COMMITTEE ON JUDICIARY
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2235
(Reference to printed bill)
Page 1, between lines 1 and 2, insert:
"Section 1. Section 1-215, Arizona Revised Statutes, is amended to read:
1-215. Definitions
In the statutes and laws of this state, unless the context otherwise requires:
1. "Action" includes any matter or proceeding in a court, civil or criminal.
2. "Adopted rule" means a final rule as defined in section 41‑1001.
3. "Adult" means a person who has attained eighteen years of age.
4. "Alternative fuel" means:
(a) Electricity.
(b) Solar energy.
(c) Liquefied petroleum gas, natural gas, hydrogen or a blend of hydrogen with liquefied petroleum or natural gas that complies with any of the following:
(i) Is used in an engine that is certified to meet at a minimum the United States environmental protection agency low emission vehicle standard pursuant to 40 Code of Federal Regulations section 88.104‑94 or 88.105‑94.
(ii) Is used in an engine that is certified by the engine modifier to meet the addendum to memorandum 1‑A of the United States environmental protection agency as printed in the federal register, volume 62, number 207, October 27, 1997, pages 55635 through 55637.
(iii) Is used in an engine that is the subject of a waiver for that specific engine application from the United States environmental protection agency's memorandum 1‑A addendum requirements and that waiver is documented to the reasonable satisfaction of the director of the department of environmental quality.
(d) Only for vehicles that use alcohol fuels before August 21, 1998, alcohol fuels that contain not less than eighty‑five per cent percent alcohol by volume.
(e) A combination of at least seventy per cent percent alternative fuel and no more than thirty per cent percent petroleum based fuel that operates in an engine that meets the United States environmental protection agency low emission vehicle standard pursuant to 40 Code of Federal Regulations section 88.104‑94 or 88.105‑94 and that is certified by the engine manufacturer to consume at least seventy per cent percent alternative fuel during normal vehicle operations.
5. "Bribe" means anything of value or advantage, present or prospective, asked, offered, given, accepted or promised with a corrupt intent to influence, unlawfully, the person to whom it is given in that person's action, vote or opinion, in any public or official capacity.
6. "Certified reporter" means a person who is certified by the board of certified reporters and who records and transcribes a verbatim record in any sworn proceeding by writing symbols or abbreviations in shorthand, machine writing or voice writing.
6. 7. "Child" or "children" as used in reference to age of persons means persons under eighteen years of age.
7. 8. "Clean burning fuel" means:
(a) An emulsion of water‑phased hydrocarbon fuel that contains not less than twenty per cent percent water by volume and that complies with any of the following:
(i) Is used in an engine that is certified to meet at a minimum the United States environmental protection agency low emission vehicle standard pursuant to 40 Code of Federal Regulations section 88.104‑94 or 88.105‑94.
(ii) Is used in an engine that is certified by the engine modifier to meet the addendum to memorandum 1‑A of the United States environmental protection agency as printed in the federal register, volume 62, number 207, October 27, 1997, pages 55635 through 55637.
(iii) Is used in an engine that is the subject of a waiver for that specific engine application from the United States environmental protection agency's memorandum 1‑A addendum requirements and that waiver is documented to the reasonable satisfaction of the director of the department of environmental quality.
(b) A diesel fuel substitute that is produced from nonpetroleum renewable resources if the qualifying volume of the nonpetroleum renewable resources meets the standards for California diesel fuel as adopted by the California air resources board pursuant to 13 California Code of Regulations sections 2281 and 2282 in effect on January 1, 2000, the diesel fuel substitute meets the registration requirement for fuels and additives established by the United States environmental protection agency pursuant to section 211 of the clean air act as defined in section 49‑401.01 and the use of the diesel fuel substitute complies with the requirements listed in 10 Code of Federal Regulations part 490, as printed in the federal register, volume 64, number 96, May 19, 1999.
(c) A diesel fuel that complies with all of the following:
(i) Contains a maximum of fifteen parts per million by weight of sulfur.
(ii) Meets ASTM D975.
(iii) Meets the registration requirements for fuels and additives established by the United States environmental protection agency pursuant to section 211 of the clean air act as defined in section 49‑401.01.
(iv) Is used in an engine that is equipped or has been retrofitted with a device that has been certified by the California air resources board diesel emission control strategy verification procedure, the United States environmental protection agency voluntary diesel retrofit program or the United States environmental protection agency verification protocol for retrofit catalyst, particulate filter and engine modification control technologies for highway and nonroad use diesel engines.
(d) A blend of unleaded gasoline that contains at minimum eighty‑five per cent percent ethanol by volume or eighty‑five per cent percent methanol by volume.
(e) Neat methanol.
(f) Neat ethanol.
8. 9. "Corruptly" means a wrongful design to acquire or cause some pecuniary or other advantage to the person guilty of the act or omission referred to, or to some other person.
9. 10. "Daytime" means the period between sunrise and sunset.
10. 11. "Depose" includes every manner of written statement under oath or affirmation.
11. 12. "Federal poverty guidelines" means the poverty guidelines as updated annually in the federal register by the United States department of health and human services.
12. 13. "Grantee" includes every person to whom an estate or interest in real property passes, in or by a deed.
13. 14. "Grantor" includes every person from or by whom an estate or interest in real property passes, in or by a deed.
14. 15. "Includes" or "including" means not limited to and is not a term of exclusion.
15. 16. "Inhabitant" means a resident of a city, town, village, district, county or precinct.
16. 17. "Issue" as used in connection with descent of estates includes all lawful, lineal descendants of the ancestor.
17. 18. "Knowingly":
(a) Means only a knowledge that the facts exist that bring the act or omission within the provisions of the statute using such word.
(b) Does not require any knowledge of the unlawfulness of the act or omission.
18. 19. "Magistrate" means an officer having power to issue a warrant for the arrest of a person charged with a public offense and includes the chief justice and justices of the supreme court, judges of the superior court, judges of the court of appeals, justices of the peace and judges of a municipal court.
19. 20. "Majority" or "age of majority" as used in reference to age of persons means eighteen years of age or more.
20. 21. "Malice" and "maliciously" mean a wish to vex, annoy or injure another person, or an intent to do a wrongful act, established either by proof or presumption of law.
21. 22. "Minor" means a person under the age of eighteen years.
22. 23. "Minor children" means persons under the age of eighteen years.
23. 24. "Month" means a calendar month unless otherwise expressed.
24. 25. "Neglect", "negligence", "negligent" and "negligently" import a want of such attention to the nature or probable consequence of the act or omission as a prudent man ordinarily bestows in acting in his own concerns.
25. 26. "Nighttime" means the period between sunset and sunrise.
26. 27. "Oath" includes an affirmation or declaration.
27. 28. "Peace officers" means sheriffs of counties, constables, marshals, policemen of cities and towns, commissioned personnel of the department of public safety, personnel who are employed by the state department of corrections and the department of juvenile corrections and who have received a certificate from the Arizona peace officer standards and training board, peace officers who are appointed by a multicounty water conservation district and who have received a certificate from the Arizona peace officer standards and training board, police officers who are appointed by community college district governing boards and who have received a certificate from the Arizona peace officer standards and training board, police officers who are appointed by the Arizona board of regents and who have received a certificate from the Arizona peace officer standards and training board, police officers who are appointed by the governing body of a public airport pursuant to section 28‑8426 and who have received a certificate from the Arizona peace officer standards and training board, peace officers who are appointed by a private postsecondary institution pursuant to section 15‑1897 and who have received a certificate from the Arizona peace officer standards and training board and special agents from the office of the attorney general, or of a county attorney, and who have received a certificate from the Arizona peace officer standards and training board.
28. 29. "Person" includes a corporation, company, partnership, firm, association or society, as well as a natural person. When the word "person" is used to designate the party whose property may be the subject of a criminal or public offense, the term includes the United States, this state, or any territory, state or country, or any political subdivision of this state that may lawfully own any property, or a public or private corporation, or partnership or association. When the word "person" is used to designate the violator or offender of any law, it includes a corporation, a partnership or any association of persons.
29. 30. "Personal property" includes money, goods, chattels, things in action and evidences of debt.
30. 31. "Population" means the population according to the most recent United States decennial census.
31. 32. "Process" means a citation, writ or summons issued in the course of judicial proceedings.
32. 33. "Property" includes both real and personal property.
33. 34. "Real property" is coextensive with lands, tenements and hereditaments.
34. 35. "Registered mail" includes certified mail.
35. 36. "Seal" as used in reference to a paper issuing from a court or public office to which the seal of such court or office is required to be affixed means an impression of the seal on that paper, an impression of the seal affixed to that paper by a wafer or wax, a stamped seal, a printed seal, a screened seal or a computer generated seal.
36. 37. "Signature" or "subscription" includes a mark, if a person cannot write, with the person's name written near it and witnessed by a person who writes the person's own name as witness.
37. 38. "State", as applied to the different parts of the United States, includes the District of Columbia, this state and the territories.
38. 39. "Testify" includes every manner of oral statement under oath or affirmation.
39. 40. "United States" includes the District of Columbia and the territories.
40. 41. "Vessel", as used in reference to shipping, includes ships of all kinds, steamboats, steamships, barges, canal boats and every structure adapted to navigation from place to place for the transportation of persons or property.
41. 42. "Wilfully" means, with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists.
42. 43. "Will" includes codicils.
43. 44. "Workers' compensation" means workmen's compensation as used in article XVIII, section 8, Constitution of Arizona.
44. 45. "Writ" means an order or precept in writing issued in the name of the state or by a court or judicial officer.
45. 46. "Writing" includes printing."
Renumber to conform
Page 1, line 6, after "appointment" insert "and oath"
Page 4, between lines 26 and 27, insert:
"Sec. 4. Section 9-500.04, Arizona Revised Statutes, is amended to read:
9-500.04. Air quality control; definitions
A. The governing body of a city or town in area A or area B as defined in section 49‑541 shall:
1. If the city has a population exceeding fifty thousand persons according to the 1995 special census, adjust the work hours of at least eighty‑five per cent percent of municipal employees each year beginning October 1 and ending April 1 in order to reduce the level of carbon monoxide, ozone and particulate matter concentrations caused by vehicular travel.
2. In area A, in consultation with the designated metropolitan planning organization, synchronize traffic control signals on all existing and new roadways, within and across jurisdictional boundaries, that have average daily trips exceeding fifteen thousand motor vehicles per day.
3. In area A, beginning on January 1, 2008, develop and implement plans to stabilize targeted unpaved roads, alleys and unpaved shoulders on targeted arterials. The plans shall address the performance goals, the criteria for targeting the roads, alleys and shoulders, a schedule for implementation, funding options and reporting requirements. Priority shall be given to the following:
(a) Unpaved roads with more than one hundred average daily trips.
(b) Unpaved shoulders on arterial roads and other road segments where vehicle use on unpaved shoulders is evident or anticipated due to projected traffic volume.
4. In area A, acquire or utilize vacuum systems or other dust removal technology to reduce the particulates attributable to conventional crack sealing operations as existing equipment is retired.
5. In area A, in order to reduce particulate matter in ambient air:
(a) Beginning March 31, 2008, on any high pollution advisory day forecast by the department of environmental quality prohibit employees or contractors of that city or town from operating leaf blowers except while in vacuum mode and prohibit those employees or contractors from blowing landscape debris into public roadways at any time.
(b) No later than March 31, 2008, adopt, implement and enforce an ordinance that bans the blowing of landscape debris into public roadways at any time by any person.
6. In area A, no later than March 31, 2008, adopt or amend codes or ordinances and, no later than October 1, 2008, commence enforcement of those codes or ordinances as necessary to require that parking, maneuvering, ingress and egress areas at developments other than residential buildings with four or fewer units are maintained with one or more of the following dustproof paving methods:
(a) Asphaltic concrete.
(b) Cement concrete.
(c) Penetration treatment of bituminous material and seal coat of bituminous binder and a mineral aggregate.
(d) A stabilization method approved by the city or town.
7. In area A, no later than March 31, 2008, adopt or amend codes or ordinances and, no later than October 1, 2009, commence enforcement of those codes or ordinances as necessary to require that parking, maneuvering, ingress and egress areas that are three thousand square feet or more in size at residential buildings with four or fewer units are maintained with a paving or stabilization method authorized by the city or town by code, ordinance or permit.
8. In area A, no later than March 31, 2008, adopt or amend codes or ordinances as necessary to restrict vehicle parking and use on unpaved or unstabilized vacant lots.
9. In area A, no later than March 31, 2008, require that new or renewed contracts for street sweeping on city streets must be conducted with street sweepers that meet the south coast air quality management district rule 1186 street sweeper certification specifications for pick up efficiency and PM-10 emissions in effect on January 1, 2007.
10. In area B, synchronize traffic control signals on all roadways that have average daily trips exceeding fifteen thousand motor vehicles per day.
B. The governing body of a city or town in area B as defined in section 49‑541 may make and enforce ordinances to reduce or encourage the reduction of the commuter use of motor vehicles by employees of the city or town and employees whose place of employment is within the city or town.
C. Except as provided in subsection F of this section, the governing body of a city or town in area A as defined in section 49‑541 in a county with a population of more than one million two hundred thousand persons according to the most recent United States decennial census shall develop and implement a vehicle fleet plan for the purpose of encouraging and progressively increasing the use of alternative fuels and clean burning fuels in city or town owned vehicles. The plan shall include a timetable for increasing the use of alternative fuels and clean burning fuels in fleet vehicles either through purchase or conversion.
D. The timetable shall reflect the following schedule and percentage of vehicles that operate on alternative fuels and clean burning fuels:
1. At least eighteen per cent percent of the total fleet by December 31, 1995.
2. At least twenty‑five per cent percent of the total fleet by December 31, 1996.
3. At least fifty per cent percent of the total fleet by December 31, 1998.
4. At least seventy‑five per cent percent of the total fleet by December 31, 2000 and each year thereafter.
E. The requirements of subsections C and D of this section may be waived on receipt of evidence acceptable to the city or town council that the city or town is unable to acquire or be provided equipment or refueling facilities necessary to operate vehicles using alternative fuels or clean burning fuels at a projected cost that is reasonably expected to result in net costs of no greater than ten per cent percent more than the net costs associated with the continued use of conventional gasoline or diesel fuels measured over the expected useful life of the equipment or facilities supplied. Applications for waivers shall be filed with the department of environmental quality pursuant to section 49‑412. An entity that receives a waiver pursuant to this section shall retrofit fleet heavy duty diesel vehicles with a gross vehicle weight of eight thousand five hundred pounds or more, that were manufactured in or before model year 1993 and that are the subject of the waiver with a technology that is effective at reducing particulate matter emissions at least twenty five per cent percent or more and that has been approved by the United States environmental protection agency pursuant to the urban bus engine retrofit/rebuild program. The entity shall comply with the implementation schedule pursuant to section 49‑555.
F. The plan prescribed by subsection C of this section shall include provisions for the use of alternative fuels and clean burning fuels in the bus fleet operated by that city or town or a regional public transportation authority, except that all newly purchased buses shall use alternative fuel or clean burning fuel. The bus fleet shall comply with the timetable prescribed by subsection D of this section, except that the requirements of subsections C and D of this section may be waived on receipt of certification supported by evidence acceptable to the department of environmental quality that the city or town is unable to acquire or be provided equipment or refueling facilities necessary to operate vehicles using alternative fuels or clean burning fuels at a projected cost that is reasonably expected to result in net costs of no greater than twenty per cent percent more than the net costs associated with the continued use of conventional gasoline or diesel fuels measured over the expected useful life of the equipment or facilities supplied.
G. If the requirements of subsections C, D and F of this section are met by the use of clean burning fuel, vehicle equivalents under those requirements shall be calculated as follows:
1. One vehicle equivalent for every four hundred fifty gallons of neat biodiesel or two thousand two hundred fifty gallons of a diesel fuel substitute prescribed in section 1-215, paragraph 7 8, subdivision (b).
2. One vehicle equivalent for every five hundred thirty gallons of the fuel prescribed in section 1‑215, paragraph 7 8, subdivision (d).
H. Subsection A, paragraphs 5 through 8 of this section do not apply to any site that has a permit issued by a control officer as defined in section 49‑471 for the control of fugitive dust from dust generating operations.
I. For the purposes of this section, "alternative fuel" and "clean burning fuel" have the same meanings prescribed in section 1‑215."
Renumber to conform
Page 9, line 2, after "by" insert "or contracted with"
Line 5, after "by" insert "or contracted with"
Between lines 40 and 41, insert:
"1. "Authorized transcriber" means a transcriber who is authorized by a court or other state agency to prepare a verbatim transcript of official proceedings or a certified reporter."
Renumber to conform
Page 10, lines 42 and 43, strike "including the court's use of an electronic recording system,"
Page 11, line 11, after "transcript" insert "; definition"
Line 13, strike "may" insert "shall"
Lines 15 and 16, strike "or an electronic recording"
Line 20, strike "or"
Line 21, strike "electronic recording"; strike "or electronic"
Line 22, strike "recording"
Line 24, strike "are or the electronic recording that is"; insert "that are"
Line 25, strike "filed with secured by" insert "filed with"
Line 29, strike "person" insert "certified reporter or authorized transcriber"
Line 30, strike "or an electronic recording"
Line 31, strike ", or" insert "or"; strike ", clerk of the"
Strike line 32
Line 33, strike "judge's designee"
Page 11, between lines 35 and 36, insert:
"C. For the purposes of this section, "Authorized transcriber" means a transcriber who is authorized by a court or other state agency to prepare a verbatim transcript of official proceedings or a certified reporter."
Page 26, line 34, before "This" insert "A. Except as provided in title 21, chapter 4,"
Line 38, strike "for court"
Line 39, strike "proceedings"
Line 41, after the period insert "
B."; strike the second "the" insert "court"
Page 28, between lines 9 and 10, insert:
"Sec. 30. Section 41-803, Arizona Revised Statutes, is amended to read:
41-803. Operation of state motor vehicle fleet; public service announcements; energy conservation; alternative and clean burning fuels; definitions
A. The director shall operate a motor vehicle fleet for all state‑owned motor vehicles for the purpose of providing transportation for state officers and employees, except those officers and employees of any agency or department excluded by subsection E of this section. The director shall make fleet motor vehicles available to state agencies and departments on the request of the chosen representative for that agency or department.
B. The director may adopt rules necessary for the administration of the motor vehicle fleet. State agencies and departments, including agencies and departments listed in subsection E of this section, may accept compensation for placing public service announcements on state‑owned motor vehicles, and monies received shall be deposited, pursuant to sections 35‑146 and 35‑147, in the state general fund. The agency or department director shall determine the appropriateness of the announcements, may exempt any vehicles that are not suitable for advertising and may contract with private parties for design and placement of the announcements.
C. The director shall provide for detailed cost, operation, maintenance, mileage and custody records for each state‑owned vehicle. On or before August 1 of each year, all state agencies and departments, including those listed in subsection E of this section, shall make information available to the director regarding vehicle cost, operation, maintenance and mileage and other information as established by the director in policies and procedures for the purposes of the report prescribed in subsection R of this section.
D. Each state department and agency shall pay from available monies the cost of motor vehicle services received from the state motor vehicle fleet at a rate determined by the director.
E. The following departments and agencies are excluded from participation in the state motor vehicle fleet:
1. Department of public safety.
2. Department of transportation.
3. Department of economic security.
4. State department of corrections.
5. Universities and community colleges.
6. Arizona state schools for the deaf and the blind.
7. Cotton research and protection council.
8. Arizona commerce authority.
9. Department of child safety.
F. The director shall appoint a person in the office of the director who is the state motor vehicle fleet alternative fuel and clean burning fuel coordinator. The coordinator shall develop, implement, document, monitor and modify as necessary a statewide alternative fuels plan in consultation with all state agencies and departments that are subject to the alternative fuel and clean burning fuel requirements prescribed in this section or any other law. The approval of the coordinator is required for all acquisitions of vehicles pursuant to this section, except for acquisitions by community college districts.
G. Purchases of all new motor vehicles that primarily operate in counties with a population of more than two hundred fifty thousand persons and that have a gross vehicle weight of eight thousand five hundred pounds or less, including those agency motor vehicle fleets listed in subsection E of this section, shall meet the following minimum requirements for vehicles:
1. For model year 1997, ten percent of new motor vehicles purchased shall be capable of operating on alternative fuels.
2. For model year 1998, fifteen percent of new motor vehicles purchased shall be capable of operating on alternative fuels.
3. For model year 1999, twenty‑five percent of new motor vehicles purchased shall be capable of operating on alternative fuels.
4. For model year 2000, fifty percent of new motor vehicles purchased shall be capable of operating on alternative fuels.
5. Except as provided in subsection T of this section, for model year 2001 and all subsequent model years, seventy‑five percent of new motor vehicles purchased shall be capable of operating on alternative fuels or clean burning fuels.
H. Purchases of new alternative fuel and clean burning fuel vehicles that have a gross vehicle weight of eight thousand five hundred pounds or less shall meet the following minimum requirements for vehicles that primarily operate in counties with a population of more than one million two hundred thousand persons:
1. For model year 2000, forty percent of new alternative fuel and clean burning fuel vehicles purchased shall comply with the United States environmental protection agency standards for low emission vehicles pursuant to 40 Code of Federal Regulations section 88.104‑94 or 88.105‑94.
2. For model year 2001, fifty percent of new alternative fuel and clean burning fuel vehicles purchased shall comply with the United States environmental protection agency standards for low emission vehicles pursuant to 40 Code of Federal Regulations section 88.104‑94 or 88.105‑94.
3. For model year 2002, sixty percent of new alternative fuel and clean burning fuel vehicles purchased shall comply with the United States environmental protection agency standards for low emission vehicles pursuant to 40 Code of Federal Regulations section 88.104‑94 or 88.105‑94.
4. For model year 2003, seventy percent of new alternative fuel and clean burning fuel vehicles purchased shall comply with the United States environmental protection agency standards for low emission vehicles pursuant to 40 Code of Federal Regulations section 88.104‑94 or 88.105‑94.
I. The coordinator may waive the requirements of subsection G of this section for any state agency on receipt of certification supported by evidence acceptable to the coordinator that:
1. The agency's vehicles will be operating primarily in an area in which neither the agency nor a supplier has established or can reasonably be expected to establish a central refueling station for alternative fuels or clean burning fuels.
2. The agency is unable to acquire or be provided equipment or refueling facilities necessary to operate vehicles using alternative fuels or clean burning fuels at a projected cost that is reasonably expected to result in net costs of no not greater than thirty percent more than the net costs associated with the continued use of traditional gasoline or diesel fuels measured over the expected useful life of the equipment or facilities supplied. Applications for waivers shall be filed with the department of environmental quality pursuant to section 49‑412. An entity that receives a waiver pursuant to this section shall retrofit fleet heavy‑duty diesel vehicles with a gross vehicle weight of eight thousand five hundred pounds or more that were manufactured in or before model year 1993 and that are the subject of the waiver with a technology that is effective at reducing particulate emissions at least twenty‑five percent or more and that has been approved by the United States environmental protection agency pursuant to the urban bus engine retrofit/rebuild program. The entity shall comply with the implementation schedule pursuant to section 49‑555.
J. The department of administration, through the coordinator, may acquire or be provided equipment or refueling facilities necessary to operate such vehicles using alternative fuels or clean burning fuels:
1. By purchase or lease as authorized by law.
2. By gift or loan of the equipment or facilities.
3. By gift or loan of the equipment or facilities or any other arrangement pursuant to a service contract for the supply of alternative fuels or clean burning fuels.
K. The coordinator and the governor's office of energy policy shall develop and implement a vehicle fleet energy conservation plan for the purposes of reducing vehicle fuel consumption and to encourage and progressively increase the use of alternative fuels and clean burning fuels in state‑owned vehicles. The plans shall include:
1. A timetable by which fleet vehicles shall be replaced with vehicles that have demonstrated high fuel economy estimates within their vehicle class.
2. A timetable for increasing the use of alternative fuels and clean burning fuels in fleet vehicles either through purchase or conversion. The timetable shall reflect the following schedule and percentage of vehicles that operate on alternative fuels or clean burning fuels:
(a) Not less than forty percent of the total fleet by December 31, 1995, except for community college districts. Community college districts shall comply by December 31, 2002.
(b) Not less than ninety percent of the total fleet operating primarily in counties with populations exceeding one million two hundred thousand persons according to the most recent federal decennial census by December 31, 1997, except for community college districts. Community college districts shall comply by December 31, 2004.
3. Options for increasing, whenever possible, the use of vehicles that have the capability to use available alternative fuels or clean burning fuels, or vehicles that may be economically converted, if needed, for the use of alternative fuels or clean burning fuels.
4. Options for the use of demonstrated innovative technologies that promote energy conservation and reduced fuel consumption.
5. Methods that promote efficient trip planning and state vehicle use.
6. Car pooling Carpooling and van pooling vanpooling for agency employees for commuting and job‑related travel.
L. The coordinator shall identify specific vehicle models within each vehicle class that would meet the demands of each state agency and that demonstrate a high degree of fuel economy. Vehicle classes and fuel economy comparisons shall be based on United States department of energy and United States environmental protection agency data pursuant to title 15 United States Code sections 2003 through 2006. For the use of an alcohol fueled vehicle, the state agency shall demonstrate to the director that the fuel for the vehicle is available within a ten‑mile radius of the primary home base of that vehicle.
M. Subsections G, H, I, J, K, L, N, O and P of this section do not apply to the purchase or lease of the following:
1. A vehicle to be used primarily for criminal law enforcement.
2. A motorcycle.
3. An all‑terrain vehicle.
4. An ambulance.
5. A fire truck, a fire engine or any other fire suppression apparatus.
N. Any contract for conversion of vehicles to alternative fuels pursuant to this section shall be entered into by competitive sealed proposals pursuant to section 41‑2534.
O. If everything else is equal, when contracting for vehicles to satisfy the requirements prescribed in this section, preference shall be given to vehicles with the lowest emissions levels.
P. The departments and agencies excluded from participation in the state motor vehicle fleet pursuant to subsection E of this section shall develop and implement a program for alternative fuels and clean burning fuels and fuel economy for their motor vehicle fleets substantially similar to the standards set forth in this section, and the program shall be submitted to the coordinator for review.
Q. All agencies, including those listed in subsection E of this section, shall comply with the plan developed and implemented by the coordinator pursuant to subsection F of this section.
R. On or before November 1 of each year, the director shall submit a report to the governor, the speaker of the house of representatives, the president of the senate, the governor's office of strategic planning and budgeting and the joint legislative budget committee concerning the use of alternative fuels and clean burning fuels in the state motor vehicle fleet. The report shall include at least the following:
1. The number of state fleet vehicles.
2. The number of state fleet vehicles used primarily in Maricopa county.
3. The number of state fleet vehicles capable of using alternative fuels or clean burning fuels.
4. Progress on compliance with federal and state guidelines mandating the conversion of state fleet vehicles to alternatively fueled vehicles.
5. Alternative fuels and clean burning fuels usage data.
6. Information received from state agencies pursuant to subsection C of this section.
7. Information gathered from local offices of federal agencies regarding progress made toward implementing the federal mandates relating to the conversion of motor vehicle fleets to alternative fuels or clean burning fuels pursuant to subsection G of this section.
S. If the requirements of subsections G, H and K of this section are met by the use of clean burning fuel, vehicle equivalents under those requirements shall be calculated as follows:
1. One vehicle equivalent for every four hundred fifty gallons of neat biodiesel or two thousand two hundred fifty gallons of a diesel fuel substitute prescribed in section 1-215, paragraph 7 8, subdivision (b) in vehicles with a gross vehicle weight rating of at least eighty-five hundred pounds.
2. One vehicle equivalent for every five hundred thirty gallons of the fuel prescribed in section 1-215, paragraph 7 8, subdivision (d).
T. Beginning on August 27, 2019, before each new motor vehicle purchase, the department shall consider purchasing a neighborhood electric vehicle.
U. When a state department or agency requests a vehicle from the state motor vehicle fleet, the state department or agency shall be assigned a neighborhood electric vehicle unless the state department or agency demonstrates to the department of administration that the neighborhood electric vehicle will not meet the needs of the state department or agency because the neighborhood electric vehicle will be doing any of the following:
1. Operating on a street with a posted speed limit that exceeds thirty‑five miles per hour.
2. Carrying a load that exceeds one thousand five hundred pounds.
3. Transporting more than six persons.
V. For the purposes of this section:
1. "Alternative fuels" has the same meaning prescribed in section 1‑215.
2. "Clean burning fuels" has the same meaning prescribed in section 1‑215.
3. "Neighborhood electric vehicle" has the same meaning prescribed in section 28‑101.
4. "New motor vehicle" means an original equipment manufactured vehicle, a converted original equipment manufactured vehicle or an original equipment manufactured vehicle that will be converted."
Renumber to conform
Page 37, after line 45, insert:
"Sec. 36. Section 49-474.01, Arizona Revised Statutes, is amended to read:
49-474.01. Additional board duties in vehicle emissions control areas; definitions
A. The board of supervisors of a county which contains any portion of area A or area B as defined in section 49‑541 shall:
1. In area A, in consultation with the designated metropolitan planning organization, synchronize traffic control signals on all existing and new roadways, within the unincorporated area and at jurisdictional boundaries, which have a traffic flow exceeding fifteen thousand motor vehicles per day.
2. In area A, beginning January 1, 2000, develop and implement plans to stabilize targeted unpaved roads, alleys and unpaved shoulders on targeted arterials. The plans shall address the performance goals, the criteria for targeting roads, alleys and arterials, a schedule for implementation, funding options and reporting requirements.
3. In area A, acquire or utilize vacuum systems or other dust removal technology to reduce the particulates attributable to conventional crack sealing operations as existing equipment is retired.
4. In area A, beginning January 1, 2008, develop and implement plans to stabilize targeted unpaved roads, alleys and unpaved shoulders on targeted arterials. The plans shall address the performance goals, the criteria for targeting the roads, alleys and shoulders, a schedule for implementation, funding options and reporting requirements. Priority shall be given to the following:
(a) Unpaved roads with more than one hundred average daily trips.
(b) Unpaved shoulders on arterial roads and other road segments where vehicle use on unpaved shoulders is evident or anticipated due to projected traffic volume.
5. In a county with a population of two million or more persons or any portion of a county in an area designated by the environmental protection agency as a serious PM-10 nonattainment area or a maintenance area that was designated as a serious PM-10 nonattainment area, no later than March 31, 2008, adopt or amend codes or ordinances and, no later than October 1, 2008, commence enforcement of those codes or ordinances as necessary to require that parking, maneuvering, ingress and egress areas at developments other than residential buildings with four or fewer units are maintained with one or more of the following dustproof paving methods:
(a) Asphaltic concrete.
(b) Cement concrete.
(c) Penetration treatment of bituminous material and seal coat of bituminous binder and a mineral aggregate.
(d) A stabilization method approved by the county.
6. In a county with a population of two million or more persons or any portion of a county in an area designated by the environmental protection agency as a serious PM‑10 nonattainment area or a maintenance area that was designated as a serious PM‑10 nonattainment area, no later than March 31, 2008, adopt or amend codes or ordinances and, no later than October 1, 2009, commence enforcement of those codes or ordinances as necessary to require that parking, maneuvering, ingress and egress areas three thousand square feet or more in size at residential buildings with four or fewer units are maintained with a paving or stabilization method authorized by the county by code, ordinance or permit.
7. In area A, no later than March 31, 2008, adopt or amend codes or ordinances as necessary to restrict vehicle parking and use on unpaved or unstabilized vacant lots.
8. In area A, require that new or renewed contracts for street sweeping on city streets must be conducted with street sweepers that meet the south coast air quality management district rule 1186 street sweeper certification specifications for pick up efficiency and PM-10 emissions in effect on January 1, 2007.
9. In area B, synchronize traffic control signals on roadways with a traffic flow exceeding fifteen thousand motor vehicles per day.
10. Implement adjusted work hours for at least eighty‑five per cent percent of county employees in area A each year beginning October 1 and ending April 1 in order to reduce the level of carbon monoxide concentrations caused by vehicular travel.
11. In a county with a population of two million or more persons or any portion of a county within an area designated by the environmental protection agency as a serious PM‑10 nonattainment area or a maintenance area that was designated as a serious PM‑10 nonattainment area, no later than March 31, 2008, adopt rule provisions, and, no later than October 1, 2008, commence enforcement of those rule provisions regarding the stabilization of disturbed surfaces of vacant lots that include the following:
(a) Reasonable written notice to the owner or the owner's authorized agent or the owner's statutory agent that the unpaved disturbed surface of a vacant lot is required to be stabilized. The notice shall be given not less than thirty days before the day set for compliance and shall include a legal description of the property and the estimated cost to the county for the stabilization if the owner does not comply. The notice shall be either personally served or mailed by certified mail to the owner's statutory agent, to the owner at the owner's last known address or to the address to which the tax bill for the property was last mailed.
(b) Authority for the county to enter the lot to stabilize the disturbed surface at the expense of the owner if the vacant lot has not been stabilized by the day set for compliance.
(c) Methods for stabilization of the disturbed surface of the vacant lot, the actual cost of stabilization and the fine that may be imposed for a violation of this section.
B. For the purposes of subsection A, paragraph 11 of this section:
1. "Disturbed surface" means a portion of the earth's surface or material placed on the earth's surface that has been physically moved, uncovered, destabilized or otherwise modified from its undisturbed native condition if the potential for the emission of fugitive dust is increased by the movement, destabilization or modification.
2. Vacant lots do not include any site of disturbed surface area that is subject to a permit issued by a control officer that requires control of PM‑10 emissions from dust generating operations.
C. The board of supervisors of a county that contains any portion of area A as defined in section 49‑541 shall make and enforce ordinances consistent with section 49‑588 to reduce or encourage the reduction of the commuter use of motor vehicles by employees of the county and employees whose place of employment is within area A.
D. The board of supervisors in a county that contains any portion of area A shall develop and implement a vehicle fleet plan for the purpose of encouraging and progressively increasing the use of alternative fuels and clean burning fuels in county owned vehicles operating in area A.
E. The plan shall include a timetable for increasing the use of alternative fuels and clean burning fuels in fleet vehicles either through purchase or conversion. The timetable shall reflect the following schedule and percentage of vehicles that operate on alternative fuels or clean burning fuels:
1. At least eighteen per cent percent of the total fleet by December 31, 1995.
2. At least twenty‑five per cent percent of the total fleet by December 31, 1996.
3. At least fifty per cent percent of the total fleet by December 31, 1998.
4. At least seventy‑five per cent percent of the total fleet by December 31, 2000 and each year thereafter.
F. The requirements of subsections D and E of this section may be waived on receipt of certification supported by evidence acceptable to the department that the county is unable to acquire or be provided equipment or refueling facilities necessary to operate vehicles using alternative fuels or clean burning fuels at a projected cost that is reasonably expected to result in net costs of no greater than ten per cent percent more than the net costs associated with the continued use of conventional gasoline or diesel fuels measured over the expected useful life of the equipment or facilities supplied. Applications for waivers shall be filed with the department pursuant to section 49‑412. An entity that receives a waiver pursuant to this section shall retrofit fleet heavy‑duty diesel vehicles with a gross vehicle weight of eight thousand five hundred pounds or more, that were manufactured in or before model year 1993 and that are the subject of the waiver with a technology that is effective at reducing particulate emissions at least twenty‑five per cent percent or more and that has been approved by the United States environmental protection agency pursuant to the urban bus engine retrofit/rebuild program. The entity shall comply with the implementation schedule pursuant to section 49‑555.
G. If the requirements of subsections D and E of this section are met by the use of clean burning fuel, vehicle equivalents under those requirements shall be calculated as follows:
1. One vehicle equivalent for every four hundred fifty gallons of neat biodiesel or two thousand two hundred fifty gallons of a diesel fuel substitute prescribed in section 1-215, paragraph 7 8, subdivision (b).
2. One vehicle equivalent for every five hundred thirty gallons of the fuel prescribed in section 1-215, paragraph 7 8, subdivision (d).
H. Subsection A, paragraphs 5, 6 and 7 of this section do not apply to any site that has a permit issued by a control officer as defined in section 49‑471 for the control of fugitive dust from dust generating operations.
I. For the purposes of this section, "alternative fuel" and "clean burning fuel" have the same meanings prescribed in section 1‑215.
Sec. 37. Section 49-573, Arizona Revised Statutes, is amended to read:
49-573. Emissions controls; federal vehicles
A. The operator of a United States government owned vehicle fleet based primarily in this state shall develop and implement a vehicle fleet plan for the purpose of encouraging and progressively increasing the use of alternative fuels and clean burning fuels in United States government owned vehicles. The plan shall include a timetable for increasing the use of alternative fuels and clean burning fuels in fleet vehicles either through purchase or conversion.
B. The timetable shall reflect the following schedule and percentage of vehicles that operate on alternative fuels and clean burning fuels:
1. At least ten per cent percent of the total fleet by December 31, 1994.
2. At least forty per cent percent of the total fleet by December 31, 1995.
3. For fleets operating primarily in counties with a population of more than one million two hundred thousand persons according to the most recent United States decennial census, at least ninety per cent percent of the total fleet by December 31, 1997 and each year thereafter.
C. The requirements of subsections A and B of this section may be waived on receipt of certification supported by evidence acceptable to the department of environmental quality that the United States government fleet operator is unable to acquire or be provided equipment or refueling facilities necessary to operate vehicles using alternative fuels or clean burning fuels at a projected cost that is reasonably expected to result in net costs of no greater than thirty per cent percent more than the net costs associated with the continued use of conventional gasoline or diesel fuels measured over the expected useful life of the equipment or facilities supplied. An entity that receives a waiver pursuant to this section shall retrofit fleet heavy‑duty diesel vehicles with a gross vehicle weight of eight thousand five hundred pounds or more, that were manufactured in or before model year 1993 and that are the subject of the waiver with a technology that is effective at reducing particulate emissions at least twenty‑five per cent percent or more and that has been approved by the United States environmental protection agency pursuant to the urban bus engine retrofit/rebuild program. The entity shall comply with the implementation schedule pursuant to section 49‑555.
D. If the requirements of subsections A and B of this section are met by the use of clean burning fuel, vehicle equivalents under those requirements shall be calculated as follows:
1. One vehicle equivalent for every four hundred fifty gallons of neat biodiesel or two thousand two hundred fifty gallons of a diesel fuel substitute prescribed in section 1-215, paragraph 7 8, subdivision (b).
2. One vehicle equivalent for every five hundred thirty gallons of the fuel prescribed in section 1-215, paragraph 7 8, subdivision (d)."
Amend title to conform