REFERENCE TITLE: mitigation monies; school bus fleets

State of Arizona House of Representatives Fifty-third Legislature Second Regular Session 2018

HB 2453

Introduced by Representatives Fernandez: Alston, Andrade, Benally, Blanc, Bolding, Butler, Cardenas, Chávez, Clark, Descheenie, Engel, Epstein, Espinoza, Friese, Martinez, Navarrete, Peten, Powers Hannley, Rios, Saldate, Salman, Senator Quezada

 

AN ACT

 

directing the attorney general to SUBMIT a beneficiary mitigation plan; providing for distribution of eligible mitigation action funds; appropriating monies.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Attorney general; environmental mitigation trust agreement; appropriation; distribution; review

A.  The attorney general shall promptly submit a beneficiary mitigation plan and a request for a share of eligible mitigation action funds pursuant to the environmental mitigation trust agreement entered into pursuant to the partial consent decree issued in the matter of In re Volkswagen "Clean Diesel" Marketing, Sales Practices, and Products Liability Litigation, MDL No. 2672 CRB (JSC).  The department of administration, the department of education and the department of environmental quality shall assist the attorney general, as required by the attorney general, in submitting the beneficiary mitigation plan and the request for a share of eligible mitigation action funds.

B.  The beneficiary mitigation plan and the request for a share of eligible mitigation action funds submitted pursuant to subsection A of this section shall specify that the monies received by this state pursuant to the environmental mitigation trust agreement will be used to purchase or repower class 4-8 school buses as prescribed in Appendix D-2 of the partial consent decree.

C.  The attorney general shall deposit and separately account for all monies received pursuant to this section in the consumer restitution subaccount of the consumer restitution and remediation revolving fund established by section 44-1531.02, Arizona Revised Statutes.  Notwithstanding section 44-1531.02, Arizona Revised Statutes, all monies that are received by this state pursuant to the environmental mitigation trust agreement and deposited in the consumer restitution subaccount of the consumer restitution and remediation revolving fund shall be used only to purchase or repower class 4-8 school buses, as prescribed in subsection B of this section.

D.  The attorney general, after consulting with the department of education, shall prepare a proposed plan for distributing the monies described in subsection C of this section to school districts in this state according to the transportation needs of the school districts.   The proposed plan must be consistent with the beneficiary mitigation plan and the request for a share of eligible mitigation action funds submitted pursuant to subsection A of this section.  Before distributing the monies, the attorney general shall submit the plan to the joint legislative budget committee for review.

Sec. 2.  Conditional repeal; notice

A.  This act is repealed one year after all monies deposited in or credited to the consumer restitution subaccount of the consumer restitution and remediation revolving fund established by section 44‑1531.02, Arizona Revised Statutes, pursuant to this act have been distributed to school districts.

B.  The attorney general shall notify in writing the director of the Arizona legislative council of the date when all monies deposited in or credited to the consumer restitution subaccount of the consumer restitution and remediation revolving fund established by section 44‑1531.02, Arizona Revised Statutes, pursuant to this act have been distributed to school districts.