ARIZONA STATE SENATE
Phoenix, Arizona
native plant
salvage in counties
Expands to unincorporated areas, the areas from which a homeowners’ association (HOA) or nonprofit organization can salvage native plants.
Current statute requires the plants division of the Arizona Department of Agriculture to issue a permit to other state agencies, the public, nonprofit organizations or commercial dealers for the disposal or salvage of native plants subject to removal or destruction. There are various exceptions to this requirement, including HOAs and other community based nonprofit organizations that intend to transplant the native plants in a common area or on public property within an incorporated city or town. However, a person who possesses a permit, tag or seal for the collection or salvage of native plants has priority over HOAs and nonprofit organizations in obtaining any native plants.
Additionally, current statute limits to cities and towns, the areas from which HOA and other community based nonprofit organizations may collect and salvage native plants whose existence is threatened by intended destruction, their location or a change in land use. Before collecting plants, the HOA or other community based nonprofit organization must obtain and submit to the Department of Agriculture: written permission from the property owner; a copy of the city or town resolution authorizing the collection and salvage of native plants; and, a signed statement from the HOA or nonprofit organization stating that the salvaged plants will be transplanted in common areas or on public property.
H.B. 2107 expands the salvage of native plants by HOAs and nonprofit organizations to unincorporated areas of a county.
There is no known fiscal impact to the state general fund relating to the provisions of this bill.
1. Expands to unincorporated areas, the areas from which a HOA or nonprofit organization can salvage native plants.
2. Allows salvaged plants to be transplanted in commons areas managed or leased by a HOA, rather than only in areas owned by the HOA.
3. Makes technical, clarifying and conforming changes.
ENV 1/17/02 DP 9-0-0-1-0
3rd Read 2/12/02 59-0-1-0
Prepared by Senate Staff
March 26, 2002