Title 49 — The Environment

A. Water quality bonds may be issued to provide financial assistance, to provide matching state monies for the clean water revolving fund and the drinking water revolving fund, to increase the capitalization of the clean water revolving fund and to increase the capitalization of …

Bonds issued under this article are obligations of the water infrastructure finance authority of Arizona, are payable only according to their terms and are not obligations general, special or otherwise of this state. The bonds do not constitute a legal debt of this state and are …

The board may submit any water quality bonds issued under this article to the attorney general after all proceedings for their authorization have been completed. On submission the attorney general shall examine and pass on the validity of the bonds and the regularity of the proce…

Water quality bonds issued under this article are securities in which public officers and bodies of this state and of municipalities and political subdivisions of this state, all companies, associations and other persons carrying on an insurance business, all financial institutio…

This state pledges to and agrees with the holders of the bonds that this state will not limit or alter the rights vested in the water infrastructure finance authority of Arizona or any successor agency to collect the monies necessary to produce sufficient revenue to fulfill the t…

A. The hardship grant fund is established to be administered by the authority consisting of: 1. Monies received for that purpose from the United States government, including monies that are awarded to this state pursuant to title II of the clean water act and that are no longer o…

A. In compliance with any applicable requirements: 1. A political subdivision or Indian tribe may apply to the authority for and accept financial and technical assistance pursuant to section 49-1267, subsection C. To qualify for financial assistance pursuant to this section, the …

1. The term of the loan does not exceed one year. 2. The dollar amount of the loan does not exceed two hundred fifty thousand dollars for each borrower for each emergency event. 3. The purpose of the loan is to provide assistance for designing, redesigning, engineering, reenginee…

1. "Eligible entity" means any of the following: (a) A water provider that distributes or sells water outside of the boundaries of an initial active management area in which part of the central Arizona project aqueduct is located. (b) Any city, town, county, district, commission,…

1. Monies received from the issuance and sale of water supply development bonds under section 49-1278. 2. Monies appropriated by the legislature to the water supply development revolving fund. 3. Monies received for water supply development purposes from the United States governm…

A. The board shall administer the water supply development revolving fund. B. On notice from the board, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund. C. Monies and oth…

A. Monies in the water supply development revolving fund may be used for the following purposes: 1. Making loans to eligible entities in this state under section 49-1274 for water supply development projects within this state. A single loan shall not exceed $3,000,000. 2. Making …

B. The authority shall do all of the following: 1. Prescribe a simplified form and procedure to apply for and approve assistance. 2. Establish by rule criteria by which assistance will be awarded, including: (a) For any assistance: (i) A determination of the applicant's financial…

B. A loan under this section shall: 1. Be conditioned on establishing a dedicated revenue source for repaying the loan. 2. Be repaid in a period and on terms determined by the authority. C. The authority shall prescribe the rate of interest on loans made under this section, but t…

The attorney general may take actions necessary to enforce the loan contract and achieve repayment of loans provided by the authority pursuant to sections 49-1274 and 49-1275.

A. The authority may issue negotiable water supply development bonds in a principal amount necessary to provide sufficient monies for those projects approved under this article and including such items as maintaining sufficient reserves to secure the bonds, to pay the necessary c…

A. Water supply development bonds may be issued to provide financial assistance under this article and to increase the capitalization of the water supply development revolving fund to accomplish the purposes stated in section 49-1273. These bonds may be secured by any monies rece…

[Repealed or reserved.]

[Repealed or reserved.]

[Repealed or reserved.]

This state pledges to and agrees with the holders of the bonds that this state will not limit or alter the rights vested in the water infrastructure finance authority of Arizona or any successor agency to collect the monies necessary to produce sufficient revenue to fulfill the t…

In this article, unless the context otherwise requires: 1. "Eligible entity" means any of the following: (a) A water provider. (b) Any city, town, county, district, commission, authority or other public entity that is organized and that exists under the statutory law of this stat…

A. The long-term water augmentation fund is established to be maintained in perpetuity consisting of all of the following: 1. Monies received from the issuance and sale of long-term water augmentation bonds under section 49-1309. 2. Monies appropriated by the legislature to the f…

A. Monies and other assets in the long-term water augmentation fund may be used for the following purposes: 1. Funding water supply development projects that import water from outside the boundaries of this state. At least seventy-five percent of the monies in the fiscal years 20…

A. The authority shall determine the order and priority of water supply development projects proposed to be funded in whole or in part with monies from the long-term water augmentation fund, participation in projects to import water or allocation of imported water based on the fo…

[Repealed or reserved.]

A. The authority is regarded as performing a governmental function in carrying out the purposes of this article and is not required to pay taxes or assessments on any of the property acquired or constructed for these purposes or on the agreements of the authority pertaining to ma…

A. The authority shall consider applications for financial assistance from the long-term water augmentation fund in accordance with section 49-1304 and shall consider the recommendations of the long-term water augmentation committee established by section 49-1208. B. The authorit…

B. The authority shall: 1. Prescribe a simplified form and procedure to apply for and approve financial assistance. 2. Establish by rule criteria by which financial assistance will be awarded, including: (a) For any financial assistance: (i) A determination of the applicant's fin…

A. The authority, through the board, may issue negotiable long-term water augmentation bonds in a principal amount that, in its opinion, is necessary to do all of the following: 1. Provide sufficient monies for water supply development projects and financial assistance for water …

[Repealed or reserved.]

A. The board may submit any long-term water augmentation bonds issued under this article to the attorney general after all proceedings for their authorization have been completed. Within fifteen days after submission, the attorney general shall examine and pass on the validity of…

Long-term water augmentation bonds issued under this article are securities: 1. In which public officers and bodies of this state and of municipalities and political subdivisions of this state, all companies, associations and other persons carrying on an insurance business, all f…

A. This state pledges to and agrees with the holders of the long-term water augmentation bonds that this state will not limit or alter the rights vested in the authority or any successor agency to collect the monies necessary to produce sufficient revenue to fulfill the terms of …

1. Legislative appropriations. 2. Monies received for water conservation purposes from the United States government. 3. Interest and other income received from investing monies in the fund. 4. Gifts, grants and donations received for water conservation purposes from any public or…

1. Long-term reductions in water use. 2. Improvements in water use efficiency. 3. Improvements in water reliability. B. Monies in the water conservation grant fund may be used for the following: 1. Education and research programs on how to reduce water consumption, increase water…

B. The authority shall: 1. Prescribe a simplified form and procedure to apply for and approve assistance. 2. Establish by rule criteria that are consistent with this article by which assistance will be awarded. 3. Determine the order and priority of water conservation programs or…

The authority shall determine the order and priority of water conservation programs and projects proposed to be funded in whole or in part with monies from the water conservation grant fund based on the following, as applicable: 1. The extent to which the water conservation progr…

1. One member who represents a public water system that serves five hundred or more connections. 2. One member who represents a public water system that serves less than five hundred connections. 3. One member who represents a county with a population of five hundred thousand or …

In this chapter, unless the context otherwise requires: 1. "Actual harm" means damage, loss or injury. 2. "Audit report" means an audit report prescribed by section 49-1402. 3. "Environmental law" means a federal, state or local law, rule, regulation or ordinance, or a permit iss…

A. An audit report shall include each document and communication, other than those set forth in section 49-1406, that is created for an environmental audit to evaluate compliance with environmental laws. B. An audit report may include the following: 1. A report prepared by an aud…

A. Except as provided in sections 49-1404, 49-1405 and 49-1406, any part of an audit report is privileged and is not admissible as evidence or subject to discovery in any of the following: 1. A civil action, whether legal or equitable. 2. An administrative proceeding. B. When cal…

A. The privilege prescribed in section 49-1403 does not apply to the extent the privilege is expressly waived by the owner or operator who prepared the audit report or caused the report to be prepared. B. Disclosure of an audit report or any information generated by an environmen…

A. A court or administrative hearing official with competent jurisdiction may require disclosure of a portion of an audit report in a civil or administrative proceeding if the court or administrative hearing official determines after an in camera review consistent with the approp…

A. The privilege described in this chapter does not apply to: 1. A document, communication, datum or report or other information required by a regulatory agency to be collected, developed, maintained or reported under an environmental law. 2. Information obtained by observation, …

A. If an audit report is obtained, reviewed or used in a criminal proceeding, the administrative or civil evidentiary privilege established by this chapter is not waived or eliminated for any other purpose. B. Notwithstanding the privilege established by this chapter, a regulator…

[Repealed or reserved.]

In this chapter, unless the context otherwise requires, "natural gas storage facility" means a facility that is either underground or above ground with a capacity of at least five hundred thousand cubic feet and that is used primarily for the storage of natural gas, excluding liq…

A natural gas storage facility shall not be located within a county with a population of more than one million five hundred thousand persons, if the facility is located within nine miles of an active duty military air force base that has pilot training as its primary mission.

The provisions of this chapter are cumulative and supplemental and do not apply to a political subdivision that by ordinance or resolution has adopted provisions restricting natural gas storage facilities that are at least as stringent as the restrictions in this chapter.