48-291. Federal and state regulations; local coordination; standing; definitions

351 words·~2 min read·/az/title-48/48-291

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. If a district that is formed under this title and that has laws, regulations, plans or policies that are less restrictive than a federal or state regulation, rule, plan or policy, the district shall demand by any lawful means that the federal or state government coordinate with the district before the federal or state government implements, enforces, expands or extends the federal or state regulation, rule, plan or policy within the district's jurisdictional boundaries. This subsection is mandatory unless the district specifically votes to not demand coordination.

B. If the federal or state government fails to coordinate in good faith with the district, the district shall hold public hearings, consider the evidence and vote on whether to authorize litigation to enforce the district's coordination rights.

C. If a person who resides or does business in this state serves each member of the district's governing body with a written demand that the district comply with this section and, within sixty days after service of the written demand, the district governing body fails to comply with this section in a manner that causes injury to the person, the person may submit a written demand for a response. The written demand must specify the district law, regulation, plan or policy with which the federal or state government failed to coordinate.

Within thirty days after receiving the written demand for a response, the district shall hold a public hearing to present information on the decision not to demand coordination.

D. For the purposes of this section:

1. "Coordinate" means the action necessary to achieve coordination.

2. "Coordination" means the process by which the federal or state government seeks in good faith to reach consistency between a federal or state regulation, rule, plan or policy and a district law, regulation, plan or policy that is less restrictive than the federal or state regulation, rule, plan or policy.

3. "Less restrictive" means a district law, regulation, plan or policy imposes or would impose less of a burden on the exercise of rights, privileges or immunities enjoyed by individuals, organizations and businesses within the district's jurisdictional boundaries.