House Engrossed

 

long-term storage; stormwater; rainwater; rules

 

 

 

 

State of Arizona

House of Representatives

Fifty-sixth Legislature

Second Regular Session

2024

 

 

 

HOUSE BILL 2020

 

 

 

 

An Act

 

amending section 45-815.01, Arizona Revised Statutes; amending title 45, chapter 3.1, article 4, Arizona Revised Statutes, by adding section 45-861.01; relating to long-term storage credits.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


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

Section 1. Section 45-815.01, Arizona Revised Statutes, is amended to read:

START_STATUTE45-815.01. Facilities not qualifying as storage facilities

The following shall not be permitted as underground storage facilities:

1. A body of water, as defined by in section 45-131, unless it has been designed, constructed or altered so that water storage is a principal purpose of the body of water.

2. Aqueducts, irrigation canals and other man-made water conveyance systems.

3. Water that incidentally recharges an aquifer during the course of its use for agricultural, municipal, mining or industrial purposes, except water that INCIDENTALLY RECHARGES an aquifer PURSUANT to section 45-861.01. END_STATUTE

Sec. 2. Title 45, chapter 3.1, article 4, Arizona Revised Statutes, is amended by adding section 45-861.01, to read:

START_STATUTE45-861.01. Long-term storage credits; stormwater infrastructure

A. A person that develops or plans to develop infrastructure in an active management area that results in increased natural, incidental or artificial recharge to the groundwater basin is entitled to earn and hold long-term storage credits in an amount not to exceed the level of increased recharge or projected increased recharge.

B. On or before January 1, 2025, the director shall adopt rules that promote new construction of facilities that are eligible to earn long-term storage credits pursuant to this section, including any of the following:

1. Stormwater detention basins that increase natural, incidental or artificial recharge.

2. Roadways and sidewalks that facilitate stormwater recharge.

3. Any other public infrastructure that facilitates rainwater or stormwater recharge.

C. The rules shall include:

1. An application timeline.

2. Procedures for certifying qualifying infrastructure.

3. Criteria for eligibility.

4. Formulations for quantifying the increased recharge or projected increased recharge and the corresponding long-term storage credits that are expected to be earned over the useful life of the infrastructure.

D. A person that applies for long-term storage credits pursuant to this section is exempt from the permitting requirements prescribed in article 2 of this chapter. END_STATUTE