 |
ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
department of environmental quality; programs
Purpose
Modifies requirements for the Arizona Department of Environmental Quality (ADEQ) relating to the Solid Waste Fee Fund and the lead acid battery disposal, open burning permitting and used oil programs.
Background
The Arizona Legislature created ADEQ in 1986 to consolidate and focus responsibility for environmental management and administration of water quality, air quality, solid waste and hazardous waste regulation with the goal of increasing effectiveness, efficiency and public acceptance of environmental regulation (Laws 1986, Ch. 368).
ADEQ must: 1) formulate policies, plans and programs to implement statute to protect the environment; 2) prevent pollution through regulating the storage, handling and transportation of solids, liquids and gases that may cause or contribute to pollution; 3) promote the restoration and reclamation of degraded or despoiled areas and natural resources; 4) ensure, unless specifically authorized by the Legislature, that state laws, rules, standards, permits, variances and orders are adopted and construed to be consistent with and not more stringent than the corresponding federal law that addresses the same subject matter and does not adversely affect standards adopted by an Indian Tribe under federal law; and 5) carry out other statutorily prescribed duties.
ADEQ, through the Director of ADEQ, must also establish or revise fees by rule for ADEQ to adequately perform its duties. Fees must be fairly assessed and impose the least burden and cost to the parties subject to the fees. When establishing or revising fees, ADEQ must base the fees on the direct and indirect costs of ADEQ's relevant duties (A.R.S. § 49-104).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
Solid Waste Fee Fund
1. Removes the following collections from the Solid Waste Fee Fund:
a) lead acid battery collection and recycling facility initial and annual registration fees; and
b) solid waste landfill disposal fees.
Lead Acid Batteries
2. Removes the requirement that a collection or recycling facility must be authorized by the federal EPA or the ADEQ to accept lead acid batteries for discard or disposal.
3. Removes the requirement that the Director of ADEQ must require collection and recycling facilities that handle lead acid batteries to pay an initial and annual registration fee.
Open Burning Permits
4. Specifies that, if ADEQ assumes jurisdiction over open burning in a county, the Director of ADEQ may delegate authority for the issuance of open burning permits to a county, city, town or fire district.
5. Specifies a violation pursuant to open burning permit issuance by a private fire protection service provider is subject to the statutorily prescribed enforcement relating to state air pollution controls.
Used Oil Program
6. Establishes a state used oil program for Arizona.
7. Prohibits the state used oil program from being more stringent than the federal used oil program.
SIP Proposed Modifications
8. Extends, from July 1, 2027, to July 1, 2029, the conditional enactment deadline for the U.S. EPA to approve the proposed modifications to the vehicle emissions testing program as part of the Arizona state implementation plan (SIP) for air quality.
9. Extends, from July 1, 2027, to July 1, 2029, the conditional enactment deadline for the U.S. EPA to approve the proposed modifications to the gasoline fuel formulation requirements as part of the Arizona SIP for air quality.
Miscellaneous
10. Makes technical and conforming changes.
11. Becomes effective date on the general effective date, subject to the provisions of the conditional enactments.
House Action
NREW 2/10/26 DP 10-0-0-0
3rd Read 2/26/26 53-0-7
Prepared by Senate Research
March 13, 2026
SB/SF/hk