SB1624 - 501R

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

Section 1. Section 26-348, Arizona Revised Statutes, is amended to read:

START_STATUTE26-348. Emergency notification of reportable releases

A. If a reportable release of an extremely hazardous substance listed under section 26‑346 occurs from a facility at which a hazardous chemical is produced, used or stored, the owner or operator of the facility, except as excluded under title 40 Code of Federal Regulations section 355.40 sections 355.31 and 355.32, in addition to any other notification required by law or rule, shall immediately orally notify the community emergency coordinator for the local emergency planning committee for any area likely to be affected by the reportable release, and the commission, by notifying the emergency response unit of the department of environmental quality and appropriate emergency responders designated by rule of the commission, in the manner prescribed by rule of the commission. Unless impracticable under the circumstances, this oral notification shall occur immediately after the facility emergency coordinator or his designee has knowledge of the reportable release. The notice of the reportable release shall include the following to the extent known at the time of the notice and as long as no delay in responding to the emergency results:

1. The specific location of the release.

2. The chemical name or identity of substances released and a description of the container or vessel from which the release occurred.

3. An estimate of the quantity of substances which were released into the environment.

4. The time and duration of the release.

5. The medium or media into which the release occurred.

6. Any known or anticipated acute or chronic health risks associated with the release and, if within the informant's knowledge, advice regarding medical attention necessary for exposed individuals.

7. Proper precautions to take as a result of the release, including evacuation and other proposed response actions.

8. The name and telephone number of the person or persons to be contacted for further information.

B. Within thirty days after the reportable release, the owner or operator of a facility where a release occurred requiring notification pursuant to this section shall submit to the local emergency planning committee and to the commission a written follow‑up emergency notice stating and updating the information originally provided pursuant to subsection A of this section and including the following additional information:

1. Actions taken to respond to and contain the release.

2. Any known or anticipated acute or chronic health risks associated with the release.

3. If appropriate, advice regarding medical attention necessary for exposed individuals.

4. Measures which have been or will be taken at the facility to avoid a reoccurrence of similar releases.

C. After additional information becomes known, the owner or operator shall update the notice in writing within seven calendar days. END_STATUTE

Sec. 2. Title 45, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 45-118, to read:

START_STATUTE45-118. Water resources; fee; municipalities

Notwithstanding any other law, the director of the department may assess and collect a fee from each municipality in this state. The fee shall be assessed proportionally based on the population of each municipality. The director shall deposit monies collected pursuant to this section in the water resources fund established by section 45‑117. END_STATUTE

Sec. 3. Section 45-2112, Arizona Revised Statutes, is amended to read:

START_STATUTE45-2112. Funding sources

A. The fund shall consist of monies from the following sources:

1. Monies collected pursuant to section 48-3715.05.

2. Amounts appropriated from the state general fund pursuant to subsection B of this section.

B. There is appropriated from the state general fund to the Arizona water protection fund at the beginning of each fiscal year, an amount equal to five million dollars minus the sum of the amounts deposited in the previous fiscal year from the sources listed in subsection A, paragraph 1 of this section. If the amounts received from the sources listed in subsection A, paragraph 1 of this section, exceed five million dollars, the amount in excess shall be credited against the general fund appropriation in subsequent fiscal years. In no event shall the appropriation from the general fund exceed five million dollars in any fiscal year.

C. B. In addition to the amounts prescribed in subsections subsection A and B of this section the fund may accept any gifts, grants or donations. END_STATUTE

Sec. 4. Off-highway vehicle recreation fund; use

Notwithstanding section 28-1176, Arizona Revised Statutes, the Arizona state parks board may spend up to $692,100 from the Arizona state parks board portion of the off-highway vehicle recreation fund in fiscal year 2011-2012 for parks board operating expenses.

Sec. 5. Underground storage tank assurance account; transfer of monies; uses

Notwithstanding any other law, the administrative cap established in section 49-1051, subsection B, paragraphs 2 and 3, Arizona Revised Statutes, is suspended for fiscal year 2011-2012, and the department of environmental quality may transfer $6,531,000 from the assurance account of the underground storage tank revolving fund for administrative costs of the underground storage tank leak prevention program and for the used oil program.

Sec. 6. Agricultural fees; intent; exemption from rule making

A. Notwithstanding any other law, the director of the Arizona department of agriculture, with the assistance of the agriculture advisory council, may continue existing fees from 2010-2011 in fiscal year 2011‑2012 for services provided in fiscal year 2011-2012.

B. It is the intent of the legislature that the additional revenue generated by the fees established as prescribed in subsection A shall not exceed $218,000 to the state general fund, $113,000 to the pesticide fund and $26,000 to the dangerous plants, pests and diseases fund.

C. The Arizona department of agriculture is exempt from the rule making requirements of title 41, chapter 6, Arizona Revised Statutes, for the purpose of establishing fees pursuant to this section until July 1, 2012.

Sec. 7. Water resources fees; deposit; fiscal year 2011-2012; intent; exemption from rule making

A. Notwithstanding any other law, the director of the department of water resources may increase fees in fiscal year 2011‑2012 for services in fiscal year 2011‑2012, except that no fees may be increased pursuant to this subsection for any municipality subject to the fee assessed and collected pursuant to section 45-118, Arizona Revised Statutes, as added by this act.

B. It is the intent of the legislature that the revenue generated by the fees collected pursuant to subsection A of this section and section 45‑118, Arizona Revised Statutes, as added by this act, shall not exceed $7,000,000.

C. The department of water resources is exempt from the rule making requirements of title 41, chapter 6, Arizona Revised Statutes, for the purpose of establishing fees pursuant to this section and section 45-118, Arizona Revised Statutes, as added by this act, until July 1, 2012.

Sec. 8. Law enforcement and boating safety fund; Arizona state parks board; operating expenditures

Notwithstanding section 5‑383, Arizona Revised Statutes:

1. For fiscal year 2011‑2012, available monies in the law enforcement and boating safety fund may only be granted to La Paz, Mohave and Yuma counties.

2. All law enforcement and boating safety fund monies appropriated by the legislature to the Arizona state parks board in fiscal year 2011‑2012 above $750,000 are available in fiscal year 2011‑2012 for the operation of state parks.

Sec. 9. Arizona state parks board; availability of monies

Notwithstanding section 41‑511.11, Arizona Revised Statutes, or any other law, all state parks enhancement fund monies are available in fiscal year 2011‑2012 for the operation of state parks as appropriated by the legislature in the general appropriations act or for capital needs as determined by the Arizona state parks board with the prior approval of the joint committee on capital review to acquire and develop real property and improvements as state parks consistent with the purposes and objectives prescribed in section 41‑511.03, Arizona Revised Statutes.

Sec. 10. Use of risk management revolving fund

In addition to the purposes specified in section 41-622, Arizona Revised Statutes, of the monies appropriated in the general appropriations act for fiscal year 2011-2012 to the department of administration from the risk management revolving fund, $80,000 may be used in fiscal year 2011-2012 to allow the Arizona navigable stream adjudication commission to pay one-time unpaid obligations relating to legal fees and $9,888,400 may be used in fiscal year 2011-2012 to allow the state land department to pay for operating expenses if any expenditures from the trust land management fund are required to cease by court order.

Sec. 11. Water quality fee fund; use

Notwithstanding section 49-210, subsection E, Arizona Revised Statutes, transfers from the water quality fee fund to the state general fund for fiscal year 2011-2012 shall be as specified in the general appropriations act.

Sec. 12. Appropriation reduction; water quality assurance revolving fund

Notwithstanding section 49‑282, Arizona Revised Statutes, the appropriation from the state general fund to the water quality assurance revolving fund for fiscal year 2011‑2012 shall not exceed $7,000,000.