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. 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. 3. Section 49-282, Arizona Revised Statutes, is amended to read:

START_STATUTE49-282. Water quality assurance revolving fund

A. A water quality assurance revolving fund is established to be administered by the director. The fund consists of monies from the following sources:

1. Monies appropriated by the legislature.

2. Fertilizer license fees allocated under section 3‑272, subsection B, paragraph 2.

3. Pesticide registration fees allocated under section 3‑351, subsection D, paragraph 2.

4. The tax on water use pursuant to section 42‑5302.

5. Water quality assurance fees collected under section 45‑616.

6. Industrial discharge registration fees collected under section 49‑209.

7. Manifest resubmittal fees collected under section 49‑922.01.

8. Hazardous waste facility registration fees collected under section 49‑929.

9. Hazardous waste resource recovery facility registration fees collected under section 49‑930.

10. Monies recovered from responsible parties as remedial action costs.

11. Monies received as costs for a review of remedial actions at the request of a person other than the state.

12. Monies received from the collection of corporate income taxes under title 43, chapter 11, article 2 as prescribed by subsection B of this section.

13. Prospective purchaser agreement fees collected under section 49‑285.01.

B. The water quality assurance revolving fund shall be assured of an annual funding amount of eighteen million dollars. Beginning July 1, 1999 2011, as soon as practicable at the beginning of each fiscal year, the state treasurer shall transfer the sum of fifteen seven million dollars to the water quality assurance revolving fund from the corporate income tax as collected pursuant to title 43, chapter 11, article 2. As custodian of the fund, the director shall certify to the governor, the state treasurer, the president of the senate and the speaker of the house of representatives at the end of that fiscal year the amount of monies deposited in the water quality assurance revolving fund pursuant to subsection A, paragraphs 1 through 9 of this section. At the end of the fiscal year the state treasurer shall adjust the fifteen seven million dollar transfer of corporate income tax so that, when combined with monies deposited in the fund during that fiscal year pursuant to subsection A, paragraphs 1 through 9 of this section, the fund receives eighteen million dollars each fiscal year. This adjustment shall occur as part of the year‑end book closing process for that fiscal year. If sufficient monies from the corporate income tax are not available to make any necessary upward adjustments as part of the year‑end book closing, the state treasurer shall transfer the monies necessary to achieve the eighteen million dollar funding level from the transaction privilege and severance tax clearing account pursuant to section 42‑5029, subsection D, paragraph 4, to the water quality assurance revolving fund. Any transfers prescribed by this subsection shall not be deducted from the net proceeds distributed pursuant to section 43‑206.

C. At the beginning of each fiscal year, the director of environmental quality shall contract with the department of water resources for the transfer of up to eight hundred thousand dollars from the water quality assurance revolving fund to the Arizona water quality fund established by section 45‑618 for support services for the water quality assurance revolving fund program. The support services provided for the water quality assurance revolving fund program shall be determined by the director of water resources in consultation with the director of environmental quality.

D. Monies in the fund are exempt from lapsing under section 35‑190. Interest earned on monies in the fund shall be credited to the fund.

E. Monies from the water quality assurance revolving fund shall be used for the following purposes:

1. To provide state matching monies or to meet such other obligations as are prescribed by section 104 of CERCLA.

2. For all reasonable and necessary costs to implement this article, including:

(a) Taking remedial actions.

(b) Conducting investigations of an area to determine if a release or a threatened release of a hazardous substance exists.

(d) Identifying and investigating potentially responsible parties and allocating liability among the responsible parties.

(e) Funding orphan shares.

(f) Participating in the allocation process, administrative appeals and court actions.

(g) Funding the community advisory boards and other community involvement activities and the water quality assurance revolving fund advisory board.

(h) Remediating pollutants if necessary to remediate a hazardous substance.

3. For the reasonable and necessary costs of monitoring, assessing, identifying, locating and evaluating the degradation, destruction, loss of or threat to the waters of the state resulting from a release of a hazardous substance to the environment.

4. For the reasonable and necessary costs of administering the fund.

5. For the reasonable and necessary costs of administering the industrial discharge registration program under section 49‑209.

6. For the costs of the water quality monitoring program described in section 49‑225.

7. For compliance monitoring, investigation and enforcement activities pertaining to generating, transporting, treating, storing and disposing of hazardous waste. The amount to be used pursuant to chapter 5 of this title is limited to the amount received in the prior fiscal year from the hazardous waste facility registration fee.

8. For emergency response use as prescribed in section 49‑282.02.

9. For all reasonable and necessary costs of the preparation and execution of prospective purchaser agreements.

10. For all reasonable and necessary costs of the voluntary remediation program.

11. To reimburse a political subdivision of this state for its reasonable, necessary and cost‑effective remedial action costs incurred in response to a release or threat of a release of a hazardous substance or pollutants that presents an immediate and substantial endangerment to the public health or the environment. The political subdivision is not eligible for reimbursement until it has taken all reasonable efforts to obtain reimbursement from the responsible party and the federal government. No more than two hundred fifty thousand dollars may be spent from the fund for this purpose in any fiscal year.

12. For all reasonable and necessary costs incurred by the department pursuant to section 49‑282.04 and the department of water resources pursuant to section 45‑605 for well inspections, remedial actions and review and approval of well construction necessary to prevent vertical cross‑contamination. The director of environmental quality and the director of water resources shall enter into an agreement for the transfer of these costs.

13. For actions that are taken pursuant to section 49‑282.03 before the selection of a remedy.

14. For the reasonable and necessary costs of the conveyance, use or discharge of water remediated as part of a remedy under this article.

15. For the reasonable and necessary costs incurred by the department of health services at the request of the director of environmental quality to assess and evaluate the effect of a release or threatened release of hazardous substances to the public health or welfare and the environment. The director of environmental quality and the director of the department of health services shall enter into an agreement for the transfer of these costs. The assessment and evaluation by the department of health services may include:

(a) Performing health effect studies and risk assessments.

(b) Evaluating and calculating cleanup standards.

16. For the reasonable and necessary costs incurred by the department of law to provide legal services at the request of the director of environmental quality.

17. For the reasonable and necessary costs of contracting for the goods and services to enable the director to implement this article.

18. For remediation demonstration projects that use bioremediation or other alternative technologies. The department may not use more than five hundred thousand dollars in a fiscal year pursuant to this paragraph.

F. Any political subdivision of this state which uses, used or may use waters of the state for drinking water purposes or any state agency, regardless of whether the political subdivision or state agency is a responsible party, may apply to the director for monies from the fund to be used for remedial action. An application to the fund for remedial action costs shall not be treated as an admission that a political subdivision or an agency of the state is a responsible party, but a political subdivision or a state agency that is a responsible party is liable for remedial action costs in the same manner, including reimbursement of the fund, as any other responsible party. The political subdivision shall commit a local matching amount at least equal to the amount sought from the fund.

G. The director of environmental quality shall prepare and submit a budget for the water quality assurance revolving fund program and the director of water resources shall prepare and submit a budget for the Arizona water quality fund with the departments' budgets that are required pursuant to section 35‑111. The committees on appropriations of the house of representatives and the senate shall review the water quality assurance revolving fund budget and the Arizona water quality fund budget to ensure that the departments' expenditures are made in accordance with the legislature's intent and that the departments are making adequate progress toward accomplishing that intent. 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

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.

Sec. 7. Environmental quality fees; increases; fiscal year 2011-2012; intent; appropriation; exemption from rule making

A. Notwithstanding any other law, the director of the department of environmental quality may increase fees in fiscal year 2011‑2012 for services in fiscal year 2011‑2012.

B. It is the intent of the legislature that the additional revenue generated by the fee increases pursuant to subsection A shall not exceed $5,779,100.

C. Monies received from fees pursuant to this section are appropriated to the department of environmental quality.

D. The department of environmental quality 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. 8. Water resources fees; deposit; fiscal year 2011-2012; intent; exemption from rule making

A. Notwithstanding any other law, the director of department of water resources may assess and collect a fee in fiscal year 2011-2012 from each municipality with a population of more than ten thousand persons according to the most recent United States decennial census. The fee shall be assessed proportionally based on the population of each municipality. The director shall deposit monies collected pursuant to this subsection in the water resources fund established by section 45-117, Arizona Revised Statutes.

B. 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 subsection A of this section.

C. It is the intent of the legislature that the revenue generated by the fees collected pursuant to subsections A and B of this section shall not exceed $7,000,000.

D. 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 until July 1, 2012.

Sec. 9. 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 and Mohave 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 $500,000 are available in fiscal year 2011‑2012 for the operation of state parks.

Sec. 10. 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. 11. 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.

Sec. 12. 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.