ARIZONA STATE SENATE
Phoenix, Arizona
military airports;
school construction; expansion
Prohibits a school district governing board from constructing any new school building or expanding a school building located in territory in the vicinity of a military airport.
Arizona statute addresses concerns of residential encroachment around Arizona’s military airports by requiring all political subdivisions in the vicinity of a military airport to adopt land use plans and adopt and enforce zoning regulations that assure development compatible with the high noise and accident potential generated by military airport operations.
Legislation adopted in 2001 increased notification requirements of proposed developments in the vicinity of military airports, including requirements for notification by the School Facilities Board when there is a proposal for construction of new school facilities in the vicinity of a military airport (Laws 2001, S.B. 1525, Chapter 23). Following passage of the legislation, a legal opinion was issued by the Attorney General’s Office finding the following: “S.B. 1525 does not preclude the construction of new schools near a high noise or accident potential zone or the operation, improvement, or expansion of existing schools either in, or near, a high noise or accident potential zone” (AG Opinion, July 20, 2001). The legislation also does not impose any new civil liability for the operation or expansion of an existing school in or near high noise or accident potential zones, according to the AG Opinion.
As a result, S.B. 1108 removes the School Facilities Board notification requirements as adopted in the 2001 legislation for consideration of comments and analysis concerning compatibility with school developments near military airports. S.B. 1108 addresses the concerns raised from the previous legislation by prohibiting a school district governing board from constructing any new school building or expanding a school building located in territory in the vicinity of a military airport.
There is no discernible fiscal impact to the state general fund associated with this bill.
1. Prohibits a school district governing board from constructing any new school building or expanding a school building located in territory in the vicinity of a military airport.
2. Stipulates that this section must not be construed to prohibit any minor repairs and routine maintenance to existing school buildings located in territory in the vicinity of a military airport.
3. Removes the requirement of the School Facilities Board to send notification of the application filed after July 1, 2001 for monies to fund the construction of new school facilities proposed to be located in territory in the vicinity of a military airport to the military airport.
4. Removes the requirement of the School Facilities Board to consider comments or analysis concerning compatibility with the high noise or accident potential generated by military operations that may impact public health and safety for new school facilities proposed to be located in territory in the vicinity of a military airport.
5. Blends multiple enactments relating to the powers and duties of the School Facilities Board.
6. Makes technical and conforming changes.
7. Provides for a general effective date.
Prepared by Senate Staff
January 29, 2002