As calls for a moratorium on data center development gain traction in Arizona, the Arizona ˿����Ƶ of Commerce & Industry is offering supporters a chance to take that position to its logical conclusion.

The ˿����Ƶ’s new Arizona Offline Pledge asks those calling for a blanket moratorium to also commit to giving up the many everyday technologies and services made possible by data center infrastructure.

“If you’re willing to call for a moratorium on data centers, it stands to reason you’d be willing to give up all the modern conveniences they make possible,” said Arizona ˿����Ƶ Executive Vice President Courtney Coolidge. “So we decided to put together a pledge for anyone who wants to put that position into practice.”

The pledge asks moratorium supporters to commit to going without things like social media, artificial intelligence, streaming services, online banking and digital payments, cloud storage, GPS navigation, video conferencing, telehealth, and other cloud-based services.

Though tongue-in-cheek, the pledge highlights a broader point: data centers support far more than AI. They provide the digital infrastructure behind banking, cybersecurity, health care, logistics, advanced manufacturing, public safety communications, and many of the online services Arizonans use every day.

The ˿����Ƶ argues that Arizona should have serious conversations about where data centers are located, how they’re developed and what responsible growth looks like, but that a blanket moratorium would ignore both the role this infrastructure already plays in daily life and its growing importance to Arizona’s economy.

“Concerns from communities shouldn’t be dismissed, and we aren’t suggesting a data center belongs on every corner,” Coolidge said. “But Arizona has never responded to difficult growth challenges by simply stopping. We solve problems.”

Arizona is already showing what that can look like, from water-efficient technologies to policies designed to ensure large energy users pay the infrastructure costs associated with their growth.

“Arizona has spent decades building a reputation as a state that tackles difficult problems and welcomes innovation,” Coolidge said. “Leadership means addressing legitimate concerns, protecting Arizona families and building responsibly without losing sight of the infrastructure our residents and economy increasingly depend on.”

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The Arizona ˿����Ƶ of Commerce & Industry has joined a coalition asking the U.S. Supreme Court to review a federal air-quality rule that business groups say could make it more difficult to permit new manufacturing, energy and infrastructure projects. 

The petition, filed Friday, challenges a 2024 Environmental Protection Agency (“EPA”) National Ambient Air Quality Standard (“NAAQS”) revision that tightened the national standard for fine particulate matter, commonly known as PM2.5. The revision lowered the annual standard from 12 micrograms per cubic meter to 9, a 25% reduction.    

PM2.5 refers to microscopic particles in the air that are small enough to be inhaled deep into the lungs. Under the Clean Air Act, communities that do not meet federal air-quality standards can face additional regulatory requirements, while businesses seeking to build or expand major facilities can face more stringent permitting requirements. 

For businesses, the practical effect is in permitting. The new standard can tighten pre-construction permitting even in areas that met the previous standard, requiring companies to demonstrate that a new or expanded facility will not push air pollution above the federal limit. In areas deemed out of compliance, or “nonattainment,” new projects can face even stricter emissions requirements. 

“Arizona can protect clean air and continue to grow, but we have to be realistic about what these rules mean on the ground,” Arizona ˿����Ƶ President and CEO Danny Seiden said. “When a federal standard makes it harder to permit a new manufacturing plant, energy project or piece of critical infrastructure, that has consequences for investment, jobs and our ability to compete. Businesses need tough rules to also be clear, lawful and workable.” 

The case centers on the process EPA used to adopt the stricter standard. 

The Clean Air Act directs EPA to conduct a “thorough review” of national ambient air-quality standards every five years. The business coalition argues that when the Biden administration’s EPA revised the NAAQS outside that normal cycle, EPA did not complete the same comprehensive scientific review required for a regular five-year revision. The petition says it was the first time EPA had revised a national air-quality standard without completing such a review. In doing so, the EPA also failed to consider the costs of undertaking a discretionary off-cycle review.  

“The issue here is whether EPA can make a major change to an air-quality standard without going through the full review Congress required,” said Vanessa Pomeroy, deputy general counsel and chief counsel of the Arizona ˿����Ƶ Legal Center. “Our position is that it can’t. When a rule can affect permitting, investment and major projects across the country, the process matters.” 

The case has taken an unusual turn since the rule was adopted. 

After initially defending the 2024 rule, the current EPA reversed its position and asked the U.S. Court of Appeals for the D.C. Circuit to vacate the rule, agreeing that the prior administration had not followed the required process and had failed to properly consider costs associated with initiating an off-cycle review. The D.C. Circuit rejected both the business groups’ challenge and EPA’s request and left the rule in place in June. 

The Arizona ˿����Ƶ, U.S. ˿����Ƶ of Commerce, National Association of Manufacturers and other industry groups are now asking the Supreme Court to review that decision. Arizona legislative leaders are also among the petitioners. 

The permitting challenge is compounded by the fact that much of the particulate matter in the air comes from sources businesses cannot directly control. More than 84% comes from non-point sources such as wildfires, construction and road dust, while industrial sources and power plants account for about 16%. 

For Arizona, the case could help determine how easily federal air-quality standards can be tightened outside the normal review cycle and what that means for permitting, investment and major projects. 

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The Maricopa County Stadium District has appointed senior business executive Mark Winkleman as Executive Director.

Winkleman will serve as the Stadium District’s CEO and administrative lead – overseeing the organization’s finances and operations, and representing the group with public officials, community stakeholders and the Arizona Diamondbacks. He reports to a 9-member Stadium District Board of Directors that was created as part of legislation signed into law last year by Gov. Katie Hobbs. Chief of among the Stadium District’s responsibilities: managing $500 million worth of tax-funded renovations at Chase Field, home of the Arizona Diamondbacks in downtown Phoenix.

Winkleman called his appointment “an honor,” adding: “My goal is to further the District’s mission by protecting and enhancing this important public asset, providing disciplined and transparent stewardship of public resources, and working collaboratively with the Arizona Diamondbacks. I believe we can successfully modernize Chase Field while maintaining strong accountability to taxpayers and ensuring that the stadium continues to provide long-term value to our community and the State of Arizona.”

Danny Seiden, president & CEO of the Arizona ˿����Ƶ of Commerce & Industry, welcomed Winkleman to the leadership role, and said the Stadium District has a vital mission to ensure Chase Field remains an essential community asset and landmark.

“Arizona loves the Diamondbacks, and the business community has worked hard to ensure they continue to have a great home right here in downtown Phoenix,” Seiden said. “I can’t wait to see the results as the Diamondbacks and Maricopa County Stadium District modernize Chase Field for the millions of people who visit this beautiful facility every year.’

Winkleman brings to the position more than four decades of executive, public-sector, real estate, legal and governance experience. He’s the founder and President of MGS Realty Partners, Inc., through which he has advised boards, investors and family offices on real estate strategy, governance, acquisitions, financing, redevelopment and asset management. Earlier, Winkleman served as Arizona State Land Commissioner, a role in which he led the Arizona State Land Department and managed State Trust land totaling 9.3 million acres.

“More than 500 people applied for this position, and Mark’s experience in leading both private and public organizations set him apart from the other candidates” said Board Chairman John Graham. “The Board is pleased to have such an experienced and qualified individual to be our chief executive.”

Winkleman, who earned his business degree from the University of Kansas and law degree from the University of Virginia, has held numerous Arizona civic and nonprofit leadership positions. He is former chairman of ULI Arizona, the McDowell Sonoran Conservancy and Valley Partnership, and served on boards of directors for the City of Phoenix Industrial Development Authority and Arizona State Parks.

Photo courtesy: “” by ,

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This opinion column from Arizona ˿����Ƶ of Commerce & Industry President and CEO Danny Seiden was originally published by .

There’s an argument gaining traction in Arizona that sounds simple enough. We live in the desert. The Colorado River is drying up. So maybe Arizona needs to stop growing.

I understand why that resonates. If you’re watching Lake Mead fall, hearing about federal water cuts, and then reading about another semiconductor plant, housing development or data center, it’s easy to assume they’re all fighting over the same shrinking glass of water.

They’re not.

 in The Republic last week. He’s right about the seriousness of the situation. He’s right that Arizona could face the deepest cuts in the basin. He’s right that not every project penciled out on paper deserves to be built. But he’s dead wrong about the most important thing: Arizona’s growth is not the cause of the shortage, and building less won’t fix it.

Start with the water itself. Arizona doesn’t have one giant bucket that every home, farm and employer draws from. Different communities rely on different combinations of Colorado River water, groundwater, in-state surface water, reclaimed water and stored supplies.

Agriculture is by far the largest user of water in Arizona.  of the state’s total. That doesn’t mean industry gets a free pass or that every project belongs everywhere. It means that when someone tells you Arizona’s water crisis is a growth problem, they’re pointing at the smallest slice on the plate.

Here’s the part almost nobody explains. In much of Arizona, when irrigated farmland becomes housing, that land uses less water than it did before. An acre of cotton uses more water than an acre of houses. The new subdivision isn’t adding demand. It’s reducing it. That’s the entire premise behind the ag-to-urban law the Legislature and Gov. Katie Hobbs .

That kind of efficiency is nothing new for us. Arizona has added millions of residents over the past 40 years while using roughly the same amount of water it used decades ago. We did it by investing in conservation, reuse, recharge and storage. Growth didn’t prevent those investments. Growth helped pay for them.

Data centers deserve a straight answer, because they’ve become the villain in this story. They are not all built or cooled the same way, and newer facilities increasingly use closed-loop and air-cooled systems designed to cut water demand. Large industrial projects should also be expected to help pay for the treatment, reuse, and infrastructure their growth requires. If those expectations need to be tougher, make them tougher. It’s not a reason to stop building.

What gets lost in that debate is what growth actually pays for.

When a major employer invests billions of dollars here, it hires people, supports suppliers and small businesses and pays into the tax base at a higher rate than a homeowner does. Those revenues help pay for roads, schools and public safety. Take that growth off the table and those bills don’t disappear. They just fall more heavily on the people already here.

Housing is part of this equation too. Arizona already has an affordability problem. If our answer to water scarcity is simply to build less, we should be honest about what comes with that: fewer homes, tighter supply and your kids priced out of the state they grew up in.

None of this means Arizona should approve every development proposed anywhere.

A 100-year assured water supply designation shouldn’t, in fact, count as proof of anything if it rests on optimistic assumptions about water nobody has found yet. A designation is a document. It is not water. If a project can’t demonstrate a real supply, it shouldn’t be built.

That’s responsible growth. It’s a completely different argument from “Arizona’s growth is the problem.”

And that difference matters right now, because the second version lets Washington off the hook.

The federal government is weighing Colorado River rules that could force Arizona into the deepest reductions in the basin while asking far less of other states. We’ve already conserved. We’ve already invested. We’ve already planned for a smaller river. Arizona’s leaders, Republican and Democrat, have been united in saying every state drawing from this river needs to share the responsibility.

There are hard choices ahead. Water will get more expensive. We’ll need more conservation, more reuse, more infrastructure and more new supplies. Some proposed developments won’t make sense in some places.

But retreating from growth isn’t a water strategy.

The river drew a boundary. It didn’t draw a wall around Arizona’s economy. Building less won’t refill Lake Mead. All it will do is make life more expensive for the people already living here.

Danny Seiden is the president and CEO of the Arizona ˿����Ƶ of Commerce & Industry.

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The Arizona ˿����Ƶ of Commerce & Industry has been named the recipient of the 2026 Conference of State Manufacturers Associations Leadership Award, a national honor recognizing work on behalf of the manufacturing sector.

The National Association of Manufacturers this week during COSMA’s annual meeting in Colorado Springs, Colorado.

COSMA members serve as the NAM’s official state partners, representing manufacturing priorities at the state level while helping elevate federal policy issues from across the country. A selection committee made up of previous award recipients evaluates nominees based on advocacy, organizational excellence, innovation, industry promotion and growth.

The Arizona ˿����Ƶ was selected in part for its work on a first-in-the-nation federal air-quality policy outcome affecting the Phoenix-Mesa region.

Earlier this year, the U.S. Environmental Protection Agency approved Arizona’s Clean Air Act Section 179B demonstration, preventing the region from being reclassified to “Serious” ozone nonattainment based on pollution originating largely outside the state’s control.

The ˿����Ƶ and Arizona Manufacturers Council had spent years advocating for the change alongside state, regional and federal partners. The decision spared manufacturers and other employers from additional permitting requirements, emissions-offset mandates and other regulatory costs that would not have addressed the primary sources of the region’s ozone levels.

“The Arizona ˿����Ƶ of Commerce & Industry has blazed a trail for all manufacturers by helping the EPA align federal policy with scientific reality and pragmatic solutions,” said Michele Siekerka, president and CEO of the New Jersey Business & Industry Association and COSMA chair.

Siekerka said the Arizona effort provides other states with “a replicable playbook for collaborative and effective advocacy.”

NAM President and CEO Jay Timmons also cited Arizona ˿����Ƶ President and CEO Danny Seiden’s bipartisan approach and broader advocacy on behalf of manufacturers.

“Danny Seiden exemplifies the best of manufacturing association leadership in the United States,” Timmons said. “By leading with integrity, focusing on bipartisan solutions and delivering an impact across our sector and the communities we serve, Danny has earned wide respect not only from the business community but lawmakers of both parties and at all levels.”

Timmons said manufacturers and families across Arizona benefit from Seiden’s “care, drive and stewardship,” adding that the NAM was proud to recognize his advocacy.

Seiden said the award reflects the work of the ˿����Ƶ’s staff, members and partner organizations across a range of policy and economic-development priorities.

“We’re grateful to COSMA and the NAM for this recognition,” Seiden said. “It means even more coming from organizations that understand the work it takes to support a strong manufacturing sector.”

He said the ˿����Ƶ’s efforts have included work on federal air-quality policy, building public support for new investment and advancing the infrastructure needed to support Arizona’s continued economic growth.

“This award reflects the effort of our entire team, our members and the partners who have worked alongside us,” Seiden said.

The Arizona ˿����Ƶ works with the Arizona Manufacturers Council to advocate for policies affecting manufacturers across the state, including regulatory, workforce, infrastructure and economic-development issues.

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A broad coalition of U.S. business organizations, including the Arizona ˿����Ƶ of Commerce & Industry and the Arizona Manufacturers Council, is urging Congress to approve a long-term reauthorization of the Export-Import Bank of the United States (EXIM), arguing the agency plays a critical role in helping American manufacturers compete globally.

In a July 21 letter to lawmakers, 319 companies, trade associations, state chambers of commerce, manufacturers’ groups and local business organizations from all 50 states called on Congress to pass a robust 10-year reauthorization of EXIM before its authorization expires later this year.

The coalition argues that export financing has become an increasingly important competitive tool as foreign governments expand support for their domestic industries. The letter notes that more than 115 foreign export credit agencies are actively supporting exporters in their respective countries and points to China’s estimated $24 billion in medium- and long-term export credit support in 2024, more than four times the volume officially supported by the United States.

“EXIM is an essential tool that helps American exporters compete globally and level the playing field,” the organizations wrote, adding that the bank’s financing programs can determine whether U.S. companies win international contracts, expand operations and create jobs.

According to the coalition, EXIM authorized $8.7 billion in transactions during fiscal year 2025, supporting approximately 40,000 American jobs. More than 87% of those transactions directly benefited small businesses. Since 1992, the bank has generated a net $9.8 billion for the U.S. Treasury while maintaining a low default rate.

“Arizona manufacturers compete in a global marketplace every day. The Export-Import Bank helps ensure that American companies aren’t forced to compete with one hand tied behind their backs while foreign governments aggressively finance their own industries,” Arizona Manufacturers Council Executive Director Grace Appelbe said. “A long-term reauthorization of EXIM will provide the certainty businesses need to invest, grow, and support high-quality manufacturing jobs here in Arizona and across the country, which is why we’re urging Congress to act.”

Beyond extending the agency’s authorization for a decade, the letter calls on Congress to strengthen EXIM’s ability to operate during board vacancies, expand its China and Transformational Exports Program, and revise lending restrictions that the coalition says unnecessarily limit the bank’s competitiveness against foreign export credit agencies.

Arizona organizations signing the letter include the Arizona ˿����Ƶ of Commerce & Industry, Arizona Manufacturers Council, Arizona Regional Economic Development Foundation, Buckeye Valley ˿����Ƶ of Commerce, Chandler ˿����Ƶ of Commerce, Coolidge ˿����Ƶ of Commerce, Fountain Hills ˿����Ƶ of Commerce, Greater Phoenix ˿����Ƶ, Mesa ˿����Ƶ of Commerce, Nogales Santa Cruz County ˿����Ƶ of Commerce, PHX East Valley Partnership, Scottsdale Area ˿����Ƶ of Commerce, and The ˿����Ƶ of Southern Arizona. The National Association of Manufacturers coordinated the nationwide sign-on effort, which drew support from major corporations including Boeing, Ford Motor Co., Lockheed Martin, Siemens Energy, Toyota Motor North America and the U.S. ˿����Ƶ of Commerce, along with hundreds of state and local business organizations.

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The Arizona Supreme Court has declined to review a legal challenge involving a planned hotel development in Marana, leaving in place an appellate ruling that the project’s development agreement is not subject to referendum.

The Arizona ˿����Ƶ of Commerce & Industry participated through the Arizona ˿����Ƶ Legal Center, filing an amicus curiae brief urging the Supreme Court to let the lower court ruling stand.

“This is a significant result for Marana and for communities across Arizona that rely on a predictable development process,” said Vanessa Pomeroy, chief counsel of the Arizona ˿����Ƶ Legal Center. “The courts have now consistently recognized that the referendum power cannot be used to reopen every administrative action taken to implement a land-use plan that has already been publicly considered and adopted. Businesses need to know that when they follow the rules and a project receives the required approvals, those decisions will carry some measure of finality.”

The case began after Marana rejected referendum petitions challenging a development agreement for a planned hotel project. A Pima County Superior Court judge sided with the town, and the Arizona Court of Appeals later upheld that ruling, finding the agreement carried out an existing development plan and was therefore not subject to referendum.

The agreement covers approximately 19 acres of town-owned property near Marana Main Street and Civic Center Drive and is tied to the Rancho Marana West Town Center Specific Plan, adopted in 2008. The plan calls for a mixed-use town center that could include commercial, retail, office, entertainment, residential and hospitality uses.

Arizonans for Responsible Development sought to place the Town Council’s approval of the agreement before voters. Marana declined to process the petitions, arguing that the resolution implemented an existing development plan rather than creating new policy.

That distinction is central under Arizona law. Legislative actions can generally be challenged through referendum, while administrative actions ordinarily cannot.

In its June ruling, the Court of Appeals said the development agreement “furthers an already-declared policy” and concluded that the resolution was “not legislative but administrative and is therefore not referable.”

The court also rejected the challengers’ broader argument that all municipal development agreements are automatically subject to referendum, finding that state law does not eliminate the traditional distinction between legislative and administrative actions.

Pomeroy said the outcome matters beyond the Marana project because businesses, developers and local governments rely on clear rules and dependable timelines when making investment decisions.

“The referendum is an important constitutional safeguard, but it’s not a tool for creating perpetual uncertainty around approved development,” Pomeroy said. “There has to be a clear line between creating new policy and implementing policy that has already been adopted. That distinction matters for communities, employers and developers trying to move projects forward.”

The Supreme Court’s decision leaves the appellate ruling intact, ending the challengers’ effort to place the development agreement before voters.

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The U.S. Forest Service earlier this month issued the Final Record of Decision (ROD) for the Hermosa Critical Minerals Project in Southern Arizona’s Patagonia Mountains, completing the federal environmental review required for portions of the project planned on National Forest land. The decision follows several years of environmental study, public input, tribal and interagency consultation. 

Project developer South32 says Hermosa could produce up to five federally designated critical minerals, including zinc, silver, and manganese. The project includes a broader land package with potential for additional polymetallic and copper mineralization, positioning it as a significant domestic source of minerals tied to energy, manufacturing and supply-chain needs. 

The decision paves the way for South32 to fully develop the project beyond its privately held land, including building ancillary infrastructure such as a primary access road, a secondary dry-stack tailings facility, and allowing utility UniSource Energy Services to build a portion of a 138-kV power line on Coronado National Forest land.  

Construction is already halfway complete on private land. It was the first mining project accepted into the federal FAST-41 permitting program, which is reserved for nationally significant infrastructure projects meeting rigorous criteria.  

“From the beginning, we designed Hermosa to be a different kind of mine, and the federal review process helped make it even better,” South32 Hermosa President Pat Risner said. “Years of agency review, Tribal consultation and community engagement strengthened environmental protections, informed project refinements and shaped a project that can transform the local economy. We are grateful to everyone who participated throughout the process and look forward to continuing that engagement as we move from construction and development into operations.” 

The Final ROD also represents an important milestone in the broader national conversation around domestic critical mineral development and permitting reform. Hermosa’s advancement under FAST-41 did not reduce the thoroughness of environmental review or limit public input. Rather, the process helped improve interagency coordination, transparency, and accountability across federal agencies while ensuring the project moved through permitting in a timely and disciplined manner.  

Danny Seiden, president and CEO of the Arizona ˿����Ƶ of Commerce & Industry, said the Hermosa project also demonstrates the value of a predictable and transparent permitting process. 

“South32’s Hermosa project represents the kind of investment Arizona needs to strengthen domestic supply chains, support critical minerals production, and create long-term jobs in Santa Cruz County and across the state,” he said. “It’s also a model for how permitting should work. Hermosa has gone through years of environmental review, public input, and interagency consultation, and the project remains on track under the federal permitting schedule. That’s the kind of predictable, transparent process Arizona needs more of if we want to lead in industries critical to our economy and national security.” 

Over the course of the review process, Hermosa underwent extensive federal environmental analysis and consultation including more than 120 days of formal public comment periods, coordination across six federal and state agencies and consultation with 12 Tribes with historic affiliation to the region. 

“If we’re serious about bringing supply chains back to America and reducing our dependence on foreign countries, we need to responsibly produce more critical minerals here at home. This is exactly what the Hermosa project is doing,” said U.S. Senator Mark Kelly (D-Ariz.). “This milestone shows we can move projects through an efficient permitting process to create good-paying jobs while strengthening our national security.” 

South32 conducted extensive baseline environmental studies and community engagement before permit applications were formally submitted, allowing project alternatives, water management approaches, access roads and mitigation measures to be shaped by stakeholder input early in the process. 

The Final ROD confirms that environmental protections, mitigation commitments, and adaptive management measures are integrated into the approved project. Throughout the review process, South32 refined Hermosa’s design in response to agency feedback, Tribal consultation and community input, including: 

• Redesign of the dry-stack tailings facility to avoid sensitive plant species; 
• Design of a Primary Access Road, necessary for expansion, to also reduce traffic impacts to Patagonia and outdoor recreation areas; 
• Surface and ground water quality and quantity monitoring beyond state level requirements; 
• Wildlife crossings and habitat protections; 
• Cultural resource avoidance measures; and 
• Operational refinements are designed to reduce emissions, noise, and surface disturbance. 

In total, South32 committed to more than 135 conservation, mitigation and monitoring measures developed in coordination with federal agencies, Tribes and local stakeholders. Many of those commitments will become federally enforceable components of the final Mine Plan of Operations, and associated management plans outlined in the Final ROD. 

“The Final Record of Decision for Hermosa is another important milestone for Nogales. It reflects years of collaboration to ensure the Hermosa project is developed in a way that balances economic opportunity with environmental stewardship,” said Nogales Mayor Jorge Maldonado. “South32 is making a long-term investment in the people and future of Nogales through investments like its remote operating center “Centro”. Hermosa has the potential to create new opportunities to support good-paying jobs and help ensure that more of our young people can build successful careers right here at home, and we appreciate South32’s commitment to developing Hermosa responsibly while creating opportunities for local families, students and businesses.” 

With a surface footprint of 750 acres and projected to use approximately 90% less water than other mines in the region, South32 designed Hermosa to minimize its environmental impact. Once in operation, Hermosa would help transform and grow the local economy and create up to 900 good-paying jobs during peak operations, and support investment across surrounding communities for decades to come. 

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The Arizona Court of Appeals Division Two has upheld a lower court ruling in favor of the Town of Marana in a referendum dispute tied to a planned hotel development.

In a memorandum decision filed June 23, the Court of Appeals affirmed the Pima County Superior Court’s ruling denying requests from Arizonans for Responsible Development to force Marana to process referendum petitions challenging a town development agreement.

The case centered on a Marana resolution approving a development agreement for approximately 19 acres of town-owned property near Marana Main Street and Civic Center Drive. The agreement is tied to the Rancho Marana West Town Center Specific Plan, which was adopted in 2008 and contemplated a mixed-use town center with commercial, retail, office, institutional, entertainment and residential uses.

Arizonans for Responsible Development submitted referendum petitions seeking to refer the resolution to voters. Marana rejected the petitions, arguing the resolution implemented previously adopted policy and was administrative rather than legislative. Under Arizona law, legislative acts may be subject to referendum, while administrative acts generally are not.

The superior court sided with Marana earlier this year, finding the resolution was administrative and not subject to referendum. The Court of Appeals agreed.

The Arizona ˿����Ƶ of Commerce & Industry participated in the case as amicus curiae through the Arizona ˿����Ƶ Legal Center.

“This decision is an important affirmation of the principle that referendum powers cannot be used to relitigate every administrative step needed to carry out an already-approved development plan,” said Mike Bailey, general counsel and director of legal reform programs for the Arizona ˿����Ƶ. “Arizona’s referendum process is an important constitutional right, but there has to be a clear line between creating new policy and implementing policy that has already gone through the public process. That distinction matters for communities, employers and developers who need certainty to move projects forward.”

In its decision, the Court of Appeals said the Marana resolution did not create new policy. Rather, the court found that the development agreement implemented the requirements of the Rancho Marana West Town Center Specific Plan Amendment, which had already been adopted by a 2008 ordinance.

The court wrote that the development agreement “furthers an already-declared policy” and later concluded the resolution was “not legislative but administrative and is therefore not referable.”

The court also rejected the challengers’ broader statutory argument that all development agreements are automatically subject to referendum under Arizona law. The court said Arizona statute does not expand the traditional limits on local referendum power and noted that if the Legislature intended to make all development agreements subject to referendum, “it could have said so clearly.”

Bailey said the ruling is especially important as Arizona communities work to advance projects that support housing, hospitality, commercial development and job creation.

“Economic development depends on a process that is transparent, predictable and fair,” Bailey said. “When a community has already adopted a plan, and a later action simply carries out that plan, businesses should not face endless uncertainty over whether that implementation step can be delayed or derailed. This ruling helps reinforce that common-sense boundary.”

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The Arizona Legislature wrapped up its 2026 session after 153 days, leaving the state’s business community with a mix of accomplishments to celebrate and concerns about Arizona’s long-term competitiveness.

Business leaders pointed to several significant victories, including expanded health coverage options for small employers, additional infrastructure funding to support economic development projects, preservation of key economic development tools, and a bipartisan budget that avoided broad-based tax increases. At the same time, they expressed concern about reductions to public university funding, the repeal of a longstanding job-creation incentive, and policy changes affecting future data center investment.

“Like most sessions in divided government, this legislative session delivered a mixed bag of results for job creators,” said Courtney Coolidge, executive vice president of the Arizona ˿����Ƶ of Commerce & Industry. “The good news is that Arizona continues to demonstrate a commitment to economic growth, competitive tax policy, and job creation. The challenge moving forward is ensuring we don’t undermine the very advantages that have made Arizona one of the most attractive places in the country to invest and grow.”

Among the business community’s top priorities this year was legislation aimed at helping small employers provide affordable health coverage to workers.

HB 2693, sponsored by Rep. David Livingston and signed into law by Gov. Katie Hobbs, creates a pathway for small businesses to join together through a statewide business organization to purchase health coverage. Supporters say the measure will allow smaller employers to increase purchasing power, reduce costs, and provide more stable benefit options.

“Small businesses often face the greatest challenges when it comes to offering competitive health benefits,” Coolidge said. “This legislation creates a voluntary, market-based option that gives employers more flexibility and employees more choices.”

Another significant victory came through the state budget, which included additional funding capacity for Arizona’s Public Infrastructure Program, a tool frequently used to support large-scale economic development projects.

The program helps communities finance roads, water systems, and other infrastructure needed to accommodate major investments. It has been utilized in projects involving companies such as TSMC, Intel, Amkor, and LG Energy Solution Arizona.

“Arizona’s economic success depends on our ability to compete for transformational projects,” Arizona Manufacturers Council Executive Director Grace Appelbe said. “Those investments don’t happen without infrastructure, and communities need tools that allow them to prepare for growth.”

The ˿����Ƶ also praised lawmakers for largely preserving the Arizona Competes Fund, one of the state’s primary economic development incentives. Early budget discussions included proposals to sweep money from the fund to help address budget shortfalls, but the final agreement maintained most of the program.

In addition, the budget included full conformity with recent federal tax changes, avoided broad-based business tax increases, and provided funding to support Arizona’s ongoing Colorado River negotiations.

Still, business leaders say several decisions made during the session could create challenges in the years ahead.

One of the biggest concerns was the repeal of the Quality Jobs Tax Credit, a program designed to encourage companies to create high-wage jobs and make major capital investments in Arizona.

The ˿����Ƶ also expressed concern over a three-year pause on issuing new sales tax exemption certificates for future data center projects. While existing projects will continue under current agreements, supporters of the incentive argue that uncertainty surrounding future projects could make Arizona less competitive in attracting additional investment.

“The state’s economic momentum didn’t happen by accident,” Coolidge said. “For years, Arizona has built a reputation for consistency and predictability. We don’t want to send a message to investors that they can’t plan for the long-term.”

Higher education funding remains another area of concern for the business community.

Arizona employers have increasingly emphasized the importance of workforce development as the state’s economy continues to expand. Business advocates warned that cuts to public universities could affect the talent pipeline needed to support growth in industries ranging from advanced manufacturing and semiconductors to healthcare and technology.

“Workforce remains one of the defining economic issues facing Arizona,” Coolidge said. “If we want to continue attracting investment and creating opportunity, we have to continue investing in the talent that makes those opportunities possible.”

Attention will now shift from the Legislature to voters, who will weigh in on several measures referred to the ballot by lawmakers, as well as potential citizen initiatives that are still gathering signatures.

For Arizona employers, the end of the legislative session marks the beginning of another important phase in shaping the state’s economic future.

“Arizona remains in a strong position,” Coolidge said. “In the months ahead, we’ll encourage voters to elect leaders who will continue making the decisions necessary to stay ahead of states that are competing for the same jobs, investments, and talent.”

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