reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-1278 - Water supply development bonds; purpose

49-1278.
Water supply development bonds;  purpose
A. Water supply development bonds may be issued to provide financial assistance under this article and to increase the capitalization of the water supply development revolving fund to accomplish the purposes stated in section 49-1273. These bonds may be secured by any monies received or to be received in the water supply development revolving fund. Amounts in the water supply development revolving fund may be used to cure defaults on loans made from the water supply development revolving fund to the extent otherwise permitted by law.
B. Any pledge made under this article is valid and binding from the time when the pledge is made. The monies pledged and received to be placed in the appropriate fund are immediately subject to the lien of the pledge without any future physical delivery or further act,  and any such lien of any pledge is valid or binding against all parties having claims of any kind in tort,  contract or otherwise against the board regardless of whether the parties have notice of the lien. The official resolution or trust indenture or any instrument by which this pledge is created,  when placed in the board's records,  is notice to all concerned of the creation of the pledge,  and those instruments need not be recorded in any other place.
C. The bonds issued under this section,  their transfer and the income they produce are exempt from taxation by this state or by any political subdivision of this state.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-1279 - Bond obligations of the authority

49-1279.
Bond obligations of the authority
Bonds issued under this article are obligations of the water infrastructure finance authority of Arizona,  are payable only according to their terms and are not general obligations,  special obligations or otherwise of this state. The bonds do not constitute a legal debt of this state and are not enforceable against this state. Payment of the bonds is not enforceable out of any state monies other than the income and revenue pledged and assigned to,  or in trust for the benefit of,  the holder or holders of the bonds.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-1280 - Certification of bonds by attorney general

49-1280.
Certification of bonds by attorney general
The board may submit any water supply development bonds issued under this article to the attorney general after all proceedings for their authorization have been completed. On submission,  the attorney general shall examine and pass on the validity of the bonds and the regularity of the proceedings. If the proceedings comply with this article,  and if the attorney general determines that,  when delivered and paid for,  the bonds will constitute binding and legal obligations of the board,  the attorney general shall certify on the back of each bond,  in substance,  that it is issued according to the constitution and laws of this state.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-1281 - Water supply development bonds as legal investments

49-1281.
Water supply development bonds as legal investments
Water supply development bonds issued under this article are securities in which public officers and bodies of this state and of municipalities and political subdivisions of this state,  all companies,  associations and other persons carrying on an insurance business,  all financial institutions,  investment companies and other persons carrying on a banking business,  all fiduciaries and all other persons who are authorized to invest in obligations of this state may properly and legally invest. The bonds are also securities that may be deposited with public officers or bodies of this state and municipalities and political subdivisions of this state for purposes that require the deposit of state bonds or obligations.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-1282 - Agreement of state

49-1282.
Agreement of state
This state pledges to and agrees with the holders of the bonds that this state will not limit or alter the rights vested in the water infrastructure finance authority of Arizona or any successor agency to collect the monies necessary to produce sufficient revenue to fulfill the terms of any agreements made with the holders of the bonds,  or in any way impair the rights and remedies of the bondholders,  until all bonds issued under this article,  together with interest,  including interest on any unpaid installments of interest,  and all costs and expenses in connection with any action or proceedings by or on behalf of the bondholders,  are fully met and discharged. The board as agent for this state may include this pledge and undertaking in its resolutions and indentures securing its bonds.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-1301 - Definitions

49-1301.
Definitions
In this article,  unless the context otherwise requires:
1. " Eligible entity"  means any of the following:
(a) A water provider.
(b) Any city,  town,  county,  district,  commission,  authority or other public entity that is organized and that exists under the statutory law of this state or under a voter-approved charter or initiative of this state.
2. " Financial assistance"  means loans provided by the authority to eligible entities and credit enhancements purchased for an eligible entity's bonds or other forms of indebtedness pursuant to section 49-1307.
3. " Loan"  means a bond,  lease,  loan or other evidence of indebtedness pertaining to financial assistance for water supply development projects issued from the long-term water augmentation fund.
4. " Loan repayment agreement"  means an agreement to repay a loan that is issued from the long-term water augmentation fund and that is entered into by an eligible entity.
5. " Pledged revenues"  means any monies to be received by an eligible entity,  including property taxes,  other local taxes,  fees,  assessments,  rates or charges that are pledged by the eligible entity as a source of repayment for a loan repayment agreement.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-1302 - Long-term water augmentation fund

49-1302.
Long-term water augmentation fund
A. The long-term water augmentation fund is established to be maintained in perpetuity consisting of all of the following:
1. Monies received from the issuance and sale of long-term water augmentation bonds under section 49-1309.
2. Monies appropriated by the legislature to the fund.
3. Monies received for any allowable purpose of the fund from the United States government.
4. Monies received as loan repayments,  interest,  administrative fees and penalties.
5. Monies from any lawful activities of the authority,  including public-private partnership agreements relating to water supply development projects.
6. Interest and other income received from investing monies in the fund.
7. Gifts,  grants and donations received for purposes of the fund from any public or private source.
B. Monies in the fund are continuously appropriated and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. On notice from the authority,  the state treasurer shall invest and divest monies in the fund as provided in sections 35-313 and 35-314.03,  and monies earned from investment shall be credited to the fund.
C. All monies shall be deposited,  pursuant to sections 35-146 and 35-147,  in the fund and shall be held in trust. The monies in the fund may not be appropriated or transferred by the legislature to fund the general operations of this state or to otherwise meet the obligations of the state general fund unless approved by a three-fourths vote of the members of each house of the legislature.
D. The authority shall administer the fund. The authority shall establish as many other accounts and subaccounts as required to administer the fund. If any long-term water augmentation bonds are issued under section 49-1309,  the authority shall establish one or more bond proceeds accounts and one or more bond debt service accounts as necessary to accurately record and track bond proceeds and debt service revenues.
E. The authority shall use the monies and other assets in the fund solely for the purposes authorized by this chapter.
F. Monies in the fund may be used for securing long-term water augmentation bonds of the authority.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-1303 - Long-term water augmentation fund; purposes; limitation

49-1303.
Long-term water augmentation fund;  purposes;  limitation
A. Monies and other assets in the long-term water augmentation fund may be used for the following purposes:
1. Funding water supply development projects that import water from outside the boundaries of this state. At least seventy-five percent of the monies in the fiscal years 2022-2023,  2023-2024 and 2024-2025 appropriations to the fund shall be reserved for one or more projects with this purpose,  and those monies shall be accounted for separately.
2. Purchasing imported water or rights to imported water.
3. Acquiring or constructing water-related facilities in this state to convey or deliver imported water within the state.
4. Conducting investigations,  including performing environmental or other reviews.
5. Contracting for water needs assessments.
6. Providing financial assistance to eligible entities for the purposes of financing or refinancing water supply development projects within this state,  including projects for conservation through reducing existing water use or more efficient uses of existing water supplies.
7. Guaranteeing debt obligations of eligible entities that are issued or incurred to finance or refinance water supply development projects within this state or providing credit enhancements in connection with these debt obligations.
8. Paying the costs to administer the fund.
9. Funding not more than ten full-time equivalent positions of the authority.
B. In providing financial assistance from the fund,  the authority shall comply with section 49-1304.
C. Monies in the fund may not be used to purchase conservation or other similar easements on real property.
D. If the monies pledged to secure long-term water augmentation bonds issued pursuant to section 49-1309 become insufficient to pay the principal and interest on the long-term water augmentation bonds guaranteed by the fund,  the authority shall direct the state treasurer to liquidate securities in the fund as may be necessary and shall apply those proceeds to make current all payments then due on the long-term water augmentation bonds. The state treasurer shall immediately notify the attorney general and auditor general of the insufficiency. The auditor general shall audit the circumstances surrounding the depletion of the fund and report the findings to the attorney general. The attorney general shall conduct an investigation and report those findings to the governor and the legislature.
E. The authority shall take necessary actions to obtain full repayment for monies or financial assistance provided from the fund by the recipients of the funding or financial assistance or the recipients of any water supply development project made available from monies from the fund through water subcontracts,  loan repayments,  rates,  fees,  charges or otherwise,  as appropriate. This subsection does not apply to monies spent by the authority for investigations and studies or monies spent in connection with loan guarantees or credit enhancement.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-1305 - Opportunity for participation by Colorado River water users

49-1305.
Opportunity for participation by Colorado River water users
For any water supply development project to import water that is proposed to be funded by the authority,  the authority shall provide written notice of the proposed project to all entities in this state with an entitlement to water from the Colorado River,  including water delivered through the central Arizona project. An entity that receives a notice prescribed by this section shall submit to the authority within thirty days after the date of the notice a statement of the entity's interest in participating in the project.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-1306 - Taxation exemption

49-1306.
Taxation exemption
A. The authority is regarded as performing a governmental function in carrying out the purposes of this article and is not required to pay taxes or assessments on any of the property acquired or constructed for these purposes or on the agreements of the authority pertaining to maintaining and operating water-related facilities or in the revenues derived from the water-related facilities.
B. The long-term water augmentation bonds issued under this chapter,  their transfer and the income the bonds produce are at all times exempt from taxation by this state or by any political subdivision of this state.
C. The authority is authorized under this chapter and under title 35,  chapter 3,  article 7 to take all actions determined necessary by the board to comply with federal income tax laws,  including the payment of rebates to the United States treasury.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-1308 - Long-term water augmentation financial assistance; procedures

49-1308.
Long-term water augmentation financial assistance;  procedures
A. In compliance with any applicable requirements,  an eligible entity may apply to the authority for and accept and incur indebtedness as a result of financial assistance from the long-term water augmentation fund for water supply development projects.
B. The authority shall:
1. Prescribe a simplified form and procedure to apply for and approve financial assistance.
2. Establish by rule criteria by which financial assistance will be awarded,  including:
(a) For any financial assistance:
(i) A determination of the applicant's financial ability to construct,  operate and maintain the project if it receives the assistance.
(ii) A determination of the applicant's ability to manage the project.
(iii) A determination of the applicant's ability to meet any applicable environmental requirements imposed by federal or state agencies.
(iv) A determination of the applicant's ability to acquire any necessary regulatory permits.
(v) Requirements for local participation in project costs,  if deemed advisable by the authority.
(b) If the applicant is applying for a loan:
(i) A determination of the ability of the applicant to repay a loan according to the terms and conditions established by this chapter. At the option of the authority,  the existence of a current investment grade rating on existing debt of the applicant that is secured by the same revenues to be pledged to secure repayment under the loan repayment agreement constitutes evidence regarding ability to repay a loan.
(ii) A determination of the applicant's legal capability to enter into a loan repayment agreement.
3. Determine the order and priority of projects assisted under this article based on the merits of the application with respect to water supply development criteria set forth in section 49-1304.
C. The authority shall review on its merits each application received and shall inform the applicant of the authority's determination. If the application is not approved,  the authority shall notify the applicant,  stating the reasons. If the application is approved,  the authority may condition the approval on assurances the authority deems necessary to ensure that the financial assistance will be used according to law and the terms of the application.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-1310 - Long-term water augmentation bond obligations of the authority

49-1310.
Long-term water augmentation bond obligations of the authority
Long-term water augmentation bonds issued under this article are obligations of the authority,  are payable only according to their terms and are not general,  special or other obligations of this state. The long-term water augmentation bonds do not constitute a legal debt of this state and are not enforceable against this state. Payment of the long-term water augmentation bonds is not enforceable out of any state monies other than the income and revenue pledge and assigned to,  or in trust for the benefit of,  the holder or holders of the long-term water augmentation bonds.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-1311 - Certification of long-term water augmentation bonds by attorney general

49-1311.
Certification of long-term water augmentation bonds by attorney general
A. The board may submit any long-term water augmentation bonds issued under this article to the attorney general after all proceedings for their authorization have been completed. Within fifteen days after submission,  the attorney general shall examine and pass on the validity of the long-term water augmentation bonds and the regularity of the proceedings.
B. If the proceedings comply with this article,  and if the attorney general determines that,  when delivered and paid for,  the long-term water augmentation bonds will constitute binding and legal obligations of the authority,  the attorney general shall certify on the back of each long-term water augmentation bond,  in substance,  that it is issued according to the constitution and laws of this state.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-1312 - Long-term water augmentation bonds as legal investments

49-1312.
Long-term water augmentation bonds as legal investments
Long-term water augmentation bonds issued under this article are securities:
1. In which public officers and bodies of this state and of municipalities and political subdivisions of this state,  all companies,  associations and other persons carrying on an insurance business,  all financial institutions,  investment companies and other persons carrying on a banking business,  all fiduciaries and all other persons who are authorized to invest in obligations of this state may properly and legally invest.
2. That may be deposited with public officers or bodies of this state and municipalities and political subdivisions of this state for purposes that require the deposit of state bonds or obligations.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-1313 - Agreement of state

49-1313.
Agreement of state
A. This state pledges to and agrees with the holders of the long-term water augmentation bonds that this state will not limit or alter the rights vested in the authority or any successor agency to collect the monies necessary to produce sufficient revenue to fulfill the terms of any agreements made with the holders of the long-term water augmentation bonds,  or in any way impair the rights and remedies of the bondholders,  until all long-term water augmentation bonds issued under this article,  together with interest accrued thereon,  and including interest on any unpaid installments of interest,  and all costs and expenses in connection with any action or proceedings by or on behalf of the bondholders,  are fully met and discharged.
B. The board as agent for this state may include this pledge and undertaking in its resolutions and indentures securing its long-term water augmentation bonds.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-1331 - Water conservation grant fund; exemption; administration; report

49-1331.
Water conservation grant fund;  exemption;  administration;  report
A. The water conservation grant fund is established to be maintained in perpetuity consisting of all the following:
1. Legislative appropriations.
2. Monies received for water conservation purposes from the United States government.
3. Interest and other income received from investing monies in the fund.
4. Gifts,  grants and donations received for water conservation purposes from any public or private source.
5. Any other monies received by the authority in connection with the purpose of the fund.
B. Monies in the fund are continuously appropriated and exempt from the provisions of section 35-190 relating to lapsing of appropriations. On notice from the authority,  the state treasurer shall invest and divest monies in the fund as provided by section 35-313,  and monies earned from investment shall be credited to the fund.
C. All monies deposited in the fund shall be held in trust. The monies in the fund may not be appropriated or transferred by the legislature to fund the general operations of this state or to otherwise meet the obligations of the state general fund unless approved by a three-fourths vote of the members of each house of the legislature. This subsection does not apply to any taxes or other levies that are imposed pursuant to title 42 or 43.
D. The authority shall administer the fund and establish as many other accounts and subaccounts as required to administer the fund.
E. Monies and other assets in the fund shall be used solely for the purposes authorized by this article.
F. The annual report required by section 49-1204 shall include:
1. The expenditures made from the fund in the previous fiscal year.
2. Whether programs or projects funded by the fund in the previous fiscal year did in fact:
(a) Result in long-term,  sustainable reductions in water use.
(b) Improve water use efficiency.
(c) Improve water reliability.
3. The environmental impacts of programs or projects funded by the fund in the previous fiscal year.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-1332 - Water conservation grant fund; purposes

49-1332.
Water conservation grant fund;  purposes
A. Monies in the water conservation grant fund must facilitate voluntary water conservation programs or projects that are expected to result in at least one of the following:
1. Long-term reductions in water use.
2. Improvements in water use efficiency.
3. Improvements in water reliability.
B. Monies in the water conservation grant fund may be used for the following:
1. Education and research programs on how to reduce water consumption,  increase water efficiency or increase water reuse.
2. Programs and projects for rainwater harvesting,  gray water systems,  efficiency upgrades,  installing drought-resistant landscaping,  turf removal and other practices to reduce water use.
3. Programs or projects to promote groundwater recharge and improved aquifer health.
4. Programs or projects to improve groundwater conservation and surface water flows.
5. Landscape watershed protection,  restoration and rehabilitation,  including through green infrastructure and low-impact development to conserve or augment water supplies.
6. Projects facilitating coordinated water management,  including groundwater storage and recovery.
7. Programs or projects to reduce structural water overuse issues.
8. Program implementation and administration costs for eligible programs.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-1333 - Water conservation grant fund; procedures

49-1333.
Water conservation grant fund;  procedures
A. In compliance with any applicable requirements,  an eligible entity as defined in section 49-1301 may apply to the authority for and accept grants from the water conservation grant fund for a water conservation program or project that complies with the requirements of sections 49-1332 and 49-1334. A nongovernment organization that focuses on water conservation or environmental protection may apply to the authority for and accept grants from the water conservation grant fund for a water conservation program or project if it partners with an eligible entity as defined in section 49-1301.
B. The authority shall:
1. Prescribe a simplified form and procedure to apply for and approve assistance.
2. Establish by rule criteria that are consistent with this article by which assistance will be awarded.
3. Determine the order and priority of water conservation programs or projects assisted under this section based on the merits of the application with respect to the requirements of sections 49-1332 and 49-1334.
4. Provide that a single water conservation program grant may not exceed $3, 000, 000,  a single water conservation project grant may not exceed $250, 000 and at least a twenty-five percent match is required for each water conservation program or project. Monies from any other source may satisfy the match requirement.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-1334 - Evaluation criteria for water conservation programs and projects from the water conservation grant fund; procedures

49-1334.
Evaluation criteria for water conservation programs and projects from the water conservation grant fund;  procedures
The authority shall determine the order and priority of water conservation programs and projects proposed to be funded in whole or in part with monies from the water conservation grant fund based on the following,  as applicable:
1. The extent to which the water conservation program or project achieves one or more of the results prescribed by section 49-1332,  subsection A.
2. The costs and benefits of the water conservation program or project,  including environmental costs and benefits.
3. If the water conservation program or project is eligible for funding from the long-term water augmentation fund established by section 49-1302 or the water supply development revolving fund established by section 49-1271 and if the nature of the water conservation program or project makes funding from the long-term water augmentation fund or the water supply development revolving fund impractical.
4. The ability to provide multiple benefits.
5. The degree to which the water conservation program or project will maximize or leverage multiple available funding sources,  including federal funding.
6. The qualifications and capacity of an applicant.
7. The feasibility of the water conservation program or project.
8. Public comments.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-1335 - Water conservation grant committee; membership; recommendations

49-1335.
Water conservation grant committee;  membership;  recommendations
A. The water conservation grant committee is established to advise the board and consists of the following members who are appointed by the board:
1. One member who represents a public water system that serves five hundred or more connections.
2. One member who represents a public water system that serves less than five hundred connections.
3. One member who represents a county with a population of five hundred thousand or more persons.
4. One member who represents a county with a population of less than five hundred thousand persons.
5. One member who represents an advocacy group with a primary focus on water conservation.
6. One member who represents a university in this state and who has significant knowledge in water conservation.
7. One member who represents a natural resource conservation district established pursuant to title 37,  chapter 6.
8. The director of the department of water resources or the director's designee.
B. The water conservation grant committee shall review applications for grant requests from the water conservation grant fund and shall make recommendations to the board regarding those applications.
C. The water conservation grant committee shall meet at least once a month to review grant applications,  except that the committee need not meet in any month in which no applications are pending before the committee. The board may require the committee to hold additional meetings to consider applications that are or may become time sensitive. The committee shall allow members of the public to provide comment on an application considered by the committee at a meeting.
D. The water conservation grant committee is considered a subcommittee of the board for the purposes of section 49-1206.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-1401 - Definitions

49-1401.
Definitions
In this chapter,  unless the context otherwise requires:
1. " Actual harm"  means damage,  loss or injury.
2. " Audit report"  means an audit report prescribed by section 49-1402.
3. " Environmental law"  means a federal,  state or local law,  rule,  regulation or ordinance,  or a permit issued under a federal,  state or local law,  rule,  regulation or ordinance,  relating to protection of the environment.
4. " Organization"  means a company,  corporation,  political subdivision,  firm,  enterprise or institution,  or any part or combination thereof,  whether incorporated or not,  public or private,  that has its own functions and administration. For organizations with more than one operating unit,  a single operating unit may be defined as an organization.
5. " Person"  has the same meaning prescribed in section 49-201.
6. " Regulated facility or operation"  means a facility or operation that is regulated under an environmental law.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-1402 - Audit report; contents

49-1402.
Audit report;  contents
A. An audit report shall include each document and communication,  other than those set forth in section 49-1406,  that is created for an environmental audit to evaluate compliance with environmental laws.
B. An audit report may include the following:
1. A report prepared by an auditor,  consultant,  monitor or other similar person,  which may include:
(a) A description of the scope of the audit.
(b) The information gained in the audit and findings,  conclusions and recommendations.
(c) Exhibits and appendices.
2. Memoranda and documents analyzing all or a portion of the materials described by subsection C,  paragraph 1 of this section or discussing implementation issues.
3. An implementation plan or tracking system to correct past noncompliance,  improve current compliance or prevent future noncompliance.
C. The types of exhibits and appendices that may be contained in an audit report include supporting information that is collected or developed for the primary purpose of and gathered in the course of an environmental audit,  including:
1. Interviews with current or former employees.
2. Field notes and records of observations.
3. Findings,  opinions,  suggestions,  conclusions,  guidance,  notes,  drafts and memoranda.
4. Legal analyses.
5. Drawings.
6. Photographs.
7. Laboratory analyses and other analytical data.
8. Computer generated or electronically recorded information.
9. Maps,  charts,  graphs and surveys.
10. Other communications associated with an environmental audit.
D. To facilitate identification,  each document in an audit report should be labeled " compliance report: privileged document"  or labeled with words of similar import. The failure to label a document does not constitute a waiver of the audit privilege or create a presumption that the privilege does or does not apply.
E. Once initiated,  an audit shall be completed within a reasonable time not to exceed six months unless an extension is based on reasonable grounds.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-1403 - Privilege

49-1403.
Privilege
A. Except as provided in sections 49-1404,  49-1405 and 49-1406,  any part of an audit report is privileged and is not admissible as evidence or subject to discovery in any of the following:
1. A civil action,  whether legal or equitable.
2. An administrative proceeding.
B. When called or subpoenaed as a witness,  a person cannot be compelled to testify or produce a document related to an audit if both of the following apply:
1. The testimony or document discloses any privileged part of an audit report or any item listed in section 49-1402.
2. For the purposes of this subsection only,  the person is:
(a) A person who conducted any portion of the audit but who did not personally observe the physical events.
(b) A person to whom the audit results are disclosed under section 49-1404,  subsection B.
(c) A custodian of the audit results.
C. A person who conducts or participates in the preparation of an environmental audit and who has actually observed physical events of violation may testify regarding those events but may not be compelled to testify about or produce documents related to any privileged part of an audit or any item listed in section 49-1402.
D. A state agency employee may not request,  review or otherwise use an audit report during an agency inspection of a regulated facility or operation or an activity of a regulated facility or operation.
E. A party asserting the privilege prescribed in this section has the burden of establishing the applicability of the privilege.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-1404 - Exception; waiver; violation; classification

49-1404.
Exception;  waiver;  violation;  classification
A. The privilege prescribed in section 49-1403 does not apply to the extent the privilege is expressly waived by the owner or operator who prepared the audit report or caused the report to be prepared.
B. Disclosure of an audit report or any information generated by an environmental audit does not waive the privilege established by section 49-1403,  if the disclosure complies with any of the following:
1. Is made to address or correct a matter raised by the environmental audit and is made only to:
(a) A person employed by the owner or operator,  including temporary and contract employees.
(b) A legal representative of the owner or operator.
(c) An officer or director of the regulated facility or operation or a partner of the owner or operator.
(d) An independent contractor retained by the owner or operator,  including its independent external auditors.
2. Is made under the terms of a confidentiality agreement between the person for whom the audit report was prepared or the owner or operator of the audited facility or operation and any of the following:
(a) A partner or potential partner of the owner or operator of the regulated facility or operation.
(b) A transferee or potential transferee of the regulated facility or operation.
(c) A lender or potential lender for the regulated facility or operation.
(d) A governmental official of a state.
(e) A person or entity engaged in the business of insuring,  underwriting or indemnifying the facility or operation.
3. Is made under a claim of confidentiality to a governmental official or agency by the person for whom the audit report was prepared or by the owner or operator.
C. A party to a confidentiality agreement described in subsection B,  paragraph 2 of this section who violates that agreement is liable for damages caused by the disclosure and for any other penalties prescribed in the confidentiality agreement.
D. Information that is disclosed under subsection B,  paragraph 3 of this section is confidential and is not subject to disclosure. An entity,  employee or official of this state who discloses information in violation of this subsection is guilty of a class 1 misdemeanor. It is an affirmative defense to the clerical dissemination of a privileged audit report that the report was not clearly labeled " compliance report: privileged document"  or labeled with words of similar import as prescribed by section 49-1402. The lack of labeling may not be raised as a defense if the entity,  employee or official knew or had reason to know that the document was a privileged audit report.
E. This section shall not be construed to circumvent the protections provided by federal or state law for individuals who disclose information to law enforcement authorities.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-1405 - Exception; disclosure required by court or administrative hearing official

49-1405.
Exception;  disclosure required by court or administrative hearing official
A. A court or administrative hearing official with competent jurisdiction may require disclosure of a portion of an audit report in a civil or administrative proceeding if the court or administrative hearing official determines after an in camera review consistent with the appropriate rules of procedure that any of the following applies:
1. The privilege is asserted for a fraudulent purpose.
2. The portion of the audit report is not subject to the privilege under section 49-1406.
3. The portion of the audit report shows evidence of noncompliance with an environmental law and appropriate efforts to achieve compliance with the law were not promptly initiated and pursued with reasonable diligence after the discovery of the noncompliance.
B. A party seeking disclosure under this section has the burden of proving that subsection A of this section applies.
C. Notwithstanding any other law,  a disclosure decision of an administrative hearing official under subsection A of this section is directly appealable to a court of competent jurisdiction without disclosure of the audit report to any person unless so ordered by the court.
D. A person claiming the privilege to avoid the requested disclosure of materials is subject to sanctions as prescribed by the Arizona rules of civil procedure or to a fine not to exceed ten thousand dollars if the court finds,  consistent with fundamental due process,  that the person intentionally or knowingly claimed the privilege for nonprivileged materials as prescribed by section 49-1406.
E. A court determination under this section is subject to interlocutory appeal to an appropriate appellate court.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-1406 - Nonprivileged materials

49-1406.
Nonprivileged materials
A. The privilege described in this chapter does not apply to:
1. A document,  communication,  datum or report or other information required by a regulatory agency to be collected,  developed,  maintained or reported under an environmental law.
2. Information obtained by observation,  sampling or monitoring by a regulatory agency.
3. Information obtained from a source not involved in the preparation of the environmental audit report.
B. This section does not limit the right of a person to agree to conduct and disclose an audit report.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-1407 - Review of privileged document by governmental authority

49-1407.
Review of privileged document by governmental authority
A. If an audit report is obtained,  reviewed or used in a criminal proceeding,  the administrative or civil evidentiary privilege established by this chapter is not waived or eliminated for any other purpose.
B. Notwithstanding the privilege established by this chapter,  a regulatory agency may review information in an audit report that is required to be available under a specific state or federal law,  but that review does not waive or eliminate the administrative or civil evidentiary privilege except for materials prescribed in section 49-1406.
C. If information is required to be available to the public by operation of a specific state or federal law,  the governmental authority shall notify the person claiming the privilege of the potential for public disclosure before obtaining that information pursuant to subsection A or B of this section.
D. If privileged information is disclosed under subsection B or C of this section,  on the motion of a party,  a court or the appropriate administrative official shall suppress evidence offered in any civil or administrative proceeding that arises or is derived from review,  disclosure or use of information obtained under this section if the review,  disclosure,  or use is not authorized under section 49-1406. A party that has received information under subsection B or C of this section has the burden of proving that the evidence offered did not arise and was not derived from the review of privileged information.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-1501 - Definition of natural gas storage facility

49-1501.
Definition of natural gas storage facility
In this chapter,  unless the context otherwise requires,  " natural gas storage facility"  means a facility that is either underground or above ground with a capacity of at least five hundred thousand cubic feet and that is used primarily for the storage of natural gas,  excluding liquefied natural gas.
Arkansas Code of 1987 (2023) › Title 1 - GENERAL PROVISIONS (§§ 1-1-101 — 1-5-122) › Chapter 1 - GENERAL PROVISIONS (§§ 1-1-101 — 1-1-103) › Section 1-1-101 - Extension of western boundary line

The western boundary line of the State of Arkansas is extended as follows, so as to include all that strip of land in the Indian Territory lying and being situated between the Arkansas state line adjacent to the city of Fort Smith, and the Arkansas River and Poteau River, described as follows, namely: Beginning at a point on the south bank of the Arkansas River one hundred (100) paces west of Old Fort Smith, where the western boundary line of the State of Arkansas crosses the Arkansas River, and running southwesterly along the south bank of the Arkansas River to the mouth of the Poteau; thence at right angles with the Poteau River to the center of the current of that river; thence southerly up the middle of the current of the Poteau River, except where the Arkansas state line intersects the Poteau River, to a point in the middle of the current of the Poteau River opposite the mouth of Mill Creek, and where it is intersected by the middle of the current of Mill Creek; thence up the middle of Mill Creek to the Arkansas state line; thence northerly along the Arkansas state line to the point of beginning.
Acts 1905, No. 41, § 1, p. 124; C. & M. Dig., § 9180; Pope's Dig., § 11865; A.S.A. 1947, § 5-101.
Arkansas Code of 1987 (2023) › Title 1 - GENERAL PROVISIONS (§§ 1-1-101 — 1-5-122) › Chapter 1 - GENERAL PROVISIONS (§§ 1-1-101 — 1-1-103) › Section 1-1-102 - Signature by mark

In addition to the provisions of §§
4-3-401
,
7-5-305
,
7-7-308
,
27-14-705
, and
28-25-103
, a signature by mark on a document is legal for the purposes of executing the document if the signature is:
(1)
Made by a person who at the time of signature lacks the ability to:
(A)
Write; or
(B)
Sign his or her name; and
(2)
Witnessed by at least one (1) disinterested person.
Acts 2009, No. 412, § 1.
Arkansas Code of 1987 (2023) › Title 1 - GENERAL PROVISIONS (§§ 1-1-101 — 1-5-122) › Chapter 2 - THE CODE AND REGULATIONS (§§ 1-2-101 — 1-2-504) › Subchapter 1 - GENERAL PROVISIONS (§§ 1-2-101 — 1-2-125) › Section 1-2-101 - Legislative intent of Code

(a)
It is the intent of the General Assembly that this Code, the Arkansas Code of 1987 Annotated, be a recodification, revision, modernization, and reenactment of the laws of Arkansas of a general and permanent nature which are currently in force.
(b)
It is the intent of the General Assembly that this Code resolve conflicts which exist in the laws and to repeal those laws which:
(1)
Are obsolete as a result of the passage of time or other causes;
(2)
Have been declared unconstitutional or invalid; or
(3)
Have been superseded by the enactment of later laws.
(c)
Except as otherwise specifically provided, the enactment of this Code by the General Assembly is not intended to alter the substantive law in existence on the effective date of this Code. It is not the purpose of the enactment of this Code to change or alter the effect of any law in existence on December 31, 1987.
Acts 1987, No. 267, § 1.
Arkansas Code of 1987 (2023) › Title 1 - GENERAL PROVISIONS (§§ 1-1-101 — 1-5-122) › Chapter 2 - THE CODE AND REGULATIONS (§§ 1-2-101 — 1-2-504) › Subchapter 1 - GENERAL PROVISIONS (§§ 1-2-101 — 1-2-125) › Section 1-2-102 - Enactment of Code

(a)
The statutory portion of the codification of Arkansas laws prepared by the Arkansas Code Revision Commission and the Michie Company pursuant to a contract entered into on August 1, 1984, is enacted and shall have the effect of statutes enacted by the General Assembly of the State of Arkansas.
(b)
The statutory portion of the codification shall be merged with annotations, captions, catchlines, history lines, editorial notes, cross references, indices, title, chapter, and subchapter analyses, and other materials pursuant to the contract and shall be published by authority of the state pursuant to the contract.
Acts 1987, No. 267, § 1.
Arkansas Code of 1987 (2023) › Title 1 - GENERAL PROVISIONS (§§ 1-1-101 — 1-5-122) › Chapter 2 - THE CODE AND REGULATIONS (§§ 1-2-101 — 1-2-504) › Subchapter 1 - GENERAL PROVISIONS (§§ 1-2-101 — 1-2-125) › Section 1-2-103 - Repeal of prior laws by Code - Exceptions

(a)
All acts, codes, and statutes, and all parts of them and all amendments to them of a general and permanent nature in effect on December 31, 1987, are repealed unless:
(1)
Expressly continued by specific provision of this Code;
(2)
Omitted improperly or erroneously as a consequence of compilation, revision, or both, of the laws enacted prior to this Code, including, without limitation, any omissions that may have occurred during the compilation, revision, or both, of the laws composing this Code; or
(3)
Omitted, changed, or modified by the Arkansas Code Revision Commission, or its predecessors, in a manner not authorized by the laws or the constitutions of Arkansas in effect at the time of the omission, change, or modification.
(b)
In the event one of the above exceptions should be applicable, the law as it existed on December 31, 1987, shall continue to be valid, effective, and controlling.
Acts 1987, No. 267, § 4.
Arkansas Code of 1987 (2023) › Title 1 - GENERAL PROVISIONS (§§ 1-1-101 — 1-5-122) › Chapter 2 - THE CODE AND REGULATIONS (§§ 1-2-101 — 1-2-504) › Subchapter 1 - GENERAL PROVISIONS (§§ 1-2-101 — 1-2-125) › Section 1-2-104 - Omission of validating and curative acts from Code

The omission from this Code of any act or section or part of a section of an act passed prior to the adoption of this Code shall in no way operate or be construed to repeal or destroy the effect of any act or section or part of a section where the act or section or part of a section has been otherwise lawfully passed, is not in conflict with the United States Constitution or the Arkansas Constitution of 1874, and:
(1)
Validates any bonds, notes, warrants, certificates, or other evidences of indebtedness issued by any officer, political subdivision, or instrumentality of this state;
(2)
Validates any action or cures any defect of any action of any public officer, political subdivision, or instrumentality of this state;
(3)
Cures any defect in any title to property; or
(4)
Validates any action or cures any defect in any action of any person, natural or artificial, public or private.
Acts 1987, No. 267, § 1.
Arkansas Code of 1987 (2023) › Title 1 - GENERAL PROVISIONS (§§ 1-1-101 — 1-5-122) › Chapter 2 - THE CODE AND REGULATIONS (§§ 1-2-101 — 1-2-504) › Subchapter 1 - GENERAL PROVISIONS (§§ 1-2-101 — 1-2-125) › Section 1-2-105 - Adoption of Code not to affect certain acts

The adoption of this Code shall not be construed to repeal any act or section or part of a section of an act in effect on December 31, 1987, and omitted from this Code, which:
(1)
Is of a local or special nature;
(2)
Relates to or applies to only one (1) county, municipality, political subdivision, district, or territory;
(3)
Applies to one (1) or more counties, municipalities, political subdivisions, districts, or territories on the basis of population;
(4)
Applies to one (1) or more counties, municipalities, political subdivisions, districts, or territories on the basis of the number of counties, municipalities, political subdivisions, districts, or territories;
(5)
Applies to one (1) or more judicial districts or one (1) or more counties within a judicial district, whether by specific reference thereto or by some other method of identification or classification;
(6)
Establishes the amount or rate of salary or compensation of any state officer or employee or any other person whose salary or compensation is paid by this state, in whole or in part, or which establishes minimum or maximum amounts or sets specific amounts of salary or compensation or which provides additional compensation for the performance of specified services or duties; or
(7)
Appropriates funds from any source.
Acts 1987, No. 267, § 1.