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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
House: NREW DPA 10-0-0-0 | Third Read: 54-0-6-0Senate: NR DP 7-0-1-0 | Third Read: 29-0-1-0 |
HB 2428: emissions; reduction credits; counties
Sponsor: Representative Griffin, LD 19
House Engrossed
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, after receiving a voluntary request from an applicant, to claim concurrent jurisdiction for the sole purpose of issuing, revising or enforcing a permit certifying emissions reduction credits over both:
a. components of a portable source within the county's jurisdiction; and
b. mobile sources within the county's jurisdiction. (Sec. 1)
2. Specifies that upon county approval the aforementioned permit is binding to the applicant. (Sec. 1)
3. States that, if an applicant voluntarily submits a permit application, the Director or the control officer is not precluded from issuing a permit or permit revisions that require reductions in emissions from motor vehicles, agricultural vehicles or equipment, mobile sources or nonroad engines in a permit that the applicant agreed to at the time of issuance. (Sec. 2)
4. Authorizes the Director or Control Officer 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)
5. Defines control officer and nonroad engines. (Sec. 2)
6. Makes technical and conforming changes. (Sec. 1, 2, 3)
Senate Amendments
1. Clarifies that an applicant's election to participate in any program that results in the certification of emission reduction credits pursuant to this legislation is voluntary. (Sec. 1)
2. Prohibits a control officer from certifying any new surplus emission reduction credits, pursuant to this legislation, if after the effective date participation of an on-road vehicle fleet in the emission reduction credit program becomes mandatory through outlined events. (Sec. 1)
3. Specifies that only mobile source fleet with a base of operations in a nonattainment area are eligible for certification pursuant to this legislation. (Sec. 1)
4. Makes technical and conforming changes. (Sec. 1, 2)
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8. Initials CW HB 2428
9. 4/7/2026 Page 0 House Engrossed
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