ARIZONA STATE LEGISLATURE

 

SENATE NATURAL RESOURCES AND RURAL AFFAIRS AND HOUSE ENVIRONMENT COMMITTEE OF REFERENCE

SUNSET HEARING OF ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY

 

Minutes of the Meeting

Thursday, November 13, 2008

9:00 a.m., Senate Hearing Room 1

 

 

Members Present:

Senator Chuck Gray, CoChair

Representative Ray Barnes, CoChair

Senator Amanda Aguirre

Senator Sylvia Allen

Senator Robert Blendu

 

Representative Barbara McGuire

Representative Michele Reagan

 

Members Absent:

Senator Marsha Arzberger

Representative Martha Garcia

Representative Bob Robson

 

 

Staff:

Jake Agron, Senate Assistant Research Analyst

 

Co-Chairman Gray called the meeting tor order at 9:15 a.m.

 

OVERVIEW OF THE DEPARTMENT

 

Steve Owens, Director, Arizona Department of Environmental              Quality (ADEQ), testified and answered questions posed by the Committee members.

 

Nancy Wrona, Director, Air Quality Division, Arizona Department of Environmental Quality, testified regarding Praxair and other companies in Arizona that emit dangerous chemicals into the air and answered questions posed by the Committee members.

 

Patrick Cunningham, Deputy Director, Arizona Department of Environmental Quality, testified regarding ADEQ’s regulatory agenda for 2008 and answered questions posed by the Committee members.

 

Joan Carter, Director, Water Quality Division, Arizona Department of Environmental Quality, testified regarding ADEQ’s permitting process and answered questions posed by the Committee members.

RECOMMENDATIONS

 

Representative Barnes moved that the Committee of Reference make the recommendation to have the Legislature consider continuing the Arizona Department of Environmental Quality for two years with the understanding that no             WCI (Western Climate Initiative) positions be enacted by ADEQ. 

 

Senator Aguirre offered a substitute motion to Representative Barnes’ original motion that the Committee of Reference make the recommendation to have the Legislature consider continuing the Arizona Department of Environmental Quality for at least five years.

 

The substitute motion FAILED by voice vote.

 

The original motion CARRIED by voice vote.

 

Representative McGuire moved that the Committee of Reference make the recommendation to have the Legislature consider revising ADEQ’s time limits to issue permits as a condition of ADEQ’s reauthorization and that they must exercise due diligence in contacting those requesting permits within an acceptable amount of time when the response has been received.

 

The motion CARRIED by voice vote.

 

Representative Reagan moved that the Committee of Reference make the recommendation to have the Legislature consider restructuring ADEQ’s ability to adopt or enforce rules for a state or regional program addressing cap and trade programs in relation to greenhouse gases that are not expressly authorized by the Legislature as a condition of reauthorization.

 

Representative Barnes offered a substitute motion to Representative Reagan’s original motion that the Committee of Reference make the recommendation to have the Legislature consider restructuring ADEQ’s ability to adopt or enforce rules for a state or regional program addressing cap and trade programs in relation to greenhouse gases or motor fuel economy regulations that are not expressly authorized by the Legislature as a condition of reauthorization.

 

The substitute motion CARRIED by voice vote.

 

Representative Barnes moved that the Committee of Reference make the recommendation to have the Legislature consider prohibiting ADEQ’s ability to direct monies resulting from remediation or civil penalties to sources other than the General Fund as a condition of reauthorization. 

 

The motion CARRIED by voice vote.

 

Representative Barnes moved that the Committee of Reference make the recommendation to have the Legislature consider defining the term supplemental environmental project in statute including the notion of nexus as a condition of ADEQ’s reauthorization.

 

The motion CARRIED by voice vote.

 

Senator Sylvia Allen moved that the Committee of Reference make the recommendation to have the Legislature consider whether it be best served to involve the Office of the Auditor General in subsequent legislative reauthorization.

 

The motion CARRIED by voice vote.

 

There being no further business, the meeting was adjourned at 11:06 a.m.

 

Respectfully submitted,

 

 

 

Bill Ritz

Committee Secretary

 

 

(Audio recordings and attachments on file in the Secretary of Senate’s Office/Resource Center, Room 115).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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                        Senate NRRA and House Environment

                        Committee of Reference

                        Sunset Hearing of Arizona Department of

                        Environmental Quality

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