Senate Engrossed technical correction; self-service storage; notice (now: department of natural resources) State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025 SENATE BILL 1278 AN ACT Amending section 37-101, Arizona Revised Statutes; amending title 41, chapter 4, Arizona Revised Statutes, by adding article 8; relating to natural resources. (TEXT OF BILL BEGINS ON NEXT PAGE)
Senate Engrossed technical correction; self-service storage; notice (now: department of natural resources)
State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025
SENATE BILL 1278
Senate Engrossed
technical correction; self-service storage; notice
(now: department of natural resources)
State of Arizona
Senate
Fifty-seventh Legislature
First Regular Session
2025
SENATE BILL 1278
AN ACT
Amending section 37-101, Arizona Revised Statutes; amending title 41, chapter 4, Arizona Revised Statutes, by adding article 8; relating to natural resources.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona: Section 1. Section 37-101, Arizona Revised Statutes, is amended to read: START_STATUTE37-101. Definitions In this title, unless the context otherwise requires: 1. "Agricultural lands" means lands which that are used or can be used principally for: (a) Raising crops, fruits, grains and similar farm products. (b) Algaculture. For the purposes of this subdivision "algaculture" means the controlled propagation, growth and harvest of algae. 2. "Amortized value" means the value for improvements established pursuant to section 37-281.02, subsection G. 3. "Commercial lands" means lands which that can be used principally for business, institutional, religious, charitable, governmental or recreational purposes, or any general purpose other than agricultural, grazing, mining, oil, homesite or rights-of-way. 4. "Commissioner" means the state land commissioner. 5. "Community identity package" means a design theme including such elements as architecture, landscape, lighting, street furniture, walls and signage. 6. "Department" means the state land department. 7. "Grazing lands" means lands which that can be used only for the ranging of livestock. 8. "Holding lease" means a commercial lease issued solely to grant a limited use leasehold interest in state land in anticipation of future development. 9. "Homesite lands" means lands which that are suitable for residential purposes. 10. "Improvements" means anything permanent in character which that is the result of labor or capital expended by the lessee or his the lessee's predecessors in interest on state land in its reclamation or development, and the appropriation of water thereon on the state land, and which that has enhanced the value of the land. 11. "Infrastructure" means facilities or amenities, such as streets, utilities, landscaping and open space, which that are constructed or located on state lands and which that are intended to benefit more than the land on which they are immediately located by enhancing the development potential and value of the state lands impacted by the facility or amenities. 12. "Leapfrog development" means the development of lands in a manner requiring the extension of public facilities and services from their existing terminal point through intervening undeveloped areas that are scheduled for development at a later time, according to the plans of the local governing body having jurisdiction for the area and which that is responsible for the provision of these facilities and services. 13. "Leased school or university land" means school or university land for which a lease has been issued by the this state, or the territory of Arizona, under which the lessee retains rights. 14. "Master developer" means a person who assumes, as a condition of a land disposition, the responsibilities prescribed by the department for infrastructure or community identity package amenities, or both, or for implementing a development plan containing a master plan area. 15. "Participation contract" means a contract arising out of a sale together with other rights and obligations in trust lands whereby the department receives a share of the revenues generated by subsequent sales or leases. 16. "Section of land" means an area of land consisting of six hundred forty acres. 17. "State lands": (a) Means any land owned or held in trust, or otherwise, by the this state, including leased school or university land. (b) does not INCLUDE lands that are not held in trust and that are acquired after the effective date of this amendment to this section. 18. "Sublease" means an agreement in which the lessee relinquishes control of the leased land to another party for the purposes authorized in the lease. 19. "Urban lands" means any state lands which that are adjoining existing commercially or homesite developed lands and which that are either: (a) Within the corporate boundaries of a city or town. (b) Adjacent to the corporate boundaries of a city or town. (c) Lands for which the designation as urban lands is requested pursuant to section 37-331.01. 20. "Urban sprawl" means the development of lands in a manner requiring the extension of public facilities and services on the periphery of an existing urbanized area where such extension is not provided for in the existing plans of the local governing body having the responsibility for the provision of these facilities and services to the lands in question. END_STATUTE Sec. 2. Title 41, chapter 4, Arizona Revised Statutes, is amended by adding article 8, to read: ARTICLE 8. DEPARTMENT OF NATURAL RESOURCES START_STATUTE41-811. Definitions for the PURPOSES of this article, unless the context otherwise requires: 1. "commission" means the commission on Natural RESOURCES established PURSUANT to section 41-812. 2. "DEPARTMENT" MEANS THE DEPARTMENT OF NATURAL RESOURCES. 3. "Director" means the EXECUTIVE officer of the department of natural RESOURCES who is appointed by the commission PURSUANT to section 41-812. 4. "state lands": (a) means all lands that are owned by this state that are not state TRUST lands and that are acquired after the effective date of this section. (b) does not include Lands ACQUIRED by: (i) a university under the arizona board of regents. (ii) the department of TRANSPORTATION. END_STATUTE START_STATUTE41-812. Commission on natural resources; appointment; removal; meetings A. The LAWS OF THIS STATE RELATING TO NATURAL RESOURCES SHALL BE ADMINISTERED BY THE DEPARTMENT OF NATURAL RESOURCES. cONTROL OF THE DEPARTMENT IS VESTED IN THE COMMISSION ON NATURAL RESOURCES. The commission is established and shall appoint a director to ASSIST in fulfilling the purposes of this article. tHE COMMISSION SHALL CONSIST OF FIVE MEMBERS APPOINTED AS PROVIDED IN SUBSECTION B OF THIS SECTION. APPOINTMENTS SHALL BE FOR A TERM OF FIVE YEARS AND EXPIRE ON THE third monday in JANUARY of the APPROPRIATE year. b. The commission shall CONSIST of the following members: 1. Three members who are appointed by the governor. 2. one member who is appointed by the president of the senate. 3. one member who is appointed by the speaker of the house of representatives. c. The governor, after public hearing, may remove a member for inefficiency, neglect of duty or misconduct in office. on removal of a member, the governor shall file in the office of the secretary of state a complete statement of all charges made against the member and the findings on those charges, together with a complete record of the proceedings. D. Each member of the commission, while attending general or specific meetings of the commission or while performing official duties for the commission, shall receive compensation as determined pursuant to section 38-611. A commission member who is otherwise employed as a public officer may not receive such payment if it is prohibited by law. Compensation and expenses shall be paid from the state general fund. E. The commission shall have its principal office at the state capitol but meetings may be held at any time or place within this state. The commission shall meet at least once quarterly. Meetings may be held at the call of the chairperson or majority of the commission. A majority of the commission shall constitute a quorum to transact business. END_STATUTE START_STATUTE41-813. Department of natural resources; establishment; land acquisition and management; powers and duties; definition A. The department of natural resources is established. B. NOTWITHSTANDING any other law, INCLUDING sections 37-104 and 37-203, The department shall oversee the acquisition and management of all state lands. The department may hold or convey state lands as otherwise provided by the laws of this state. The department may open state lands for recreation, agriculture, resource extraction or for other purposes as determined by the department. c. Notwithstanding any other law, the director may issue, deny or modify any permit or permitting decision made by an agency of this state regarding the extraction of natural resources. d. For the purposes of this section, "agency" has the same meaning prescribed in section 41-1001.END_STATUTE
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 37-101, Arizona Revised Statutes, is amended to read:
START_STATUTE37-101. Definitions
In this title, unless the context otherwise requires:
1. "Agricultural lands" means lands which that are used or can be used principally for:
(a) Raising crops, fruits, grains and similar farm products.
(b) Algaculture. For the purposes of this subdivision "algaculture" means the controlled propagation, growth and harvest of algae.
2. "Amortized value" means the value for improvements established pursuant to section 37-281.02, subsection G.
3. "Commercial lands" means lands which that can be used principally for business, institutional, religious, charitable, governmental or recreational purposes, or any general purpose other than agricultural, grazing, mining, oil, homesite or rights-of-way.
4. "Commissioner" means the state land commissioner.
5. "Community identity package" means a design theme including such elements as architecture, landscape, lighting, street furniture, walls and signage.
6. "Department" means the state land department.
7. "Grazing lands" means lands which that can be used only for the ranging of livestock.
8. "Holding lease" means a commercial lease issued solely to grant a limited use leasehold interest in state land in anticipation of future development.
9. "Homesite lands" means lands which that are suitable for residential purposes.
10. "Improvements" means anything permanent in character which that is the result of labor or capital expended by the lessee or his the lessee's predecessors in interest on state land in its reclamation or development, and the appropriation of water thereon on the state land, and which that has enhanced the value of the land.
11. "Infrastructure" means facilities or amenities, such as streets, utilities, landscaping and open space, which that are constructed or located on state lands and which that are intended to benefit more than the land on which they are immediately located by enhancing the development potential and value of the state lands impacted by the facility or amenities.
12. "Leapfrog development" means the development of lands in a manner requiring the extension of public facilities and services from their existing terminal point through intervening undeveloped areas that are scheduled for development at a later time, according to the plans of the local governing body having jurisdiction for the area and which that is responsible for the provision of these facilities and services.
13. "Leased school or university land" means school or university land for which a lease has been issued by the this state, or the territory of Arizona, under which the lessee retains rights.
14. "Master developer" means a person who assumes, as a condition of a land disposition, the responsibilities prescribed by the department for infrastructure or community identity package amenities, or both, or for implementing a development plan containing a master plan area.
15. "Participation contract" means a contract arising out of a sale together with other rights and obligations in trust lands whereby the department receives a share of the revenues generated by subsequent sales or leases.
16. "Section of land" means an area of land consisting of six hundred forty acres.
17. "State lands":
(a) Means any land owned or held in trust, or otherwise, by the this state, including leased school or university land.
(b) does not INCLUDE lands that are not held in trust and that are acquired after the effective date of this amendment to this section.
18. "Sublease" means an agreement in which the lessee relinquishes control of the leased land to another party for the purposes authorized in the lease.
19. "Urban lands" means any state lands which that are adjoining existing commercially or homesite developed lands and which that are either:
(a) Within the corporate boundaries of a city or town.
(b) Adjacent to the corporate boundaries of a city or town.
(c) Lands for which the designation as urban lands is requested pursuant to section 37-331.01.
20. "Urban sprawl" means the development of lands in a manner requiring the extension of public facilities and services on the periphery of an existing urbanized area where such extension is not provided for in the existing plans of the local governing body having the responsibility for the provision of these facilities and services to the lands in question. END_STATUTE
Sec. 2. Title 41, chapter 4, Arizona Revised Statutes, is amended by adding article 8, to read:
ARTICLE 8. DEPARTMENT OF NATURAL RESOURCES
START_STATUTE41-811. Definitions
for the PURPOSES of this article, unless the context otherwise requires:
1. "commission" means the commission on Natural RESOURCES established PURSUANT to section 41-812.
2. "DEPARTMENT" MEANS THE DEPARTMENT OF NATURAL RESOURCES.
3. "Director" means the EXECUTIVE officer of the department of natural RESOURCES who is appointed by the commission PURSUANT to section 41-812.
4. "state lands":
(a) means all lands that are owned by this state that are not state TRUST lands and that are acquired after the effective date of this section.
(b) does not include Lands ACQUIRED by:
(i) a university under the arizona board of regents.
(ii) the department of TRANSPORTATION. END_STATUTE
START_STATUTE41-812. Commission on natural resources; appointment; removal; meetings
A. The LAWS OF THIS STATE RELATING TO NATURAL RESOURCES SHALL BE ADMINISTERED BY THE DEPARTMENT OF NATURAL RESOURCES. cONTROL OF THE DEPARTMENT IS VESTED IN THE COMMISSION ON NATURAL RESOURCES. The commission is established and shall appoint a director to ASSIST in fulfilling the purposes of this article. tHE COMMISSION SHALL CONSIST OF FIVE MEMBERS APPOINTED AS PROVIDED IN SUBSECTION B OF THIS SECTION. APPOINTMENTS SHALL BE FOR A TERM OF FIVE YEARS AND EXPIRE ON THE third monday in JANUARY of the APPROPRIATE year.
b. The commission shall CONSIST of the following members:
1. Three members who are appointed by the governor.
2. one member who is appointed by the president of the senate.
3. one member who is appointed by the speaker of the house of representatives.
c. The governor, after public hearing, may remove a member for inefficiency, neglect of duty or misconduct in office. on removal of a member, the governor shall file in the office of the secretary of state a complete statement of all charges made against the member and the findings on those charges, together with a complete record of the proceedings.
D. Each member of the commission, while attending general or specific meetings of the commission or while performing official duties for the commission, shall receive compensation as determined pursuant to section 38-611. A commission member who is otherwise employed as a public officer may not receive such payment if it is prohibited by law. Compensation and expenses shall be paid from the state general fund.
E. The commission shall have its principal office at the state capitol but meetings may be held at any time or place within this state. The commission shall meet at least once quarterly. Meetings may be held at the call of the chairperson or majority of the commission. A majority of the commission shall constitute a quorum to transact business. END_STATUTE
START_STATUTE41-813. Department of natural resources; establishment; land acquisition and management; powers and duties; definition
A. The department of natural resources is established.
B. NOTWITHSTANDING any other law, INCLUDING sections 37-104 and 37-203, The department shall oversee the acquisition and management of all state lands. The department may hold or convey state lands as otherwise provided by the laws of this state. The department may open state lands for recreation, agriculture, resource extraction or for other purposes as determined by the department.
c. Notwithstanding any other law, the director may issue, deny or modify any permit or permitting decision made by an agency of this state regarding the extraction of natural resources.
d. For the purposes of this section, "agency" has the same meaning prescribed in section 41-1001.END_STATUTE