HB2410 - 552R

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

Section 1. Section 49-210, Arizona Revised Statutes, is amended to read:

START_STATUTE49-210. Water quality fee fund; appropriation; exemption; monies held in trust

A. The water quality fee fund is established consisting of monies appropriated by the legislature and fees received pursuant to sections 49-104, 49-203, 49-241, 49-241.02, 49-242, 49-255.01, 49-332, 49-352, 49-353 and 49-361. The director shall administer the fund.

B. Monies in the fund are subject to annual legislative appropriation to the department for water quality programs. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

C. On notice from the director, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.

D. Monies in the water quality fee fund shall be used for the following purposes:

1. To issue aquifer protection permits pursuant to section 49-241.

2. The aquifer protection permit registration fee procedures pursuant to section 49-242.

3. Dry well registration fee procedures pursuant to section 49-332.

4. 3. Technical review fee procedures pursuant to section 49-353.

5. 4. Inspection fee procedures pursuant to section 49-104, subsection C.

6. 5. To issue permits under the Arizona pollutant discharge elimination system program pursuant to section 49-255.01.

7. 6. Operator certification pursuant to sections 49-352 and 49-361.

8. 7 Paying the cost of implementing section 49-203, subsection A, paragraph 7 and section 49-221, subsection E.

9. 8. Water quality monitoring pursuant to section 49-225 and reporting of aquifer pollution information pursuant to section 49-249.

10. 9. To implement and administer the underground injection control permit program established pursuant to article 3.3 of this chapter.

11. 10. To implement and administer the dredge and fill permit program established pursuant to article 3.2 of this chapter, including review and analysis for issuing jurisdictional determinations.

E. Any fee, assessment or other levy that is authorized by law or administrative rule and that is collected and deposited in the water quality fee fund shall be held in trust. The monies in the fund may be used only for the purposes prescribed by statute and shall not be appropriated or transferred by the legislature to fund the general operations of this state or to otherwise meet the obligations of the general fund of this state. This subsection does not apply to any taxes or other levies that are imposed pursuant to title 42 or 43. END_STATUTE

Sec. 2. Section 49-245.02, Arizona Revised Statutes, is amended to read:

START_STATUTE49-245.02. General permit for certain discharges associated with man-made bodies of water

A. A general permit is issued for the following discharges:

1. Disposal in vadose zone injection wells of storm water mixed with reclaimed wastewater or groundwater, or both, from man-made bodies of water associated with golf courses, parks and residential common areas, provided that:

(a) The vadose zone injection wells are registered pursuant to section 49-332 inventoried pursuant to the underground injection control program under either:

(i) State rules approved by the United States environmental protection agency pursuant to 42 United States code section 300h.

(ii) Federal regulations adopted by the United States environmental protection agency pursuant to 42 United States code section 300h.

(b) The discharge occurs only in response to storm events.

(c) With the exception of the aquifer water quality standard for microbiological contaminants, the reclaimed wastewater meets aquifer water quality standards before being placed into the body of water, as documented by a water quality analysis submitted with the vadose zone injection well registration. The owner or operator of the vadose zone injection wells shall demonstrate continued compliance with this subdivision by submitting to the department the results of any monitoring required as part of an aquifer protection permit or wastewater reuse permit for any facility providing reclaimed wastewater to the man-made body of water. For purposes of this general permit, monitoring shall be conducted at least semiannually. The monitoring results shall be submitted to the department semiannually beginning six months after registration the inventory made pursuant to subdivision (a) of this paragraph.

(d) The vadose zone injection wells shall be located at least one hundred feet from any water supply well.

(e) A vertical separation of forty feet shall be provided between the bottom of the vadose zone injection wells and the water table to allow the aquifer water quality standard for microbiological contaminants to be met in the uppermost aquifer.

(f) The vadose zone injection wells are not used for any other purpose.

2. Subsurface discharges from man-made bodies of water associated with golf courses, parks and residential common areas, provided that:

(a) The body of water contains only groundwater, storm water or reclaimed wastewater, or a combination thereof.

(b) The reclaimed wastewater complies with the terms of a wastewater reuse permit before being placed into the body of water.

3. Point source discharges to protected surface waters from man-made bodies of water associated with golf courses, parks and residential common areas that contain only groundwater, storm water or reclaimed wastewater, or a combination thereof, provided that:

(a) The discharges are subject to a valid national pollutant discharge elimination system permit or an Arizona pollutant discharge elimination system permit under article 3.1 of this chapter.

(b) The discharges occur only in response to storm events.

B. If the director determines that discharges from a facility covered by this general permit are causing a violation of aquifer water quality standards, the director may revoke the general permit of the facility or may require that an individual permit be obtained pursuant to section 49-243. If the director determines that discharges from a facility covered by this general permit may cause, with reasonable probability, a violation of aquifer water quality standards, the director may require the facility to obtain an individual permit pursuant to section 49-243. END_STATUTE

Sec. 3. Repeal

A. Title 49, chapter 2, article 8, Arizona Revised Statutes, is repealed.

B. Section 49-457.02, Arizona Revised Statutes, is repealed.

Sec. 4. Section 49-542.04, Arizona Revised Statutes, is amended to read:

START_STATUTE49-542.04. Off-road vehicle and engine standards

A. The department shall may adopt rules for air pollution emission standards for off-road vehicles and engines marketed in the state beginning with the 1999 model year.

B. The standards may include the following categories:

1. Heavy-duty diesel vehicles rated at 175-750 horsepower.

2. Small utility and lawn and garden equipment engines rated at less than twenty-five horsepower.

3. Recreational vehicles rated at less than twenty-five horsepower.

4. Specialty engines and go-carts rated at greater than twenty-five horsepower.

5. Off-road motorcycles and all terrain vehicles.

C. In a county with a population of more than one million two hundred thousand persons according to the most recent United States decennial census, the department shall may adopt rules for air pollution emission standards for golf cart engines. END_STATUTE

Sec. 5. Section 49-551.01, Arizona Revised Statutes, is amended to read:

START_STATUTE49-551.01. Diesel vehicle low emissions incentive grants; criteria

A. The department may award incentive grants from the air quality fund established by section 49-551 for diesel vehicles:

1. To operate on alternative fuel or clean burning fuel as defined in section 1-215.

2. To operate on ultra low sulfur diesel fuel as defined in section 49-558.01 that is used in an engine with an emission control device.

3. Powered by an engine that meets or exceeds an emissions standard for diesel particulate matter of 0.05 grams per brake horsepower hour.

B. A vehicle that is awarded an incentive grant pursuant to this section shall meet the following criteria:

1. The vehicle has a gross vehicle weight rating of at least seventeen thousand five hundred pounds.

2. The vehicle is not a recreational vehicle as defined in section 28-3102.

3. The vehicle is registered in this state and the incentive grant recipient signs a statement, under penalty of perjury, that it is the recipient's intent that the vehicle will be registered in this state for at least three years from after the date the vehicle is awarded an incentive grant pursuant to this section and that the recipient intends to operate the vehicle more than fifty per cent percent of the time in area A or area B.

4. The vehicle is subject to the financial responsibility requirements prescribed in section 28-4032, subsection A.

C. An incentive grant awarded pursuant to this section shall provide for real and quantifiable emissions reductions. Engine retrofit or conversions may meet the requirements of subsection A of this section if they have been approved for use by any one of the following:

1. The United States environmental protection agency voluntary retrofit program.

2. 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.

3. The California air resources board diesel emission control strategy verification procedure.

4. Sections 43100 and 43102 of the health and safety code of the state of California.

5. Actual emission testing performed on the vehicle.

D. Notwithstanding subsection B, paragraph 4 of this section, the director may award incentive grants for school buses and municipal vehicles that otherwise meet the requirements of subsection B of this section. END_STATUTE

Sec. 6. Section 49-554, Arizona Revised Statutes, is amended to read:

START_STATUTE49-554. Technical assistance review

A. The department of environmental quality, with the assistance of the governor's energy office and state universities, shall may develop a program to:

1. Expedite testing and certification of technological developments related to improving air quality through a reduction in vehicle emissions.

2. Develop incentives to encourage development and innovation of technologies that improve air quality through a reduction in vehicle emissions.

3. Establish a board with technical expertise to assist developers of promising technologies with the emission certification processes of the California air resources board and the United States environmental protection agency. The board shall:

(a) Perform an initial evaluation of the technology, including a review of existing test data.

(b) Develop procedures to apply those technologies in this state that have been certified by the California air resources board, the United States environmental protection agency or this state.

(c) Recommend a program of incentives to encourage private entities to use technologies that have been reviewed and approved by the board.

(d) Recommend legislation requiring the use of approved technologies by the state and political subdivisions.

(e) Recommend a credit trading and banking program to encourage innovative solutions to the reduction of emissions from all sources.

B. The department may enter into intergovernmental agreements and memorandums of understanding to accomplish the purposes of this section.END_STATUTE

Sec. 7. Repeal

Section 49-558.01, Arizona Revised Statutes, is repealed.

Sec. 8. Section 49-927, Arizona Revised Statutes, is amended to read:

START_STATUTE49-927. Hazardous waste management fund

A. A The hazardous waste management fund is established to be administered by the department. The fund consists of monies appropriated by the legislature, monies collected pursuant to section 49-931 and monies collected as fees for issuing permits under section 49-922, subsection B, paragraph 5. Monies in the fund are subject to legislative appropriation and are exempt from section 35-190 relating to lapsing of appropriations. On notice from the director, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.

B. Monies in the hazardous waste management fund shall be used for the following purposes:

1. Informing, educating and training the general public, treatment, storage and disposal facility operators, hazardous waste handlers and others.

2. Supporting statewide hazardous waste planning and program development activities.

3. Processing, issuing and maintaining permits for treatment, storage or disposal facilities.

4. Compliance monitoring, investigation and enforcement activities pertaining to generating, transporting, treating, storing and disposing of hazardous waste under this article.

5. Funding the pollution prevention technical assistance program established pursuant to section 49-965 and providing matching funds under section 6605 of the pollution prevention act of 1990 (P.L. 101-508).

6. Administration of Administering the pollution prevention program pursuant to article 4 of this chapter.

7. Reimbursement of appropriations received for fiscal year 1991-1992 to the state general fund as provided by law.

8. Remediating properties that have been reported to the state board of technical registration before August 6, 2016 if there is evidence that the property owner did not comply with state law for removal of the gross contamination on the property.

C. Ten percent of the monies in the fund shall be transmitted to the emergency response fund established by section 49-132 to be used for staffing local emergency planning committees and equipping local fire departments, fire districts and public safety agencies for the development of hazardous materials emergency response teams. END_STATUTE

Sec. 9. Repeal

Laws 2001, chapter 371, section 20 is repealed.

Sec. 10. Laws 2017, chapter 295, section 3 is amended to read:

Sec. 3. Conditional enactment; notice

A. Section 3-3493, Arizona Revised Statutes, as amended by this act laws 2017, chapter 295, section 2, does not become effective unless on or before July 1, 2022 2024 the United States environmental protection agency approves the proposed modifications to the gasoline fuel formulation requirements as part of the state implementation plan for air quality.

B. The director of the department of environmental quality shall notify in writing the director of the Arizona legislative council on or before October 1, 2022 2024 either:

1. Of the date on which the condition was met.

2. That the condition was not met.

Sec. 11. Department of environmental quality; real property ownership conveyance; department of administration; exemption

A. Notwithstanding any other law, on the effective date of this act, clear title to the following one square mile of real property is conveyed from the department of environmental quality to the department of administration:

Section 32, township 4 South, range 1 West, Gila and Salt River base and meridian, Maricopa county, Arizona.

B. The department of environmental quality and the department of administration shall execute documents and take other actions reasonably necessary to complete the conveyance of ownership of the real property.

C. Title 37, chapter 4, Arizona Revised Statutes, relating to acquisition of real property, does not apply to the conveyance prescribed by this section.

Sec. 12. Retroactivity

Laws 2017, chapter 295, section 3, as amended by this act applies retroactively to from and after June 29, 2022.