Bill Text: AZ HB2596 | 2018 | Fifty-third Legislature 2nd Regular | Introduced
Bill Title: Property taxes; procedures; abatement
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-05-16 - Chapter 319 [HB2596 Detail]
Download: Arizona-2018-HB2596-Introduced.html
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REFERENCE TITLE: natural resource conservation districts; administration. |
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State of Arizona House of Representatives Fifty-third Legislature Second Regular Session 2018
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HB 2596 |
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Introduced by Representative Toma
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AN ACT
amending sections 37-1002, 37-1011, 37-1012, 37-1013, 37-1014, 37-1036, 37-1054, 37-1302, 45-2103, 45-2106 and 45-2113, Arizona Revised Statutes; appropriating monies; relating to natural resource conservation districts.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 37-1002, Arizona Revised Statutes, is amended to read:
37-1002. Definitions
In this chapter, unless the context otherwise requires:
1. "Agency of the state" includes the government of the state and any subdivision, agency or instrumentality, corporate or otherwise, of the state government.
2. 1. "Agricultural lands" means irrigated farm lands farmlands or dry farm lands farmlands that are devoted to the purpose of agriculture.
3. 2. "Commissioner" or "state natural resource conservation commissioner" means the state land commissioner forester.
4. 3. "Department" means the state land department Arizona department of forestry and fire management.
5. 4. "District" means a natural resource conservation district that is organized in accordance with the provisions of this chapter.
6. 5. "District cooperator" means any person who has entered into a cooperative agreement with a natural resource conservation district for the purpose of protecting, conserving and practicing wise use of the natural resources under his that person's control.
7. 6. "Due notice" means notice that is published at least twice with an interval of at least six days between the two publication dates, in a newspaper of general circulation within the area affected, or if there is no newspaper of general circulation within the area affected, in a newspaper of general circulation in the county in which the area is located.
8. 7. "Government" or "governmental" includes the government of the this state, the government of the United States, and any subdivision, agency or instrumentality, corporate or otherwise, of either of them.
9. 8. "Irrigation district" means an irrigation district, drainage district, water conservation district, or agricultural improvement district, and, in addition thereto, includes any district, political subdivision, government agency, canal company, association, corporation or instrumentality of the this state, having territorial boundaries and created or organized for the purpose of furnishing irrigation water for lands in the this state.
10. 9. "Landowner" or "owner of land" means any person, firm or corporation, including the this state, holding title to any land lying within a district organized or proposed to be organized under the provisions of this chapter, and includes a buyer on contract who is the occupant of land. For the purposes of this chapter, a holder of a certificate of purchase or lease from the state shall be considered the "landowner" or "owner of land" .
11. 10. "Nominating petition" means a petition to nominate candidates for the office of supervisor.
12. 11. "Petition" means a petition for the creation or for the dissolution of a district.
13. 12. "Qualified elector" means a person who is a district cooperator and a qualified elector of the this state.
14. 13. "Range lands Rangeland" means lands other than agricultural lands and that are devoted principally to the purpose of grazing livestock.
15. 14. "Supervisor" means a member of the governing body of a district, elected or appointed in accordance with the provisions of this chapter.
16. 15. "United States" or "agencies of the United States" includes the United States, the United States department of agriculture and any other agency or instrumentality, corporate or otherwise, of the United States.
Sec. 2. Section 37-1011, Arizona Revised Statutes, is amended to read:
37-1011. Division of natural resource conservation
For the purpose of administering this chapter, there shall be a division of the state land department which shall be known as the division of natural resource conservation is established in the Arizona department of forestry and fire management under the authority and direction of the state natural resource conservation commissioner.
Sec. 3. Section 37-1012, Arizona Revised Statutes, is amended to read:
37-1012. State natural resource conservation commissioner
A. The state land commissioner shall be forester is the state natural resource conservation commissioner. He and shall serve as such without additional compensation.
B. The commissioner may appoint an administrative officer of the division of natural resource conservation, a secretary and such other assistants as may be required, assign their duties, define their powers and determine the amount of bond required of any assistant entrusted with funds or property. The compensation of all such assistants shall be as determined pursuant to section 38‑611.
C. The commissioner shall adopt a seal, which shall be judicially noticed, and shall hold such public hearings, provide for the keeping of a record of all proceedings and annual records of district operations, promulgate such adopt orders, and rules and regulations and perform such other acts as are necessary to carry out the provisions of this chapter.
Sec. 4. Section 37-1013, Arizona Revised Statutes, is amended to read:
37-1013. Powers and duties of commissioner
A. The state natural resource conservation commissioner shall:
1. Offer appropriate assistance to the supervisors of districts in carrying out their powers and programs.
2. Keep the supervisors of each district informed of the activities and experiences of other districts, and facilitate cooperation and interchange of advice and experience between districts.
3. Coordinate the programs of the several districts insofar as possible by advice and consultation.
4. Require the supervisors of each district to file with the commissioner annually any audits and the records of the operations of the district for the preceding year in the form and detail as the commissioner prescribes.
5. Secure the cooperation and assistance of the United States, its agencies and agencies of this state, in the work of districts as local units of state government with special expertise concerning land, soil, water and natural resources management within the boundaries of the district, as the commissioner deems for the best interest of the state.
6. Disseminate information throughout the state concerning the activities and program of districts.
7. Provide staff support to the Arizona water protection fund commission established by title 45, chapter 12 and provide administrative assistance to natural resource conservation districts for compliance with the duties for districts pursuant to title 45, chapter 12.
8. Publicly recognize water conservation measures or water conservation projects in this state, including watershed improvement or protection programs.
9. Promote to the public this state's water-related advancements and their effect on watersheds, forest health, multiple uses and stormwater runoff protection programs.
B. The commissioner may remove a district supervisor from office if the commissioner determines, after reasonable notice and an impartial hearing, that the supervisor is guilty of misfeasance, malfeasance or nonfeasance in office. For the purposes of this subsection, "nonfeasance" includes the failure to attend three consecutive meetings of district supervisors without reasonable excuse.
Sec. 5. Section 37-1014, Arizona Revised Statutes, is amended to read:
37-1014. State financial assistance; application; criteria
A. The commissioner shall include in the annual state land department budget request a sum of not more than forty thousand dollars for each district and sixty thousand dollars for each education center for distribution by the commissioner to those natural resource conservation districts that have applied for, have met the criteria for and have been approved for receiving state financial assistance, as provided in this section.
B. Any district or education center desiring to receive state financial assistance for the next ensuing fiscal year shall apply to the commissioner not later than June 20, on a form supplied by the division of natural resource conservation. Each application shall include:
1. The number of acres of land lying within the district.
2. The extent of conservation programs or education center programs proposed to be undertaken during the fiscal year for which the financial assistance is being requested.
3. Any audits that are requested by the commissioner.
C. On receipt of the application, the commissioner shall determine whether or not such funds monies for the district or education center will be included in the budget request for the state land department and shall promptly notify the district or education center of that determination.
Sec. 6. Section 37-1036, Arizona Revised Statutes, is amended to read:
37-1036. Proceedings to organize district; certificate of organization
A. A district shall be organized and shall be a body corporate upon on taking the following steps:
1. The supervisors elected as provided in section 37‑1035 shall present to the secretary of state an application, signed and acknowledged by each supervisor, setting forth:
(a) That a petition for the creation of the district was approved by the commissioner pursuant to the provisions of this chapter.
(b) The name and official residence of each supervisor, and a certified copy of their notification of election.
(c) The name proposed for the district.
(d) The location of the proposed office of the supervisors of the district.
2. The application shall be accompanied by a certificate of the commissioner which shall set setting forth:
(a) The boundaries of the district as determined by him the commissioner.
(b) That a petition was filed, notice was issued and a hearing was held as prescribed by law.
(c) That for a district to function in the proposed territory was determined by the commissioner to be in the public interest.
(d) That notice was given and a referendum on the question of the creation of the district and an election of supervisors were held.
(e) That the results of the referendum showed not less than sixty‑five per cent percent of the votes cast, representing not less than fifty per cent percent of the owners of land, to be in favor of the creation of the district.
(f) That the supervisors signing the application are the duly elected supervisors of the district.
3. The secretary of state shall examine the application and statement and, if he the secretary of state finds that the name proposed for the district is not identical with or so similar to that of any other district as to lead to confusion, he the secretary of state shall record them. If the name proposed is identical with or so similar to another district as to lead to confusion, he the secretary of state shall certify that fact to the commissioner, who shall submit another name. Upon On receipt of a new name, free from defects, the secretary of state shall record the application and statement.
B. The secretary of state shall issue to the supervisors a certificate, under the seal of the state, certifying the organization of the district, and shall record the certificate with the application and statement. The district shall include includes the territory as determined by the commissioner, but it shall does not include any area within the boundaries of another district, nor shall it and does not include any area, land or property of or lands held under certificate of purchase or lease from the this state by any person or persons, which if the area, land, property or leaseholds lie within the geographical limits of such a district but the owners or holders of certificates of purchase or lessees of which do not desire to come within join the district.
C. In any action or proceeding involving the validity or enforcement of, or relating to, any contract, proceeding or action of the district, the district shall be is deemed to have been be established in accordance with the provisions of this chapter upon on proof of the issuance of the certificate of organization by the secretary of state. A copy of the certificate certified by the secretary of state shall be is admissible in evidence in any action or proceeding, and shall be is proof of the filing and contents thereof. In like manner, any district combined, and consolidated with an adjacent district or districts, and reorganized and renamed prior to the date of this section shall be before June 20, 1968 is deemed to have been be established upon on proof of certifications and official maps filed with the secretary of state by the division of natural resource conservation of the state land department.
D. The commissioner shall appoint two supervisors from a panel of candidates compiled by the elected supervisors and presented by the temporary chairman of the elected supervisors. Candidates for the office of appointed supervisors shall be qualified electors of the state. Appointed supervisors shall continue to serve until May 31 of the next even‑numbered year or until their successors are otherwise appointed.
Sec. 7. Section 37-1054, Arizona Revised Statutes, is amended to read:
37-1054. Powers of district
A. This state recognizes the special expertise of the districts in the fields of land, soil, water and natural resources management within the boundaries of the district. A district is empowered to:
1. Conduct surveys, investigations and research relating to the character of the soil, soil erosion prevention within a farm or ranch, methods of cultivation, farm and range practices, seeding, eradication of noxious growths and any other measures that will aid farm and range operations, disseminate information pertaining thereto, and carry on research programs with or without the cooperation of this state or its agencies or the United States or its agencies.
2. Conduct demonstration projects within the district on lands owned or controlled by the state or any of its agencies with the consent and cooperation of the agency having jurisdiction of the land, and on any other lands within the district on obtaining the consent of the landowner or the necessary rights or interests in the land, in order to demonstrate by example the means, methods and measures by which water, soil and soil resources may be conserved and soil erosion and soil washing may be prevented and controlled.
3. Cooperate and enter into agreements with a landowner, an operator or any agency or subdivision of the state or federal government to carry on programs of watershed improvement, soil erosion prevention, methods of cultivation, cropping practices, land leveling and improvement on agricultural lands, and programs limited to methods of proper range use, reseeding and the eradication of noxious growth on grazing lands, all within the limits of an individual farm or ranch and subject to the conditions the supervisors deem necessary.
4. Acquire, by purchase, exchange, lease or otherwise, any property, real or personal, or rights or interest in any property, maintain, administer and improve any properties acquired, receive income from any property or right or interest in property and expend it in carrying out the purposes of this chapter, and sell, lease or otherwise dispose of any property or interest in property in furtherance of the purposes of this chapter.
5. Make available, on the terms it prescribes to landowners within the district, agricultural and engineering machinery and equipment, fertilizer, seed and other material or equipment as will assist the landowners to carry on operations on their lands for the purposes and programs authorized by this chapter.
6. Develop, publish and bring to the attention of landowners within the district comprehensive plans for the conservation of soil and water resources within the district that specify in such detail as may be feasible the acts, procedures, performances and avoidances necessary or desirable for the effectuation of the plans.
7. Apply for, receive and spend monies from the Arizona water protection fund pursuant to title 45, chapter 12 to be used in individual districts or in cooperation with other districts, persons, cities, towns, counties, special districts and Indian communities for projects consistent with title 45, chapter 12.
8. Employ agents, engineers, attorneys or other employees not readily available from existing state agencies.
9. Sue and be sued in the name of the district, have a seal, which shall be judicially noticed, have perpetual succession unless terminated as provided in this chapter, make and execute contracts and other instruments necessary or convenient to the exercise of its powers and make, amend and repeal rules not inconsistent with this chapter to carry into effect its purposes and powers.
10. Accept donations, gifts and contributions in money, services, materials or otherwise, and use or expend them in carrying on its operations.
11. Organize and establish an education center to increase the knowledge of natural resources in this state through the following methods:
(a) Offering technical guidance and training to agricultural producers.
(b) Publishing scholarly materials.
(c) Providing educational and training opportunities, both inside and outside of the district.
(d) Conducting or sponsoring scientific studies that affect natural resources in this state.
B. A provision of law with respect to the acquisition, operation or disposition of property by other public bodies shall not be applicable to a district organized under this chapter unless specifically stated therein.
C. After the formation of any district under this chapter, all participation thereunder shall be voluntary, notwithstanding any provision of this chapter to the contrary.
D. A district may send to the Arizona water protection fund commission established by title 45, chapter 12 written recommendations for geographic areas to be emphasized, issues of concern and measures to implement title 45, chapter 12. A district that sends written recommendations to the commission shall request information from at least the following:
1. The director of the department of water resources, the state forester and the state land commissioner.
2. The federal and state fish, wildlife, recreation and natural resource agencies.
3. County and municipal entities.
4. The public.
E. The district shall develop procedures to ensure adequate participation in the public involvement process prescribed by subsection D of this section.
Sec. 8. Section 37-1302, Arizona Revised Statutes, is amended to read:
37-1302. Powers and duties of state forester; rules; legislative presentation; acceptance of federal law
A. The state forester is designated as the agent of the this state of Arizona and shall administer this chapter. The state forester shall:
1. Exercise and perform all powers and duties vested in or imposed on the Arizona department of forestry and fire management.
2. Adopt rules necessary to discharge the powers and duties of the Arizona department of forestry and fire management, including rules that create efficiencies, protect the public health and safety and prescribe budgetary obligations.
3. Subject to title 41, chapter 4, article 4, appoint an assistant director to the office of the state fire marshal, a state fire training officer and a state fire resource coordinator, all of whom serve at the pleasure of the state forester.
4. Subject to title 41, chapter 4, article 4, employ, determine the terms and conditions of employment of and prescribe the duties and powers of administrative, professional, technical, secretarial, clerical and other persons as may be necessary in the performance of the Arizona department of forestry and fire management's duties. The compensation of department employees shall be as determined pursuant to section 38‑611.
5. Contract for the services of outside advisors, consultants and aides as may be reasonably necessary.
6. Perform all management and administrative functions assigned or delegated to this state by the United States relating to forestry and financial assistance and grants relating to forestry.
7. Identify sources of information relating to forest management, including wildfire prevention, mitigation, suppression and recovery and administrative and judicial appeals and litigation with respect to timber sales and forest thinning projects in this state, and develop procedures for compiling and distributing that information.
8. Take necessary action to maximize state fire assistance grants, including establishing timelines for using grant monies and reallocating lapsed grant monies to other projects.
9. Conduct education and outreach in forest communities by explaining the wildfire threat to private property caused by the lack of timber harvesting, forest thinning, land management and watershed protection and enhancement.
10. Monitor and conduct forestry projects and wildfire prevention, mitigation and suppression activities.
11. Assist in the development of the forestry products industry in this state.
12. Intervene on behalf of this state and its citizens in administrative and judicial appeals and litigation that challenge governmental efforts supported by the state forester if the state forester determines that intervention is in the best interests of this state.
13. Annually develop and implement a comprehensive statewide wildfire response plan for the deployment of state, county, municipal, fire district, volunteer fire association and private fire service provider contract resources to wildfire suppression activities. The statewide wildfire response plan shall take into account anticipated fire conditions and fire severity and may include prepositioning resources as necessary. The state forester shall consult with federal land management firefighting agencies, state and county emergency agencies, municipal fire departments, fire districts, statewide fire district and statewide fire chiefs associations, volunteer fire departments and private fire contractors in the development of the comprehensive statewide wildfire response plan, the implementation of standards for training and certification for all classes of wildland fire and hazard personnel and the implementation of standards for wildland fire apparatus and equipment that are deployed under cooperative agreements with the state forester.
14. Provide necessary oversight to ensure standardized training and certification for all classifications of firefighters to be deployed to any incident.
15. Develop recommendations for minimum standards for safeguarding life and property from wildland fires and fire hazards, preventing wildland fires and alleviating fire hazards.
16. Develop recommendations for minimum standards for the storage, sale, distribution and use of dangerous chemicals, combustibles, flammable liquids, explosives and radioactive materials in wildland‑urban interface areas.
17. Consult with the department of public safety, the department of emergency and military affairs and local governments regarding the establishment of fire evacuation routes and community alert systems.
18. Make recommendations for minimum standards for the creation of defensible spaces in and around wildland-urban interface areas as authorized by existing county and municipal laws and ordinances.
19. Serve as the state natural resource conservation commissioner pursuant to section 37-1012.
B. During the first regular session of each legislature, the state forester shall present information to the legislative committees with jurisdiction over forestry issues. The state forester shall collaborate with, and invite the participation of, relevant state, federal and local governmental officers and agencies. A written report is not required, but the presentation shall include information concerning:
1. Forestry management, including the current conditions of the forests in this state on federal, state and private property as affected by federal, state and local public policies, climatic conditions, wildfire hazards, pest infestations, overgrowth and overgrowth control policies and methods and the effects of current federal policy on forest management and impacts on forest land management.
2. The wildland‑urban interface, including the effects of county and municipal zoning policies and wildfire hazards on public and private property.
3. Wildfire emergency management and all hazard response issues, including:
(a) Intergovernmental and interagency primacy, cooperation, coordination, roles and training of federal, state and local forestry, firefighting and law enforcement agencies.
(b) Channels and methods of communicating emergency information to the public.
(c) The roles of governmental and nongovernmental disaster relief agencies and organizations.
(d) The level of federal, state and local emergency funding.
C. The state forester may:
1. Furnish technical advice to the people of this state on forestry and land management matters.
2. Do all other acts necessary to take advantage of and carry out the provisions of the act of Congress described in subsection D of this section.
D. This state accepts the provisions of the cooperative forestry assistance act of 1978 (P.L. 95‑313; 92 Stat. 365; 16 United States Code chapter 41) providing for federal forestry assistance programs to states.
Sec. 9. Section 45-2103, Arizona Revised Statutes, is amended to read:
45-2103. Arizona water protection fund commission
A. The Arizona water protection fund commission is established and consists of two ex officio members, two advisory members and nine appointed members who are residents of this state, who have demonstrated an interest in natural resources and who are appointed as follows:
1. One person who represents a multi‑county water conservation district established pursuant to title 48, chapter 22 and named by that district's governing board.
2. One person who represents a state association of natural resource conservation districts and who is appointed by the governor.
3. Four persons who represent natural resource conservation districts established pursuant to title 37, chapter 6, and who represent geographically diverse areas of this state, two of whom shall be appointed by the president of the senate and two of whom are appointed by the speaker of the house of representatives.
4. One member of the public who has at least a bachelor's degree in hydrology, who represents a city that is served by the central Arizona project and who is appointed by the governor.
5. One person who is knowledgeable in natural resource conservation issues or in water resource issues related to riparian ecosystems, who represents an agricultural improvement district established pursuant to title 48, chapter 17 and who is appointed by the governor.
6. One person who represents an Indian tribe and who is appointed by the chairman of the intertribal inter tribal council of Arizona.
7. As nonvoting ex officio members, the director of the department of water resources, the state forester and the state land commissioner.
8. As nonvoting advisory members, one member of the house of representatives who is appointed by the speaker of the house of representatives and one member of the senate who is appointed by the president of the senate. Advisory members may not be considered for purposes of establishing a quorum.
B. Members of the commission appointed pursuant to subsection A, paragraphs 1 through 6 of this section shall be appointed for staggered terms of three years. A member may serve more than one term and may continue to serve beyond the expiration of the term until a successor is appointed and assumes office.
C. On request, members who are not ex officio members of the commission are eligible to receive compensation pursuant to section 38‑611, not to exceed three thousand dollars in any calendar year, and are eligible for reimbursement for expenses pursuant to title 38, chapter 4, article 2.
D. Members of the commission are immune from liability for any action necessary to carry out the purposes of this chapter.
Sec. 10. Section 45-2106, Arizona Revised Statutes, is amended to read:
45-2106. Public involvement
A. The commission is subject to the provisions of title 38, chapter 3, article 3.1 and title 39, chapter 1.
B. The commission shall develop and may amend the guidelines for applicants required by section 45‑2105 after reviewing the recommendations submitted by the natural resource conservation districts developed pursuant to section 37‑1054, subsections D and E and the information gathered during the public involvement process.
C. The commission shall gather information from the following:
1. The director of the department of water resources, the state forester and the state land commissioner.
2. The federal and state fish, wildlife, recreation and natural resource agencies.
3. County and municipal entities.
4. The public.
D. The commission shall develop procedures to assure ensure adequate public participation. At a minimum, public participation procedures shall prescribe public notice requirements including the content and publication of the notice, provide an opportunity for public hearings and specify the procedures governing the hearings and require the public availability of relevant documents. Public hearings shall be held at places and times which that afford a reasonable opportunity to persons to participate.
E. The commission shall make available for viewing copies of the recommendations and supporting documents submitted pursuant to this section and may charge a reasonable fee for copying.
Sec. 11. Section 45-2113, Arizona Revised Statutes, is amended to read:
45-2113. Fund grants; applications
A. The commission shall grant monies from the fund consistent with the application guidelines developed pursuant to section 45‑2105. The commission shall establish a procedure by which monies may be granted annually which shall include that includes a maximum of six months between the receipt of the proposal by the commission and the disbursement of monies. The commission shall give priority in funding to the following:
1. Projects for which matching monies or assets of comparable value, including in-kind contributions, will be provided by other sources.
2. Projects that provide for the continued maintenance of the portion of the river and stream and associated riparian habitat that are enhanced by the project.
3. Projects that include broad based broad-based local involvement.
4. Projects that directly benefit perennial or intermittent rivers or streams or that otherwise increase the supply of water.
B. The commission shall require as a condition of approval of any proposal all of the following provisions:
1. Allowing access for inspection and evaluation of the project.
2. Controlling the expenditure of and accounting for any monies granted by the commission
3. Requiring that those persons responsible for the project submit all pertinent information and research gained from the project to the commission.
4. Requiring that any person receiving a grant spend no more than five percent of the grant on costs of administration.
C. The commission shall provide for public involvement regarding the applications submitted to the commission, which shall include notice to any person who requests notice of applications and which shall provide a reasonable opportunity for comment on the application which shall that is not be less than forty‑five days.
D. On receipt of an application the commission shall notify cities, towns, counties, natural resource conservation districts, special districts and Indian communities affected by the proposal and shall provide a reasonable opportunity for comment on the application which shall that is not be less than forty‑five days.
E. Any person, state agency or political subdivision of this state may submit a request for funding from the fund for purposes prescribed by this section. A federal agency is not eligible for funding from the fund. Requests for funding shall be made to the commission. Requests for funding submitted to the commission may be accompanied by expressions of support from affected cities, towns, counties, natural resource conservation districts, special districts or Indian communities.
F. As a condition of approval by the commission, the applicant shall commit to work jointly with the affected cities, towns, counties, natural resource conservation districts, special districts and Indian communities that have contacted the commission pursuant to subsection D of this section on all aspects of the proposal's implementation and monitoring, unless the jurisdiction chooses not to participate.
G. Monies in the fund may only be spent to finance programs located in this state.
H. Monies in the fund may be spent for any of the following:
1. Granting monies to entities for the acquisition of central Arizona project water or effluent that will protect or restore rivers or streams consistent with state water law. No An entity may not exercise the right of eminent domain to acquire water or water rights using monies derived from this fund.
2. Granting monies to assist in developing, promoting and implementing water conservation programs, that are directly related to the purposes of this chapter, outside of the active management areas.
3. Granting monies in support of research and data collection, compilation and analysis that are directly related to the purposes of this chapter, except that no more than five percent of the monies deposited in the fund in any fiscal year may be spent for this purpose. Before the approval of any such project, the commission shall consult with the department of water resources, the Arizona department of forestry and fire management and the state land department to determine whether any research of a similar nature has been or is in the process of being performed and is already available. The commission shall not approve a proposal if either department determines that sufficient data exists and notifies the commission in writing.
4. Granting monies for the development and implementation of capital projects or specific measures consistent with the purposes of this chapter.
I. Monies in the fund may not be spent for:
1. Any project that includes the planting of mesquite, tamarisk or other nonnative high water usage trees that consume water to a degree that is detrimental to water conservation efforts, but may be used for removal of mesquite, tamarisk or other nonnative high water usage trees that consume water to a degree that is detrimental to water conservation efforts.
2. Any remedial action purposes undertaken pursuant to the comprehensive environmental response, compensation, and liability act of 1980, as amended (P.L. 96‑510; 94 Stat. 2767; 42 United States Code section 9601) or title 49, chapter 2, article 5.
Sec. 12. Transfer; effect; succession
A. All matters, including contracts, orders and judicial or quasi‑judicial actions, whether completed or pending, of the state land department relating to natural resource conservation districts are transferred, on the effective date of this act, and maintain the same status with the Arizona department of forestry and fire management.
B. Rules adopted by the state land department relating to natural resource conservation districts are effective until superseded by rules adopted by the Arizona department of forestry and fire management.
C. All personnel, property and records, all data and investigative findings, all obligations and all appropriated monies remaining unspent and unencumbered of the state land department relating to natural resource conservation districts are transferred to the Arizona department of forestry and fire management and may be used for the purposes of this act.
Sec. 13. Effective date
This act is effective from and after _________, 2019.
