Housing Bills Progress Through Legislature
by Lori Lustig
After five months of waiting to begin hearing bills in earnest in both houses, June saw marathon committee sessions and marathon agendas. Some committees had as many as 21 bills scheduled for the agenda, with late-night hearings to accommodate colleagues. Caucus calendars had as many as 90 bills scheduled per meeting in an effort to move as many bills through the process as possible by month's (and session's) end.
By June 26, the legislature was moving placeholder bills to use as budget bills to send a "finally revised" and supposedly "agreed to" budget to the governor. In all, it appeared to take as many as 10 bills to cover the respective areas of government and budget-related items necessary to accomplish this goal.
Pending the final budget, this was the status of the bills we have been following this session:
SB 1141 Title: Local planning; residential housing incentives. Introduced by Sen. Jonathan Paton, to prohibit "inclusionary zoning." This bill would prevent cities, towns or counties from mandating through the approval/permitting process that for-lease or for-sale housing be set at a proscribed price or for the benefit of a proscribed group of individuals. Assigned but never heard in Committee.
SB 1156 Title: Local development fees; school; exclusions. Introduced by Sen. Linda Gray, to prohibit the assessment of development fees against any school district or charter school for any construction costs except those directly related to the physical connection of the school facility to the public utility service. Assigned but never heard in Committee.
HB 2080 Title: Contractor's payment. Introduced by Representative Reagan, et al. The bill sets out a procedure for a contractor to submit a "billing" or "estimate for final payment on final completion," and it defines "final completion." HB 2080 also sets a procedure for an owner to make payment or allocate funds for any disputed work or sums related to a project. Retained in House Committee of the Whole.
HB 2259 Title: Local development fees; procedures. Introduced by Rep. Biggs, et al. This bill revises the procedures for the assessment of municipal development fees by cities and towns. While the details are still being finessed, it was drafted in conjunction with the homebuilding stakeholder community. Retained in House Committee of the Whole.
HB 2267 Title: Municipalities; counties; fire sprinklers; codes. Introduced by Rep. Crump, this bill prohibits a city, town or county from adopting an ordinance mandating the installation of fire sprinklers in single-family homes. Never scheduled in the House Committee of the Whole.
HB 2247 Title: Home sales; water supply disclosure. Introduced by Representatives Ableser, et al. States that, beginning January 1, 2010, a subdivider who sells one or more lots in a subdivision located outside an active management area would be required to record a document containing a statement of water adequacy or inadequacy for that subdivision. Never scheduled in House Rules Committee.
HB 2329 Title: Solar energy; permits. Introduced by Rep. Lucy Mason, this bill caps the fees charged for residential building permits for solar energy system construction permits or inspection charges for solar panels or solar water heating systems. Passed through the house, transmitted to the senate and successfully passed Senate Government Committee.
HCM2004 Title: Secret ballots; protecting fundamental right. Introduced by Representative McComish, et al. This Memorial urges congress to oppose any attempt to take from Arizona workers the fundamental right to a secret ballot in a union organizing election or to preempt Arizona's ability to protect the fundamental right to a secret ballot for its workers. This memorial passed through the house, transmitted to the senate and successfully passed the Senate Commerce and Senate Rules committees.
HB 2031 Title: Schools; contractors; fingerprint clearance. Introduced by Rep. John Kavanagh. Requires a valid fingerprint clearance card of any contractor, subcontractor or vendor or any employee of a contractor, subcontractor or vendor who is contracted to provide services on a regular basis on school property. This bill passed through the house, transmitted to the senate and successfully passed the Senate Public Safety and Senate Rules committees.
Regardless of the actual sine die date signaling the end of the session, we expect them to be back in special session later this summer or early fall to continue to work on expected budget shortfalls and the sagging economy. In other words, we will continue to have legislative updates throughout the summer months.
Lori Lustig, RN JD, is a State Lobbyist who has represented Arizona homebuilders' associations at both the state and municipal levels.
