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 a high noise or accident potential zone 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 2001 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.
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 a high noise or accident potential zone 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 a high noise or accident potential zone of a military airport.
2. Stipulates that this section must not be construed to prohibit repairing, maintaining, remodeling or any other activity that may be financed by building renewal monies on existing school buildings located in a high noise or accident potential zone of a military airport.
3. Makes technical and conforming changes.
4. Provides for a general effective date.
Amendments
Adopted by Committee
1. Stipulates that the section prohibiting the new construction or expansion of school buildings must not be construed to prohibit any major renovations and repairs, routine maintenance, or any other activity where building renewal monies may be used on existing school buildings located in the specified area of a military airport. Removes references to "minor" renovations and repairs and adds "any activities funded by building renewal monies."
2. Changes the area surrounding the military airport for which this bill applies by replacing references to the school location in territory in the vicinity of a military airport with a high noise or accident potential zone of a military airport.
3. Reinserts existing statutory requirements of the School Facilities Board relating to proposed school sites near military airports.
Amendments
Adopted by Committee of the Whole
1. Substitutes the Education Committee amendment.
2. Stipulates the act must not be construed to prohibit repairing, maintaining, remodeling or any other activity for which building renewal monies may be used on existing school buildings located in the specified area of a military airport. Removes references to "minor repairs and maintenance" to existing school buildings.
3. Changes the area surrounding the military airport for which this bill applies by replacing references to the school location in territory in the vicinity of a military airport with a high noise or accident potential zone of a military airport.
4. Reinserts existing statutory requirements of the School Facilities Board relating to proposed school sites near military airports.
Senate Action
ED 1/31/02 DPA 7-1-0
3rd Read 2/13/02 30-0-0-0
Prepared by Senate Staff
March 27, 2002