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SB 1114

SAFETY-TECH

104th Regular Session Introduced by John Curran

Allows ADWR to rely on pre-May 31, 2023 analyses for CAWS by reducing reserved volume to reflect prior CAWS, with a 15% voluntary reduction option.

Rule 3-9(a) / Re-referred to Assignments
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Bill Summary · SB 1114

Summary — SB 1114 (titled in filing as “SAFETY‑TECH”)

Note: the provided document contains two distinct bill texts merged together (an Arizona groundwater bill and an Illinois technical edit to the Radon Resistant Construction Act). This summary focuses on the Arizona statute added by the Senate Engrossed version (Arizona Revised Statutes §45‑576.11). Verify jurisdiction and final enrolled text before relying on this for legal decisions.

Purpose

Adds a new section (45‑576.11) to Arizona’s Groundwater Code to clarify how the Director of the Arizona Department of Water Resources (ADWR) must treat previously issued “analyses” or “physical availability determinations” when issuing Certificates of Assured Water Supply (CAWS). The goal is to permit reliance on certain pre‑existing ADWR analyses while adjusting reserved groundwater volumes to reflect prior CAWS issuances and current application assumptions.

Key provisions

  • Acceptance of pre‑existing analyses:
    • ADWR must accept an ADWR “analysis” or “physical availability determination” as a valid demonstration of physical availability for the groundwater volume stated in that analysis, after reducing that volume by the amount already represented by CAWS issued in reliance on the analysis, provided:
    • The analysis/determination was issued on or before May 31, 2023; and
    • The analysis includes a determination of physical availability of groundwater.
  • 15% voluntary reduction option:
    • After this section is effective, an applicant holding a qualifying analysis may submit a sworn statement agreeing that the applicant will reduce the remaining groundwater volume reserved by the analysis by 15% after the Director grants a CAWS. If ADWR receives that sworn statement, ADWR must grant the CAWS.
  • Water‑demand assumptions and accounting:
    • Each new CAWS issued relying on a qualifying analysis must be issued using the water‑demand assumption ADWR had in place when the application was submitted.
    • When the CAWS is issued, the analysis’s reserved volume shall be reduced by the volume reflecting the water‑demand assumption ADWR used when the analysis was originally issued.
    • The difference between the water‑demand assumption used at application time and the original analysis assumption remains physically available for further subdivision development in the service area of the designated provider serving the analysis land.
  • Definition:
    • “Analysis” is defined as an ADWR determination (under Director rules) that one or more criteria for a CAWS have been demonstrated for a development.
  • Emergency clause:
    • The bill includes an emergency provision making it operative immediately (verify final enrolled text for consistency).

Who is affected

  • Developers and subdivision applicants relying on pre‑May 31, 2023 ADWR analyses
  • Designated water providers serving affected lands
  • ADWR (administrative implementation and tracking)
  • Prospective buyers and communities relying on assured water supply for development approvals
  • Groundwater users and resource managers (potential long‑term resource implications)

Likely impacts and considerations

  • Facilitates issuance of CAWS certificates based on older ADWR analyses while requiring volume adjustments to account for prior CAWS issuances and differing demand assumptions.
  • The 15% voluntary reduction offers a procedural pathway to expedite CAWS issuance for applicants willing to accept a permanent reduction in reserved groundwater volume.
  • May increase administrative workload for ADWR to reconcile analyses, track reductions and demand‑assumption differences, and enforce volumetric accounting.
  • Raises resource management considerations: allowing CAWS based on older analyses could affect sustainability depending on the accuracy of older physical‑availability determinations and changes in water‑use assumptions since 2023.

Procedural / status notes

  • Introduced: February 5, 2025 (as provided)
  • Filing status in the provided file: shows “Rule 3‑9(a) / Re‑referred to Assignments” (verify current committee/status with the relevant state legislature).
  • The merged document also contains unrelated Illinois bill text and a mixed legislative actions log — confirm which legislature (Arizona vs Illinois) and the final enrolled language before application.

Compiled from official sources — confirm details with the bill’s official record.

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