HB2986 - 572R

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

Section 1. Section 44-1322, Arizona Revised Statutes, is amended to read:

START_STATUTE44-1322. Disposal of lead acid batteries

A. The disposal of lead acid batteries in landfills and the incineration of those batteries is prohibited.

B. An owner or operator of a solid waste disposal facility shall not knowingly accept a lead acid battery for disposal.

C. A lead acid battery shall be discarded or disposed of only as follows:

1. A lead acid battery retailer or wholesaler may deliver a lead acid battery to any one of the following:

(a) A permitted secondary lead smelter.

(b) A battery manufacturer.

(c) A collection or recycling facility authorized by the federal environmental protection agency or the department of environmental quality.

(d) In the case of battery retailers only, an agent of a battery wholesaler.

2. A person other than a lead acid battery retailer or wholesaler may deliver a lead acid battery to any one of the following:

(a) A lead acid battery retailer or wholesaler.

(b) A permitted secondary lead smelter.

(c) A collection or recycling facility authorized by the federal environmental protection agency or the department of environmental quality.

D. The director of the department of environmental quality shall register collection and recycling facilities that accept lead acid batteries. The director shall require collection and recycling facilities that handle lead acid batteries to pay an initial registration fee and annual fee established by rule. The director shall deposit, pursuant to sections 35-146 and 35-147, registration fees in the solid waste fee fund established by section 49-881. END_STATUTE

Sec. 2. Section 49-501, Arizona Revised Statutes, is amended to read:

START_STATUTE49-501. Unlawful open burning; exceptions; civil penalty; definition

A. Notwithstanding the provisions of any other section of this article:

1. It is unlawful for any person to ignite, cause to be ignited, permit to be ignited, or suffer, allow, or maintain any open outdoor fire except as provided in this section.

2. From May 1 through September 30 each year, it is unlawful for any person to ignite, cause to be ignited, permit to be ignited or suffer, allow or maintain any open outdoor fire in area A as defined in section 49-541.

B. The following fires are excepted from this section:

1. Fires used only for cooking of food, or for providing warmth for human beings or the branding of animals or the use of using orchard heaters for the purpose of frost protection in farming or nursery operations.

2. Any fire set or permitted by any public officer in the performance of official duty, if such fire is set or permission given for the purpose of weed abatement, the prevention of a fire hazard, or instruction in the methods of fighting fires.

3. Fires set by or permitted by the director of the department of agriculture or county agricultural agents of the county for the purpose of disease and pest prevention.

4. Fires set by or permitted by the federal government or any of its departments, agencies or agents or the state or any of its agencies, departments or political subdivisions for the purpose of watershed rehabilitation or control through vegetative manipulation.

5. Fires permitted by any rule or regulation issued pursuant to this article, by any conditional permit issued by a hearing board established under this article or by any rule or conditional permit issued pursuant to article 2 of this chapter when the department of environmental quality pursuant to section 49-402 has assumed jurisdiction of the county in which the fire is located.

6. Fires set for the disposal of dangerous materials where there is no safe alternate method of disposal.

C. Permission for the setting of any fire given by a public officer in the performance of official duty under subsection B, paragraph 2, 3 or 4 of this section shall be given in writing and a copy of the written permission shall be transmitted immediately to the director of environmental quality and the control officer of the county, district or region in which such fire is allowed. The setting of any such fire shall be conducted in a manner and at such time as approved by the control officer or the director of environmental quality, unless doing so would defeat the purpose of the exemption.

D. Notwithstanding section 49-107, if the department assumes jurisdiction over burning in a county pursuant to section 49-402, the director may delegate authority for the issuance of open burning permits to a county, city, town or fire district. A county, city, town or fire district that has been delegated authority for the issuance of open burning permits may assign the issuance of these permits to a private fire protection service provider that performs fire protection services within that county, city, town or fire district. Any private fire protection service provider that is authorized to issue open burning permits pursuant to this subsection shall maintain a copy of all currently effective permits issued, including a means of contacting the person authorized by the permit to set the fire in the event that an order to extinguish the open burning is issued. Permits issued pursuant to this subsection shall contain both of the following:

1. Conditions that limit the manner and time of setting the fire and that are consistent with this section and rules adopted pursuant to this section.

2. A provision that all burning be extinguished at the discretion of the director or the director's authorized representative during periods of inadequate atmospheric smoke dispersion, periods of excessive visibility impairment that could adversely affect public safety or periods when smoke is blown into populated areas so as to create a public nuisance.

E. The director may issue a general permit to allow persons engaged in farming or ranching on forty acres or more in an unincorporated area to burn household waste, as defined in section 49-701, that is generated on site, if no household waste collection and disposal service is available. The general permit shall include the following:

1. Conditions governing the method, manner and times for burning.

2. Limitation on materials which that may be burned, including a prohibition on burning of materials which that generate noxious fumes.

3. A requirement that any person seeking coverage under the general permit shall register with the director on a form prescribed by the director. Upon on receipt of a registration form, the director shall notify the county in which the farm or ranch is located of such registration.

4. A statement that the director, a local air pollution control officer, or any other public officer may order the extinguishment of burning or may prohibit burning during periods of inadequate smoke dispersion or excessive visibility impairment or at other times when public health or safety could be adversely affected.

F. Nothing in This section is intended to does not permit any practice which that is a violation of any statute, ordinance, rule or regulation in a county with a population in excess of one million two hundred thousand persons. Notwithstanding any other law, such a county shall prohibit by ordinance the use of wood burning chimineas, outdoor fire pits and similar outdoor fires on those days for which the county has issued a no burn day restriction.

G. A person who violates any provision of this section may be served a notice of violation and be subject to the enforcement provisions of this article to the same extent as a person violating any rule or regulation adopted pursuant to this article, except that:

1. A violation that lasts no not more than twenty-four hours and that is the first violation committed by that person is subject to a civil penalty of no not more than five hundred dollars $500.

2. A violation pursuant to subsection D of this section is subject to enforcement as provided in article 2 of this chapter.

H. For the purposes of this section, "open outdoor fire" means any combustion of combustible material of any type outdoors, in the open where the products of combustion are not directed through a flue. For the purposes of this subsection, "flue" means any duct or passage for air, gases or the like, such as a stack or chimney. END_STATUTE

Sec. 3. Section 49-802, Arizona Revised Statutes, is amended to read:

START_STATUTE49-802. Federal used oil program; incorporation by reference; rulemaking

A. The department shall administer a used oil program. the program shall be not more stringent than 42 United States Code section 6935, as amended on January 1, 1997, as the used oil program for this state. For that purpose, and 40 Code of Federal Regulations part 279. , as amended on January 1, 1997, 40 code of federal REGULATION PART 279 is adopted by reference. For purposes of this program, the United States, the environmental protection agency and the administrator shall be applied to mean this state, the department and the director, respectively.

B. The department may adopt rules for the administration of the federal program. Rules adopted pursuant to this subsection shall not be more stringent than or conflict with 40 Code of Federal Regulations part 279. The department shall require an annual registration fee established by rule for handlers of used oil that are required to obtain a United States environmental protection agency identification number pursuant to 40 Code of Federal Regulations part 279. The department shall deposit, pursuant to sections 35-146 and 35-147, fees in the solid waste fee fund established by section 49-881.

C. The following requirements apply in addition to 40 Code of Federal Regulations part 279:

1. A used oil collection center, as defined in 40 Code of Federal Regulations part 279, shall register with the department by obtaining an identification number from the department. A request for an identification number shall include:

(a) The company name.

(b) The name of the owner of the company.

(d) The location of the collection center.

(e) A description of the type of used oil activity at the company.

2. A person who sends used oil fuel to a person who burns the used oil fuel for energy recovery shall certify to the burner that the used oil fuel has been analyzed or otherwise tested for compliance with the used oil specifications in 40 Code of Federal Regulations part 279.

3. Each used oil fuel transporter, used oil fuel marketer and used oil processor and re-refiner, as defined in 40 Code of Federal Regulations part 279, shall submit to the department a written report annually. The report shall be submitted within thirty days after the end of the calendar year to which the report applies, and it shall contain a copy of the tracking information required to be kept pursuant to 40 Code of Federal Regulations part 279 or a summary of such tracking information on a reporting form supplied by the department.

4. Each person who burns used oil fuel in devices identified in 40 Code of Federal Regulations section 279.61(a)(1) through (3) shall submit to the department a written annual report. The report shall be submitted to the department by February 1 for the previous calendar year and shall contain the following information:

(a) The name, address and telephone number of the person reporting.

(b) The name, address and telephone number of the burner facility.

(d) The total volume of on-specification used oil burned.

(e) The period being reported.

(f) The total volume of self-generated used oil burned on site.

(g) The total volume of used oil fuel burned.

(h) A summary of the tracking information required to be kept pursuant to 40 Code of Federal Regulations part 279.

5. Used oil fuel marketers and used oil fuel burners shall label all tanks that store on-specification used oil with the words "on-specification used oil". The department may sample and test used oil or used oil fuel to determine its properties or characteristics as prescribed in this article and rules adopted pursuant to this article.

6. A household "do-it-yourselfer" used oil generator, as defined under 40 Code of Federal Regulations part 279, shall send its used oil to a "do-it-yourselfer" collection station, a household hazardous waste collection center, a used oil collection center, a used oil fuel marketer or a used oil processor or refiner.

D. In administering this section or in adopting or administering rules pursuant to this section, the department shall maintain the level of discretion that is permitted pursuant to applicable federal rules.

E. Any client names or related identifying data required to be submitted to the department pursuant to this section are confidential. END_STATUTE

Sec. 4. Section 49-836, Arizona Revised Statutes, is amended to read:

START_STATUTE49-836. Solid waste landfill disposal fees

A. Each operator of a solid waste landfill or facility shall make the fee payments required by this section as determined by the department. Monies from fees shall be deposited in the recycling fund established by section 49-837 and the solid waste fee fund established by section 49-881. Fees shall be calculated and paid as follows until the effective dates of rules adopted pursuant to subsection G of this section:

1. A disposal fee of $.25 for each six cubic yards of uncompacted solid waste, $.25 for each three cubic yards of compacted solid waste or $.25 per ton of solid waste received at landfills regulated by the department. From and after June 30, 2005, all $.25 collected in disposal fees shall be deposited in the recycling fund.

2. A solid waste landfill that receives only waste generated on site shall compute the fee by using one of the following methods:

(a) By actual volume or weight.

(b) By estimate based on landfill capacity use, volume or number of waste loads or any other reasonable means for approximating the volume or weight of disposed waste.

3. Facilities that generate waste from recycling solid waste, effluent from a secondary wastewater treatment plant or wastewaters shall pay one-half of the fee calculated pursuant to paragraph 1 of this subsection. The maximum annual amount paid by a facility for on-site disposal of waste generated from recycling shall not exceed $15,000. The fee for these facilities may be computed based on the dry or dewatered weight or volume of the waste generated from recycling.

B. Each fee payment shall be accompanied by a form prepared and furnished by the department and completed by the operator. The form shall state the total volume or weight of solid waste disposed of at that landfill during the payment period and shall provide any other information deemed necessary by the department. The form shall be signed by the operator.

C. A person who for a fee disposes of waste in a solid waste landfill that is not regulated by the department shall keep accurate records of the waste disposed of in those landfills and shall remit a fee to the department at the same rate and in the same manner as provided in subsection A of this section or rules adopted pursuant to subsection G of this section.

D. For solid waste landfills that are operated pursuant to section 49-741 and that do not have on-site operators or scales, the fee shall be based on a formula that multiplies the population of the political subdivisions served by the landfill by $.07. From and after June 30, 2005, all fees shall be deposited in the recycling fund. The fee shall be paid in the same manner as provided in subsection A of this section or rules adopted pursuant to subsection G of this section.

E. This section or any rules adopted pursuant to subsection G of this section do not apply to:

1. Persons disposing of a load containing less than six cubic yards of uncompacted solid waste or three cubic yards of compacted solid waste.

2. A site used solely for the reclamation of land through the introduction of landscaping rubble or inert material.

3. Material produced in connection with a mining or metallurgical operation.

F. Solid waste management service companies and agencies affected by the landfill disposal fees established by this section may adjust the fees charged to customers by passing through to the customers the additional costs.

G. The department shall establish by rule the solid waste landfill disposal fees. END_STATUTE

Sec. 5. Section 49-881, Arizona Revised Statutes, is amended to read:

START_STATUTE49-881. Solid waste fee fund; uses; exemption

A. The solid waste fee fund is established. The director shall administer the fund. The fund consists of legislative appropriations, donations, gifts, grants, registration fees collected pursuant to sections 44-1303 and 44-1304.01, waste tire administrative monies distributed pursuant to section 44-1305, subsection B, paragraph 1, lead acid battery collection and recycling fees collected pursuant to section 44-1322, licensure fees collected pursuant to section 49-104, subsection B, paragraph 14, subdivision (b), solid waste general permit fees collected pursuant to section 49-706, solid waste landfill registration fees from section 49-747, licensure fees collected pursuant to section 49-761, subsection D, paragraphs 2 and 3 and subsections H, J and M, solid waste fees collected pursuant to section 49-762.03, subsection F, used oil handler fees collected pursuant to section 49-802, subsection B, special waste management plan fees collected pursuant to section 49-857, special waste management fees collected pursuant to section 49-863, private consultants expedited plan review fees collected pursuant to section 49-762.03, subsection G, self-certification filing fees collected pursuant to section 49-762.05, subsection H, solid waste landfill disposal fees collected pursuant to section 49-836, special waste fees collected pursuant to section 49-855, subsection C, paragraph 2 and coal combustion residuals permit processing fees and annual fees collected pursuant to section 49-891.

B. Monies in the fund are subject to legislative appropriation for solid waste control programs established in the funding sources pursuant to subsection A of this section and as determined by the director.

C. On notice from the director, the state treasurer shall invest and divest monies in the fund as provided in section 35-313, and monies earned from investment shall be credited to the fund. Monies deposited in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. END_STATUTE

Sec. 6. Laws 2021, chapter 27, section 9, as amended by Laws 2023, chapter 78, section 1, is amended to read:

Sec. 9. Conditional enactment

A. Section 49-542, Arizona Revised Statutes, as amended by Laws 2021, chapter 27, section 3, and section 49-542.03, Arizona Revised Statutes, as amended by laws 2021, chapter 27, section 4, do not become effective unless on or before July 1, 2027 2029 the United States environmental protection agency approves the proposed modifications to the vehicle emissions testing program protocols 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 September 1, 2027 2029 either:

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

2. That the condition was not met.

Sec. 7. Laws 2017, chapter 295, section 3, as amended by Laws 2022, chapter 177, section 12 and Laws 2024, chapter 70, section 1, is amended to read:

Sec. 3. Conditional enactment; notice

A. Section 3-3493, Arizona Revised Statutes, as amended by laws 2017, chapter 295, section 2, does not become effective unless on or before July 1, 2027 2029 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, 2027 2029 either:

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

2. That the condition was not met.