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Legislative Issues Committee

The mission of the Legislative Issues Committee is to assess and communicate legislative matters in an effort to educate and activate our membership to participate in public policy decision making concerning floodplain management.



Monthly Legislature Tracking

This page was last updated on 5/28/2025.

May 2025
Future Months

Arizona

SB1236 Storm water

The proposed bill would amend current statutes to allow a storer in the Phoenix Active Management Area (AMA) to recharge stormwater within a constructed underground storage facility, provided they comply with operational terms and applicable water quality permits. It introduces new provisions that require the Director of the Arizona Department of Water Resources (ADWR) to determine the quantity of stormwater recharged annually and credit the storer's replenishment account with 95% of the total volume. Additionally, it allows storers to use or transfer replenishment credits to offset their replenishment obligations within the same subbasin.

The bill also clarifies that replenishment credits will be treated as groundwater rather than stored water and stipulates that the storage of stormwater must not infringe on existing water rights.

Defines stormwater as water that has been collected in a system designed to carry rainfall runoff from streets, sidewalks, gutters and other impervious surfaces, including those in subdivisions, to a location where the water is retained.

Overall, the bill aims to enhance water management practices in Arizona by facilitating the use of stormwater for aquifer replenishment.

With the Senate

 

HB2571 Stormwater infrastructure; groundwater recharge; credit

Dead

 

SB 1278 Department of Natural Resources

Establishes the Department of Natural Resources (DNR) and the Commission of Natural Resources and outlines their duties and responsibilities.

Modifies the definition of state land to include only state trust land, held in trust for named beneficiaries, and provides that, for purposes of the DNR, state land: a) means land owned by the state and not held in trust; b) means land acquired by the state after the effective date of this act; and c) does not include land acquired by a university under the Arizona Board of Regents or the Arizona Department of Transportation.

 

House Concurrent Memorial (HCM) 2003: Urging the Department of Water Resources and the State Land Department to Invest in Groundwater Recharge Infrastructure in Rural Communities

Link: https://apps.azleg.gov/BillStatus/BillOverview/82040

States the Legislature's interest in having the Arizona Department of Water Resources (ADWR) and the Arizona State Land Department (ASLD) focus on increasing groundwater recharge through groundwater recharge infrastructure projects.

Federal

 

Rescinding the Definition of “Harm” Under the Endangered Species Act

Proposed Rule

Site: Federal Register :: Rescinding the Definition of “Harm” Under the Endangered Species Act

Comment period ended 5/19/2025 with 329,796 comments

The U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) (collectively referred to as the Services or we) are proposing to rescind the regulatory definition of “harm” in our Endangered Species Act (ESA or the Act) regulations. The existing regulatory definition of “harm,” which includes habitat modification, runs contrary to the best meaning of the statutory term “take.” We are undertaking this change to adhere to the single, best meaning of the ESA.

The Endangered Species Act (ESA) prohibits the “take” of endangered species.[1]

Under the ESA, “[t]he term `take' means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct.” [2] This makes sense in light of the well-established, centuries-old understanding of “take” as meaning to kill or capture a wild animal.[3]

 

WOTUS Notice: The Final Response to SCOTUS; Establishment of a Public Docket; Request for Recommendations

Implementation of the Definition of Waters of the United States

Site: Federal Register :: WOTUS Notice: The Final Response to SCOTUS; Establishment of a Public Docket; Request for Recommendations

Proposed Rule

Comment period closed 4/23/2025 with 45,751 comments

Notice; announcement of listening sessions and solicitation of stakeholder feedback.

 

Request for Public Input on Experiences With FEMA Disaster Responses

Site: Federal Register :: Request for Public Input on Experiences With FEMA Disaster Responses

Notice

Comments period closed 5/15/2025 with 11,708 comments

The Federal Emergency Management Agency (FEMA) Review Council requests information and comments from the public and other interested stakeholders to gain an understanding of their experience with FEMA during disasters.

 

Restoring Gold Standard Science

Site: Restoring Gold Standard Science – The White House. Not in the Federal Register yet.

Executive Order 14303

Signed: 5/23/2025

The Executive Order (EO) says the “[a] majority of researchers in science, technology, engineering, and mathematics believe science is facing a reproducibility crisis.  The falsification of data by leading researchers has led to high-profile retractions of federally funded research.” Purpose of the EO is to “restor[e] a gold standard for science to ensure that federally funded research is transparent, rigorous, and impactful, and that Federal decisions are informed by the most credible, reliable, and impartial scientific evidence available.” “Within 30 days of this order, the Director of the Office of Science and Technology Policy (OSTP Directory) shall, in consultation with heads of relevant agencies, issue guidance …” This is more rigorously applied to policies or procedures issued between January 20, 2021 and January 20, 2025. This is EO “appl[ies] to all employees involved in the generation, use, interpretation, or communication of scientific information, regardless of job classification, and to all agency decision-making, except where precluded by law.”

 

Federal Budget

On May 22, the House passed the reconciliation legislation (One Big Beautiful Bill Act) by a vote of 215-214. The bill would remove FEMA from the US Department of Homeland Security and reestablish it as an independent, Cabinet-level agency.

Includes reduction in funding to FEMA’s budget of $646 million., NOAA $1.5 billion, and USGS $562 million.

 

Tracking legal challenges to the current administration - Total number of cases 249 that includes 9 closed cases.

 

Legislative reports are drafted by the Legislative Issues Committee on a monthly basis, and presented to the AFMA Board of Directors.  As updates occur, additional tabs will be added here to provide additional information.

The Legislative Issues Committee has collected links to many resources at the local, state, and federal level. Visit these links to learn more about the different organizations.

FEDERAL

OpenCongress.Org

http://www.opencongress.org/

Library of Congress

http://thomas.loc.gov/

Code of Federal Regulations (CFR)

http://www.gpoaccess.gov/cfr/link.html

http://www.access.gpo.gov/nara/cfr/cfr-table-search.html#page1

Council on Environmental Quality

https://www.whitehouse.gov/ceq/

Federal Emergency Management Agency (FEMA)

Procedure Memorandums

http://www.fema.gov/plan/prevent/fhm/gs_memos.shtm

Guides and Specifications

http://www.fema.gov/plan/prevent/fhm/gs_main.shtm

Other Guidance Documents

http://www.fema.gov/plan/prevent/fhm/frm_docs.shtm

National Flood Insurance Program

http://www.fema.gov/business/nfip/

U.S. Army Corps of Engineers (USACE)

National Committee on Levee Safety

http://www.iwr.usace.army.mil/ncls/

Headquarters

http://www.usace.army.mil/Pages/default.aspx

Los Angeles District & Arizona Area Office

http://www.spl.usace.army.mil/cms/index.php

Hydrologic Engineering Center

http://www.hec.usace.army.mil/

USACE Publications

http://www.hnd.usace.army.mil/TECHINFO/engpubs.htm

Your Congressperson / Senator

Your Congress person

Your Senator


STATE

Arizona Revised Statues (ARS)

http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp

Chapters of note within that last Legislative Session;

Chapter 43, HB 2202 - Amended SECTION 49-371 – Relating to Local Stormwater Quality Programs

http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/49leg/1R/laws/0043.htm

Chapter 49, HB 2440 – Relating to Drought Emergency Groundwater Transfers

http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/49leg/1R/laws/0049.htm

Chapter 63, SB1256 - aggregate mine reclamation; fees (NOW: mining omnibus)

http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/49leg/1R/laws/0063.htm

Chapter 64, SB1259 - aggregate mine reclamation; initiation; extension

http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/49leg/1R/laws/0064.htm

Chapter 65, SB1260 - aggregate mine reclamation law; exemption

http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/49leg/1R/laws/0065.htm

Chapter 72, SB 1297 – Relating to County Flood Control Districts

http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/49leg/1R/laws/0072.htm

Arizona Capital Times

http://azcapitoltimes.com/

Arizona Department of Water Resources

http://www.azwater.gov/AzDWR/Legal/LawsRulesPolicies/default.htm

Arizona Department of Environmental Quality

Stormwater Permits

http://www.azdeq.gov/environ/water/permits/stormwater.html

AZPDES

http://www.azdeq.gov/environ/water/permits/azpdes.html

Arizona State Standards

http://www.azwater.gov/AzDWR/SurfaceWater/FloodManagement/StateStandards.htm

State Legislator: Find your state legislator

http://www.azleg.gov/alisStaticPages/HowToContactMember.asp


ARIZONA COUNTIES & MUNICIPALITIES

Apache

Cochise

Coconino

Coconino County Emergency Services

http://www.coconino.az.gov/emergencysvcs.aspx?id=598

Coconino County Engineering

http://www.coconino.az.gov/publicworks.aspx?id=6864

City of Flagstaff

http://flagstaff.stage2.vpi.net/floodplain/

Gila

Graham

La Paz

Maricopa

The Flood Control District of Maricopa County

http://www.fcd.maricopa.gov

City of Phoenix

Storm Water Design Manual

http://phoenix.gov/ftpalias/payf/swpolicy.pdf

Grading and Drainage Ordinance

http://www.municode.com/resources/gateway.asp?pid=13485&sid=3

City of Mesa

City of Glendale

City of Tempe

City of Scottsdale

Drainage and Flood Control Fact Sheet

http://www.scottsdaleaz.gov/stormwater/floodplainmanagement/factsheet.asp

City of Chandler

Town of Gilbert

Mohave

Navajo

Pinal

Pima

Pima County Regional Flood Control District

http://rfcd.pima.gov/

City of Tucson

City of Tucson Engineering & Floodplain Review

http://www.tucsonaz.gov/dsd/Site_Review/Engineer___Flood/engineer___flood.html

Stormwater Management

http://dot.tucsonaz.gov/stormwater/

Santa Cruz

Santa Cruz County Flood Control District

http://www.co.santa-cruz.az.us/public_works/flood_control.html

DFIRM & Mapping Project Page

http://www.co.santa-cruz.az.us/flood/newpage/Map%20Mod%20Home%20Web%20PageV3.html

Web Applet of Floodplains

http://sccaz-assessor.org/Floodplain

Photo Page

http://www.flickr.com/photos/sccaz-flood/

Yavapai

Town of Prescott

Yuma

City of Yuma


Usage Notice:

The information provided on this site represents a general overview of legislative topics. It is not intended to be used as legal advice. Use at your own risk.


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P.O. Box 18102

Phoenix, AZ 85005

United States of America