Arizona House of Representatives Committee on Regulatory Affairs — Report of Regular Meeting, February 1, 2023 (Fifty-sixth Legislature, First Regular Session)

Summary

Minutes and attachments for a regular meeting of the Arizona House of Representatives Committee on Regulatory Affairs held February 1, 2023, in the First Regular Session of the Fifty-sixth Legislature. The minutes record the meeting convening at 2:03 P.M. and adjourning at 3:03 P.M., the members present and absent, and action on four bills: HB2509, HB2373 and HB2377 reported do pass by 7-0-0-0, and HB2301 reported do pass amended by 6-1-0-0. Attachments include the agenda, a Request to Speak report, the committee attendance record, roll call vote sheets, and a proposed amendment to H.B. 2301. Bill summaries describe HB 2509 on cottage food products, HB 2301 on door-to-door political activity in homeowners' associations, HB 2373 on an automated permitting platform, and HB 2377 on lobbying by public officers.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature - First Regular Session

COMMITTEE ON REGULATORY AFFAIRS

Report of Regular Meeting
Wednesday, February 1, 2023
House Hearing Room 5 -- 2:00 P.M.

MINUTES RECEIVED
Convened 2:03 P.M. CHIEF CLERK’S OFFICE
Recessed

Reconyened oo? _ ak ot Ss.

Adjourned 3:03 P.M.

Members Present Members Absent
Representative Bravo

Representative Gutierrez

Representative Hernandez

Representative Payne

Representative Pefia

Representative McGarr, Vice-Chairman

Representative Hendrix, Chairman

Agenda
Original Agenda — Attachment 1

Request to Speak
Report — Attachment 2

Committee Attendance
Report — Attachment 3

Committee Action

Bill Action Vote Attachments
HB2509 DP 7-0-0-0 4,5
HB2301 DPA 6-1-0-0 6, 7, 8
HB2373. DP 7-0-0-0 9,10
HB2377 DP 7-0-0-0 11, 12
julid Ryberg, oe e Secretary
February 2, 2023

(Original attachments on file in the Office of the Chief Clerk; video archives available at http:/Avww.azleg.gov)

COMMITTEE ON REGULATORY AFFAIRS
February 1, 2023
REVISED #2 - 1/31/23 REVISED #2 - 1/31/23 REVISED #2 - 1/31/23

ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature - First Regular Session

REGULAR MEETING AGENDA

COMMITTEE ON REGULATORY AFFAIRS

Ccnusteced 2 LB finn

Aled urn) 2 oa? $07

DATE Wednesday, February 1, 2023 ROOM HHR5 TIME 2:00 P.M.

Members of the public may access a livestream of the meeting here:
https:/Avww.azleg.gov/videoplayer/?clientID=636! 162879&eventID=2023021003

Members:
Representative Bravo Representative Payne Representative McGarr, Vice-Chairman
Representative Gutierrez Representative Pefia Representative Hendrix, Chairman
Representative Hernandez A
Bills Short Title Strike Everything Title
RA, COM,RULES
———____. repeat
RA,RULES
———  (Wilmeth)
RA;RULES
—— Harris Jones Smit)
RA;RULES
(2) HB2301 homeowners’ associations; political activity
LEA (Carter)
CA 2 RA, RULES

Page 1 of 2

Attachment /
Bills Short Title Strike Everything Title

3 HB2373 D P permits; automated permitting platform
—————= (Biasiucci: Contreras L, Hernandez A, et al)

Pesretorgy RAs RULES
Y HB2377 public officers; lobbying; prohibition
bP (Biasiucci)
Z.0-Cucy RA» RULES
AYIB2 457 anesthesiologistassistants:ticensure
Dingerellt
RA held -0-0-0-0-0- RULES

oO HB2509 QL 14 food preparation; sale; cottage food
—_— (Grantham)

. , RA, RULES
LOO
* On previous agenda

ORDER OF BILLS TO BE SET BY THE CHAIRMAN

RA
JY
04/26/2023
01/30/2023
01/3 1/2023

People with disabilities may request reasonable accommodations such as interpreters, alternative formats, or

assistance with physical accessibility. If you require accommodations, please contact the Chief Clerk's Office at
(602) 926-3032 or through Arizona Relay Service 7-1-1.

Page 2 of 2
ARIZONA STATE LEGISLATURE
Fifty-sixth Legislature - First Regular Session

COMMITTEE ATTENDANCE RECORD

COMMITTEE ON REGULATORY AFFAIRS
CHAIRMAN: Laurin Hendrix VICE-CHAIRMAN: _ Cory McGarr
DATE 01/25/23, 123, 123). «= 123,—Ss«128
CONVENED 2iee fM| 2 iekem m m m
RECESSED PF pin
RECONVENED I?) B79
ADJOURNED 2122 ped Bo3pon
MEMBERS
Bravo ~~ a
Gutierrez Va a
Hernandez A a L~
Payne ~~ a
Pefia VA a
McGarr, Vice-Chairman a a
Hendrix, Chairman Y
| Present --- Absent exc Excused

Attachment of

PLEASE COMPLETE THIS, FORM: FOR THE: SoRLIC RECORD

HOUSE OF REPRESENTATIVES

Please PRINT Clearly

Committee on _ Ree qi ‘lad Th of y } itforr fi 4 7 Bill Number LEC]

Date a | 47 2 3 oo aKapport Q Oppose . &1 Neutral

‘Name iM Lae al Sg, Go| Vi dst) y, Need to Speak? J2AYes No
Representing 5 e| fF. Are you a registred lobbyist?

Complete Address 36170 NM bese 1e4 Dir Queen breed of AZO Ye

E-mail Address AU) Ke@ bs Siny ke CO" Phone Number { VV .Oy~ DIL O

Comments:

#2 RT VE-MINUTE SPEAKING LIMIT “has

Attachment 3
Information Registered on the Request to Speak System

House Regulatory Affairs (2/1/2023)

HB2301, homeowners’ associations; political activity

Testified in support:
Dennis J Legere, ARIZONA HOMEOWNERS COALITION

Testified as neutral:
Leonard Clark, representing self

Support:

Craig McDermott, representing self, Paul Fitch, representing self; Karen Cwiak, representing self; R Morrison,
representing self; Lois Fruhwirth, representing self; Wendy Jonessee, representing self; Eric Kadel, representing
self

Neutral:
Spencer Kamps, HOME BUILDERS ASSOCIATION OF CENTRAL AZ; Veronica Spear, representing self

Oppose:

Justine Case, representing self

All Comments:

Dennis J Legere, ARIZONA HOMEOWNERS COALITION: This bill provides an example of how attorneys distort and
misrepresent existing statutes. This is simple common sense and already allowed in law. This clarification is simple
enough that even attorneys can understand.; Lois Fruhwirth, Self: Strongly agree with clearly political activity as
free speech within HOAs and Condominiums. The additional clarity in this bill helps eliminate the swirl and
disagreements that is happening as PCs conduct their responsibilities and rights. Thank you; Eric Kadel, Self: Living
in an HOA community should not deny of us of our basic rights of being a U.S. citizen; Justine Case, Self: A
Homeowners Association should not be allowed to restrict political signs. This is a direct restriction of Freedom of
Speech. We must support our Constitutionally protected rights whenever possible.; Veronica Spear, Self: This only
permits a unit owner or member to engage in door to door political activity. People from outside the development
and are engaged in, but not limited to campaigning, petitioning, registering voters

HB2373, permits: automated permitting platform

Testified in support:
Meghaen Dell'Artino, TESLA MOTORS, INC.

Support:
Linda Paul, representing self; Renee Downing, representing self; Sandy Bahr, Sierra Club - Grand Canyon Chapter;
Beverly Janowitz-Price, representing self; Rosalind Switzer, representing self; Eve Shapiro, representing self;
Kenneth Bierman, representing self; Michael Fiflis, representing self; Dianne Post, representing self; Alice
Stambaugh, representing self; Sandy Whitley, representing self; Karen Cusano, representing self; Meg Weesner,
representing self; Bettina Bickel, representing self; Becky Sayler, representing self; Gail Bliss, representing self;
Vickey Finger, representing self; Jim Moran, representing self; Nancy Santori, representing self; Jana Segal,
representing self; Linda Ekstrum, representing self; Margaret Owen, representing self; Carol Fiore, representing
self; Sherry Massie, representing self; Jean Meconi, representing self; Theresa Paszkiewicz, representing self; Karen
Muir, representing self; Charlene Hoffman, representing self; Carissa Sipp, representing self; R Morrison,
representing self; Wendy Jonessee, representing self; Pat Jayson, representing self

Oppose:

irwin Sheer, representing self; Justine Case, representing self

All Comments:

Sandy Whitley, Self: Good idea to streamline online solar permit compliance and to eliminate the requirement for
a diagram when using it. We need to make it easier to get solar up and running in this state.; Jean Mecori, Seif:
Solar energy is abundant in Arizona. We should make it easier to install and use.; Irwin Sheer, Self: We should be
doing all we can to support solar power in this state.; Justine Case, Self: Solar is obsolete. We need to stop pushing
it.

HB2377. public officers; lobbying; prohibition

Testified as opposed:
Marshall Pimentel, LEAGUE OF ARIZONA CITIES & TOWNS

Support:

R Morrison, representing self; Justine Case, representing self; Wendy Jonessee, representing self

Neutral:
Leonard Clark, representing self

Oppose:

kathleen mayer, representing self

All Comments:
kathleen mayer, Self: why would you violate the first amendment rights of the public officials and government
agencies who serve the citizens of this state?

HB2509, food preparation; sale; cottage food

Testified in support:
Lauren Bouton, THE INSTITUTE FOR JUSTICE; Devin Gates, representing self; Paul Avelar, INSTITUTE FOR JUSTICE AZ
CHAPTER, Self
Support:

David Morris, representing self; Brock Wilson, representing self; Stephen Shadegg, Americans For Prosperity
Arizona; Justine Case, representing self; Jared Gorshe, AMERICANS FOR PROSPERITY AZ, Self; Lucas Nahnsen,
representing self; David Morris, AMERICANS FOR PROSPERITY AZ; Jonathan Soto Robles, representing self; Alexis
Monet Bacs, representing self

Oppose:

Susan Ordway, representing self

All Comments:

Devin Gates, Self: Expanding the cottage food exception provides opportunity to help support myself and my
family.; Paul Avelar, INSTITUTE FOR JUSTICE AZ CHAPTER, Self: Arizona's cottage food program is very good, but it
can be better. This bill expands the kinds of allowed foods. Six states: lowa, Montana, North Dakota, Oklahoma,
Utah and Wyoming, have similar laws with no evidence of any consumer harm.; Susan Ordway, Self: Please read

the Constitution.
ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature
First Regular Session

HB 2509: food preparation; sale; cottage food
Sponsor: Representative Grantham, LD 14
Committee on Regulatory Affairs

Overview
Expands the foods that meet the cottage food exemptionif they meet certain
requirements. Maintains current cottage food program guidelines and adds sale requirements.

History
Statute requires the Director of the Department of Health Services (DHS) to adopt rules to provide

for the oversight of food and drinks sold at the retail level, including minimum standards for related
facilities | and necessary measures for producing, processing, labeling,
storing, handling, serving and transporting food products. However, cottage food products that
are prepared in a home kitchen are exempt from these requirements and may be offered for
commercial sale if the products are not potentially hazardous and do not require time or
temperature controls for food safety. Statute and rule provide related requirements, both for the
food products, including packaging and labels, and the food preparer, including food handler
training courses, active food handler certification and registration with the online registry
established by DHS (A.R.S. § 36-136).

Cottage food program-approved foods include cakes, cookies, breads and jams and jellies made
from allowable fruits. However, foods that require refrigeration are not approved. Currently,
potentially hazardous food products fall under retail food regulatory oversight, which requires the
products to be prepared in a licensed and inspected commercial kitchen. Federal law and
regulations provide for inspections of poultry, poultry products and meat and meat products, but
exempt certain products, including from producers that slaughter not more than 1,000 poultry in
a calendar year and operation types that are traditionally and usually conducted at retail stores
and restaurants if other specified requirements are met (9 CER § 381.10).

Provisions
Expansion
1. Expands the food products that meet the cottage food product exemption to those that are
potentially hazardous or require time or temperature control for safety if they are exempt under
federal regulations. (Sec. 2)

2. Allows the sale of the following as cottage food products if they meet the requirements under
federal regulations:
a) poultry, poultry byproducts or poultry food products if the producer raised the poultry
pursuant to the 1,000 bird exemption; and
b) poultry, poultry byproducts, poultry food products and meat, meat byproducts and meat
food products if they are from an inspected source. (Sec. 2)

3. Specifies that alcoholic beverages, foods that contain alcoholic beverages, unpasteurized
milk, fish and shellfish products, meat, meat byproducts, poultry and poultry byproducts do

HB 2509
initials DC Page 1 Regulatory Affairs

Attachment 4,
not meet the definition of cottage food product unless their sale is allowed by federal law, as
specified above. (Sec. 2)

Allows food producers to sell cottage food products to the maximum extent allowed by federal
law. (Sec. 2)

Sale Requirements
Requires cottage food products that do not contain dairy, meat or poultry to be soid by the
food preparer or agent, including a third-party vendor, and delivered to the consumer by the
food preparer, agent, third-party vendor or third-party carrier. (Sec. 2)

Requires cottage food products that are dairy or that contain meat or poultry to be:
a) sold by the preparer in person or remotely, including over the internet; and
b) delivered to the consumer in person. (Sec. 2)

Requires cottage food products that are potentially hazardous or require time or temperature
control for safety and that are transported before final delivery to consumers to be:

a) maintained at an appropriate temperature during transport;

b) not transported more than once; and

¢) not transported for longer than two hours. (Sec. 2)

Requires third-party vendors to sell cottage food products:

a) in a separate section of the store or on a separate display case
from nonhomemade food items; and

b) with a sign that indicates they are homemade and exempt from state licensing and
inspection. (Sec. 2)

Miscellaneous

8. Maintains current requirements for cottage food products and product preparers. (Sec. 2)

10.

11.

12.

9. Specifies the above requirements are not more restrictive than the applicable federal laws.

(Sec. 2)

Specifies that these requirements do not:

a) impede DHS or a county from investigating foodborne illness;

b) change the requirements for brand inspections, animal health inspections or food
inspections required by state or federal law; or

c) change the requirements for the sale of milk, milk products, raw milk or raw milk
products. (Sec. 2)

Requires DHS to adopt rules relating to cottage food products and exempts DHS from
rulemaking requirements for 18 months after the general effective date. (Sec. 2, 3)

Makes technical and conforming changes. (Sec. 1)

OC Prop 105 (45 votes) CO Prop 108 (40 votes) | Emergency (40 votes) 1 Fiscal Note

HB 2509

Initials DC Page 2 Regulatory Affairs
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature - First Regular Session

ROLL CALL VOTE
COMMITTEE ON Regulatory Affairs BILL NO. HB 2509
DATE February 017, 2023 MOTION: LD)
PASS AYE NAY PRESENT | ABSENT
Bravo i
Gutierrez -
Hernandez A Val
Payne a
Pefia ~~
McGarr, Vice-Chairman Va
Hendrix, Chairman -~
7 “) C Co?
APPROVED: ZCOMMITTERSECRETARY
Litton

CLE SERRE Chairman
CORY MCGARR, Vice-Chairman

ATTACHMENT .5

ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature
First Regular Session

HB 2301: homeowners' associations; political activity
Sponsor: Representative Carter, LD 15
Committee on Regulatory Affairs

Overview
Prevents Homeowner's Associations (HOA) from restricting door-to-door political activity for unit
owners in condominiums and planned communities.

History
An association of condominiums or planned communities, commonly known as HOAs, are for

profit, nonprofit, or unincorporated associations of owners created under a declaration to operate
portions of common ownership and obligations. HOAs assess fees and costs to members for
payment of these obligations (A.R.S. §§§ 33-1202, 33-1241, 33-1802)

An HOA may not prohibit door-to-door political activity or the circulation of political petitions on
property normally open to visitors within the association except under specific circumstances
(A.R.S. §§ 33-1261 and 32-1808).

Provisions

1. Prohibits an HOA from preventing unit owners in condominiums and planned communities
from engaging in door-to-door political activity including:
a) solicitations of support or opposition for candidates or ballot issues; and
b) circulations of political petitions, nomination petitions or petitions in support of or
opposition to an initiative, referendum, recall or political issue. (Sec. 1)

2. Makes technical and conforming changes. (Sec. 1)

1 Prop 105 (45 votes) 2 Prop 108 (40 votes) © Emergency (40 votes) 1 Fiscal Note

HB 2301
Initials Page 1 Reaulatorv Affairs

Attachment bo
oOo Se nH DOD OO FP WD DM FF

a
ym KF @&

Fifty-sixth Legislature
First Regular Session

Regulatory Affairs
H.B. 2301

PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2301
(Reference to printed bill)

Page 2, between lines 30 and 31, insert:

"3. PROHIBIT A PERSON WHO IS NOT A UNIT OWNER OR RESIDENT OF THE
CONDOMINIUM FROM ENTERING THE CONDOMINIUM PREMISES."

Page 3, strike lines 44 and 45

Page 4, strike lines 1 through 10

Reletter to conform

Page 7, between lines 40 and 41, insert:

"3. PROHIBIT A PERSON WHO IS

COMMUNITY FROM ENTERING THE PLANNED

Page 8, strike lines 30 through 41

Reletter to conform

Amend title to conform

2301HENDRIX,. docx
01/30/2023

6:03 PH

C: MR

NOT A MEMBER OR RESIDENT OF THE PLANNED
COMMUNITY.”

LAURIN HENDRIX

Attachment 7

Adopted 1 _ tof Verb
Failed ss Wilhdrawn_

Not Offered___ Analysts Initia
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature - First Regular Session

ROLL CALL VOTE

COMMITTEE ON Regulatory Affairs BILL NO. __HB 2301

DATE February 01, 2023 MOTION: LEA

PASS AYE NAY PRESENT | ABSENT

Bravo

Gutierrez

Hernandez A

Payne
Pefia
McGarr, Vice-Chairman

Hendrix, Chairman

/ DO <2

NAAR AL

APPROVED: 7 COMMITTEE SECRETARY

A“ 7&RIRIN HENDRIX, CHairman
CORY MCGARR, Vice-Chairman

ATTACHMENT. &
ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature
First Regular Session

Doses eeer ee vera eg See ETE TUN eae REE EET a ESCORT

HB 2373: permits; automated permitting platform
Sponsor: Representative Biasiucci, LD 30
Committee on Regulatory Affairs

Overview
Authorizes municipalities and counties that issue solar construction permits to utilize a quafified
online automated permitting platform to verify necessary code compliance.

History
Each municipality and county is required by law to adopt standards for issuing permits for solar
energy devices. For solar photovoltaic systems that connect to a utility system:
1) the location of the photovoltaic system installation must be noted on the construction
plans, including roof plan and elevation;
2) photovoltaic panel mounting details must be included in the installation plans; and
3) the electrical diagrams include one-line and three-line diagrams.

For solar water heaters, the following directives apply:
1) the location of the solar panel system must be noted on the construction plans, including
roof plan, elevation and mounting details for installation; and
2) solar water heating equipment must be installed according to applicable plumbing codes
prescribed by a solar rating and certification corporation and any Arizona guidelines.

Statute prohibits requiring the stamp of a professional engineer unless deemed necessary, in
which case the municipality or county must provide to the permittee, a written explanation of why
the engineering stamp is necessary. Additionally, any building or permit fee or other charge
cannot exceed the actual cost of issuance. An itemized list of individual costs must be provided
upon request of the permittee. Further, before adoption of any fee or charge for service or any
additional charge, the municipality or county must hold a public hearing with at least 15 days'

published notice (A.R.S. § 9-468 and § 11-323).

Provisions
1. Stipulates the electrical diagrams may be one-line or three-line, rather than both. (Sec. 4, 2)

2. States that a one-line or three-line electrical diagram is not required if a municipality or county
uses a qualified online automated permitting platform to verify code compliance. (Sec. 1, 2)

3. Authorizes a municipality or county to utilize a qualified online automated permitting platform
in place of the detailed installation plans and diagrams. (Sec. 1, 2)

4. Defines qualified online automated permitting platform as a web-based portal that automates
the plan review, approves code compliance and issues permits for various residential solar
energy and storage systems in real time. (Sec. 1, 2)

5. Makes technical changes. (Sec. 1, 2)

© Prop 405 (45 votes) (1) Prop 108 (40 votes) © Emergency (40 votes) 1 Fiscal Note

HB 2373
initials DC Page 1 Regulatory Affairs

Attachment_7__
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature - First Regular Session

ROLL CALL VOTE
COMMITTEE ON Regulatory Affairs BILL NO. HB 2373
DATE February 01, 2023 MOTION: Dk
PASS AYE NAY PRESENT ! ABSENT
Bravo Va
Gutierrez wa
Hernandez A Va
Payne Aa
McGarr, Vice-Chairman ~~
Hendrix, Chairman i
7 | @ CO
ay
Lhe Lal
APPROVED: OMMITTEESECRETARY

AIRY MCGARR, Vice-Chairman

ATTACHMENT /O
ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature
First Regular Session

HB 2377: public officers; lobbying; prohibition
Sponsor: Representative Biasiucci, LD 30
Committee on Regulatory Affairs

Overview
Prohibits a public officer from representing a person for compensation before any public agency.

History
Title 38, Chapter 3, Article 8, details conflict of interest by public officers and employees of

incorporated cities or towns, political subdivisions and the state, its departments, commissions,
agencies and boards (A.R.S. 38-501).

Statute defines public officers as all elected and appointed officers of a public agency established
by charter, ordinance, resolution, state constitution or statute. Employee means all persons who
are not public officers and who are employed for compensation by an incorporated city or town,
political subdivision or the state, its departments, agencies, boards or commissions. Further,
public agency includes the courts, the state's departments, agencies, boards, commissions,
legislative or administrative bodies of the state, its counties, incorporated cities and towns and
any other political subdivision (A.R.S. 38-502).

Provisions
1. States that a public officer cannot represent any person for compensation before any public
agency. (Sec. 1)

2. Clarifies that an officer is a public officer. (Sec. 1)

Makes conforming changes. (Sec. 1)

Oj Prop 105 (45 votes) [7 Prop 108 (40 votes) O Emergency (40 votes) 0 Fiscal Note

HB 2377
Initiais DC Page 1 Regulatory Affairs

Attachment /,
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature - First Regular Session

ROLL CALL VOTE

COMMITTEE ON Regulatory Affairs BILL NO. __HB 2377

DATE February 01, 2023 MOTION: Ly

PASS | AYE NAY | PRESENT | ABSENT

Bravo i a

Gutierrez i

Hernandez A Va

Payne “

Pefia a

McGarr, Vice-Chairman —“

Hendrix, Chairman ~~
APPROVED: ee 7, COMMITIBE SECRETARY
JH “OS Rime Chairman

CARR Vice-Chairman

ATTACHMENT____ 74S I A

File and source

File

2023-02-01_regulatory-affairs-minutes.pdf

Size

768,379 bytes

SHA-256

18756a1fb11686db1e857de1f0dde8af921c3c4be562552b32b57c45e6476172

Our copy

2023-02-01_regulatory-affairs-minutes.pdf

Original

www.azleg.gov