Arizona House of Representatives Committee on Commerce Meeting Minutes: February 6, 2024

Summary

Minutes of the regular meeting of the Arizona House of Representatives Committee on Commerce, Fifty-sixth Legislature, Second Regular Session, held Tuesday, February 6, 2024, with Representative Wilmeth as Chairman and Representative Carbone as Vice-Chairman. The minutes list committee action on bills including HB2204, HB2210, HB2211, HB2212, HB2253, HB2297, HB2316, HB2505, HB2518, HB2609, HB2666 and HCM2001. Attachments include the revised meeting agenda and the Request to Speak report recording who registered in support, neutral or opposed on each bill, with comments on HB2297 adaptive reuse zoning and HB2316. The record ends with House strike-everything amendments to H.B. 2316 on mobile home code violations and the committee's roll call vote on HB 2316, Attachment 33.

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 - Second Regular Session

COMMITTEE ON COMMERCE

Report of Regular Meeting
Tuesday, February 6, 2024

House Hearing Room 3 -- 2:00 P.M. OR UPON RECESS OR ADJOURNMENT OF FLOOR
Convened 3:01 A.M.
Recessed

Reconvened

Adjourned MINUTES RECEIVED

CHIEF CLERK'S OFFICE

7 /atf

6:05 A.M.
Members Present Members Absent
Representative Aguilar

Representative Austin

Representative Carter

Representative Gress

Representative Heap

Representative Hendrix

Representative Hernandez

Representative Ortiz

Representative Carbone, Vice-Chairman

Representative Wilmeth, Chairman

Agenda

Original Agenda — Attachment 1
Request to Speak

Report — Attachment 2
Committee Attendance

Report — Attachment 3

Committee Action
Bill Action
HB2210 DP

Attachments
4,5

<
°
=
o

HB2211
HB2212
HB2204
HB2609
HB2253
HCM2001
HB2297
HB2666
HB2505
HB2518
HB2316

DP

DP
DPA
DPA

DP

DP
DPA/SE
DP

DP

DPA
DPA/SE

+ 1
SO0O0OO0
o8o8 Fe eS we eS

8-2-0-0
7-3-0-0
8-2-0-0
6-3-0-1

TD DD HH
vboe oot ss

6,7
8,9

10, 11, 12
13, 14, 15
16, 17

18, 19
20, 21, 22, 23
24, 25

26, 27
28, 29, 30
31, 32, 33

Arvo Nobu

Susan Nélson, Committee Secretary

February 7, 2024

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

COMMITTEE ON COMMERCE
February 6, 2024
REVISED #2 - 2/05/24

ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature - Second Regular Session

REGULAR MEETING AGENDA

REVISED #2 - 2/05/24

COMMITTEE ON COMMERCE

DATE Tuesday, February 6, 2024 ROOM HHR3

Members of the public may access a livestream of the meeting here:
https:/Avww.azleg.gov/videoplayer/?clientID=6361 162879&eventID=2024021015

REVISED #2 - 2/05/24

CONVENED. 3/0) PM

ADTOURNEDé 6:05pm

TIME 2:00 P.M. or upon recess or

adjournment of floor

Members:
Representative Aguilar Representative Gress Representative Hernandez M
Representative Austin Representative Heap Representative Ortiz
Representative Carter Representative Hendrix Representative Carbone, Vice-Chairman
Representative Wilmeth, Chairman
Bills Short Title Strike Everything Title
Hf HB2204 iy p workers' compensation rates; deviation
(Livingston)
COM, RULES

9 6:0+f

HB2209

industrial commission of Arizona;-centinuation

—_—_-_— (Livingston)

HB221
| ua2210 pp

$10. |

3 HB22LL yp
Se 10+]
3 HB212 yp

S| 0-|

COM;RULES

occupational safety advisory committee;
continuation

(Livingston)

COM, RULES

occupational safety review board; continuation
(Livingston)

COM, RULES

boiler advisory board; continuation
(Livingston)
COM, RULES

Page 1 of 2

Attachment |
Bills Short Title Strike Everything Title
b HB2253 board of technical registration; continuation
DP (Wilmeth)
“o [Os | COM, RULES

8 HB2297 | | ler adaptive reuse; commercial buildings; zoning S/E: same subject

(Biasiucci: Bliss, Carbone, et al)

}: 3: QO.) COM, RULES

I? HB2316 DP ASE -- private universities; Arizona teachers academy S/E: mobile home; relocation; building codes
(Gress: Chaplik)

b @ Are | ED w/d, COM, RULES

{ 0 HB2505 Pp assisted living; refunds; escrow accounts
(Gress: Biasiucci, Blattman, et al)

1.3.0.0 COM, RULES

{fi HB2518 D p municipalities; housing needs assessment; zoning
(Gress)

$+ O+0) COM, RULES
5S HB2609 D p auto theft authority; fee overpayment

(Livingston)

q: 0. O. } COM, RULES
q HE2666 HB2666 i P tourism advisory council; public entities

(Biasiucci)

Bs Je0QCM: RULES

7 HCM2001 D Pp reevaluate restrictions; chemical industry
(Willoughby)

( d. D0 COM, RULES

ORDER OF BILLS TO BE SET BY THE CHAIRMAN

VE
Rok
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6HH2024
62/02/2024
02/05/2024

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
Information Registered on the Request to Speak System

House Commerce (2/6/2024)

HB2204, workers' compensation rates; deviation

Support:
Dan Bogert, AZ RESTAURANT ASSOCIATION; John Knobel , EMPLOYERS; Mackenzie Shane, GREATER PHOENIX
CHAMBER OF COMMERCE

All Comments:
Mackenzie Shane, GREATER PHOENIX CHAMBER OF COMMERCE: Signing in supportive of HB 2204

HB2210, occupational safety advisory committee; continuation

Support:
Courtney Coolidge, AZ CHAMBER OF COMMERCE

HB2211, occupational safety review board: continuation

Support:
Courtney Coolidge, AZ CHAMBER OF COMMERCE

HB2212, boiler advisory board: continuation

Support:
Courtney Coolidge, AZ CHAMBER OF COMMERCE

HB2253, board of technical registration; continuation

Support:

Jeffrey Flemming, representing self; Susan Brenton, AZ ALARM ASSOCIATION; Robert Dalager, Arizona Society Of
Landscape Architects; Janna Day, AZ AA AMERICAN INSTITUTE OF ARCHITECTS; Christian Solorio, representing self;
Kurt Winter, representing self; Allison Sadow, representing self; Tom Farley, American Council Of Engineering
Companies Of Arizona; John Czarnecki, AZ AIA AMERICAN INSTITUTE OF ARCHITECTS

All Comments:

Jeffrey Flemming, Self: As a member of AIA Arizona; Kurt Winter, Self: Deputy Director of agency available for
questions.; Allison Sadow, Self: Chair of government relations for the American Society of Civil Engineers

attachment_a_
HB2297, adaptive reuse; commercial buildings; zoning

Support:

Courtney Gilstrap LeVinus, Arizona Multihousing Association; Christian Solorio, representing self; Reid Butler,
representing self; Marcus Dell'Artino, Tucson Metro Chamber Of Commerce; Kathyrn Busby, Arizona Nurses
Association; Courtney Coolidge, AZ CHAMBER OF COMMERCE; Stephen Shadegg, Americans For Prosperity
Arizona; Nicole LaSlavic, ARIZONA LODGING AND TOURISM ASSOCIATION; Teri Grunewald, representing self;
Kristin Baumgartner, representing self; Mary Evelyn Simpson, representing self; Peter Asencio, representing self;
Susan Garvey, representing self; Mackenzie Shane, GREATER PHOENIX CHAMBER OF COMMERCE; Garrett Sawyer,
representing self; John Baumer, ARIZONA CHAPTER OF NAIOP; David Scott, representing self; Mark Fitzgerald, AZ
MULTIHOUSING ASSOCIATION; Brent Kleinman, representing self

Neutral:
Harold Bergsma, representing self

Oppose:

Nick Ponder, PARADISE VALLEY, TOWN OF, PHOENIX, CITY OF, TUCSON, CITY OF, YUMA, CITY OF; Frank Cassidy,
LEAGUE OF ARIZONA CITIES & TOWNS; Mayor Ginny Dickey, representing self; Tom Dorn, Arizona Planning
Association; Craig McDermott, representing self; Rob Bohr, GILBERT, TOWN OF; Alisa McMahon, representing self;
Michael Fiflis, representing self; Ryan Peters, CHANDLER, CITY OF; Jack W Lunsford, BUCKEYE, CITY OF; Jana Segal,
representing self; Daniel Stormont, representing self; Vivian Harte, representing self, Scott Grzybowski,
representing self; Councilwoman Sharron Grzybowski, representing self; Heather Bernacki Wilkey, QUEEN CREEK,
TOWN OF; Ginna Carico, GOODYEAR, CITY OF; Allen Skillicorn - Personal Position , representing self; Dale Wiebusch,
"SCOTTSDALE, CITY OF "; Liz Barker Alvarez, AVONDALE, CITY OF; Katy Proctor, City Of Maricopa; Andrea De La
Cruz, MARANA, TOWN OF; Robert Wisler CITY OF APACHE JUNCTION, representing self; John Raeder, BUCKEYE,
CITY OF

All Comments:

Kathyrn Busby, Arizona Nurses Association: Affordable housing is. Important to nurses not only for their public
health but housing for essential workers such as nurses; Mary Evelyn Simpson, Self: YavGOP PC, Excellent idea for
urban revitalization and taking advantage of unused building to help with the huge housing crisis; Garrett Sawyer,
Self: I'm in favor but with amendments. The percentage of affordable units for low and moderate income should
be increased to 25% and there needs to be provisions for allowing reuse only to projects with direct access to
adequate public transportation.; David Scott, Self: This bill will speed up development of housing in Arizona.
However, | recommend that the 10% allocation for low or moderate-income units be increased to 25% to ensure
housing that meets the needs of all Arizonans, especially those with lower incomes.; Brent Kleinman, Self: This bill
will speed up development of housing in Arizona. However, | recommend that the 10% allocation for low or
moderate-income units be increased to 25% to ensure housing that meets the needs of all Arizonans, especially
those with lower incomes.; Frank Cassidy, LEAGUE OF ARIZONA CITIES & TOWNS: Here to provide expert testimony
on HB2297; Mayor Ginny Dickey, Self: | agree with the League position in opposition to HB2297.; Alisa McMahon,
Self: Overreach into local matters. The building code definition in 9-1301 would exempt these buildings from being
brought up to current code. Outdated codes subject residents to higher utility bills, an even bigger burden for
lower income residents.; Michael Fiflis, Self: Gross overreach into local affairs.; Jana Segal, Self: Stop messing with
local control.; Daniel Stormont, Self: This strike-everything amendment allows for multi-family residential
construction that doesn't comply with local zoning requirements.; Councilwoman Sharron Grzybowski, Self: | agree
with the concept of repurposing unused commercial buildings/land but we should allow focal officials to make
decisions based on location and needs. | also feel like this skips the step of involving the public.; Allen Skillicorn -
Personal Position , Self: Please protect single family housing. No against the Striker. Zoning hearings are
transparent.; Harold Bergsma, Self: Worthy of discussion but maybe too broad in applicability. Should focus on
sites on major corridors with frequent transit service. Also, more affordable housing than 10% should be required.

HB2316, private universities: Arizona teachers academy

Support:

Susan Brenton, MANUFACTURED HOUSING COMMUNITIES OF AZ INC; Shirley Dye, representing self; Lynne
Weaver, representing self; Gary Johnson, representing self; Bill Blewster, representing self; Barbara Blewster,
representing self; Christine Maceri Genge, representing self; Dennis Genge, representing self; Stephen Harris,
representing self; Christian Sotorio, representing self; Corinne Haynes, representing self; Buffalo Rick Galeener,
representing self; Susan Bolt, representing self; Linda Busam, representing self; Carol Cherry, representing self;
Bridget Nelke, representing self; Gary Saxhaug, representing self; James McFadzean, representing self; Phyllis
Lester, representing self; Helen Hebert, representing self; Starr Costa, representing self; Barb Hinderland,
representing self; Michael Mote, representing self; Bev Miller, representing self; Kay Bateman, representing self;
Ryan Larson, representing self; Janna Day, MANUFACTURED HOUSING COMMUNITIES OF AZ INC.; James Roth,
representing self

Neutral:
Dana Paschke, ARIZONA ASSOCIATION OF MANUFACTURED HOMEOWNERS; Destiny Ruiz, Wildfire AZ

Oppose:

Adam Babica, LEAGUE OF ARIZONA CITIES & TOWNS; Spencer Self, representing self; Craig McDermott,
representing self; Drew Schaffer, WM £ MORRIS INSTITUTE FOR JUSTICE; Robert Wisler CITY OF APACHE JUNCTION,
representing self; lise Contreras, PHOENIX, CITY OF; Anamaria Ortega, representing self

All Comments:

Susan Brenton, MANUFACTURED HOUSING COMMUNITIES OF AZ INC: Support amendment; Shirley Dye, Self:
Students in private college teaching programs should be entitled to the same Teacher Academy funding as those
from public colleges. We need teachers with a more conservative world view teaching our kids.; Lynne Weaver,
Self: Precinct Captain, State Committeeman. Please support this bill.; Bill Blewster, Self: As long as we have to have
government schools this bill helps private schools to participate in the program.; Barbara Blewster, Self: The
Schools of education at the universities need competition. This seems a step in the right direction.; Stephen Harris,
Self: This bill enables private institutions to participate in the teacher’s academy program, which is a good thing;
Corinne Haynes, Self: Private institutions should be able to participate in the teachers’ academy program.; Bridget
Nelke, Self: i support this bill to expand to private universities opportunities for teacher academy; Gary Saxhaug,
Self: 1 am a PC & SC. Good Bill.; James McFadzean, Self: Allowing private institutions to participate in teacher's
academy program makes a lot of sense.; Helen Hebert, Self: gives a wide variety of teachers to take advantage of
this .; Starr Costa, Self: This bill enables private institutions to participate in the teacher’s academy program, which
is a good thing.; Kay Bateman, Self: Private institutions should be able to participate in the teacher's academy
program.,; James Roth, Self: ! am an AZ citizen and PC and support this bill. We need good teachers and this bill
provides for the formation of solid future teachers.; Adam Babica, LEAGUE OF ARIZONA CITIES & TOWNS: In
opposition in anticipation of S/E amendment; Spencer Self, Self: on behalf of the City of Phoenix.; Craig McDermott,
Self: Re: the striker; Drew Schaffer, WM E MORRIS INSTITUTE FOR JUSTICE: The William E. Morris Institute for
Justice opposes Section 3 of the Strike-Everything Amendment to House Bill 2316, which would add a new
Subsection F to A.R.S. Sec. 41-4006, mandating citation of mobile homeowners for code violations.; lise Contreras,
PHOENIX, CITY OF: Opposed to the strike everything amendment relating to mobile homes.; Dana Paschke,
ARIZONA ASSOCIATION OF MANUFACTURED HOMEOWNERS: AAMHO supports the modifications to the
relocation fund statutes but opposes the Title 41 language relating to code citations.

HB2505, assisted living; refunds; escrow accounts

Support:

Jerry Holmes, representing self; Brendon Blake, AARP; James Steven, representing self; Leonard Kirschner,
representing self; Harold Bergsma, representing self; Eileen Kendig, representing self; Carl Landrum, representing
self; Tom Doescher , representing self

Oppose:

Don Isaacson, LEADINGAGE ARIZONA; Marie Isaacson, ARIZONA LEADINGAGE; Jim Coyle, representing self; Marcia
Krone, representing self; Joan Olson, representing self; Jon Scott Williams, representing self; David Voepel,
representing self; Joan Coyle, representing self; Megan Olson, representing self; Tom Olson, representing self

All Comments:

Jerry Holmes, Self: | support the refund of funds in an escrow account if the facility has been unable to fill a
vacancy within a one year time limit. Doing otherwise places an undue burden on the contract holder.; Marcia
Krone, Self: This is solving a problem for a few at the expense of the rest of the community.; Joan Olson, Self: this is
interfering with my life care plan that | signed up for long ago. The new residents will not have the same skin in
the game that I do. This is unfair to me.; Jon Scott Williams, Self: Bill as written will not get refunds to the people
affected . It will increase entry buy-ins; Joan Coyle, Self: This hurts the residents that are at the facility currently.

HB2518, municipalities: housing needs assessment; zoning

Support:

Courtney Gilstrap LeVinus, Arizona Multihousing Association; Nick Ponder, LEAGUE OF ARIZONA CITIES & TOWNS,
PARADISE VALLEY, TOWN OF, PHOENIX, CITY OF, TUCSON, CITY OF, YUMA, CITY OF; Marcus Dell'Artino, Tucson
Metro Chamber Of Commerce; Emily Ryan, Southern Arizona Home Builders Association; Mayor Robyn
Prud‘homme-Bauer, representing self; Kathyrn Busby, Arizona Nurses Association; Rob Bohr, GILBERT, TOWN OF;
Julie Rees, ARIZONA HOUSING COALITION; Elizabeth Goodman, WILDFIRE; Tom Savage, LEAGUE OF ARIZONA
CITIES & TOWNS; Councilwoman Sharron Grzybowski, representing self; Harold Bergsma, representing self;
Courtney Coolidge, AZ CHAMBER OF COMMERCE; Stephen Shadegg, Americans For Prosperity Arizona; Nicole
LaSlavic, ARIZONA LODGING AND TOURISM ASSOCIATION; Reid Butler, representing self; Mackenzie Shane,
GREATER PHOENIX CHAMBER OF COMMERCE; Clark Princell, VALLEY PARTNERSHIP; John Baumer, ARIZONA
CHAPTER OF NAIOP; David Scott, representing self; Mark Fitzgerald, AZ MULTIHOUSING ASSOCIATION; Brent
Kleinman, representing self

Oppose:
Craig McDermott, representing self; Alisa McMahon, representing self; Michael Fiflis, representing self; Allen
Skillicorn - Personal Position , representing self
All Comments:

Kathyrn Busby, Arizona Nurses Association: The Az Nurses Association supports efforts to increase affordable
housing for nurses and other workers but patients as well whose health is related to decent housing;
Councilwoman Sharron Grzybowski, Self: As a councilwoman, | support process changes but any changes that take
away the ability to have the public and local government involved is not acceptable.; David Scott, Self: This bill will
provide data on the housing shortage and help ensure that all Arizonans have a home within reach. it will speed up
the development process, creating more housing units for low-income individuals in areas with access to public
transit.; Brent Kleinman, Self: This bill will provide data on the housing shortage and help ensure that all Arizonans
have a home within reach. It will speed up the development process, creating more housing units for low-income
individuals in areas with access to public transit.; Alisa McMahon, Self: Housing Needs Assessment would be an
unfunded mandate. “Permanent” does not equal 25 years. “Municipality shall offer” does not accommodate
situations where more height/density is a bad idea. Entire bill is legistative overreach into local matters.; Michael
Fiflis, Self: This bill is an unfunded overreach into local affairs. it needs to be more flexible and allow for local
factors incorporated into local zoning. A more refined version in these regards would be far better.; Allen Skillicorn
- Personal Position , Self: Zoning is a promise. Changes cannot be rushed through. Homes are a huge investment.
Residents > Developers

HB2609, auto theft authority; fee overpayment

Support:

Marc Osborn, ALLSTATE INSURANCE CO, Nationwide Insurance Company, GEICO, Farmers; Wendy Briggs,
AMERICAN PROPERTY CASUALTY INSURANCE ASSOCIATION; Daniel Romm, ALLSTATE INSURANCE CO, American
Family Insurance, Chubb Insurance , FARMERS INSURANCE GROUP OF COMPANIES, GOVERNMENT EMPLOYEES
INSURANCE COMPANY {GEICO), NATIONWIDE MUTUAL INSURANCE COMPANY; Emily Raymond, CSAA INSURANCE;
Terri Edwards, INDEPENDENT INSURANCE AGENTS & BROKERS OF AZ; Mackenzie Shane, GREATER PHOENIX
CHAMBER OF COMMERCE; Don Isaacson, STATE FARM INSURANCE COMPANIES; Marie Isaacson, STATE FARM
INSURANCE COMPANIES

Neutral:
Fausto Burruel, AZ DEPT. OF INSURANCE AND FINANCIAL INSTITUTIONS

Oppose:

Craig McDermott, representing self

All Comments:
Mackenzie Shane, GREATER PHOENIX CHAMBER OF COMMERCE: Signing in supportive of HB 2609.

HB2666, tourism advisory council; public entities

Support:
Nicole LaSlavic, ARIZONA LODGING AND TOURISM ASSOCIATION; Tom Dorn, LA PAZ COUNTY; Tyler Lopez, Arizona
Office Of Tourism
HCM2001, reevaluate restrictions; chemical industry

Support:
Brian Tassinari, AMERICAN CHEMISTRY COUNCIL; Courtney Coolidge, AZ CHAMBER OF COMMERCE; Angelica
Terrazas, AMERICAN CHEMISTRY COUNCIL

Oppose:

Pat VanMaanen, representing self; Rebecca Smith Gross, representing self; Craig McDermott, representing self;
Beverly Janowitz-Price, representing self; Kenneth Bierman, representing self; Alisa McMahon, representing self;
Michael Fiflis, representing self; Karen Cusano, representing self; Becky Sayler, representing self; Kathy Fraser,
representing self; Kathryn Pensinger, representing self; Donna Walkuski, representing self; Jim Moran,
representing self; Liana Moran, representing self; Nancy Santori, representing self; Jana Segal, representing self;
Daniel Stormont, representing self; Vivian Harte, representing self; Dorothy Reed-inman, representing self; Sherry
Massie, representing self; joan hall, representing self; Lynn DeMuth, representing self; Theresa Paszkiewicz,
representing self; Joseph Alexander, representing self; Chris Allen, representing self; Kurt Reuter, representing self;
Charlene Hoffman, representing self; Donna Corbin, representing self; Amy Douglass, representing self; Ron
Brinkman, representing self; Catherine Della Penta, representing self; Rivko Knox, representing self; Vania Guevara,
CHISPA ARIZONA, A PROGRAM OF LEAGUE OF CONSERVATION VOTERS, INC; Valarie Bryant, representing self;
Garrett Sawyer, representing self; Lyla Yango, representing self; Pat Jayson, representing self

All Comments:

Pat VanMaanen, Self: objection to new regulations on chemical industry but is unclear just which regulations they
are including. If PFAS, these are the ‘forever chemicals' that cause harmful health impacts and should have
regulations.; Alisa McMahon, Self: This is ridiculous. | would like to see the Legislature working on something
useful - for example, a clean fix to the election calendar problem.; Jana Segal, Self: Objects to new regulations on
the chemical industry. My concern is that it will discourage much needed regulation on per- and polyfluoroalky}
substances (PFAS). People on the Southside of Tucson have experienced serious health problems due to PFAS.;
Daniel Stormont, Self: The chemical industry has a fong history of introducing new products with detrimental
effects on human, animal, and environmental health. They shouldn't get a free pass - especially for compounds like
PFAS.; Kurt Reuter, Self: The chemical industry has been notorious in minimizing the adverse health impacts of
some of their products, such as PFAS, so appropriate levels of regulations are important for the protection of your
constituents.; Donna Corbin, Self: You were sent to Phoenix to protect the citizens of AZ not to support chemical
companies.; Lyla Yango, Self: The chemical industry must be regulated to protect public health and nature.
COMPLETE FORM FOR PUBLIC RECORD

STATE OF ARIZONA
HOUSE OF REPRESENTATIVES

REQUEST TO SPEAK
Committee on Canwy C2 Date: -G a! Bill Number: KB A os”

Name: (3 aris QAR 1 Suny LR | Support QO) Oppose O Neutral

Need to Speak: elves LC] No
Representing: Swopett mm WHRa2 S04 Registered Lobbyist Yes #£No

Address: 676 b EC. S camin Sg Cag le Ud of City/State: Scatts dale zip Code: 5 bh
Email Address Dav bavals tay lov 227 @)_., PhoneNumber: “4 $0 -636-0410
Mar liccwi

Comments: __\_ appreciate Hue onpettun ch, ro Sspeal ah
Reasos,. sothetin Ar duals. AWA tha ~Gthigg cei \\
*SPEAKING TIME DETERMINED BY THE CHAIRMAN# * ely, Marner,

ARIZONA STATE LEGISLATURE

Fifty-sixth Legislature - Second Regular Session

COMMITTEE ATTENDANCE RECORD

COMMITTEE ON COMMERCE
CHAIRMAN: Justin Wilmeth VICE-CHAIRMAN: _Michael Carbone
DATE 02/06/24 124 124 124 /24
CONVENED Frojp m m m m m
RECESSED
RECONVENED
ADJOURNED bi05 DN
MEMBERS .
Aguilar M4
Austin JV
Carter J
Gress J
Heap Vv
Hendrix Vv,
Hernandez M /
Ortiz /
Carbone, Vice-Chairman v
Wilmeth, Chairman v

V Present --- Absent exc Excused

Attachment =
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session

HB 2210: occupational safety advisory committee; continuation
Sponsor: Representative Livingston, LD 28
Committee on Commerce

Overview
Continues the Occupational Safety and Health Advisory Committee (Advisory Committee)
for eight years.

History
Occupational Safety and Health Advisory Committee

The Advisory Committee was established in 1972 to provide recommendations and assistance
to the Industrial Commission of Arizona (ICA) in the drafting of standards and regulations.
The Advisory Committee consists of a reasonably balanced representation of person
knowledgeable in safety and health appointed by the ICA. The number of members on the
Advisory Committee is not specified by statute so long as it is a reasonably balanced
representation of industries, including agriculture, labor and persons knowledgeable in
safety and health. Statute requires the Director of the Division of Occupational Safety and
Health serve as an "ex-officio" non-voting member (A.R.S. § 23-409).

Sunset Review Process
The sunset review process provides a system for the Legislature to evaluate the need to
continue the existence of state agencies which are reviewed by a legislative committee of
reference (COR). The COR is required to hold a public hearing, receive testimony from agency
officials and the public and consider the agency's responses to the statutorily-outlined sunset
factors in determining whether to recommend continuing, consolidating or terminating the
agency (A.R.S 41-2954).

The House Commerce COR held a public meeting on January 16, 2024, and recommended
that the Legislature continue the Advisory Committee for eight years. The Advisory
Committee terminates on July 1, 2024, unless continued by the Legislature (A.R.S. § 41-

3024.17).

Provisions
1. Continues, retroactive to July 1, 2024, the Advisory Committee for eight years until July
1, 2082. (Sec. 1, 2, 4)

2. Repeals the Advisory Committee on January 1, 2033. (Sec. 2)

3. Includes a purpose statement. (Sec. 3)

[1 Prop 105 (45 votes) [1 Prop 108 (40 votes) [ Emergency (40 votes) O Fiscal Note

HB 2210
Initials PB Page 1 Commerce

Attachment Mf
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature - Second Regular Session

ROLL CALL VOTE

COMMITTEE ON

Commerce

BILL NO. HB 2210

DATE February 06, 2024

motion: DP

PASS

AYE

NAY PRESENT | ABSENT

Aguilar

Austin

Carter

NIN RK

Gress

Heap

Hendrix

Hernandez M

Ortiz

Carbone, Vice-Chairman

Wilmeth, Chairman

IN WILMETH, Chairman
AAEL CARBONE, Vice-Chairman

SINS NS <

O |

“COMMITTEE SECRETARY

ATTACHMENT 5

ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature
Second Regular Session

HB 2211: occupational safety review board; continuation
Sponsor: Representative Livingston, LD 28
Committee on Commerce

Overview
Continues the Occupational Safety and Health Review Board (Review Board) for eight years.

History
Occupational Safety and Health Review Board

The Review Board is established within the Industrial Commission of Arizona to hear and
rule on appeals of administrative law judge decisions generated under the Division of
Occupational Safety and Health. The Review Board consists of five members who are
appointed by the Governor and who by reason of training, education or experience are
qualified to carry out the powers and duties of the Review Board (A.R.S. § 23-422).

Sunset Review Process
The sunset review process provides a system for the Legislature to evaluate the need to
continue the existence of state agencies which are reviewed by a legislative committee of
reference (COR), The COR is required to hold a public hearing, receive testimony from agency
officials and the public and consider the agency's responses to the statutorily-outlined sunset
factors in determining whether to recommend continuing, consolidating or terminating the
agency (A.R.S 41-2954).

The House Commerce COR held a public meeting on January 16, 2024, and recommended
that the Legislature continue the Review Board for eight years. The Review Board terminates
on July 1, 2024, unless continued by the Legislature (A.R.S. § 41-3024.19).

Provisions
1. Continues, retroactive to July 1, 2024, the Review Board for eight years until July 1, 2032.
(Sec. 1, 2, 4)

2. Repeals the Review Board on January 1, 2033. (Sec. 2)

3. Includes a purpose statement. (Sec. 3)

OF Prop 105 (45 votes) O Prop 108 (40 votes) [ Emergency (40 votes) O Fiscal Note

HB 2211
Initials PB Page 1 Commerce

Attachment_{¢ i,
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature - Second Regular Session

ROLL CALL VOTE
COMMITTEE ON Commerce BILL NO. HB 2211
DATE February 06, 2024 MOTION: b Pp
PASS AYE NAY PRESENT | ABSENT
Aguilar J
Austin J
Carter Jv
Gress 4
Heap VA
Hendrix /
Hernandez M /
Ortiz VA
Carbone, Vice-Chairman VA
Wilmeth, Chairman Y
8 | O |
Rusdn Aho
APPROVED: — Y~GOMMITTEE SECRETARY

JUSTIN WILMETH, Chairman
MI CARBONE, Vice-Chairman

ATTACHMENT. /
ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature
Second Regular Session

a

HB 2212: boiler advisory board; continuation
Sponsor: Representative Livingston, LD 28
Committee on Commerce

Overview
Continues the Boiler Advisory Board for eight years.

History
Boiler Advisory Board

The Boiler Advisory Board was established in 1977 to assist the Industrial Commission of
Arizona (ICA) in the drafting standards and regulations related to boilers, lined hot water
heaters and pressure vessels. The five ICA-appointed members of the Boiler Advisory Board
consists of one member who represents the boiler, pressure vessel or lined hot water heater
manufacturer industry, one member who represents a public utility, one member who
represents a public utility, one member who is an owner or operator of a boiler, pressure
vessel or lined hot water heater and one member who is a licensed contractor (A.R.S. § 23-

486).

Sunset Review Process
The sunset review process provides a system for the Legislature to evaluate the need to
continue the existence of state agencies which are reviewed by a legislative committee of
reference (COR). The COR is required to hold a public hearing, receive testimony from agency
officials and the public and consider the agency's responses to the statutorily-outlined sunset
factors in determining whether to recommend continuing, consolidating or terminating the
agency (A.R.S 41-2954).

The House Commerce COR held a public meeting on January 16, 2024, and recommended
that the Legislature continue the Boiler Advisory Board for eight years. The Boiler Advisory
Board terminates on July 1, 2024, unless continued by the Legislature (A.R.S. § 41-3024.18).

Provisions
1. Continues, retroactive to July 1, 2024, the Boiler Avisory Board for eight years until July
1, 2032. (Sec. 1, 2, 4)

2. Repeals the Boiler Advisory Board on January 1, 2033. (Sec. 2)

3. Includes a purpose statement. (Sec. 3)

4 Prop 105 (45 votes) [J Prop 108 (40 votes) © Emergency (40 votes) O Fiscal Note

HB 2212
Initials PB Page 1 Commerce

Attachment x
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature - Second Regular Session

ROLL CALL VOTE

COMMITTEE ON Commerce BiLL NO. HB 2212
DATE February 06, 2024 MOTION: D p
PASS AYE NAY PRESENT | ABSENT
Aguilar v
Austin V
Carter A
Gress VA
Heap V
Hendrix VA
Hernandez M Y
Ortiz 4
Carbone, Vice-Chairman VA
Wilmeth, Chairman Vv
v | | O
Ud Ain | Mahon
APPROVED: COMMITTEE SECRETARY

N WILMETH, Chairman
MICMAEL CARBONE, Vice-Chairman

ATTACHMENT. q
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session

el
HB 2204; workers' compensation rates; deviation
Sponsor: Representative Livingston, LD 28
Committee on Commerce

Overview
Allows certain insurers to file for a premium credit from the rating organization's uniform
rate filing.

History
The Department of Insurance and Financial Institutions (DIFI) oversees insurance rate

regulation to promote the public welfare and prevent excessive, inadequate or discriminatory
rates. DIFI designates a rating organization for the purpose of annually making and filing
statewide workers' compensation insurance rates (A.R.S. §§ 20-341 and 20-371).

A workers’ compensation or employers’ liability insurer (insurer) must adhere to the
statewide workers' compensation insurance rates filed with DIFI, except an insurer may file:
1) up to six uniform percentage deviations to adjust the statewide rate portion of the rating
organization's rate filing; and 2) a subclassification rate related rule that deviates from the
rating organization rules or schedule rating plan. An insurer may not simultaneously apply
a deviation and a schedule rating to the same insured risk. If an insurer files more than one
deviation, each must be consistent with underwriting rules based on criteria that would lead
to a logical distinction of potential risk (A.R.S. § 20-359).

Provisions

1. Permits a rating organization's member insurer to file a premium credit of up to 5% from
the rating organization's uniform rate filing based on a policyholder's membership in an
association. (Sec, 2)

2. Defines association as a domestic nonprofit corporation with a professional, commercial,
industrial or trade character of business. (Sec. 1)

C] Prop 105 (45 votes) [} Prop 108 (40 votes) © Emergency (40 votes) (i Fiscal Note

HB 2204
Initials PB Page 1 Commerce

Attachment | O_

Fifty-sixth Legislature Commerce
Second Regular Session H.B. 2204

PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2204
(Reference to printed bill)

1 Page 1, line 6, after the first “A” strike remainder of line

2 Strike line 7, insert "MEMBERSHIP ORGANIZATION WHOSE MEMBERSHIP IS COMPRISED
3 OF PERSONS THAT ARE IN A SIMILAR OR RELATED LINE OF COMMERCE, THAT IS
4 ORGANIZED TO PROMOTE AND IMPROVE BUSINESS CONDITIONS IN THAT LINE OF
5 COMMERCE AND THAT IS NOT ENGAGED IN A REGULAR BUSINESS OF A KIND THAT IS
6 ORDINARILY CARRIED ON FOR PROFIT AND THE NET EARNINGS OF THE MEMBERSHIP
7 ORGANIZATION DO NOT INURE TO THE BENEFIT OF ANY MEMBER."

8

Amend title to conform

JUSTIN WILMETH

2204WILMETH. docx
02/05/2024

11:29 AM

H: PB/1s

# of Verbal:

Withdraw!

Stactment bl
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature - Second Regular Session

ROLL CALL VOTE

COMMITTEE ON Commerce BILL NO. HB 2204

DATE February 06, 2024 MOTION: D PAK

PASS AYE NAY PRESENT | ABSENT

Aguilar

Austin

Carter

Gress

Heap

Hendrix

Ortiz

Carbone, Vice-Chairman

Wilmeth, Chairman

Vv
V
v4
"A
v
Hernandez M Vv
v
V4
VA
q

O @) /

At LAAN NM len

GOMMITTEE SECRETARY

APPROVED:

AAEL CARBONE, Vice-Chairman

ATTACHMENT. /e-
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session

HB 2609: auto theft authority; fee overpayment
Sponsor: Representative Livingston, LD 28
Committee on Commerce

Overview
Entitles an insurer to a refund or credit relating to overpayment of certain fees.

History
EKstablished in the Department of Insurance and Financial Institutions (DIFI), the

Automobile Theft Authority (Authority) is tasked with determining the scope of motor vehicle
theft and the areas of the state where the problem is the greatest. The Authority may also
analyze, develop and implement a plan to combat the problem of motor vehicle theft. The
Authority allocates monies in the Automobile Theft Authority Fund (Fund) to public agencies
for the purpose of establishing, maintaining and supporting programs that are designed to
prevent motor vehicle theft.

Each insurer who issues a motor vehicle liability insurance policy is required to pay a
semiannual fee of $0.50 per vehicle insured under the policy. Monies collected from the fee
as well as 50% of civil penalties assessed against a scrap metal dealer who does not submit
required vehicle information to the Arizona Department of Transportation are deposited into
the Fund (A.R.S § 41-3451).

The Authority must notify DIFI of an insurer's failure to pay the semiannual fee. On receiving
notice of an insurer's failure to pay the fee, DIFI may suspend the insurer's certificate of
authority or impose a civil penalty to be deposited into the Fund. (A.R.S. § 41-3453).

Provisions
1. Entitles an insurer who overpaid the automobile theft authority fee to a refund of the
overpaid amount or a credit of the overpaid amount to be applied against future fees. (Sec.

1)
2. Directs the insurer to submit a request for a refund or credit to the Authority with
documentation or information proving the overpaid amount. (Sec 1)

0 Prop 105 (45 votes) C] Prop 108 (40 votes) 0 Emergency (40 votes) 0 Fiscal Note

HB 2609
Initials PB Page 1 Sommerce
Attachment 13:
Fifty-sixth Legislature Commerce
Second Regular Session H.B. 2609

PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2609
(Reference to printed bill)

Page 1, line 4, strike "credit" insert “underpayment; refund; audit"
Line 14, after "AMOUNT" strike remainder of line
Strike line 15
Line 16, strike "AUTHORITY FEES"; after the first "A" insert "WRITTEN"; strike
"OR CREDIT"
Line 17, after "AUTHORITY" insert "WITHIN ONE YEAR AFTER THE DATE THAT THE

ypu ony DBD oO Fe WO PP F

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

OVERPAID ASSESSMENT WAS DUE AND PAYABLE PURSUANT TO THE DATES SPECIFIED IN
SECTION 41-3451, SUBSECTION J," after "OR" insert "ANY OTHER";

Line 18, strike "SUBSTANTIATING" insert "SATISFACTORY TO THE DIRECTOR TO

SUBSTANTIATE"; after "THE" insert "ACTUAL"; after the period insert: "THE
DIRECTOR SHALL APPROVE OR DENY A REFUND OF THE AMOUNT SPECIFIED IN THE
INSURER’S REQUEST. IF THE DIRECTOR APPROVES A REFUND REQUEST THE DIRECTOR
SHALL REFUND TO THE INSURER THE AMOUNT SPECIFIED IN THE INSURER’S REQUEST
FROM THE AUTOMOBILE THEFT AUTHORITY FUND ESTABLISHED BY SECTION 41-3451.

C. AN INSURER WHO HAS UNDERPAID THE FEE PRESCRIBED BY SECTION 41-
3451 SHALL TRANSMIT TO THE AUTOMOBILE THEFT AUTHORITY WITHIN SIXTY DAYS
AFTER THE FEE WAS DUE AND PAYABLE ON THE DATES SPECIFIED IN SECTION 41-
3451, SUBSECTION J, THE DIFFERENCE BETWEEN THE TOTAL AMOUNT THAT WAS DUE
AND PAYABLE AND THE TOTAL AMOUNT THAT THE INSURER ACTUALLY PAID FOR DEPOSIT
IN THE AUTOMOBILE THEFT AUTHORITY FUND.

D. THE DIRECTOR MAY AUDIT AN INSURER THAT ISSUES MOTOR VEHICLE
LIABILITY INSURANCE POLICIES IN THIS STATE FOR THE PURPOSES OF DETERMINING
WHETHER THE INSURER IS IN COMPLIANCE WITH THIS CHAPTER. THE EXPENSES OF AN
AUDIT CONDUCTED UNDER THIS SUBSECTION SHALL BE PAID BY THE INSURER."

House Amendments to H.B. 2609

1 Reletter to conform

2 Amend title to conform

JUSTIN WILMETH

2609WI LMETH. docx
02/05/2024

09:30 AM

H: PB/Is
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature - Second Regular Session

ROLL CALL VOTE

COMMITTEE ON

Commerce BILL NO. HB 2609

DATE February 06, 2024

motion: DPA

PASS

AYE NAY PRESENT | ABSENT

Aguilar

Austin

Carter

NINN

Gress

Heap

Hendrix

Hernandez M

Ortiz

Carbone, Vice-Chairman

Wilmeth, Chairman

te

TIN WILMETH, Chairman
pee CARBONE, Vice-Chairman

O ©

wo SNS

Ain N hie

/ COMMITTEE SECRETARY

ATTACHMENT 15

ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session

ee

HB 2253: board of technical registration; continuation
Sponsor: Representative Wilmeth, LD 2
Committee on Commerce

Overview
Continues the Board of Technical Registration (BTR) for eight years.

History
Board of Technical Registration

Created in 1921, originally referred to as the State Board of Registration, the BTR provides
for the safety, health and welfare of the public by establishing and enforcing standards of
qualification for alarm agents, architects, engineers, geologists, home inspectors, landscape
architects, and land surveyors and determining if applicants are qualified to be registered or
certified. The BTR is a 90/10 board which requires 90% of fees and other revenues received
by the BTR to be deposited into the Technical Registration Fund used to cover the BTR's
operational expenses and 10% to be deposited into the state General Fund. The 11-member
BTR consists of one architect, one professional engineer, one landscape architect, one
geologist, one land surveyor and six public members with at least one of whom has a legal,
construction or design product background. Members are appointed by the Governor for a
three-year term and may not serve more than two consecutive terms (Title 32, Chapter 1,

A.R.S.)
Sunset Review Process

The sunset review process provides a system for the Legislature to evaluate the need to
continue the existence of state agencies which are reviewed by a legislative committee of
reference (COR). The COR is required to hold a public hearing, receive testimony from agency
officials and the public and consider the agency's responses to the statutorily-outlined sunset
factors in determining whether to recommend continuing, consolidating or terminating the
agency (A.R.S 41-2954).
The House Commerce COR held a public meeting on January 16, 2024, and recommended
that the Legislature continue the BTR for eight years. The BTR terminates on July 1, 2024,
unless continued by the Legislature (A.R.S. § 41-3024.11).
Provisions
1. Continues, retroactive to July 1, 2024, the BTR for eight years until July 1, 2032. (Sec. 1,

2, 4)

2. Repeals the BTR on January 1, 20338. (Sec. 2)

3. Includes a purpose statement, (Sec. 3)

[) Prop 105 (45 votes) C1 Prop 108 (40 votes) OEmergency (40 votes) O Fiscal Note

HB 2253
Initials PB Page 1 Commerce

attachment_[e_
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature - Second Regular Session

ROLL CALL VOTE

COMMITTEE ON Commerce BILL NO. HB 2253

DATE February 06, 2024 motion: .DP
PASS AYE NAY PRESENT | ABSENT

Aguilar J

Austin \/

Carter J

Gress JS

Heap J

Hendrix Jf

Hernandez M J

Ortiz JS

Carbone, Vice-Chairman J

Wilmeth, Chairman J
APPROVED: L—= re SECRETARY

Loe.

STIN WILMETH, Chairman
HAEL CARBONE, Vice-Chairman

ATTACHMENT.
ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature
Second Regular Session

a

HCM2001: reevaluate restrictions; chemical industry
Sponsor: Representative Willoughby, LD 13
Committee on Commerce

Overview
Urges the U.S. federal government to reevaluate proposed restrictions on the chemical
industry.

Provisions
1. Urges U.S. President and Congress to:

a) reevaluate proposed restrictions on the chemical industry and to ensure that
regulations are based on sound science, promote innovation and support supply chain
resiliency; and

b) support frameworks that celebrate innovation and accelerate progress in the chemical
industry.

2. Requests Arizona Secretary of State to transmit the memorial to the U.S. President,
President of the U.S. Senate, Speaker of the U.S. House of Representatives, directors of
relevent federal agencies and each member of Congress from Arizona.

HCM 2001
Initials PB Page 1 Commerce

Attachment | g
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature - Second Regular Session

ROLL CALL VOTE

COMMITTEE ON

Commerce

BILL NO.

DATE February 06, 2024

_HCM 2001.

motion: DP

PASS

AYE

NAY

PRESENT

ABSENT

Aguilar

Austin

Carter

Gress

Heap

Hendrix

Hernandez M

Ortiz

7
v

Carbone, Vice-Chairman

Wilmeth, Chairman

WIN

APPROVED:

JUST]
MIC

WILMETH, Chairman
CARBONE, Vice-Chairman

rp

O

O

usar SM abape

ASOMMITTEE SECRETARY

ATTACHMENT__19

ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature
Second Regular Session

HB 2297: adaptive reuse; commercial buildings; zoning
S/E: same subject
Sponsor: Representative Biasiucci, LD 30
Committee on Commerce

Summary of the Strike-Everything Amendment to HB 2297

Overview
Prescribes requirements relating to the multifamily residential development or adaptive
reuse development of a commercial building or mixed use site.

History
Pursuant to A.R.S. § 9-462.01, the legislative body of any municipality by ordinance, to

conserve and promote the public health, safety and general welfare, may:

1) regulate the use of buildings, structures and land between agriculture residence, industry
and business;

2) regulate the location, height, bulk, number of stories and size of buildings and structures,
the size and use of lots, yards, courts and other open spaces, the percentage of a lot that
may be occupied by a building or structure, access to incident solar energy and the
intensity of land use;

3) establish requirements for off-street parking and loading;

4) establish and maintain building setback lines; and

5) establish floodplain and age-specific community zoning districts and districts of historical
significance.

Provisions

1. Requires a municipality to allow multifamily residential development or adaptive reuse
development of any commercial building or mixed use site without an application for
rezoning. (Sec. 1)

2. Specifies the multifamily residential development or adaptive reuse development must:
a) have access to public sewer and water service for the entire development; and
b) comply with all applicable building codes. (Sec. 1)

3. Stipulates the residential density must be the maximum residential density allowed
under municipal zoning ordinances. (Sec. 1)

4. Asserts existing municipal setback requirements must be amended to support the
maximum density allowed under existing municipal zoning ordinances and permits
additional encroachments. (Sec. 1)

D Prop 105 (45 votes) Oi Prop 108 (40 votes) © Emergency (40 votes) O Fiscal Note

HB 2297
Initials PB Page 1 Jommerce

Attachment AO.
ieee eee

10.

ll.

Permits the multifamily residential development or adaptive reuse development to allow
for the demolition of all or a portion of the existing building or buildings. (Sec. 1)

Stipulates the height of the existing commercial building or mixed use structure may
remain and be considered nonconforming if the height exceeds the maximum height of
the zoning district. (Sec. 1)

Adds any rooftop construction must be included within the height exemption. (Sec. 1)

Requires the multifamily residential development or adaptive reuse development of any
commercial building or mixed use site to set aside at least 10% designated for either
moderate-income housing or low-incoming housing or any combination of both. (Sec. 1)

Specifies the multifamily residential development or adaptive reuse development cannot
be subject to the enforcement of any regulation that exceeds existing parking space
requirements beyond what is required in the existing zoning code. (Sec. 1)

Asserts the multifamily residential development or adaptive reuse development

requirements do not apply to any land:

a) in an area that is designated as a district of historical significance or as historic on
the national register of historic places;

b) in the immediate vicinity of an airport or ancillary military facility; or

c) ina municipality that is located on tribal land. (Sec. 1)

Defines pertinent terms. (Sec. 1)

HB 2297

Initials PB Page 2 Commerce
Fifty-sixth Legislature Commerce
Second Regular Session H.B. 2297

oO Oo 4 DD oO & WwW MD

MM PR NR a a a ees
won OF OD ODO nN DBD HO BF WD DH KF CO

PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2297
(Reference to printed bill)

Strike everything after the enacting clause and insert:

"Section 1. Title 9, chapter 4, article 6.1, Arizona Revised
Statutes, is amended by adding section 9-462.10, to read:

9-462.10. Commercial buildings: adaptive reuse: prohibition on

rezoning; applicability: definitions

A. NOTWITHSTANDING ANY OTHER LAW, A MUNICIPALITY SHALL ALLOW
MULTIFAMILY RESIDENTIAL DEVELOPMENT OR ADAPTIVE REUSE DEVELOPMENT OF ANY
COMMERCIAL BUILDING OR MIXED USE SITE WITHOUT AN APPLICATION FOR REZONING.

B. THE MULTIFAMILY RESIDENTIAL DEVELOPMENT OR ADAPTIVE REUSE
DEVELOPMENT MUST HAVE ACCESS TO PUBLIC SEWER AND WATER SERVICE FOR THE
ENTIRE DEVELOPMENT AND SHALL COMPLY WITH ALL APPLICABLE BUILDING CODES.

C. THE RESIDENTIAL DENSITY SHALL BE THE MAXIMUM RESIDENTIAL DENSITY
ALLOWED UNDER MUNICIPAL ZONING ORDINANCES.

D. EXISTING MUNICIPAL SETBACK REQUIREMENTS SHALL BE AMENDED TO
SUPPORT THE MAXIMUM DENSITY ALLOWED UNDER EXISTING MUNICIPAL ZONING
ORDINANCES. ADDITIONAL ENCROACHMENTS ARE ALLOWED.

E. THE MULTIFAMILY RESIDENTIAL DEVELOPMENT OR ADAPTIVE REUSE
DEVELOPMENT MAY ALLOW FOR THE DEMOLITION OF ALL OR A PORTION OF THE
EXISTING BUILDING OR BUILDINGS.

F. IF THE HEIGHT OF THE EXISTING COMMERCIAL BUILDING OR MIXED USE
STRUCTURE EXCEEDS THE MAXIMUM HEIGHT OF THE ZONING DISTRICT, THE HEIGHT MAY
REMAIN AND SHALL BE CONSIDERED NONCONFORMING. ANY ROOFTOP CONSTRUCTION
SHALL BE INCLUDED WITHIN THE HEIGHT EXEMPTION.

Attachment QY
po Oo NZ DD ON FF WH MD #

QO Ww wn Db NY Bb YH DY DY WY DY MY KF Bw ee ew oe ee eo
nu oF oD ODN DO FF BW MY KF& OO ON DO BR WH FP Oo

House Amendments to H.B. 2297

G. THE MULTIFAMILY RESIDENTIAL DEVELOPMENT OR ADAPTIVE REUSE
DEVELOPMENT OF ANY COMMERCIAL BUILDING OR MIXED USE SITE SHALL PROVIDE A
MINIMUM SET ASIDE OF AT LEAST TEN PERCENT DESIGNATED FOR EITHER
MODERATE-INCOME HOUSING OR LOW-INCOME HOUSING OR ANY COMBINATION OF BOTH
MODERATE-INCOME HOUSING AND LOW-INCOME HOUSING.

H. THE MULTIFAMILY RESIDENTIAL DEVELOPMENT OR ADAPTIVE REUSE
DEVELOPMENT MAY NOT BE SUBJECT TO ENFORCEMENT OF ANY REGULATION THAT
EXCEEDS EXISTING PARKING SPACE REQUIREMENTS BEYOND WHAT IS REQUIRED IN THE
EXISTING ZONING CODE FOR MULTIFAMILY RESIDENTIAL DEVELOPMENT OR ADAPTIVE
REUSE DEVELOPMENT.

I, THIS SECTION DOES NOT APPLY TO ANY LAND IN AN AREA THAT IS
DESIGNATED AS A DISTRICT OF HISTORICAL SIGNIFICANCE PURSUANT TO SECTION
9-462.01 SUBSECTION A, PARAGRAPH 10, IN AN AREA THAT IS DESIGNATED AS
HISTORIC ON THE NATIONAL REGISTER OF HISTORIC PLACES, IN THE IMMEDIATE
VICINITY OF A MUNICIPAL, FEDERAL AVIATION ADMINISTRATION COMMERCIALLY
LICENSED, GENERAL AVIATION OR MILITARY AIRPORT OR ANCILLARY MILITARY
FACILITY AS DEFINED IN SECTION 28-8461 OR IN A MUNICIPALITY THAT IS LOCATED
ON TRIBAL LAND.

J. FOR THE PURPOSES OF THIS SECTION:

1. “ADAPTIVE REUSE" MEANS CONVERTING AN EXISTING STRUCTURE FROM THE
USE FOR WHICH IT WAS CONSTRUCTED TO A NEW USE BY MAINTAINING SOME OR ALL OF
THE ELEMENTS OF THE STRUCTURE.

2, "BUILDING CODE" HAS THE SAME MEANING PRESCRIBED IN SECTION
9-1301.

3. “LOW-INCOME HOUSING" MEANS HOUSING FOR A PERSON OR PERSONS AT OR
BELOW EIGHTY PERCENT OF THE AREA MEDIAN INCOME AS DETERMINED BY THE ARIZONA
DEPARTMENT OF HOUSING AND ADJUSTED FOR HOUSEHOLD SIZE BASED ON THE UNITED
STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.

4, "MAXIMUM RESIDENTIAL DENSITY" MEANS A RESIDENTIAL DENSITY
DEVELOPMENT THAT IS EQUAL TO OR GREATER THAN THE MAXIMUM RESIDENTIAL
DENSITY ALLOWED UNDER THE LOCAL GENERAL PLAN AND MUNICIPAL ZONING
ORDINANCES.
se oO NY DD oO Fe WD PP

Le ee a
CoN DO F&F WO HB FC

House Amendments to H.B. 2297

5. "MODERATE-INCOME HOUSING" MEANS HOUSING FOR A PERSON OR PERSONS
AT OR BELOW ONE HUNDRED TWENTY PERCENT OF THE AREA MEDIAN INCOME AS
DETERMINED BY THE ARIZONA DEPARTMENT OF HOUSING AND ADJUSTED FOR HOUSEHOLD
SIZE BASED ON THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT.

6. "MULTIFAMILY RESIDENTIAL DEVELOPMENT" MEANS A BUILDING OR
BUILDINGS THAT ARE DESIGNED AND USED FOR RESIDENTIAL PURPOSES AND THAT
CONTAIN MORE THAN ONE APARTMENT OR DWELLING UNIT.

7. “NONCONFORMING” MEANS STRUCTURES THAT HAVE RECEIVED BUILDING AND
ZONING PERMITS UNDER THE REGULATIONS IN PLACE AT THE TIME OF CONSTRUCTION.

8. "ROOFTOP CONSTRUCTION":

(a) MEANS ROOFTOP STRUCTURES THAT PRINCIPALLY HOUSE AIR CONDITIONING
EQUIPMENT, SOLAR PANELS AND OTHER ENERGY PRODUCTION FACILITIES.

(b) INCLUDES OPEN SPACE FEATURES, SWIMMING POOLS, SPACE FOR USE BY
RESIDENTS AND LANDSCAPING.

(c) DOES NOT INCLUDE DECORATIVE FEATURES, SPIRES, BELL TOWERS,
DOMES, CUPOLAS, PEDIMENTS, OBELISKS OR MONUMENTS."

Amend title to conform

JUSTIN WILMETH

2297WILMETH. docx
01/31/2024
8:20 AM

CG:

LAT

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

ROLL CALL VOTE

COMMITTEE ON Commerce BILL NO. HB 2297

DATE February 06, 2024 motion: D PAASE

PASS AYE NAY PRESENT | ABSENT
Aguilar vi
Austin Vv
Carter vA
Gress J
Heap V4
Hendrix v
Hernandez M , J
Ortiz v
Carbone, Vice-Chairman /
Wilmeth, Chairman JV
1 Q | 0

3
AULA \( hua

COMMITTEE SECRETARY

Jus ILMETH, Chairman
MICHAEY CARBONE, Vice-Chairman
ATTACHMENT AA

APPROVED:

t AMA

: Arizona Multihousing Association

Reid W. Butler/Butler Housing Company, Inc.

About:

During the last 39 years (dating back to 1984), Reid Butler has been involved as a developer and a principal
in the acquisition, development, finance and planning of over 100 multifamily and single family housing
communities with over 25,000 housing units in Arizona and California. Reid Butler has also been involved
as the developer and a principal in the development of over 500 acres of master-planned communities in
Metro Phoenix. Many of these housing and land development projects involved urban in-fill locations with
substantial community engagement and revitalization.

Education:
+ Stanford University (graduated 1978 with BA in International Relations).

* — University of Michigan Law School (graduated in 1981 with a JD; licensed in AZ).

Career:
+ Associate, Rogers & Wells, 1981 to 1983, New York City, (now Clifford Chance).

* Associate, Brown & Bain, Phoenix, 1983 (now Perkins Coie). Also a summer clerk for Brown & Bain in
1979 and 1980.

* Summer Clerk, Luce Forward Hamilton & Scripps, San Diego, 1980.

* Partner, Senior Vice President, Evans Withycombe, Phoenix, 1984-1996 (NYSE Public Company as a
Real Estate Investment Trust with IPO in 1994 through sale to EQR in 1997).

* Regional Partner, Senior Vice President, Lincoln Property Company/Legacy Partners, Phoenix,
1997-2001.

* President, Urban Communities, The Ellman Companies, Phoenix and Glendale, 2006 to 2010.

* President/Owner, Butler Housing Company, Inc., Phoenix and Prescott, 1997 to current.

Boards/Associations:
* Commissioner, Arizona Housing Commission, 2004 to 2011.
* Commissioner, Phoenix Historic Preservation Commission, 10 years total in separate terms to 2006.
* Board Member, Roosevelt Action Association, 2004-2010.
* Founder, former Co-President and Vice President, Hance Park Conservancy, 2010 to 2013.
* Board Member, Arizona Multihousing Association, 2002 to current (past Chair).
¢ Trustee, Board of Trustees, A.T. Still University, 2011 to current.
* Board Member, Trellis, 2012-2022.
* Steering Committee Member, Founder, Downtown Voices Coalition, 2004 to 2014.

1415 N. 7'* Avenue | Phoenix, AZ 85007 | Phone (602) 296-6200 | Fax (602) 296-6178

Attachment AZ

Example of what we can develop through HB2297

The inspiration behind HB2297 stems from a successful reconversion project in Phoenix located at 7th Avenue
and Osborne, southwest comer. This development was formerly an abandoned CVS store vacant for over a
decade, the developer demolished the empty building, reconfigured the land, and constructed 190 housing units,

complete with a parking structure.

SN 7th Ave

Before demolition and construction After demolition and construction

How many properties are there? The Phoenix area has 47.5 feet of retail space per capita (CoStar, 2018). In
comparison, the United States averages 24.5 feet per capita of retail space per person (Lincoln Institute of Land Policy,

2019)
Cities Financially Benefit

Before Development: The abandoned CVS was initially valued at around $600,000 FCV (full cash value)
before the reconstruction.

Post Re-development: This same plot of land is now appraised at $57,425,200 FCV (2024) and generates an
annual property tax revenue of $419,930; $65,9553 for the City of Phoenix (2023),

Schools Financially Benefit

School districts (Osborne Elementary, Phoenix High School, and Maricopa Community College District)
received over $350,000 in property tax from the three converted land parcels.

1415 N. 7» Avenue | Phoenix, AZ 85007 | Phone (602) 296-6200 | Fax (602) 296-6178
House Commerce Committee

Meeting

What buildings will apply
to HB2297:

Arizona Multihousing Association

Whether its commercial buildings that
have exceeded their useful life, empty big
box or half empty business centers, these
properties are ready for reconstruction
and renewal.

How many properties are there?

The Phoenix area has 47.5 feet of retail
space per capita (CoStar,2018). In
comparison, the United States averages
24.5 feet per capita of retail space per Hbaniioned.egs Pood Seordlat aims Schooldnd Wares Fads 11 cAandler
person (Lincoln Institute of Land Policy,

2019).

Example of what we can
develop through HB2297:

The inspiration behind HB2297 stems from
a successful commercial to multiuse
(including residential) project in Phoenix
located at 7** Avenue and Osborne,
southwest corner.

This development was formerly an
abandoned CVS store vacant for over a
decade, the developer demolished the
empty building, reconfigured the land, and
constructed 190 housing units, complete
with a parking structure.

Before demolition and construction

:_ AMA

Arizona Multihousing Association

__ After demolition and construction
AMA

_ Arizona Multihousing Association

Cities will financially benefit from HB2297

Development on 7* Avenue and Osborne

Before Development: The abandoned CVS was initially valued at around $600,000
FCV (Full cash value) before the reconstruction.

Post Re-development: This same plot of land is now appraised at $57,425,200 FCV
(2024) and generates an annual property tax revenue of $419,930; $65,955 for the
City of Phoenix (2023) and over $350,000 for school districts.

Lala

i AMA

_ Arizone Multihousing Association

Thank You!

Contact: Courtney Levinus, President & CEO
Email: Clevinus@azmultihousing.org

ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature
Second Regular Session

HB 2666: tourism advisory council; public entities
Sponsor: Representative Biasiucci, LD 30
Committee on Commerce

Overview
Amends statute pertaining to the Tourism Advisory Council (Council).

History
The Arizona Office of Tourism (AOT) is responsible for promoting and developing tourism in

Arizona. The AOT is led by a Director who is appointed by the Governor. The Director is
assisted and advised by the Council with establishing the budget, policies and programs
(A.R.S. § 41-2302).

The Council consists of 15 members, appointed by the Governor, serving five-year terms. The
members must be from recreational and tourist attractions, transportation and hospitality,
other tourism-related businesses, and the general public. There must be at least one member
from each of the six geographical planning areas, as follows: Area 1 Maricopa; Area 2 Pima;
Area 3 Apache, Coconino, Navajo and Yavapai; Area 4 Mohave and Yuma; Area 5 Gila and
Pinal; Area 6 Graham, Greenlee, Cochise and Santa Cruz. The Council may exercises its
statutory powers and duties by engaging in joint venture activities with private corporations
(A.R.S. § 41-2304).

Provisions
1. Adds La Paz County to Area 4 of the six geographical planning areas of Arizona for
purposes relating to the appointment of members to the Council. (Sec. 1)

2. Allows the Council to engage with public entities, including cities, towns and counties, in
addition to private corporations, to further the goals of the AOT. (Sec. 1)

3. Makes technical changes. (Sec. 1)

O) Prop 105 (45 votes) CO Prop 108 (40 votes) 0 Emergency (40 votes) 0 Fiscal Note

HB 2666
Initials IG Page 1 Commerce

Attachment AY
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature - Second Regular Session

ROLL CALL VOTE

COMMITTEE ON Commerce

DATE February 06, 2024

BILL NO.

HB 2666

motion: DP

PASS AYE NAY PRESENT

ABSENT

Aguilar

Austin

Carter

Gress

iN <M

Heap

Hendrix VA

Hernandez M

Ortiz

Carbone, Vice-Chairman

Wilmeth, Chairman

wa SNS

oO O

O

APPROVED:

STIN WILMETH, Chairman
HAEL CARBONE, Vice-Chairman

ATTACHMENT.

“COMMITTEE SECRETARY

AS

ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session

HB 2505: assisted living; refunds; escrow accounts
Sponsor: Representative Gress, LD 4
Committee on Commerce

Overview
Stipulates the contract holder must receive the entrance fee associated with a life care
contract when specified conditions are met.

History

A life care contract is a contractual agreement between a provider and a person (contract
holder) to provide for nursing services, medical services or health-related services, in addition
to board and lodging for the person in a facility or services in the person's private residence
with the right to future access to services, board and lodging in a facility, and is conditioned
on the transfer of an entrance fee to the provider for such services. Life care contracts may
only be offered by persons who are issued a permit as a provider by the Department of
Insurance and Financial Institution (DIFD.

As a condition for issuing the permit, DIFI requires the provider to maintain on a current
basis and in escrow an amount equal to the aggregate principal and interest payments due
during the next twelve months on account of any first mortgage or other long-term financing
of the facility. Additionally, the provider must establish an escrow account and place any
entrance fee in escrow prior to occupancy in the facility or providing services. Statute outlines
the conditions for releasing entrance fee monies to the provider.

An entrance fee that is held in escrow may be returned to the person who had made payment
to the provider at any time by the escrow agent on receipt of notice from the provider that
such person is entitled to a refund of the entrance fee (Title 20, Chapter 8, A.R.S.).

Provisions

1. Requires the entrance fee, minus deductions for expenses or other fees be returned to the
contract holder when the resident's occupancy terminates with the facility and on the first
occurance of either the resident's former living unit is inhabited by a new resident or
within one year. (Sec. 1)

2. Contains technical changes. (Sec 1)

© Prop 105 (45 votes) C] Prop 108 (40 votes} (Emergency (40 votes) ( Fiscal Note

HB 2505
Initials PB Page 1 Commerce

Attachment Ib
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature - Second Regular Session

ROLL CALL VOTE

COMMITTEE ON Commerce BILL NO. HB 2505

DATE February 06, 2024 MOTION: P

PASS AYE NAY PRESENT | ABSENT

Aguilar

“SN

Austin

Carter ' WA

Gress /

Heap

Hendrix

SIN

Hernandez M

Ortiz

Carbone, Vice-Chairman

Wilmeth, Chairman

3 O O

Auson Mole

APPROVED; ~ COMMITTEE SECRETARY

JUSTIN WILMETH, Chairman
Mi EL CARBONE, Vice-Chairman

ATTACHMENT 2 /
ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature
Second Regular Session

HB 2518: municipalities; housing needs assessment; zoning
Sponsor: Representative Gress, LD 4
Committee on Commerce

Overview
Establishes requirements relating to zoning ordinances and an assessment and annual
report regarding housing.

History
Statute authorizes municipalities to adopt zoning ordinances and codes to conserve and

promote the public health, safety and general welfare and outlines zoning guidelines and
requirements. Municipalities must adopt, by ordinance, a citizen review process that applies
to all rezoning and specific plan applications that require a public hearing. If a municipality
has a planning commission or a hearing officer, the commission or officer must hold a public
hearing on any zoning ordinance. At least 15 days before the hearing, a notice of the hearing
must be published at least once in a newspaper of general circulation in the municipality or
posted on the affected property in a manner as to be legible from the public right-of-way and
printed so that the word "zoning" is visible from a distance of 100 feet.

Municipalities, by ordinance, must establish a zoning administrator office which is
responsible for zoning ordinance enforcement. Appeals on decisions of the zoning
administrator are heard and decided on by a municipal board of adjustment. Notices of
hearings of the adjustment board must be published in a newspaper of general circulation in
the municipality and posted in conspicuous places close to the affected property (Title 9, Ch.4,
Art. 6.1, A.R.S.).

Municipalities are statutory required to have in place an overall time frame for issuing
licenses during which the municipality will either grant or deny each type of license that it
issues. The overall time frame for each license type must separately state the administrative
completeness review and the substantive review time frame. The municipality must issue a
notice of administrative completeness or deficiencies to a license applicant within the
administrative completeness review time frame. If the municipality does not issue a notice of
administrative completeness or deficiencies within the time frame, the application for the
license is deemed administratively complete. If the municipality issues a timely notice of
deficiencies, an application is not complete until all required information has been received
by the municipality (A.R.S. § 9-835).

Provisions

Zoning Ordinance Amendment
1. Instructs a municipality, by January 1, 2025, to adopt an amendment to the zoning
ordinance that requires the determination of whether a zoning application is
administratively complete within 30 after receiving the application. (Sec. 3)

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

HB 2518
Initials PB Page 1 vommerce

Attachment A>
2. Stipulates the municipality that determines the application is not administratively
complete must follow the statutory procedures relating to administrative completeness
for licensure until the application is administratively complete. (Sec. 3)

3. Instructs a municipality to determine whether a resubmitted application is
administratively complete within 15 days after receiving the resubmitted application.
(Sec. 3)

4. Requires the municipality to approve or deny the application within 180 days after
determining that the application is administratively complete. (Sec. 3)

5. Provides reasons for which a municipality may extend the time frame to approve or deny
the request beyond 180 days. (Sec. 3)

6. Specifies the requirements for a zoning ordinance amendment do not apply to:
a) land that is designated as a district of historical significance:
b) an area that is designated as historic on the national register of historic places; or
c) planned area developments. (Sec. 3)

Housing Needs Assessment; Annual Report
7. Instructs a municipality, beginning January 1, 2025, and every five years thereafter, to
publish a housing needs assessment. (Sec. 4)

Outlines information that the housing needs assessment must include. (Sec. 4)

Instructs a municipality, beginning January 1, 2025, to submit an annual report to the

Arizona Department of Housing which accounts for the total number of:

a) proposed residential housing units submitted to the municipality;

b) net new residential housing units submitted to the municipality; and

c) new residential housing units that are entitled, platted, permitted and have received
a certificate of occupancy. (Sec. 4)

10. Outlines information that must be included in the annual report. (Sec. 4)

11. Requires a municipality that has previously conducted a housing needs assessment report
to amend the report to include the required information as outlined. (Sec. 4)

12. Exempts a municipality from the requirement to fulfill certain required projections in the
housing needs assessment. (Sec. 4)

13. Exempts a municipality from the housing needs assessment and annual reporting
requirements that is located on tribal land or has a population of less than 30,000 persons.

(Sec. 4)
Miscellaneous

14. Removes the requirement for a public hearing notice to be published at least once in a
newspaper of general circulation in the municipality. (Sec. 1)

15. Removes the requirement for a municipality's board of adjustment to give notice of the
hearing by publication in a newspaper of general circulation in the municipality. (Sec. 2)

HB 2518
Initials PB Page 2 Commerce
ow ON DD oO Fe WO PM KF

PRP Me NO KF KF HP KF KF RP RP Fe
ono fF oO YO ON DOD oO fF WOW NYY KF OC

Fifty-sixth Legislature Commerce
Second Regular Session H.B. 2518

PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2518
(Reference to printed bill)

Page 1, between lines 1 and 2, insert:
"Section 1. Title 9, chapter 4, article 6, Arizona Revised Statutes,
is amended by adding section 9-461.18, to read:
9-461.18. Affordable housing; density; height; applicability;

definitions

A. NOTWITHSTANDING ANY OTHER LAW OR ORDINANCE, ON OR BEFORE JANUARY
1, 2025, A MUNICIPALITY SHALL OFFER, IN ANY MIXED USE OR MULTIFAMILY
RESIDENTIALLY ZONED DISTRICT WITHIN ONE-HALF MILE OF A LIGHT RAIL OR
STREETCAR STOP, A HEIGHT OR DENSITY BONUS OF TEN PERCENT ADDITIONAL
DWELLING UNITS FOR EITHER OF THE FOLLOWING:

1. A PROPOSED MULTIFAMILY RESIDENTIAL HOUSING DEVELOPMENT THAT
DEDICATES AT LEAST TWENTY PERCENT OF THE UNITS TO PERMANENT AFFORDABLE
HOUSING.

2. A PROPOSED RESIDENTIAL HOUSING DEVELOPMENT THAT QUALIFIES FOR THE
LOW-INCOME HOUSING TAX CREDIT PROGRAM AS DEFINED IN SECTION 42-13601,
SUBJECT TO ALL OTHER DEVELOPMENT STANDARDS OF THE MUNICIPALITY.

B. THIS SECTION DOES NOT APPLY TO ANY OF THE FOLLOWING:

1. ANY LAND IN THE IMMEDIATE VICINITY OF A MUNICIPAL AIRPORT, A
FEDERAL AVIATION ADMINISTRATION COMMERCIALLY LICENSED AIRPORT OR A GENERAL
AVIATION AIRPORT.

2. ANY TERRITORY IN THE VICINITY OF A MILITARY AIRPORT OR ANCILLARY
MILITARY FACILITY AS DEFINED IN SECTION 28-8461.

Attachment A
House Amendments to H.B. 2518

1 3. ANY AREA THAT IS DESIGNATED AS A DISTRICT OF HISTORICAL

2 SIGNIFICANCE PURSUANT TO SECTION 9-462.01, SUBSECTION A, PARAGRAPH 10.

3 4. ANY AREA THAT IS DESIGNATED AS HISTORIC ON THE NATIONAL REGISTER

4 OF HISTORIC PLACES.

5 5. TRIBAL LAND.

6 6. ANY AREA WHERE AN EXISTING MOBILE HOME PARK AS DEFINED IN SECTION

7 33-1409 MAY BE DISPLACED.

8 C. FOR THE PURPOSES OF THIS SECTION:

9 1. "DEDICATED" OR “DEDICATES” MEANS TO RECORD IN THE FORM AND
10 MANNER REQUIRED BY A MUNICIPALITY A LEGALLY BINDING DOCUMENT ON THE
11 PROPERTY THAT LIMITS THE PRICE AT WHICH THE PROPERTY MAY BE SOLD OR LEASED
12 FOR A PERIOD OF AT LEAST TWENTY-FIVE YEARS.

13 2. “MULTIFAMILY RESIDENTIAL DEVELOPMENT" MEANS A BUILDING OR
14 BUILDINGS THAT ARE DESIGNED AND USED FOR RESIDENTIAL PURPOSES AND THAT
15 CONTAIN MORE THAN ONE APARTMENT OR DWELLING UNIT.

16 3. “PERMANENT AFFORDABLE HOUSING" MEANS UNITS THAT ARE DEDICATED TO
17 EITHER OF THE FOLLOWING:

18 (a) OWNER-OCCUPIED HOUSING FOR WHICH THE TOTAL ANNUAL COST OF
19 OWNERSHIP, INCLUDING PRINCIPAL, INTEREST, TAXES, INSURANCE AND HOMEOWNERS'
20 ASSOCIATION FEES, DOES NOT EXCEED THIRTY PERCENT OF THE GROSS ANNUAL INCOME
21 OF A HOUSEHOLD THAT IS AT EIGHTY PERCENT OF THE AREA MEDIAN INCOME.

22 (b) RENTAL HOUSING FOR WHICH THE TOTAL ANNUAL RENT COST DOES NOT
23 EXCEED THIRTY PERCENT OF THE GROSS ANNUAL INCOME OF A HOUSEHOLD THAT IS AT
24 EIGHTY PERCENT OF THE AREA MEDIAN INCOME."

25 Renumber to conform

26 Page 1, line 11, strike “shattbe-pubtisted- at tesst-once—ironewspaper-of"

27 Strike line i2

28 Line 13, strike “there-?ts-none;—7tt" insert “shall be published at least once
29 in a newspaper of general circulation published or circulated in the
30 municipality, or if there is none, it"

31 Page 4, strike lines 17 through 45
32 Strike page 5
pmo Oo SN DD oO FSF WO FT

House Amendments to H.B. 2518

Page 6, strike lines 1 through 21

Renumber to conform

Page 8, between lines 5 and 6, insert:

"D. THE ARIZONA DEPARTMENT OF HOUSING SHALL COMPILE THE REPORTS

RECEIVED PURSUANT TO SUBSECTION B OF THIS SECTION AND SUBMIT THE REPORTS TO
THE GOVERNOR, THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF
REPRESENTATIVES."

Reletter to conform

Amend title to conform

MATT GRESS

2518GRESS.docx
02/02/2024
08:33 AM

C: LAT
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature - Second Regular Session

ROLL CALL VOTE

COMMITTEE ON Commerce BILL NO. __ HB 2518

DATE February 06, 2024 MOTION: 7 PA

PASS AYE NAY PRESENT | ABSENT

Aguilar VA

Austin VA

Carter ' /

Gress VA

Heap V

Hendrix V

Hernandez M v

Oruiz V

Carbone, Vice-Chairman vA

Wilmeth, Chairman | Y

8 | A | O QO

APPROVED: a GOMMITTEE SECRETARY

JU WILMETH, Chairman
Mi L CARBONE, Vice-Chairman

ATTACHMENT 2©

ovo =- nO
ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature
Second Regular Session

HB 2316: private universities; Arizona teachers academy
S/E: mobile home; relocation; building codes
Sponsor: Representative Gress, LD 4
Committee on Commerce

Summary of the Strike-Everything Amendment to HB 2316

Overview
Increases certain disbursements from the Mobile Home Relocation Fund (Fund). Asserts a
mobile home's owner is to be cited for certain violations.

History
The Fund provides relief to mobile home park tenants that relocated due to: 1) a change in

use or redevelopment of the mobile home park; 2) rent increases; or 3) a change in age-
restricted community use. Tenants who relocated due to rent increases or a change in age-
restricted community use are eligible to receive Fund disbursements of up to $7,500 for a
single-section mobile home or up to $12,500 for a multi-section mobile home (A.R.S. §§ 33-
1476.04 and 33-1476.05).

Each owner of a mobile home located in a mobile home park who does not own the land on
which the mobile home is located are annually assessed a rate of $.5 per $100 of a taxable
assessed valuation. Monies collected from the annual assessment are deposited into the
Fund. If the Fund balance exceeds $8,000,000 in any year, the assessments are waived and
reinstated if the Fund balance is less than $6,000,000 at the end of the fiscal year. (A.R.S. §

33-1476.03).

Provisions

1. Increases the amount of Fund monies a tenant who relocates due to rent increases or a
change in age-restricted community use may receive from:
a) $7,500 to $12,500 for a single-section mobile home; or
b) $12,500 to $20,000 for a multi-section mobile home. (Sec. 1, 2)

2. Removes, as a qualifier to be eligible to receive relocation expenses from the Fund due to
an increase in rent, the requirement:
a) that the tenant's contract to move the mobile home state by a specified date; and
b) to have moved the mobile home within 45 days after the date of the rent increase.
(Sec. 1)

3. Removes, as a qualifier to be eligible to receive relocation expenses from the Fund due to
a change in the age-restricted com, the requirement:

C] Prop 105 (45 votes) OC Prop 108 (40 votes) O Emergency (40 votes) [ Fiscal Note

HB 2316
Initials PB Page 1 Commerce

Attachment 3
a) that the tenant's contract to move the mobile home or manufactured home state by a
specified date; and

b) to have moved the mobile home or manufactured home within 45 days after notice
from the Director approving payment of relocation expenses. (Sec. 2)

4. Increase the percentage amount, from 25% to 40%, of the maximum allowable moving
expense that a tenant may receive from the Fund for relocation expenses due to an
increase in rent who alternatively abandons the mobile home. (Sec. 1)

5. Asserts no building code or local enforcement agency can require the owner of a mobile
home park to correct a violation that is found in or on a mobile home. (Sec. 3)

6. Stipulates the mobile home's owner must be cited if a violation is found in or on a mobile
home in a mobile home park. (Sec. 3)

HB 2316
Initials PB Page 2 Commerce
mo ON DTD oO FP WO DY KF

Me MH DY YF YFP BP BP ee Be Be ee Be BE
yo F CO Bb ON DO oT BR WH FY CO

Fifty-sixth Legislature Commerce
Second Regular Session H.B. 2316

PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2316
(Reference to printed bill)

Strike everything after the enacting clause and insert:

"Section 1. Section 33-1476.04, Arizona Revised Statutes, is amended

to read:

33-1476.04. Relocations due to rent increase; mobile home

relocation fund; applicability

A. A tenant is eligible for payment from the mobile home relocation
fund if all of the following conditions are met:

1. The tenant resides in a mobile home that is owned by the tenant
and that is located in a mobile home park.

2. A rent increase will be effective at the expiration or renewal of
the tenant's rental agreement.

3. The rent increase either singly or in combination during any
consecutive twelve-month period is more than a total of ten percent plus
the current increase in the consumer price index over the most recent
one-year period before the date of the notice of the rent increase. For
the purposes of this paragraph, “consumer price index" means the “west-A"
index that is published by the United States department of labor, bureau of
labor statistics, and that demonstrates changes in prices in certain cities
in the western United States.

B. A landlord who increases rent as prescribed by subsection A of
this section shall give written notice of the applicability of this section

to all affected tenants.

Attachment ism

os DD > WwW my

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31

House Amendments to H.B. 2316

C. A tenant is eligible to receive relocation expenses pursuant to
subsection A of this section as follows:

1. At least thirty days before the effective date of the rent
increase that exceeds the limits prescribed by subsection A of this
section, the tenant shall submit a contract for relocation of the mobile
home to the director for approval and to the landlord.

2. Before the effective date of the rent increase, the tenant shall
have a fully signed contract with a licensed installer or contractor to
move the mobile home to a specific location by~a—spectftc—date—ancd most
4 tot writtrinr—f -_

4 1 fw ra at ot ts
ag?Tver Che CFTeCurve Udtle Ut LHe Fermu tit redasc,

3. The director shall approve or disapprove the contract submitted
within fifteen days after receipt of the contract, and the contract is
deemed to be approved on the sixteenth day if the director takes no action.

4, If the contract is approved, the payment of relocation expenses
shall be made to the installer or contractor when both of the following are
complete:

(a) The installer or contractor obtains valid permits to move the
mobile or manufactured home to a new location.

(b) The installer or contractor provides documentation to the
department that the installation of the mobile or manufactured home at the
new location is complete and has been inspected by the department or its
designee and is approved for occupancy.

5. If the contract is not approved, the tenant may appeal to an
administrative law judge pursuant to title 41, chapter 37, article 5. The
tenant shall provide notice pursuant to section 33-1451, subsection A,
paragraph 6 if the tenant relocates.

6. On approval, the tenant is eligible for the lesser of the actual
moving expenses of relocating the mobile home or vseven—thousant—ftve
homdred—dottars $12,500 for a single-section mobile home or twetve-ttousend
Fivehundred-dottars $20,000 for a multisection mobile home. Compensable

-2-
on ODO OT Re WD NO OR

WD OW PR RM RM RO PM PR PM DM DDR ri pet
rF Oo Ob ON DTD OO Be WO MY K§ CO DO DO ss BD HO SB WH DH KF CO Ww

House Amendments to H.B. 2316

moving expenses include the cost of taking down, moving and setting up the
mobile home in the new location if the mobile home is relocated to a
residential location within a one hundred-mile radius of the vacated mobile
home park.

D. As an alternative to receiving payment as _ prescribed in
subsection C of this section, a tenant who is eligible to receive payment
pursuant to subsection A of this section may abandon the mobile home in the
mobile home park and collect an amount equal to ume~fourth FORTY PERCENT of
the maximum allowable moving expense for that mobile home from the mobile
home relocation fund. To qualify for an abandonment payment pursuant to
this subsection, the tenant shall deliver to the landiord the current title
to the mobile home with the notarized endorsement of the owner of record
together with complete releases of all liens that are shown on the title
and proof that all taxes owing on the mobile home have been paid to date.
The tenant shall provide a copy of these documents to the Arizona
department of housing in support of the tenant's application for payment.
If the tenant chooses to abandon the mobile home pursuant to this
subsection, the landlord is exempt from making the payments to the fund
prescribed in section 33-1476.01, subsection D.

E. This section does not apply to rent increases that are prescribed
in a written rental agreement.

F. This section does not make any rent increase unreasonable.

Sec. 2. Section 33-1476.05, Arizona Revised Statutes, is amended to
read:

33-1476.05. Relocations due to change in age-restricted

community use; payment from _ mobile home

relocation fund: applicability

A. The landlord shall notify the director and all tenants in writing
of a change in use at least sixty days before a change in the
age-restricted community to an all-age community use as defined by the

housing for older persons act of 1995.

-3-
aon SD oO FSF WO HS PF

CO W DM PR PM PM M MW PM PM PO PR RM RR BR rR; eS Ke
eK Oo ODO ON DO TO ee WD DBD FP DOD HB BN DBD Oo FP WLW TY KF |CO Ww

House Amendments to H.B. 2316

B. A tenant is eligible for payment from the mobile home relocation
fund if both of the following conditions are met:

1. The tenant resides in a mobile home or manufactured home that is
owned by the tenant and that is located in an age-restricted mobile home
park.

2. The landlord implements a change from an age-restricted community
to an all-age community as defined by the housing for older persons act of
1995,

C. A landlord who changes a mobile home park designation from an
age-restricted community shall give written notice of the applicability of
this section to all affected tenants.

BD. A tenant is eligible to receive relocation expenses pursuant to
subsection B of this section as follows:

1. Within one hundred eighty days after the effective date of
notification of the change in the age-restricted community's use, the
tenant shall submit a contract for relocation of the mobile or manufactured
home to the director for approval and to the landlord.

2. After notice of approval by the director for the payment of
relocation expenses, the tenant shall have a fully signed contract with a
licensed installer or contractor to move the mobile or manufactured home to
a specific location by~a~spectttc—cdate—ancd most theve nove themobtteor

earct ; efor fy es
- , + . tor.

3. The director shall approve or disapprove the contract submitted
within fifteen days after receipt of the contract, and the contract is
deemed to be approved on the sixteenth day if the director takes no action.

4, If the contract is approved, the payment of relocation expenses
shall be made to the installer or contractor when both of the following are
complete:

(a) The installer or contractor obtains valid permits to move the

mobile or manufactured home to a new location.

-4-
on TD AT Pe WY Mw fF

11
12
13
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15
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17
18
19
20
21
22
23
24
25
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28
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House Amendments to H.B. 2316

(b) The installer or contractor provides documentation to the
department that the installation of the mobile or manufactured home at the
new location is complete and has been inspected by the department or its
designee and is approved for occupancy.

5. If the contract is not approved, the tenant may appeal to an
administrative law judge pursuant to title 41, chapter 37, article 5. The
tenant shall provide notice pursuant to section 33-1451, subsection A,
paragraph 6 if the tenant relocates.

6. On approval, the tenant is eligible for the lesser of the actual
moving expenses of relocating the mobile home or seven—tthousand—ftve
tomtredtottars $12,500 for a single-section mobile home or twetve~tthousand
fivechondred otters $20,000 for a multisection mobile home. Compensable
moving expenses include the cost of taking down, moving and setting up the
mobile home in the new location if the mobile home is relocated to another
age-restricted community within a one hundred-mile radius of the vacated
mobile home park.

E, The landlord shall not be responsible for making any payment into
the mobile home relocation fund for any mobile or manufactured home moved
pursuant to this section.

Sec. 3. Section 41-4006, Arizona Revised Statutes, is amended to
read:

41-4006. Preemption of local building codes: responsibility

for maintenance of utility connections

A. No building code or local enforcement agency or its adopted
building codes may require, as a condition of entry into or sale in any
county or municipality, that any unit that has been certified pursuant to
this chapter be subjected to any local enforcement inspection to determine
compliance with any standard covering any aspect of the unit that is
inspected pursuant to this article.

B. Except where a local enforcement agency participates in the

office permit and certificate issuance program for the installation of

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House Amendments to H.B. 2316

manufactured homes, mobile homes, factory-built buildings and accessory
structures and inspection of such installations, no local enforcement
agency shall subject any unit installed to any local inspections or charge
a fee for any services provided pursuant to this article.

C. A local enforcement agency in any county or municipality shall
recognize the minimum standards of the act as equal to any nationally
accepted or locally adopted building code standard.

D. Nothing in subsection A, B or C of this section shall prevent the
application of local codes and ordinances governing zoning requirements,
fire zones, building setback, maximum area and fire separation
requirements, site development and property line requirements = and
requirements for on-site utility terminals for factory-built buildings,
manufactured homes and mobile homes.

E. Notwithstanding any other provision of this section, the owner of
a manufactured home or mobile home located in a park subject to title 33,
chapter 11 is responsible for the maintenance of utility connections from
any outlets furnished by the landtord pursuant to section 33-1434 to the
unit, except that the landlord is responsible for the maintenance of
connections for any distance greater than twenty-five feet to the point at
which the utility connections are the property of the providing utility
company if the outlet is located outside the lot line of the owner's unit
and is more than twenty-five feet from the unit. A local enforcement
agency that determines that local code requirements are not being met or
that maintenance or safety activities are needed for utility connections
may not require anyone except the responsible party to perform or pay for
such activities.

F, NO BUILDING CODE OR LOCAL ENFORCEMENT AGENCY OR ITS ADOPTED
BUILDING CODES MAY REQUIRE THE OWNER OF A MOBILE HOME PARK, AS DEFINED IN
SECTION 33-1409, IF A VIOLATION IS FOUND IN OR ON A MOBILE HOME, TO CORRECT
SUCH VIOLATION. IF A VIOLATION IS FOUND IN OR ON A MOBILE HOME IN A MOBILE
HOME PARK AS THOSE TERMS ARE DEFINED IN SECTION 33-1409, THE MOBILE HONE’S

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House Amendments to H.B. 2316

1 OWNER AS SHOWN IN THE RECORDS OF THE ARIZONA MOTOR VEHICLE DIVISION MUST BE
2 CITED FOR THE VIOLATION, AND NOT THE MOBILE HOME PARK LANDLORD.”

3 Amend title to conform

MATT GRESS

2316GRESS SE.docx
01/29/2024

04:36 PM

H: PB/Is
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature - Second Regular Session

ROLL CALL VOTE

COMMITTEE ON Commerce BILL NO. HB 2316
rs —
DATE February 06, 2024 MOTION: )P A Ks tc

PASS AYE NAY PRESENT | ABSENT

Aguilar

NN

Austin
Carter

Gress ‘

Heap

Ns

Hendrix
Hernandez M VA

Ortiz /

Carbone, Vice-Chairman

Wilmeth, Chairman

SNS

3 O |
ALA fun Meo lia

/ COMMITTEE SECRETARY

APPROVED:

JUST! ILMETH, Chairman
MICHA ARBONE, Vice-Chairman
ATTACHMENT 33

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