|
House Engrossed |
|
State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session 2020
|
|
HOUSE BILL 2456 |
|
|
|
|
AN ACT
amending sections 27-514 and 27-515, Arizona Revised Statutes; repealing sections 41-3022.09 and 41-3022.24, Arizona Revised Statutes; amending section 49-186, Arizona Revised Statutes; repealing section 49‑238, Arizona Revised Statutes; repealing laws 1998, chapter 298, section 30, as amended by laws 2001, chapter 178, section 2, laws 2004, chapter 140, section 1 and Laws 2010, chapter 277, section 1; relating to ENVIRONMENTAL quality.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 27-514, Arizona Revised Statutes, is amended to read:
27-514. Commission; appointment; terms; compensation
A. There is created an oil and gas conservation commission within the department of environmental quality. the department of environmental quality shall provide staff support to the commission to administer this chapter.
B. The commission shall consist of the state land commissioner ex officio who shall have no vote, and five members to be appointed by the governor, no not more than three of whom shall be of the same political party. The appointive members shall be United States citizens and shall have been residents of Arizona this state for not less than the five years immediately preceding their appointment. Three members of the commission shall constitute a quorum for the transaction of business.
C. Of the members first appointed, one shall be appointed for a term ending December 31, 1960, and one each for terms ending one, two, three and four years thereafter. Subsequent Appointments shall be for a full term of five years which shall and expire on the third Monday in January in the appropriate year.
D. Appointive members of the commission shall receive compensation as determined pursuant to section 38‑611 for each day actually spent in the performance of official duties.
Sec. 2. Section 27-515, Arizona Revised Statutes, is amended to read:
27-515. Administration; powers of the commission; fees
A. The commission shall administer and enforce this article and other laws relating to conservation of oil and gas. The commission and administrative staff, at any time, may enter property and inspect wells drilled for oil or gas, and well records, and shall control property, machinery and appliances necessary to gauge the wells. The department of environmental quality shall provide staff support to the commission to administer this chapter.
B. The commission may:
1. Administer oaths to a witness in any hearing, investigation or proceeding held under this article or any other law relating to conservation of oil and gas.
2. Issue subpoenas requiring attendance and testimony of witnesses and production of books, papers and records deemed material or necessary, and direct service of subpoenas by a sheriff or other officer authorized by law to serve process.
3. Prescribe rules and do all acts necessary or advisable to carry out this article.
4. Collect fees to cover the costs of services, including reproduction of records or any portion of records and copies of rules. The monies collected are not subject to section 27‑523 but shall be deposited, pursuant to sections 35‑146 and 35‑147, by the commission in the fund from which the expenditure was originally made.
5. Publish technical maps, cross sections and reports and sell these materials for fees that will cover the costs incurred in their preparation, reproduction and distribution.
C. The commission may enter into cooperative agreements with agencies of the United States government, with agencies of state or local government or with Indian tribes for the purpose of protection of the fresh water supplies of this state from contamination or pollution brought about by the drilling of any well or for any other purpose of this article.
D. The commission may apply for and accept gifts, devises and donations of books, well records, maps or other materials. All donated materials shall become public records.
E. Monies collected under subsection B, paragraph 5 of this section are not subject to section 27‑523 but shall be deposited, pursuant to sections 35‑146 and 35‑147, in the permit administration fund established by section 49‑455 and shall be used to prepare, reproduce and distribute further publications.
Sec. 3. Repeal
Sections 41-3022.09 and 41-3022.24, Arizona Revised Statutes, are repealed.
Sec. 4. Section 49-186, Arizona Revised Statutes, is amended to read:
49-186. Rules; no licensing
A. The department shall adopt rules as necessary to implement section 49‑179. The adoption of rules under this section is not a prerequisite for implementation of this article.
B. The program established by this article ends on July 1, 2020 pursuant to section 41‑3102.
C. B. Title 41, chapter 6, article 7.1 and section 41-1009 do not apply to this article.
Sec. 5. Repeal
A. Section 49-238, Arizona Revised Statutes, is repealed.
B. Laws 1998, chapter 298, section 30, as amended by Laws 2001, chapter 178, section 2, Laws 2004, chapter 140, section 1 and Laws 2010, chapter 277, section 1 is repealed.