county zoning fees, processing fees, and county improvement district fees and assessments for development activities. 4. Waiver or abatement of development standards and procedural requirements. D. A wind farm as defined in section 30-301 that is developed within a renewable energy incentive DISTRICT shall comply with the requirements of title 30, chapter 2. D. E. For the purposes of this section, "renewable energy and storage equipment" has the same meaning prescribed in section 42-14155. END_STATUTE Sec. 2. Title 11, chapter 6, Arizona Revised Statutes, is amended by adding article 7, to read: ARTICLE 7. WIND FARMS START_STATUTE11-881. Definitions In this article, unless the context otherwise requires: 1. "Owner" has the same meaning prescribed in section 30-301. 2. "wind farm" has the same meaning prescribed in section 30-301. END_STATUTE START_STATUTE11-882. Wind farms; construction and conditional use permits; hearing; notice; costs A. THE county PLANNING AND ZONING COMMISSION SHALL hold a public hearing to consider AND ACT ON an APPLICATION FOR a permit for construction and CONDITIONAL USE of a wind farm within NINETY days after the county planning and zoning commission deems the application complete. b. The county planning and zoning commission shall provide notice of the time, location and purpose of the public hearing to consider the application for a permit for construction and conditional use of a wind farm by doing all of the following: 1. Publishing the notice at least thirty days before the hearing in a newspaper of general circulation in the county where the proposed wind farm is located. 2. PoSTING the notice at least THIRTY DAYS BEFORE THE PUBLIC HEARING aT ONE-HALF MILE INTERVALS along THE PERIMETER OF THE proposed WIND FARM location AND at one-half mile intervals ALONG ANY PUBLIC ROAD located along the PERIMETER OF THE proposed WIND FARM location. 3. Mailing the notice by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO ALL ADJOINING LANDOWNERS and all PROPERTY OWNERS WITHIN SIX MILES OF THE boundary of the proposed wind farm. The certified mail SHALL BE POSTMARKED at least THIRTY CALENDAR DAYS BEFORE THE DATE OF THE PUBLIC HEARING. 4. regular FIRST-CLASS MAIling the notice TO ALL INTERESTED PERSONS WHO HAVE REQUESTED NOTICE OF a PUBLIC HEARING BEFORE THE county PLANNING AND ZONING COMMISSION. The regular first-class mail shall be POSTMARKED at least THIRTY CALENDAR DAYS BEFORE THE DATE OF THE PUBLIC HEARING. C. THE COUNTY SHALL REQUIRE THE WIND FARM OWNER TO PAY THE COSTS OF Providing the NOTICE as REQUIRED by THIS SECTION. END_STATUTE START_STATUTE11-883. Financial surety; decommissioning; cleanup A. A cOUNTy SHALL ADOPT THE FOLLOWING REQUIREMENTS IN ISSUING a PERMIT FOR THE construction and conditional use OF a wind farm ON PUBLIC LAND: 1. THE OWNER OF THE WIND FARM must PROVIDE FINANCIAL SURETY IN A FORM AND AMOUNT SATISFACTORY TO THE COUNTY and the state land department. The financial surety shall be sufficient to COVER THE COSTS OF CLEANUP AND MITIGATION IN THE EVENT OF A CASUALTY EVENT, PLUS A TEN PERCENT CONTINGENCY. THE FINANCIAL SURETY AMOUNT SHALL BE BASED ON A maximum WORST-CASE SCENARIO OF EXTREME DAMAGE OF ONE WIND TURBINE BY A CASUALTY EVENT ON THE PROJECT SITE AND ADJACENT LAND or waterways, DEATH AND OTHER ADVERSE HEALTH CONSEQUENCES TO PERSONS. 2. That any FINANCIAL surety or other assurance required pursuant to Paragraph 1 of this subsection INCLUDE a PROVISION FOR RELEASING THE monieS TO THE COUNTY IN THE EVENT CLEANUP AND MITIGATION ARE NOT COMPLETED IN A TIMELY MANNER. 3. That any financial surety or other assurance required pursuant to paragraph 1 of this subsection BE MAINTAINED FOR THE LIFE OF THE PROJECT. PROOF OF RECERTIFICATION OF THE FINANCIAL SURETY or other assurance INSTRUMENT MUST BE SUBMITTED TO THE COUNTY ANNUALLY. 4. If the wind farm is located on state or federal land, DECOMMISSIONING OF A WIND FARM must INCLUDE AT A MINIMUM all of the following: (a) REMOVAL OF ALL PROJECT MATERIALS, REGARDLESS OF THEIR DEPTH BELOW THE SURFACE, INCLUDING TURBINES, SUBSTATIONS, TOWER FOUNDATIONS, BURIED CABLES, TRANSMISSION LINES, ROADWAY PAVING AND ANY OTHER NONNATIVE MATERIALS, AND THE REMOVAL OR REMEDIATION OF CONTAMINATED SOIL, REGARDLESS OF ITS DEPTH BELOW the SURFACE. (b) the prohibition, during the removal and remediation of the wind farm, on disposing, incinerating or burying ON-SITE OR ON ANY LAND WITHIN THE COUNTY any project materials. (c) that THE OWNER OF THE WIND FARM PROVIDE FINANCIAL SURETY IN A FORM AND AMOUNT SATISFACTORY TO COVER THE COST OF cleanup, decommissioning and RESTORING THE SITE TO ITS ORIGINAL CONDITION ON TERMINATION OF THE PROJECT OR DECOMMISSIONING AFTER THE LIFE OF THE PROJECT. DECOMMISSIONING monies SHALL BE AN AMOUNT EQUAL TO THE TOTAL COSTS FOR DECOMMISSIONING THE SITE, PLUS A TEN PERCENT CONTINGENCY. DECOMMISSIONING monies SHALL BE MAINTAINED IN THE FORM OF A PERFORMANCE BOND, SURETY BOND, BANK LETTER OF CREDIT, STABLE PARENT COMPANY GUARANTEE OR OTHER FORM OF FINANCIAL ASSURANCE AS APPROVED BY THE COUNTY. FINANCIAL SURETY SHALL BE MAINTAINED FOR THE LIFE OF THE PROJECT. PROOF OF RECERTIFICATION OF THE FINANCIAL SURETY INSTRUMENT shall BE SUBMITTED TO THE COUNTY ANNUALLY. (d) that THE FINANCIAL SURETY required pursuant to subdivision (c) of this paragraph ensure THAT the CLEANUP, MITIGATION, REMOVAL AND DECOMMISSIONING WILL BE UNDERTAKEN AND COMPLETED WITHOUT REGARD TO THE THEN EXISTING OWNERSHIP OF OR TITLE TO the wind farm FACILITY AND THE property where the wind farm is located. The financial surety SHALL BE BINDING ON ALL SUCCESSORS AND ASSIGNS OF THE OWNER OF THE WIND FARM PROJECT. THE financial surety SHALL BE STRUCTURED TO SURVIVE any BANKRUPTCY, DISSOLUTION, INSOLVENCY OR OTHER TERMINATION OF THE WIND FARM OWNERship AS A LEGAL ENTITY. (e) that The amount of the FINANCIAL SURETY required pursuant to subdivision (c) of this paragraph BE ADJUSTED ANNUALLY FOR INFLATION BASED ON THE CONSUMER PRICE INDEX of the United States department of labor, bureau of labor statistics. (f) that ANY FINANCIAL DOCUMENT EVIDENCING THE MAINTENANCE OF THE cleanup, DECOMMISSIONING and restoring monieS required pursuant to subdivision (c) of this paragraph INCLUDE PROVISIONS FOR RELEASING THE monieS TO THE COUNTY IN THE EVENT DECOMMISSIONING, restoring and cleanup are NOT COMPLETED IN A TIMELY MANNER. B. EVERY THREE YEARS, THE OWNER OF THE WIND FARM on public land SHALL RETAIN AN INDEPENDENT ENGINEER registered pursuant to title 32, chapter 1 and APPROVED BY THE COUNTY TO REESTIMATE THE TOTAL COST OF cleanup, DECOMMISSIONING and restoring the wind farm and property. The engineer shall ATTEST THAT THE VALUE OF THE FINANCIAL SURETY INSTRUMENT required pursuant to subsection A, paragraph 4, subdivision (c) of this section IS APPROPRIATE. THe engineer's REPORT SHALL BE FILED WITH THE COUNTY AND SHALL INCORPORATE ANY NEW INDUSTRY INFORMATION the wind farm owner has obtained SINCE THE LAST COST DETERMINATION. END_STATUTE START_STATUTE11-884. Ownership change; county approval; notification A. If the wind farm is located on state or federal land, The county board of supervisors shall approve any CONVEYANCE, TRANSFER, ASSIGNMENT OR OTHER DIVESTITURE OF ownership of a WIND FARM before the transfer of ownership. THE BOARD'S APPROVAL SHALL BE contingent ON AN ASSESSMENT OF THE potential BUYER'S FINANCIAL, TECHNICAL, LEGAL AND CHARACTER QUALIFICATIONS. B. the owner of a wind farm shall provide WRITTEN NOTICE TO THE COUNTY board of supervisors IMMEDIATELY OF a planned CONVEYANCE, TRANSFER, ASSIGNMENT OR OTHER DIVESTITURE of the ownership of the wind farm. The notice shall be provided to the county NOt LATER THAN TWENTY DAYS before THE proposed EFFECTIVE DATE OF the CONVEYANCE, TRANSFER, ASSIGNMENT OR OTHER DIVESTITURE. END_STATUTE Sec. 3. Title 19, chapter 1, article 4, Arizona Revised Statutes, is amended by adding section 19-144, to read: START_STATUTE19-144. Wind farms; referendum petition against county action A. ON THE APPROVAL by the board of supervisors OF THE issuance of a construction or conditional use permit for a wind farm, A PERSON OR ORGANIZATION MAY FILE A REFERENDUM PETITION AGAINST THE ISSUANCE of the wind farm construction or CONDITIONAL USE PERMIt. B. A REFERENDUM PETITION AND ELECTION AGAINST A construction or conditional use PERMIT MAY BE LIMITED TO THE SUPERVISORY DISTRICT IN WHICH THE PROPOSED WIND FARM IS LOCATED. C. THE WHOLE NUMBER OF VOTES CAST AT THE ELECTION AT WHICH A COUNTY SUPERVISOR WAS CHOSEN LAST PRECEDING THE SUBMISSION OF THE APPLICATION FOR A PETITION AGAINST A wind farm construction or conditional use permit SHALL BE THE BASIS ON WHICH THE NUMBER OF ELECTORS OF THE DISTRICT REQUIRED TO FILE A REFERENDUM PETITION SHALL BE COMPUTED. D. THE referendum PETITION SHALL BE FILED WITH THE COUNTY CLERK WITHIN SIXTY DAYS after the board of supervisors APPROVes THE wind farm construction or conditional use PERMIT. END_STATUTE Sec. 4. Title 30, Arizona Revised Statutes, is amended by adding chapter 2, to read: CHAPTER 2 WIND FARMS ARTICLE 1. GENERAL PROVISIONS START_STATUTE30-301. Definitions In this chapter, unless the context otherwise requires: 1. "OWNER" MEANS THE PERSON, CORPORATION, ASSOCIATION OR OTHER FIRM that OWNS A MAJORITY INTEREST IN THE WIND FARm PROJECT on state or federal land AND has authority to do both of the following: (a) MAKE DECISIONS AFFECTING THE PROJECT OR PROJECT SITE. (b) BIND THE wind farm PROJECT TO THE REQUIREMENTS OF ANY CONTRACT, LEASE, STATUTE, ORDINANCE, PERMIT OR OTHER AGREEMENT RELATED TO THE WIND FARM PROJECT OR PROJECT SITE. 2. "WIND FARM": (a) Includes UTILITY-SCALE WIND TURBINES AND ASSOCIATED FACILITIES on state or federal land THAT HAVE AN INTERCONNECTION TO THE ELECTRICAL GRID AND THAT ARE DESIGNED FOR OR CAPABLE OF OPERATION AT AN AGGREGATE CAPACITY OF FIVE OR MORE MEGAWATTS. (b) DOES NOT INCLUDE ONE OR MORE WIND TURBINES AND ASSOCIATED FACILITIES THAT ARE PRIMARILY DEDICATED TO PROVIDING ELECTRICITY TO A SINGLE CUSTOMER AT A SINGLE LOCATION. END_STATUTE START_STATUTE30-302. Location; approvals; leases; state agencies; annual consultation A. A WIND farm MAY NOT BE LOCATED WITHIN six MILES OF ANY PROPERTY THAT IS ZONED for RESIDENTIAL use. B. unless prohibited by federal law, Before applying FOR ANY LEASE OR CONDITIONAL USE PERMIT TO A FEDERAL AGENCY, THis STATE OR a POLITICAL SUBDIVISION OF THIS STATE, THE OWNER OF A WIND FARM SHALL OBTAIN THE APpROVAL OF all of the following: 1. THE state historic preservation office. The state historic preservation office shall issue an approval after review of ALL Potential GROUND DISTURBANCES AND PROPOSED MITIGATIONS, INCLUDING AN ASSESSMENT OF ANY ADVERSE EFFECT OR IMPACT TO CULTURAL PROPERTIES, NATIONAL REGISTERED HISTORIC DISTRICTS, ARCHAEOLOGICAL SITES AND UNMARKED BURIAL SITES associated with the proposed wind farm project. 2. THE ARIZONA GAME AND FISH DEPARTMENT. The Arizona game and fish department shall issue an approval after review and assessment of the direct, indirect or cumulative IMPACTS of the proposed wind farm project ON WILDLIFE. THE WILDLIFE IMPACT review and ASSESSMENT SHALL INCLUDE A DETERMINATION OF WHETHER THE WIND FARM PROJECT WILL impact any of the following: (a) ANY ENDANGERED, THREATENED OR OTHER SPECIAL STATUS SPECIES POPULATION OR THEIR HABITATs, INCLUDING RIPARIAN AREAS AND SIGNIFICANT TOPOGRAPHIC FEATURES. (b) MIGRATORY BIRD AND MAMMALIAN SPECIES WHOSE MIGRATORY ROUTES TRAVERSE THE PROJECT AREA, INCLUDING ANY ADVERSE IMPACTS ON IMPORTANT BIRD AREAS. (c) NATIVE RESIDENT SPECIES OF VERTEBRATES AND INVERTEBRATES AND THEIR HABITATs. (d) HUNTING, FISHING AND WILDLIFE VIEWING OPPORTUNITIES, INCLUDING THE HABITAT, LIFE CYCLES, PREY AND FOOD CHAIN OF THE WILDLIFE, FISH AND BIRDS COMMONLY HUNTED IN THE areas WITHIN AND ADJACENT TO THE WIND FARM. 3. THE ARIZONA GEOLOGICAL SURVEY. The Arizona geological survey approval of the proposed wind farm project shall be based on AN ASSESSMENT OF KNOWN AND POTENTIAL GEOLOGIC HAZARDS, KNOWN AREAS OF EARTH FISSURES, BEDROCK INSTABILITY AND ANY LIMIT TO LAND USE, DISTURBANCE AND MANAGEMENT OF THE WIND FARM PROJECT. 4. THE FEDERAL AVIATION ADMINISTRATION. The federal aviation administration's approval shall be based on a review and DETERMINATION of whether THE PROPOSED WIND FARM project IS WITHIN A Federal Aviation Administration-DESIGNATED CIVILIAN AIRPORT RUNWAY CLEAR ZONE OR RUNWAY PROTECTION ZONE OR A MILITARY AIRFIELD CLEAR ZONE OR ACCIDENT POTENTIAL ZONE. c. THE OWNER OF A WIND FARM SHALL ANNUALLY CONSULT WITH A SUPERVISOR OF THE NATURAL RESOURCE CONSERVATION district IN WHICH THE WIND FARM IS LOCATED. The consultation shall inCLUDe all of THE FOLLOWING: 1. PREVENTION AND CONTROL OF SOIL EROSION BY WATER AND WIND. 2. ERADICATION OF NOXIOUS GROWTHS AND INVASIVE VEGETATION. 3. RESEEDING OF ERADICATED AREAS. 4. IMPLEMENTATION OF SOIL HEALTH PRACTICES TO IMPROVE SOIL ORGANIC MATTER, sOIL STRUCTURE AND ITS WATER-HOLDING AND NUTRIENT-HOLDING CAPACITY. 5. REVIEW OF THE LAND, SOIL, WATER, PLANT COVER AND OTHER NATURAL RESOURCES WITHIN THE PERIMETER OF THE WIND FARM FOR THE PURPOSES OF MAINTAINING THE LAND IN A HEALTHY STATUS FOR EVENTUAL RESTORATION TO ITS ORIGINAL CONDITION. D. The state land department may not approve the lease of state land for a proposed wind farm and the governor may not direct the state land department to approve the lease of state land for a proposed wind farm if a county board of supervisors denies the issuance of a construction or conditional use permit pursuant to section 11-882 or if the voters pass a referendum against the approval by the board of supervisors of a construction or conditional use permit filed pursuant to section 19-144. A federal land manager may not allow the construction of a wind farm on federal land without the approval of the county board of supervisors of THE county where the federal land is located or if the voters pass a referendum against the approval by the board of supervisors of a construction or conditional use permit filed pursuant to section 19-144. END_STATUTE START_STATUTE 30-303. Decommissioning and cleanup When a wind farm is decommissioned, the department of environmental quality shall ensure that the cleanup, mitigation, removal and decommissioning is undertaken and completed pursuant to the requirements adopted pursuant to section 11-883. END_STATUTE Sec. 5. Section 37-281.02, Arizona Revised Statutes, is amended to read: START_STATUTE37-281.02. Leasing state lands for commercial purposes for more than ten years A. All state lands are subject to lease as provided in this article for a term in excess of ten years, but not more than ninety-nine years, for commercial purposes to the highest and best bidder at public auction. The auction shall be conducted at the place, in the manner, and after the notice by publication provided for sales of such lands except as otherwise provided in this section. For commercial leases of state land more than three miles outside the boundaries of incorporated cities and towns having a population of ten thousand persons or less or more than five miles outside the boundaries of incorporated cities and towns having a population in excess of ten thousand persons, the department shall cooperate with the county or counties in which the land to be leased is located in considering the intended uses. if the proposed lease is for the construction and conditional use of a wind farm as defined in section 30-301, the department shall cooperate with the cities and towns that are within twenty-five miles of the outer perimeter of the land to be leased in considering the intended uses. The leases shall be granted in accordance with the Constitution of Arizona, state laws and the rules of the department. B. If the department determines that leasing of the land is in the best interest of the state, the tract or tracts shall be offered for lease to the highest and best bidder. C. Each offer for lease shall reserve the right in the department to reject any and all bids and to again offer the tract or tracts for lease if the bids received are not acceptable to the department. D. Upon On announcement of the successful bidder, the first year's annual rental shall be paid by cashier's check. The successful bidder shall also pay the cost of the publication and reasonable expenses of the sale, and such funds monies shall be subject to the provisions of section 37-107. If there are bids exceeding the minimum bid accepted at the auction, the successful bidder has until 5:00 p.m. of the fifth business day following the date of the auction to deposit a cashier's check with the department for the amount exceeding the minimum bid for the first year's rent. The failure to pay the first year's rent at the time of the auction or to pay the amount exceeding the minimum bid by 5:00 p.m. on the fifth business day after the auction results in forfeiture of the lease and all monies paid. In the event of forfeiture, the commissioner may declare that the bid placed before the final bid accepted is the highest bid, and that bidder has five business days after notification by the department to pay by cashier's check all amounts due under this section and section 37-107. E. Before acceptance of any bid for a lease under this section, the department shall establish to its satisfaction the responsibility of the bidder. F. Each lease shall be for a term in excess of ten years, but not more than ninety-nine years, as determined by the department, and shall provide for an annual rental of not less than the appraised fair market rental value of the land. The department shall establish a rental adjustment formula by which the rental provided for in the lease is subject to adjustment after periods of time specified in the lease. A period of time shall not exceed five years. The department shall include a rental adjustment formula in each lease. The rental for the first five-year period and the rental adjustment formula for that lease shall be established by the department prior to before the call for bids. The department shall publish in the call for bids the rental for the first period and the rental adjustment formula for that lease. G. A lease issued under this section may include an amortization schedule to be used to determine the value of improvements when the lease is terminated. H. All provisions of this title applicable to state lands and the lease thereof, not in conflict with the provisions of this section, shall apply to leasing and leases issued under this section. I. The department shall require an applicant to pay a deposit before beginning to process an application to lease state trust lands if the applicant did not bid at an auction where the applicant initiated the process. The deposit shall be based on the approximate first year rental plus administrative expenses and shall be deposited in a noninterest bearing account. Monies must be deposited at the time of filing an application or at a time determined by the commissioner. If the applicant is not the successful bidder at public auction, the department shall refund the deposit to the applicant. If the applicant is the successful bidder, the department shall apply the deposit to the rental price at auction. If there are no bids at the time of the auction, the department shall transfer the deposit made by the applicant to the appropriate trust beneficiary. END_STATUTE Sec. 6. Section 37-286, Arizona Revised Statutes, is amended to read: START_STATUTE37-286. Execution of leases by department; covenants; assignment of lease by lessee A. Leases shall be signed by the commissioner and sealed with the seal of the state land department, and shall contain covenants that the lessee will not permit allow any loss, cause any waste in or upon on the land, or cut, waste or allow to be cut or wasted, any timber or standing trees thereon without written consent of the department, except for fuel for domestic uses, or for necessary improvements on the land, and that the lessee will surrender peaceable possession of the lands at the expiration of the lease. Nothing in This section shall be construed to permit does not allow the cutting of saw timber for any purpose without the written consent of the department. b. IF THE LESSEE IS THE OWNER OF A WIND FARM as defined in section 30-301, both of the following apply: 1. THE STATE LAND LEASE OR RIGHT-OF-WAY LEASE SHALL INCORPORATE BY REFERENCE ALL REQUIREMENTS SET FORTH IN THE construction and CONDITIONAL USE PERMITs ISSUED BY THE COUNTY IN WHICH THE WIND FARM IS LOCATED. 2. IN ADDITION TO THE REQUIREMENTS of section 11-882, THE LEase SHALL include a RESTORATION SECURITY INSTRUMENT APPROVED BY THE DEPARtMENT SUFFICIENT TO COVER THE COSTS OF REGRADING, REVEGETATION AND LABOR TO FULLY RESTORE THE leased LAND TO ITS ORIGINAL CONDITION, INCLUDING MEASURES NECESSARY TO ADDRESS ECOLOGICAL AND VISUAL IMPACTS. THE RESTORATION SECURITY INSTRUMENT SHALL SPECIFY HOW STATE LANDS WILL BE RESTORED AND REVEGETATED. PROOF OF RECERTIFICATION OF THE SECURITY INSTRUMENT required by this paragraph SHALL BE SUBMITTED TO THE department ANNUALLY FOR THE LIFE OF THE WIND FARM. B. c. A lessee of state lands who is not in default in rent, and who has kept and performed all the conditions of his the lessee's lease, may, with the written consent of the department, may assign the lease, but a lessee who assigns a holding lease shall pay to the department one-half of the consideration received for the assignment. END_STATUTE Sec. 7. Section 37-301, Arizona Revised Statutes, is amended to read: START_STATUTE37-301. Procedure for protesting auctions A. Any person who desires to protest any of the terms of a proposed auction for the sale of state land, the lease of state land, or the sale of natural products of state land shall file a written protest with the department within thirty days after the first day of publication of the terms of the proposed auction. All protests shall state specifically the term or terms of the auction to which objection is made and state specifically the reasons for each objection. An objection not specifically stated or timely made is deemed to be waived. B. At his the commissioner's discretion, the commissioner, on ten days' notice, may order a hearing on any protest. Whether or not a hearing is held, the commissioner, not less than seven days before the auction date, shall enter a final order determining the validity of the protests. If the commissioner determines that a protest is correct, the pending auction shall be cancelled. If the commissioner determines that the grounds of protest are incorrect, the auction shall proceed at the time and place for which it was noticed. C. Notwithstanding section 37-133, the commissioner's order granting or denying a protest is subject to review only through a special action to the court of appeals or supreme court, served on the department within twenty days after the commissioner's order is entered. Notwithstanding any law or rule applicable to other orders of the commissioner, no a motion for rehearing is not required before seeking review of an order of the commissioner rejecting a protest to the terms of an auction. Any rehearing motion shall be filed within ten days of after the entry of the commissioner's order. Unless otherwise ordered by the commissioner, the filing of a motion for rehearing does not extend the time for seeking review of the commissioner's order granting or denying a protest. Unless the commissioner orders a rehearing within five days after the rehearing motion is filed, the rehearing motion is deemed denied. If a special action review is not sought within twenty days after the commissioner enters his the commissioner's order granting or denying a protest, or if the commissioner's order is sustained on special action review and the decision becomes final, no further action contesting the legality of the terms of the auction may not be brought. d. any person who resides within twelve miles of a proposed auction of state land for the construction and conditional use of a wind farm as defined in section 30-301 has standing to protest the proposed auction. END_STATUTE Sec. 8. Heading change The article heading of title 37, chapter 2, article 10, Arizona Revised Statutes, is changed from "RIGHTS OF WAY AND SITES FOR PUBLIC USES" to "RIGHTS-OF-WAY AND SITES FOR PUBLIC USES". Sec. 9. Section 37-461, Arizona Revised Statutes, is amended to read: START_STATUTE37-461. Grants of rights-of-way and sites for public uses A. The department may grant rights-of-way for any purpose it deems necessary, and sites for reservoirs, dams and power or irrigation plants, or other purposes, on and over state lands, subject to terms and conditions the department imposes. The department may make rules respecting the granting and maintenance of such rights-of-way and sites. B. The department may grant rights-of-way for transportation purposes to federal agencies, state agencies or political subdivisions of this state for nonexclusive uses for a term exceeding ten years without a public auction. If a grant of a right-of-way or site to any other entity amounts to the disposition of or conveys a perpetual right to use the surface of the land, the department shall grant the right-of-way or site at public auction to the highest and best bidder. if the grant of a right-of-way or site is for the construction and conditional use of a wind farm as defined in section 30-301, the department shall grant the rights-of-way or site at public auction to the highest and best bidder. C. The department may grant rights-of-way to any person for nonexclusive uses for a term of not more than fifty years without a public auction. END_STATUTE Sec. 10. Section 40-360.06, Arizona Revised Statutes, is amended to read: START_STATUTE40-360.06. Factors to be considered in issuing a certificate of environmental compatibility A. The committee may approve or deny an application and may impose reasonable conditions on the issuance of a certificate of environmental compatibility. and In so doing, the committee shall consider the following factors as a basis for its action with respect to the suitability of either plant or transmission line siting plans: 1. Existing plans of this state, a local government and private entities for other developments at or in the vicinity of the proposed site. 2. Fish, wildlife and plant life and associated forms of life on which they are dependent. 3. Noise emission levels and interference with communication signals. 4. The proposed availability of the site to the public for recreational purposes, consistent with safety considerations and regulations. 5. Existing scenic areas, historic sites and structures or archaeological sites at or in the vicinity of the proposed site. 6. The total environment of the area. 7. The technical practicability of achieving a proposed objective and the previous experience with equipment and methods available for achieving a proposed objective. 8. The estimated cost of the facilities and site as proposed by the applicant and the estimated cost of the facilities and site as recommended by the committee, recognizing that any significant increase in costs represents a potential increase in the cost of electric energy to the customers or the applicant. 9. Any additional factors that require consideration under applicable federal and state laws pertaining to any such site. B. The committee shall give special consideration to the protection of areas THAT ARE unique because of biological wealth or because they are habitats for rare and endangered species. c. If the application is for the construction AND conditional use of a wind farm as defined in section 30-301, the committee shall consider the impact of the wind farm on the visual and aesthetic character of the area. The committee shall have the objective of preserving and protecting the natural qualities of the existing scenic areas, historic sites and districts of historical significance and structures and unique geologic features. C. d. Notwithstanding any other provision of this article, the committee shall require in all certificates of environmental compatibility for facilities that the applicant comply with all applicable nuclear radiation standards and air and water pollution control standards and regulations, but shall not require either of the following: 1. Compliance with performance standards other than those established by the agency having primary jurisdiction over a particular pollution source. 2. That a contractor, subcontractor, material supplier or other person that is engaged in the construction, maintenance, repair or improvement of any project subject to approval of the commission negotiate, execute or otherwise become a party to any project labor agreement, neutrality agreement as defined in section 34-321, apprenticeship program participation or contribution agreement or other agreement with employees, employees' representatives or any labor organization as a condition of or a factor in the commission's approval of the project. This paragraph does not: (a) Prohibit private parties from entering into individual collective bargaining relationships. (b) Regulate or interfere with activity that is protected by law, including the national labor relations act. D. e. Any certificate of environmental COMPATIBILITY that is granted by the committee shall be conditioned on compliance by the applicant with all applicable ordinances, master plans and regulations of the this state, a county or an incorporated city or town, except that the committee may grant a certificate of environmental COMPATIBILITY notwithstanding any such ordinance, master plan or regulation, exclusive of franchises, if the committee finds as a fact that compliance with such an ordinance, master plan or regulation is unreasonably restrictive and compliance therewith is not feasible in view of technology available. When If it becomes apparent to the chairman of the committee or to the hearing officer that an issue exists with respect to whether such an ordinance, master plan or regulation is unreasonably restrictive and compliance therewith is not feasible in view of technology available, the chairman or hearing officer shall promptly serve notice of such that fact by certified mail on the chief executive officer of the area of jurisdiction affected and, notwithstanding any provision of this article to the contrary, shall make such that area of jurisdiction a party to the proceedings on its request and shall give it an opportunity to respond on such that issue. END_STATUTE Sec. 11. Moratorium There is a moratorium on the approval of construction or conditional use permits for six months after the effective date of this act to allow counties to develop rules, regulations and ordinances that conform with this act. Sec. 12. Applicability This act does not apply to a wind farm project that has been approved and is under construction as of the effective date of this act. Sec. 13. Retroactivity This act applies retroactively to from and after December 31, 2024. |
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| 67 | + | Be it enacted by the Legislature of the State of Arizona: Section 1. Section 37-604, Arizona Revised Statutes, is amended to read: START_STATUTE37-604. Exchange of state land; procedure; rules; limitation and exceptions; definition A. State land may be exchanged for public other land in this state to improve the management of state lands for the purpose of sale or lease or conversion to public use of state lands or to assist in preserving and protecting military facilities in this state. Exchanges may be made for land owned or administered by a person, other state agencies, counties, municipalities or the United States or its agencies. Exchanges with the United States or its agencies shall be in conformance with section 37-722, but the department shall also follow the procedures and requirements prescribed by article X, section 12, Constitution of Arizona, subsection C, paragraph 7 of this section and the classification procedures in section 37-212. B. The department shall adopt rules governing the application and procedure for the exchange of state land. Such The rules shall include the following requirements: 1. The application shall include: (a) The name, mailing address, telephone number and relevant affiliation, if any, of the applicant. (b) A legal description of all lands to be considered for exchange. (c) A list of permanent improvements on the state lands to be considered for exchange. (d) A list of the leasehold interest in the state land to be considered for exchange. (e) Accompanying agreements, if any, with the leaseholder or owner of improvements on the state land to be considered for exchange. 2. Payment of fees prescribed for that purpose pursuant to section 37-107. 3. Such Any additional requirements as the department determines to be necessary. On determining that the application is complete and correct, including payment of the required fees, and on completion of processing and analyzing the application, and on determining that the proposed exchange would benefit the applicable trust, the department shall notify and deliver a report containing details of the proposed exchange to the president of the senate, the speaker of the house of representatives and the state legislators from the legislative districts in which the lands proposed to be exchanged are located. C. Exchanges of state lands are subject to the following requirements: 1. The commissioner shall determine by at least two independent appraisals that the state lands being considered for exchange are of substantially equal value or of lesser value than the land offered by the applicant. 2. At least two independent analyses of the proposed exchange must be conducted to determine: (a) The income to the trust from the lands before the exchange and the projected income to the trust after the exchange. (b) The fiscal impact of the exchange on each county, city, or town and school district in which all the lands involved in the exchange are located. (c) The physical, economic and natural resource impacts of the proposed exchange on the surrounding or directly adjacent communities and the impacts on military facilities, local land uses and land use plans. 3. The commissioner may require the applicant to pay the cost of the independent appraisals and analyses required by this subsection. 4. No A county or municipality may not be permitted to select lands in another county or municipality. 5. State lands known to contain oil, gases and other hydrocarbon substances, coal or stone, metals, minerals, fossils and fertilizer, in paying quantities, and state lands adjoining lands on which there are producing oil or gas wells, or adjoining lands known to contain any of such substances in paying quantities shall not be exchanged. These prohibitions against exchange shall not prevent the exchange of lands where the this state does not own such substances, minerals or metals in the lands to be considered for exchange. 6. All state lands offered for trade exchange pursuant to this section must be located in the same county as the lands offered to the this state. However, lands in adjoining counties more than three miles outside the corporate boundaries of incorporated cities and towns having with a population of ten thousand people or less and lands in adjoining counties but more than five miles outside the corporate boundaries of incorporated cities and towns having with a population in excess of ten thousand people may be exchanged to facilitate consolidating land ownership if the boards of supervisors of the counties in which lands are to be exchanged give their prior approval. 7. Prior to public notice of a proposed exchange of state lands for other lands, the department shall give thirty days' notice in writing to other interested state agencies, counties, municipalities, the military affairs commission established by section 26-261, each military facility at the address on record at the department parties and to leaseholders on state lands that are to be exchanged and on state lands that are adjacent to the lands to be exchanged. 8. Before any state land may be considered for exchange under this article, the land shall be classified as suitable for such the purposes in accordance with section 37-212. Any person that is adversely affected by such the classification may appeal from the decision as provided in section 37-215. 9. After determining that the application is complete and correct and all required payments, appraisals and analyses have been completed, the department shall publish notice of the proposed exchange in the same manner and places as is required for the sale of state lands pursuant to section 37-237, except that the notice shall be published once each week for six consecutive weeks. The notice shall contain a legal description of the properties involved and any other pertinent terms and conditions of the exchange. The department shall also schedule at least two public hearings on the exchange contemplated in the notice. One hearing must be held at the state capital and another hearing must be held in a location of general accessibility in the proximate vicinity of the state lands that are being exchanged. Any person may appear and comment on the proposed exchange at that time. 10. Within sixty days after the conclusion of the last hearing, the commissioner shall determine and issue a written finding recommending either that the exchange be denied or approved and shall transmit the finding to the governor, the president of the senate, the speaker of the house of representatives and the secretary of state. D. Each exchange transaction must be approved by the qualified electors of this state in the form of a referendum submitted and conducted legislature and the governor pursuant to article IV x, part 1, section 1 12, Constitution of Arizona, at the next regular general election. To be approved, the proposition a joint resolution must receive an affirmative vote of a majority of the qualified electors voting on the measure members of both chambers of the LEGISLATURE and the signature of the governor. E. Lands conveyed to the this state under this article shall, on acceptance of title and recording, shall be dedicated to the same purpose and administered under the same laws to which the lands conveyed were subject, but may be reclassified as provided in section 37-212. F. This section applies with respect to the exchange of lands held in trust by this state pursuant to the enabling act and the Constitution of Arizona and does not apply with respect to any other state land under the jurisdiction of the department or the commissioner. G. The provisions of this section do not diminish or otherwise affect the commissioner's fiduciary responsibilities with respect to lands held in trust by this state as provided by the enabling act and the Constitution of Arizona. H. For the purposes of this section, "military facilities" includes: 1. Military airports, ancillary military facilities, military training routes, high noise or accident potential zones and territory in the vicinity as defined in section 28-8461. 2. Military reservations or other real property owned by, leased to, designated for, reserved to or under the jurisdiction of an active unit of the uniformed services of the United States or any reserve or national guard component of the uniformed services of the United States. 3. Military electronics ranges as defined in section 9-500.28. 4. Military restricted airspace identified pursuant to section 37-102. 5. The Barry M. Goldwater range as described in section 37-620, subsection D, paragraph 3, subdivision (a). END_STATUTE Sec. 2. Conditional enactment This act does not become effective unless the Constitution of Arizona is amended by vote of the people at the next general election by passage of Senate Concurrent Resolution 1006, fifty-seventh legislature, first regular session, relating to state trust land. |
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| 112 | | - | 2. That any FINANCIAL surety or other assurance required pursuant to Paragraph 1 of this subsection INCLUDE a PROVISION FOR RELEASING THE monieS TO THE COUNTY IN THE EVENT CLEANUP AND MITIGATION ARE NOT COMPLETED IN A TIMELY MANNER. |
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| 113 | | - | |
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| 114 | | - | 3. That any financial surety or other assurance required pursuant to paragraph 1 of this subsection BE MAINTAINED FOR THE LIFE OF THE PROJECT. PROOF OF RECERTIFICATION OF THE FINANCIAL SURETY or other assurance INSTRUMENT MUST BE SUBMITTED TO THE COUNTY ANNUALLY. |
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| 115 | | - | |
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| 116 | | - | 4. If the wind farm is located on state or federal land, DECOMMISSIONING OF A WIND FARM must INCLUDE AT A MINIMUM all of the following: |
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| 117 | | - | |
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| 118 | | - | (a) REMOVAL OF ALL PROJECT MATERIALS, REGARDLESS OF THEIR DEPTH BELOW THE SURFACE, INCLUDING TURBINES, SUBSTATIONS, TOWER FOUNDATIONS, BURIED CABLES, TRANSMISSION LINES, ROADWAY PAVING AND ANY OTHER NONNATIVE MATERIALS, AND THE REMOVAL OR REMEDIATION OF CONTAMINATED SOIL, REGARDLESS OF ITS DEPTH BELOW the SURFACE. |
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| 119 | | - | |
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| 120 | | - | (b) the prohibition, during the removal and remediation of the wind farm, on disposing, incinerating or burying ON-SITE OR ON ANY LAND WITHIN THE COUNTY any project materials. |
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| 121 | | - | |
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| 122 | | - | (c) that THE OWNER OF THE WIND FARM PROVIDE FINANCIAL SURETY IN A FORM AND AMOUNT SATISFACTORY TO COVER THE COST OF cleanup, decommissioning and RESTORING THE SITE TO ITS ORIGINAL CONDITION ON TERMINATION OF THE PROJECT OR DECOMMISSIONING AFTER THE LIFE OF THE PROJECT. DECOMMISSIONING monies SHALL BE AN AMOUNT EQUAL TO THE TOTAL COSTS FOR DECOMMISSIONING THE SITE, PLUS A TEN PERCENT CONTINGENCY. DECOMMISSIONING monies SHALL BE MAINTAINED IN THE FORM OF A PERFORMANCE BOND, SURETY BOND, BANK LETTER OF CREDIT, STABLE PARENT COMPANY GUARANTEE OR OTHER FORM OF FINANCIAL ASSURANCE AS APPROVED BY THE COUNTY. FINANCIAL SURETY SHALL BE MAINTAINED FOR THE LIFE OF THE PROJECT. PROOF OF RECERTIFICATION OF THE FINANCIAL SURETY INSTRUMENT shall BE SUBMITTED TO THE COUNTY ANNUALLY. |
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| 123 | | - | |
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| 124 | | - | (d) that THE FINANCIAL SURETY required pursuant to subdivision (c) of this paragraph ensure THAT the CLEANUP, MITIGATION, REMOVAL AND DECOMMISSIONING WILL BE UNDERTAKEN AND COMPLETED WITHOUT REGARD TO THE THEN EXISTING OWNERSHIP OF OR TITLE TO the wind farm FACILITY AND THE property where the wind farm is located. The financial surety SHALL BE BINDING ON ALL SUCCESSORS AND ASSIGNS OF THE OWNER OF THE WIND FARM PROJECT. THE financial surety SHALL BE STRUCTURED TO SURVIVE any BANKRUPTCY, DISSOLUTION, INSOLVENCY OR OTHER TERMINATION OF THE WIND FARM OWNERship AS A LEGAL ENTITY. |
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| 125 | | - | |
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| 126 | | - | (e) that The amount of the FINANCIAL SURETY required pursuant to subdivision (c) of this paragraph BE ADJUSTED ANNUALLY FOR INFLATION BASED ON THE CONSUMER PRICE INDEX of the United States department of labor, bureau of labor statistics. |
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| 127 | | - | |
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| 128 | | - | (f) that ANY FINANCIAL DOCUMENT EVIDENCING THE MAINTENANCE OF THE cleanup, DECOMMISSIONING and restoring monieS required pursuant to subdivision (c) of this paragraph INCLUDE PROVISIONS FOR RELEASING THE monieS TO THE COUNTY IN THE EVENT DECOMMISSIONING, restoring and cleanup are NOT COMPLETED IN A TIMELY MANNER. |
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| 129 | | - | |
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| 130 | | - | B. EVERY THREE YEARS, THE OWNER OF THE WIND FARM on public land SHALL RETAIN AN INDEPENDENT ENGINEER registered pursuant to title 32, chapter 1 and APPROVED BY THE COUNTY TO REESTIMATE THE TOTAL COST OF cleanup, DECOMMISSIONING and restoring the wind farm and property. The engineer shall ATTEST THAT THE VALUE OF THE FINANCIAL SURETY INSTRUMENT required pursuant to subsection A, paragraph 4, subdivision (c) of this section IS APPROPRIATE. THe engineer's REPORT SHALL BE FILED WITH THE COUNTY AND SHALL INCORPORATE ANY NEW INDUSTRY INFORMATION the wind farm owner has obtained SINCE THE LAST COST DETERMINATION. END_STATUTE |
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| 131 | | - | |
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| 132 | | - | START_STATUTE11-884. Ownership change; county approval; notification |
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| 133 | | - | |
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| 134 | | - | A. If the wind farm is located on state or federal land, The county board of supervisors shall approve any CONVEYANCE, TRANSFER, ASSIGNMENT OR OTHER DIVESTITURE OF ownership of a WIND FARM before the transfer of ownership. THE BOARD'S APPROVAL SHALL BE contingent ON AN ASSESSMENT OF THE potential BUYER'S FINANCIAL, TECHNICAL, LEGAL AND CHARACTER QUALIFICATIONS. |
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| 135 | | - | |
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| 136 | | - | B. the owner of a wind farm shall provide WRITTEN NOTICE TO THE COUNTY board of supervisors IMMEDIATELY OF a planned CONVEYANCE, TRANSFER, ASSIGNMENT OR OTHER DIVESTITURE of the ownership of the wind farm. The notice shall be provided to the county NOt LATER THAN TWENTY DAYS before THE proposed EFFECTIVE DATE OF the CONVEYANCE, TRANSFER, ASSIGNMENT OR OTHER DIVESTITURE. END_STATUTE |
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| 137 | | - | |
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| 138 | | - | Sec. 3. Title 19, chapter 1, article 4, Arizona Revised Statutes, is amended by adding section 19-144, to read: |
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| 139 | | - | |
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| 140 | | - | START_STATUTE19-144. Wind farms; referendum petition against county action |
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| 141 | | - | |
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| 142 | | - | A. ON THE APPROVAL by the board of supervisors OF THE issuance of a construction or conditional use permit for a wind farm, A PERSON OR ORGANIZATION MAY FILE A REFERENDUM PETITION AGAINST THE ISSUANCE of the wind farm construction or CONDITIONAL USE PERMIt. |
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| 143 | | - | |
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| 144 | | - | B. A REFERENDUM PETITION AND ELECTION AGAINST A construction or conditional use PERMIT MAY BE LIMITED TO THE SUPERVISORY DISTRICT IN WHICH THE PROPOSED WIND FARM IS LOCATED. |
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| 145 | | - | |
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| 146 | | - | C. THE WHOLE NUMBER OF VOTES CAST AT THE ELECTION AT WHICH A COUNTY SUPERVISOR WAS CHOSEN LAST PRECEDING THE SUBMISSION OF THE APPLICATION FOR A PETITION AGAINST A wind farm construction or conditional use permit SHALL BE THE BASIS ON WHICH THE NUMBER OF ELECTORS OF THE DISTRICT REQUIRED TO FILE A REFERENDUM PETITION SHALL BE COMPUTED. |
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| 147 | | - | |
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| 148 | | - | D. THE referendum PETITION SHALL BE FILED WITH THE COUNTY CLERK WITHIN SIXTY DAYS after the board of supervisors APPROVes THE wind farm construction or conditional use PERMIT. END_STATUTE |
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| 149 | | - | |
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| 150 | | - | Sec. 4. Title 30, Arizona Revised Statutes, is amended by adding chapter 2, to read: |
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| 151 | | - | |
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| 152 | | - | CHAPTER 2 |
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| 153 | | - | |
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| 154 | | - | WIND FARMS |
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| 155 | | - | |
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| 156 | | - | ARTICLE 1. GENERAL PROVISIONS |
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| 157 | | - | |
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| 158 | | - | START_STATUTE30-301. Definitions |
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| 159 | | - | |
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| 160 | | - | In this chapter, unless the context otherwise requires: |
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| 161 | | - | |
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| 162 | | - | 1. "OWNER" MEANS THE PERSON, CORPORATION, ASSOCIATION OR OTHER FIRM that OWNS A MAJORITY INTEREST IN THE WIND FARm PROJECT on state or federal land AND has authority to do both of the following: |
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| 163 | | - | |
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| 164 | | - | (a) MAKE DECISIONS AFFECTING THE PROJECT OR PROJECT SITE. |
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| 165 | | - | |
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| 166 | | - | (b) BIND THE wind farm PROJECT TO THE REQUIREMENTS OF ANY CONTRACT, LEASE, STATUTE, ORDINANCE, PERMIT OR OTHER AGREEMENT RELATED TO THE WIND FARM PROJECT OR PROJECT SITE. |
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| 167 | | - | |
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| 168 | | - | 2. "WIND FARM": |
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| 169 | | - | |
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| 170 | | - | (a) Includes UTILITY-SCALE WIND TURBINES AND ASSOCIATED FACILITIES on state or federal land THAT HAVE AN INTERCONNECTION TO THE ELECTRICAL GRID AND THAT ARE DESIGNED FOR OR CAPABLE OF OPERATION AT AN AGGREGATE CAPACITY OF FIVE OR MORE MEGAWATTS. |
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| 171 | | - | |
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| 172 | | - | (b) DOES NOT INCLUDE ONE OR MORE WIND TURBINES AND ASSOCIATED FACILITIES THAT ARE PRIMARILY DEDICATED TO PROVIDING ELECTRICITY TO A SINGLE CUSTOMER AT A SINGLE LOCATION. END_STATUTE |
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| 173 | | - | |
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| 174 | | - | START_STATUTE30-302. Location; approvals; leases; state agencies; annual consultation |
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| 175 | | - | |
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| 176 | | - | A. A WIND farm MAY NOT BE LOCATED WITHIN six MILES OF ANY PROPERTY THAT IS ZONED for RESIDENTIAL use. |
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| 177 | | - | |
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| 178 | | - | B. unless prohibited by federal law, Before applying FOR ANY LEASE OR CONDITIONAL USE PERMIT TO A FEDERAL AGENCY, THis STATE OR a POLITICAL SUBDIVISION OF THIS STATE, THE OWNER OF A WIND FARM SHALL OBTAIN THE APpROVAL OF all of the following: |
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| 179 | | - | |
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| 180 | | - | 1. THE state historic preservation office. The state historic preservation office shall issue an approval after review of ALL Potential GROUND DISTURBANCES AND PROPOSED MITIGATIONS, INCLUDING AN ASSESSMENT OF ANY ADVERSE EFFECT OR IMPACT TO CULTURAL PROPERTIES, NATIONAL REGISTERED HISTORIC DISTRICTS, ARCHAEOLOGICAL SITES AND UNMARKED BURIAL SITES associated with the proposed wind farm project. |
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| 181 | | - | |
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| 182 | | - | 2. THE ARIZONA GAME AND FISH DEPARTMENT. The Arizona game and fish department shall issue an approval after review and assessment of the direct, indirect or cumulative IMPACTS of the proposed wind farm project ON WILDLIFE. THE WILDLIFE IMPACT review and ASSESSMENT SHALL INCLUDE A DETERMINATION OF WHETHER THE WIND FARM PROJECT WILL impact any of the following: |
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| 183 | | - | |
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| 184 | | - | (a) ANY ENDANGERED, THREATENED OR OTHER SPECIAL STATUS SPECIES POPULATION OR THEIR HABITATs, INCLUDING RIPARIAN AREAS AND SIGNIFICANT TOPOGRAPHIC FEATURES. |
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| 185 | | - | |
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| 186 | | - | (b) MIGRATORY BIRD AND MAMMALIAN SPECIES WHOSE MIGRATORY ROUTES TRAVERSE THE PROJECT AREA, INCLUDING ANY ADVERSE IMPACTS ON IMPORTANT BIRD AREAS. |
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| 187 | | - | |
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| 188 | | - | (c) NATIVE RESIDENT SPECIES OF VERTEBRATES AND INVERTEBRATES AND THEIR HABITATs. |
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| 189 | | - | |
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| 190 | | - | (d) HUNTING, FISHING AND WILDLIFE VIEWING OPPORTUNITIES, INCLUDING THE HABITAT, LIFE CYCLES, PREY AND FOOD CHAIN OF THE WILDLIFE, FISH AND BIRDS COMMONLY HUNTED IN THE areas WITHIN AND ADJACENT TO THE WIND FARM. |
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| 191 | | - | |
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| 192 | | - | 3. THE ARIZONA GEOLOGICAL SURVEY. The Arizona geological survey approval of the proposed wind farm project shall be based on AN ASSESSMENT OF KNOWN AND POTENTIAL GEOLOGIC HAZARDS, KNOWN AREAS OF EARTH FISSURES, BEDROCK INSTABILITY AND ANY LIMIT TO LAND USE, DISTURBANCE AND MANAGEMENT OF THE WIND FARM PROJECT. |
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| 193 | | - | |
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| 194 | | - | 4. THE FEDERAL AVIATION ADMINISTRATION. The federal aviation administration's approval shall be based on a review and DETERMINATION of whether THE PROPOSED WIND FARM project IS WITHIN A Federal Aviation Administration-DESIGNATED CIVILIAN AIRPORT RUNWAY CLEAR ZONE OR RUNWAY PROTECTION ZONE OR A MILITARY AIRFIELD CLEAR ZONE OR ACCIDENT POTENTIAL ZONE. |
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| 195 | | - | |
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| 196 | | - | c. THE OWNER OF A WIND FARM SHALL ANNUALLY CONSULT WITH A SUPERVISOR OF THE NATURAL RESOURCE CONSERVATION district IN WHICH THE WIND FARM IS LOCATED. The consultation shall inCLUDe all of THE FOLLOWING: |
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| 197 | | - | |
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| 198 | | - | 1. PREVENTION AND CONTROL OF SOIL EROSION BY WATER AND WIND. |
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| 199 | | - | |
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| 200 | | - | 2. ERADICATION OF NOXIOUS GROWTHS AND INVASIVE VEGETATION. |
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| 201 | | - | |
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| 202 | | - | 3. RESEEDING OF ERADICATED AREAS. |
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| 203 | | - | |
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| 204 | | - | 4. IMPLEMENTATION OF SOIL HEALTH PRACTICES TO IMPROVE SOIL ORGANIC MATTER, sOIL STRUCTURE AND ITS WATER-HOLDING AND NUTRIENT-HOLDING CAPACITY. |
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| 205 | | - | |
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| 206 | | - | 5. REVIEW OF THE LAND, SOIL, WATER, PLANT COVER AND OTHER NATURAL RESOURCES WITHIN THE PERIMETER OF THE WIND FARM FOR THE PURPOSES OF MAINTAINING THE LAND IN A HEALTHY STATUS FOR EVENTUAL RESTORATION TO ITS ORIGINAL CONDITION. |
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| 207 | | - | |
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| 208 | | - | D. The state land department may not approve the lease of state land for a proposed wind farm and the governor may not direct the state land department to approve the lease of state land for a proposed wind farm if a county board of supervisors denies the issuance of a construction or conditional use permit pursuant to section 11-882 or if the voters pass a referendum against the approval by the board of supervisors of a construction or conditional use permit filed pursuant to section 19-144. A federal land manager may not allow the construction of a wind farm on federal land without the approval of the county board of supervisors of THE county where the federal land is located or if the voters pass a referendum against the approval by the board of supervisors of a construction or conditional use permit filed pursuant to section 19-144. END_STATUTE |
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| 209 | | - | |
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| 210 | | - | START_STATUTE 30-303. Decommissioning and cleanup |
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| 211 | | - | |
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| 212 | | - | When a wind farm is decommissioned, the department of environmental quality shall ensure that the cleanup, mitigation, removal and decommissioning is undertaken and completed pursuant to the requirements adopted pursuant to section 11-883. END_STATUTE |
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| 213 | | - | |
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| 214 | | - | Sec. 5. Section 37-281.02, Arizona Revised Statutes, is amended to read: |
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| 215 | | - | |
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| 216 | | - | START_STATUTE37-281.02. Leasing state lands for commercial purposes for more than ten years |
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| 217 | | - | |
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| 218 | | - | A. All state lands are subject to lease as provided in this article for a term in excess of ten years, but not more than ninety-nine years, for commercial purposes to the highest and best bidder at public auction. The auction shall be conducted at the place, in the manner, and after the notice by publication provided for sales of such lands except as otherwise provided in this section. For commercial leases of state land more than three miles outside the boundaries of incorporated cities and towns having a population of ten thousand persons or less or more than five miles outside the boundaries of incorporated cities and towns having a population in excess of ten thousand persons, the department shall cooperate with the county or counties in which the land to be leased is located in considering the intended uses. if the proposed lease is for the construction and conditional use of a wind farm as defined in section 30-301, the department shall cooperate with the cities and towns that are within twenty-five miles of the outer perimeter of the land to be leased in considering the intended uses. The leases shall be granted in accordance with the Constitution of Arizona, state laws and the rules of the department. |
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| 219 | | - | |
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| 220 | | - | B. If the department determines that leasing of the land is in the best interest of the state, the tract or tracts shall be offered for lease to the highest and best bidder. |
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| 221 | | - | |
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| 222 | | - | C. Each offer for lease shall reserve the right in the department to reject any and all bids and to again offer the tract or tracts for lease if the bids received are not acceptable to the department. |
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| 223 | | - | |
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| 224 | | - | D. Upon On announcement of the successful bidder, the first year's annual rental shall be paid by cashier's check. The successful bidder shall also pay the cost of the publication and reasonable expenses of the sale, and such funds monies shall be subject to the provisions of section 37-107. If there are bids exceeding the minimum bid accepted at the auction, the successful bidder has until 5:00 p.m. of the fifth business day following the date of the auction to deposit a cashier's check with the department for the amount exceeding the minimum bid for the first year's rent. The failure to pay the first year's rent at the time of the auction or to pay the amount exceeding the minimum bid by 5:00 p.m. on the fifth business day after the auction results in forfeiture of the lease and all monies paid. In the event of forfeiture, the commissioner may declare that the bid placed before the final bid accepted is the highest bid, and that bidder has five business days after notification by the department to pay by cashier's check all amounts due under this section and section 37-107. |
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| 225 | | - | |
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| 226 | | - | E. Before acceptance of any bid for a lease under this section, the department shall establish to its satisfaction the responsibility of the bidder. |
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| 227 | | - | |
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| 228 | | - | F. Each lease shall be for a term in excess of ten years, but not more than ninety-nine years, as determined by the department, and shall provide for an annual rental of not less than the appraised fair market rental value of the land. The department shall establish a rental adjustment formula by which the rental provided for in the lease is subject to adjustment after periods of time specified in the lease. A period of time shall not exceed five years. The department shall include a rental adjustment formula in each lease. The rental for the first five-year period and the rental adjustment formula for that lease shall be established by the department prior to before the call for bids. The department shall publish in the call for bids the rental for the first period and the rental adjustment formula for that lease. |
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| 229 | | - | |
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| 230 | | - | G. A lease issued under this section may include an amortization schedule to be used to determine the value of improvements when the lease is terminated. |
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| 231 | | - | |
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| 232 | | - | H. All provisions of this title applicable to state lands and the lease thereof, not in conflict with the provisions of this section, shall apply to leasing and leases issued under this section. |
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| 233 | | - | |
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| 234 | | - | I. The department shall require an applicant to pay a deposit before beginning to process an application to lease state trust lands if the applicant did not bid at an auction where the applicant initiated the process. The deposit shall be based on the approximate first year rental plus administrative expenses and shall be deposited in a noninterest bearing account. Monies must be deposited at the time of filing an application or at a time determined by the commissioner. If the applicant is not the successful bidder at public auction, the department shall refund the deposit to the applicant. If the applicant is the successful bidder, the department shall apply the deposit to the rental price at auction. If there are no bids at the time of the auction, the department shall transfer the deposit made by the applicant to the appropriate trust beneficiary. END_STATUTE |
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| 235 | | - | |
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| 236 | | - | Sec. 6. Section 37-286, Arizona Revised Statutes, is amended to read: |
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| 237 | | - | |
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| 238 | | - | START_STATUTE37-286. Execution of leases by department; covenants; assignment of lease by lessee |
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| 239 | | - | |
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| 240 | | - | A. Leases shall be signed by the commissioner and sealed with the seal of the state land department, and shall contain covenants that the lessee will not permit allow any loss, cause any waste in or upon on the land, or cut, waste or allow to be cut or wasted, any timber or standing trees thereon without written consent of the department, except for fuel for domestic uses, or for necessary improvements on the land, and that the lessee will surrender peaceable possession of the lands at the expiration of the lease. Nothing in This section shall be construed to permit does not allow the cutting of saw timber for any purpose without the written consent of the department. |
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| 241 | | - | |
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| 242 | | - | b. IF THE LESSEE IS THE OWNER OF A WIND FARM as defined in section 30-301, both of the following apply: |
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| 243 | | - | |
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| 244 | | - | 1. THE STATE LAND LEASE OR RIGHT-OF-WAY LEASE SHALL INCORPORATE BY REFERENCE ALL REQUIREMENTS SET FORTH IN THE construction and CONDITIONAL USE PERMITs ISSUED BY THE COUNTY IN WHICH THE WIND FARM IS LOCATED. |
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| 245 | | - | |
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| 246 | | - | 2. IN ADDITION TO THE REQUIREMENTS of section 11-882, THE LEase SHALL include a RESTORATION SECURITY INSTRUMENT APPROVED BY THE DEPARtMENT SUFFICIENT TO COVER THE COSTS OF REGRADING, REVEGETATION AND LABOR TO FULLY RESTORE THE leased LAND TO ITS ORIGINAL CONDITION, INCLUDING MEASURES NECESSARY TO ADDRESS ECOLOGICAL AND VISUAL IMPACTS. THE RESTORATION SECURITY INSTRUMENT SHALL SPECIFY HOW STATE LANDS WILL BE RESTORED AND REVEGETATED. PROOF OF RECERTIFICATION OF THE SECURITY INSTRUMENT required by this paragraph SHALL BE SUBMITTED TO THE department ANNUALLY FOR THE LIFE OF THE WIND FARM. |
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| 247 | | - | |
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| 248 | | - | B. c. A lessee of state lands who is not in default in rent, and who has kept and performed all the conditions of his the lessee's lease, may, with the written consent of the department, may assign the lease, but a lessee who assigns a holding lease shall pay to the department one-half of the consideration received for the assignment. END_STATUTE |
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| 249 | | - | |
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| 250 | | - | Sec. 7. Section 37-301, Arizona Revised Statutes, is amended to read: |
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| 251 | | - | |
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| 252 | | - | START_STATUTE37-301. Procedure for protesting auctions |
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| 253 | | - | |
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| 254 | | - | A. Any person who desires to protest any of the terms of a proposed auction for the sale of state land, the lease of state land, or the sale of natural products of state land shall file a written protest with the department within thirty days after the first day of publication of the terms of the proposed auction. All protests shall state specifically the term or terms of the auction to which objection is made and state specifically the reasons for each objection. An objection not specifically stated or timely made is deemed to be waived. |
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| 255 | | - | |
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| 256 | | - | B. At his the commissioner's discretion, the commissioner, on ten days' notice, may order a hearing on any protest. Whether or not a hearing is held, the commissioner, not less than seven days before the auction date, shall enter a final order determining the validity of the protests. If the commissioner determines that a protest is correct, the pending auction shall be cancelled. If the commissioner determines that the grounds of protest are incorrect, the auction shall proceed at the time and place for which it was noticed. |
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| 257 | | - | |
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| 258 | | - | C. Notwithstanding section 37-133, the commissioner's order granting or denying a protest is subject to review only through a special action to the court of appeals or supreme court, served on the department within twenty days after the commissioner's order is entered. Notwithstanding any law or rule applicable to other orders of the commissioner, no a motion for rehearing is not required before seeking review of an order of the commissioner rejecting a protest to the terms of an auction. Any rehearing motion shall be filed within ten days of after the entry of the commissioner's order. Unless otherwise ordered by the commissioner, the filing of a motion for rehearing does not extend the time for seeking review of the commissioner's order granting or denying a protest. Unless the commissioner orders a rehearing within five days after the rehearing motion is filed, the rehearing motion is deemed denied. If a special action review is not sought within twenty days after the commissioner enters his the commissioner's order granting or denying a protest, or if the commissioner's order is sustained on special action review and the decision becomes final, no further action contesting the legality of the terms of the auction may not be brought. |
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| 259 | | - | |
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| 260 | | - | d. any person who resides within twelve miles of a proposed auction of state land for the construction and conditional use of a wind farm as defined in section 30-301 has standing to protest the proposed auction. END_STATUTE |
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| 261 | | - | |
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| 262 | | - | Sec. 8. Heading change |
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| 263 | | - | |
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| 264 | | - | The article heading of title 37, chapter 2, article 10, Arizona Revised Statutes, is changed from "RIGHTS OF WAY AND SITES FOR PUBLIC USES" to "RIGHTS-OF-WAY AND SITES FOR PUBLIC USES". |
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| 265 | | - | |
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| 266 | | - | Sec. 9. Section 37-461, Arizona Revised Statutes, is amended to read: |
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| 267 | | - | |
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| 268 | | - | START_STATUTE37-461. Grants of rights-of-way and sites for public uses |
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| 269 | | - | |
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| 270 | | - | A. The department may grant rights-of-way for any purpose it deems necessary, and sites for reservoirs, dams and power or irrigation plants, or other purposes, on and over state lands, subject to terms and conditions the department imposes. The department may make rules respecting the granting and maintenance of such rights-of-way and sites. |
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| 271 | | - | |
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| 272 | | - | B. The department may grant rights-of-way for transportation purposes to federal agencies, state agencies or political subdivisions of this state for nonexclusive uses for a term exceeding ten years without a public auction. If a grant of a right-of-way or site to any other entity amounts to the disposition of or conveys a perpetual right to use the surface of the land, the department shall grant the right-of-way or site at public auction to the highest and best bidder. if the grant of a right-of-way or site is for the construction and conditional use of a wind farm as defined in section 30-301, the department shall grant the rights-of-way or site at public auction to the highest and best bidder. |
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| 273 | | - | |
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| 274 | | - | C. The department may grant rights-of-way to any person for nonexclusive uses for a term of not more than fifty years without a public auction. END_STATUTE |
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| 275 | | - | |
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| 276 | | - | Sec. 10. Section 40-360.06, Arizona Revised Statutes, is amended to read: |
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| 277 | | - | |
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| 278 | | - | START_STATUTE40-360.06. Factors to be considered in issuing a certificate of environmental compatibility |
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| 279 | | - | |
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| 280 | | - | A. The committee may approve or deny an application and may impose reasonable conditions on the issuance of a certificate of environmental compatibility. and In so doing, the committee shall consider the following factors as a basis for its action with respect to the suitability of either plant or transmission line siting plans: |
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| 281 | | - | |
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| 282 | | - | 1. Existing plans of this state, a local government and private entities for other developments at or in the vicinity of the proposed site. |
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| 283 | | - | |
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| 284 | | - | 2. Fish, wildlife and plant life and associated forms of life on which they are dependent. |
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| 285 | | - | |
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| 286 | | - | 3. Noise emission levels and interference with communication signals. |
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| 287 | | - | |
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| 288 | | - | 4. The proposed availability of the site to the public for recreational purposes, consistent with safety considerations and regulations. |
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| 289 | | - | |
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| 290 | | - | 5. Existing scenic areas, historic sites and structures or archaeological sites at or in the vicinity of the proposed site. |
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| 291 | | - | |
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| 292 | | - | 6. The total environment of the area. |
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| 293 | | - | |
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| 294 | | - | 7. The technical practicability of achieving a proposed objective and the previous experience with equipment and methods available for achieving a proposed objective. |
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| 295 | | - | |
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| 296 | | - | 8. The estimated cost of the facilities and site as proposed by the applicant and the estimated cost of the facilities and site as recommended by the committee, recognizing that any significant increase in costs represents a potential increase in the cost of electric energy to the customers or the applicant. |
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| 297 | | - | |
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| 298 | | - | 9. Any additional factors that require consideration under applicable federal and state laws pertaining to any such site. |
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| 299 | | - | |
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| 300 | | - | B. The committee shall give special consideration to the protection of areas THAT ARE unique because of biological wealth or because they are habitats for rare and endangered species. |
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| 301 | | - | |
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| 302 | | - | c. If the application is for the construction AND conditional use of a wind farm as defined in section 30-301, the committee shall consider the impact of the wind farm on the visual and aesthetic character of the area. The committee shall have the objective of preserving and protecting the natural qualities of the existing scenic areas, historic sites and districts of historical significance and structures and unique geologic features. |
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| 303 | | - | |
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| 304 | | - | C. d. Notwithstanding any other provision of this article, the committee shall require in all certificates of environmental compatibility for facilities that the applicant comply with all applicable nuclear radiation standards and air and water pollution control standards and regulations, but shall not require either of the following: |
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| 305 | | - | |
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| 306 | | - | 1. Compliance with performance standards other than those established by the agency having primary jurisdiction over a particular pollution source. |
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| 307 | | - | |
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| 308 | | - | 2. That a contractor, subcontractor, material supplier or other person that is engaged in the construction, maintenance, repair or improvement of any project subject to approval of the commission negotiate, execute or otherwise become a party to any project labor agreement, neutrality agreement as defined in section 34-321, apprenticeship program participation or contribution agreement or other agreement with employees, employees' representatives or any labor organization as a condition of or a factor in the commission's approval of the project. This paragraph does not: |
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| 309 | | - | |
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| 310 | | - | (a) Prohibit private parties from entering into individual collective bargaining relationships. |
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| 311 | | - | |
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| 312 | | - | (b) Regulate or interfere with activity that is protected by law, including the national labor relations act. |
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| 313 | | - | |
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| 314 | | - | D. e. Any certificate of environmental COMPATIBILITY that is granted by the committee shall be conditioned on compliance by the applicant with all applicable ordinances, master plans and regulations of the this state, a county or an incorporated city or town, except that the committee may grant a certificate of environmental COMPATIBILITY notwithstanding any such ordinance, master plan or regulation, exclusive of franchises, if the committee finds as a fact that compliance with such an ordinance, master plan or regulation is unreasonably restrictive and compliance therewith is not feasible in view of technology available. When If it becomes apparent to the chairman of the committee or to the hearing officer that an issue exists with respect to whether such an ordinance, master plan or regulation is unreasonably restrictive and compliance therewith is not feasible in view of technology available, the chairman or hearing officer shall promptly serve notice of such that fact by certified mail on the chief executive officer of the area of jurisdiction affected and, notwithstanding any provision of this article to the contrary, shall make such that area of jurisdiction a party to the proceedings on its request and shall give it an opportunity to respond on such that issue. END_STATUTE |
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| 315 | | - | |
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| 316 | | - | Sec. 11. Moratorium |
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| 317 | | - | |
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| 318 | | - | There is a moratorium on the approval of construction or conditional use permits for six months after the effective date of this act to allow counties to develop rules, regulations and ordinances that conform with this act. |
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| 319 | | - | |
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| 320 | | - | Sec. 12. Applicability |
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| 321 | | - | |
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| 322 | | - | This act does not apply to a wind farm project that has been approved and is under construction as of the effective date of this act. |
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| 323 | | - | |
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| 324 | | - | Sec. 13. Retroactivity |
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| 325 | | - | |
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| 326 | | - | This act applies retroactively to from and after December 31, 2024. |
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| 145 | + | This act does not become effective unless the Constitution of Arizona is amended by vote of the people at the next general election by passage of Senate Concurrent Resolution 1006, fifty-seventh legislature, first regular session, relating to state trust land. |
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