Legislative Issues Committee

State

HB 2753 Groundwater replenishment; Pinal AMA

Site: https://apps.azleg.gov/BillStatus/BillOverview/83214

Signed into law.

Allows a municipal provider that applies for a new designation of assured water supply in the Pinal active management area (AMA) to assume the replenishment obligations of member service lands that are located within the provider’s service area.

Federal

Federal Emergency Management Agency Review Council; Notice of Meeting

Site: Federal Register :: Federal Emergency Management Agency Review Council; Notice of Meeting

Next meeting Wednesday, July 9, 2025 from 11 am to noon AZ time zone

Meeting instructions for virtual attendance. Members of the public may register to participate in this Council meeting under the following procedures. Each individual must provide their full legal name and email address by 5 p.m. Eastern Daylight Time on Tuesday, July 8, 2025, to Patrick Powers, Designated Federal Officer of the President's Federal Emergency Management Agency Review Council, via email to FEMAreviewcouncil@hq.dhs.gov. Members of the public who have registered to participate will be provided the agenda and virtual link.

Agenda: (1) Remarks and updates from Council leadership; (2) Open panel discussion.

FEMA Review Council website: Federal Emergency Management Agency Review Council | Homeland Security

Members: Kristi Noem (DHS), Pete Hegseth (DoD), Greg Abbott (Governor of Texas), Phil Bryant (former Governor of Mississippi), Jane Castor (Mayor, City of Tampa, FL), Mark Cooper (Chief of staff for former Governor John Bel Edwards, Louisiana), Rosie Cordero-Stutz (Sheriff, Miami-Dade County, FL), Robert Fenton (Region 9 Administrator), Kevin Guthrie (FL Department of Emergency Management (DEM)), W Nim Kidd (TX DEM), Michael Whatley (Chairman, Republican National Committee), Glenn Youngkin (governor of Virginia)

Notice of Adoption of Categorical Exclusions Under Section 109 of the National Environmental Policy Act

Site: Federal Register :: Notice of Adoption of Categorical Exclusions Under Section 109 of the National Environmental Policy Act

Site: https://www.federalregister.gov/documents/2025/06/11/2025-10629/notice-of-adoption-of-categorical-exclusions-under-section-109-of-the-national-environmental-policy

The National Environmental Policy Act (NEPA) defines categorical exclusions (CEs) as a category of actions that a Federal agency has determined normally does not significantly affect the quality of the human environment (42 USC 4336e (1); 40 CFR 1508.1(d)). In cases where a CE applies, neither an environmental assessment (EA) nor an environmental impact statement (EIS) is required unless there are extraordinary circumstances (40 CFR 1501.4 and 40 CFR 1507.3(e)(2)(ii)).

Both the Department of Homeland Security and Department of the Interior, National Park Service published a notice that it has adopted categorical exclusions (CEs) from the requirements of the National Environmental Policy Act (NEPA) that were previously established by other agencies, as authorized by NEPA section 109.

Examples from DHS Notice:

DHS has identified 7 CFR 650.6 paragraph (d)(14) “Repairing or maintaining principal spillways and appurtenances associated with existing serviceable dams, originally constructed to NRCS standards, in order to meet current safety standards. Work will be confined to the existing footprint of the dam, and no major change in reservoir or downstream operations will result.”

DHS intends to use this CE to cover repairs and maintenance of existing spillways to meet current safety and performance standards. The CE would apply to rehabilitation projects of High Hazard Potential Dams. FEMA does not have any similar CEs currently.

Proposal To Reissue and Modify Nationwide Permits

Site: Federal Register :: Proposal To Reissue and Modify Nationwide Permits

Comment period ends on 07/18/2025.

Nationwide permits (NWP) are blanket authorizations under the Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899 for dozens of types of projects — from utility lines to mines to boat ramps — that allow for faster approvals by the US Army Corps of Engineers (USACE). The Corps is proposing to reissue its existing NWPs and associated general conditions and definitions, with some modifications. In addition, the Corps is proposing to modify some other NWPs to simplify and clarify those NWPs. The proposed modifications to the NWPs general conditions, and definitions are intended to reduce burdens on the regulated public and continue to comply with the statutory requirement that NWPs authorize only activities with no more than minimal individual and cumulative adverse environmental effects.

NWP 13. Bank stabilization activities. The Corps is proposing to modify NWP 13 by adding a paragraph to clarify that this NWP can be used to authorize nature-based solutions associated with bank stabilization activities, including those in conjunction with hard bank stabilization activities such as seawalls, bulkheads, and revetments. The Corps is also proposing to modify this NWP by adding a new Note to encourage project proponents to use soft bank stabilization approaches and/or nature-based solutions where appropriate to reduce the potential individual and cumulative adverse environmental effects that may be caused by bank stabilization activities. The proposed new Note also provides examples of the numerous factors that likely need to be considered when planning and designing a proposed bank stabilization activity, including hard or soft approaches to bank stabilization.

Executive Order Empowering Commonsense Wildfire Prevention and Response

Dated 6/12/2025

Site: https://www.federalregister.gov/documents/2025/06/18/2025-11358/empowering-commonsense-wildfire-prevention-and-response

The Federal Government can empower State and local leaders by streamlining Federal wildfire capabilities to improve their effectiveness and promoting commonsense, technology-enabled local strategies for land management and wildfire response and mitigation. It emphasizes the use of practical tools and local partnerships to better manage fire-prone lands and avoid destruction. This policy also strengthens emergency actions before and during the wildfire and hurricane season.

Clean Water Act

Site: https://transportation.house.gov/news/documentsingle.aspx?DocumentID=408794

The Transportation and Infrastructure Committee announced that they will consider legislation that will provide reforms, cut red tape, streamline reviews, and provide greater regulatory certainty under Clean Water Act (CWA) permitting processes.

The Committee is scheduled to consider the following legislation:

• Amendment in the Nature of a Substitute (ANS) to H.R. 3898, Promoting Efficient Review for Modern Infrastructure Today (PERMIT) Act

General

‘Abolishing FEMA’ Memo Outlines Ways for Trump to Scrap Agency ‘Abolishing FEMA’ Memo Outlines Ways for Trump to Scrap Agency - Bloomberg

ASFPM Exclusive Member Benefit: Free Access to ASCE 24-24

Flood Resistant Design and Construction, ASCE/SEI 24-24

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.