ARIZONA HOUSE OF REPRESENTATIVES

57th Legislature, 2nd Regular Session

Majority Research Staff

House: NREW DPA 10-0-0-0

☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal Note


HB 2428: emissions; reduction credits; counties

Sponsor: Representative Griffin, LD 19

Caucus & COW

Overview

Authorizes a county to issue a voluntary permit for certifying emissions reduction credits over certain sources if outlined conditions are met. Allows the Director of the Arizona Department of Environmental Quality to issue a permit or permit revisions for certifying emissions reduction credits if certain criteria are satisfied.

History

The Arizona Department of Environmental Quality (ADEQ) has original jurisdiction over sources and permits, including but not limited, to air pollution by portable sources, air pollution by mobile sources to regulate vehicle emissions and major sources in any county that has not receive approval from the EPA Administrator for new source review.

Unless specified, the review, issuance, administration and enforcement of permits issued pursuant to air quality statute is the jurisdiction of a county or multi-county air quality control region. In certain circumstances, the Director of ADEQ (Director) may assert jurisdiction, control and enforcement of air quality permits over the county or multi-county air quality district (A.R.S. § 49-402).

Provisions

1.   Allows a county to assert jurisdiction to issue a voluntary permit for certifying emissions reduction credits over sources, permits and violations that pertain to both:

a.   portable sources within the county's jurisdiction; and

b.   mobile sources for the purpose of regulating those sources as prescribed and consistent with the Clean Air Act. (Sec. 1)

2.   States the Director or the control officer is not precluded from issuing a permit or conditions that require reductions in emissions from motor vehicles, mobile sources or nonroad engines in a permit to which the applicant voluntarily agrees. (Sec. 2)

3.   Authorizes the Director to issue a permit or permit revisions, that an applicant voluntarily requests, for the purposes of certifying emissions reduction credits if:

a.   the permitting authority maintains the discretion to issue the permit;

b.   the term of the permit issued pursuant to this section is less than 20 years; and

c. the permit is subject to all applicable rules, conditions and enforcement provisions of the permit program to which the permitting authority issues said permit. (Sec. 2)

4.   Defines control officer and nonroad engines. (Sec. 2)

5.   Makes technical and conforming changes. (Sec. 1, 2, 3)

Amendments

Committee on Natural Resources, Energy and Water

1.   Modifies the conditions and jurisdiction of counties for issuing a permit to certify emissions reductions credits. (Sec. 1)

2.   Specifies that upon county approval the aforementioned permit is binding to the applicant. (Sec. 1)

3.   Adds conditions and expands the mobile sources eligible for a permit if the applicant agrees to emission reductions. (Sec. 2)

4.   Expands the entities to issue a permit or permit revision to the county Control Officer. (Sec. 2)

5.   Modifies the listed requirements for applications for certifying emissions reduction credits. (Sec. 2)

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8.   ---------- DOCUMENT FOOTER ---------

9.   Initials CW                      HB 2428

10.  2/4/2026    Page 0 Caucus & COW

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12.  ---------- DOCUMENT FOOTER ---------