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REFERENCE TITLE: environment; budget reconciliation; 2015-2016 |
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State of Arizona House of Representatives Fifty-second Legislature First Regular Session 2015
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HB 2676 |
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Introduced by Representative Olson (with permission of Committee on Rules)
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AN ACT
repealing section 37-527, Arizona Revised Statutes; amending title 37, chapter 2, article 13, Arizona Revised Statutes, by adding a new section 37‑527; amending section 41-519.02, Arizona Revised Statutes; making appropriations; relating to environment budget reconciliation.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Repeal
Section 37‑527, Arizona Revised Statutes, is repealed.
Sec. 2. Title 37, chapter 2, article 13, Arizona Revised Statutes, is amended by adding a new section 37-527, to read:
37-527. Trust land management fund
A. The trust land management fund is established. The fund consists of up to ten percent of the annual proceeds of:
1. Each beneficiary's trust lands granted to this state by the United States.
2. All sales of timber, mineral, gravel or other natural products or property from each beneficiary's trust lands granted to this state by the United States.
B. The commissioner shall determine the percentage of trust land proceeds to be deposited in the fund each fiscal year. The percentage shall be the same for all beneficiaries. The commissioner shall notify the joint legislative budget committee and the governor's office of strategic planning and budgeting of the determination on or before September 1 of the preceding fiscal year.
C. The monies in the fund:
1. Are subject to legislative appropriation.
2. Shall be used exclusively to manage trust lands as prescribed by law.
D. The commissioner shall administer the fund. On notice from the commissioner, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.
E. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations, but if the balance in the fund at the end of any fiscal year exceeds two times the budget of the department for the management of trust lands for the next fiscal year, the excess amount shall be credited proportionately to the several permanent funds based on the last fiscal year's deposits.
F. This section does not prevent the legislature from appropriating state general fund monies for the purposes described in this section.
Sec. 3. Section 41-519.02, Arizona Revised Statutes, is amended to read:
41-519.02. Yarnell Hill memorial fund; exemption
A. The Yarnell Hill memorial fund is established consisting of legislative appropriations and donations to the fund. The Yarnell Hill memorial site board shall administer the fund. On notice from the Yarnell Hill memorial site board, the state treasurer shall invest and divest monies in the fund as provided by section 35‑313, and monies earned from investment shall be credited to the fund. The monies in the fund are exempt from section 35‑190 relating to lapsing of appropriations. The monies in the fund and any additional donations to the fund must be used for:
1. the purpose of Purchasing land for the Yarnell Hill memorial. ,
2. Purchasing, designing and constructing the Yarnell Hill memorial.
3. Maintaining and preserving the Yarnell Hill memorial and access road.
4. and Reimbursement of the Yarnell Hill memorial site board members' travel expenses.
B. Beginning on January 1, 2017, the Arizona state parks board shall administer the fund.
Sec. 4. Arizona water protection fund; use
Notwithstanding section 45‑2114, Arizona Revised Statutes, in fiscal year 2015-2016, the Arizona water protection fund commission may grant to the department of water resources up to $336,000 of the unobligated balance in the Arizona water protection fund established by section 45‑2111, Arizona Revised Statutes, to pay for administrative costs of the department in fiscal year 2015-2016.
Sec. 5. 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 established by section 28‑1176, Arizona Revised Statutes, in fiscal year 2015-2016 for parks board operating expenses.
Sec. 6. Underground storage tank assurance account; regulated substance fund; transfer of monies; uses
Notwithstanding any other law, the administrative caps established in section 49-1051, subsection B, paragraphs 2 and 3, Arizona Revised Statutes, are suspended for fiscal year 2015-2016, and the department of environmental quality may transfer a combined total of $6,531,000 from the assurance account of the underground storage tank revolving fund established by section 49-1051, Arizona Revised Statutes, and the regulated substance fund established by section 49‑1015.01, Arizona Revised Statutes, for administrative costs of the department in fiscal year 2015-2016.
Sec. 7. Arizona water banking fund; use; retroactivity
A. In addition to the purposes provided in section 45‑2425, Arizona Revised Statutes, monies appropriated to the Arizona navigable stream adjudication commission from the Arizona water banking fund established by section 45‑2425, Arizona Revised Statutes, may be used in fiscal years 2014‑2015 and 2015‑2016 to pay legal fees.
B. This section is effective retroactively to from and after June 30, 2014.
Sec. 8. 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 established by section 49-282, Arizona Revised Statutes, for fiscal year 2015-2016 may not exceed $7,000,000.
Sec. 9. Emissions inspection fund; use
Notwithstanding section 49‑544, Arizona Revised Statutes, in fiscal year 2015‑2016, the department of environmental quality may use up to $1,800,000 from the emissions inspection fund established by section 49‑544, Arizona Revised Statutes, for the department's safe drinking water program.
Sec. 10. Water resources fees; intent; exemption from rulemaking
A. Notwithstanding any other law, the director of water resources may increase fees in fiscal year 2015‑2016 for services in fiscal year 2015‑2016.
B. Monies received from any fees collected pursuant to subsection A of this section shall be deposited in the water resources fund established by section 45-117, Arizona Revised Statutes.
C. It is the intent of the legislature that the monies generated by the fees collected pursuant to subsection A of this section not exceed $100,200.
D. The department of water resources is exempt from the rulemaking requirements of title 41, chapter 6, Arizona Revised Statutes, for the purpose of establishing fees pursuant to this section until July 1, 2016.
Sec. 11. Conditional enactment
Section 37‑527, Arizona Revised Statutes, as added by this act, does not become effective unless the Constitution of Arizona is amended by vote of the people at the next general election to allow a portion of the annual proceeds of trust lands granted to this state by the United States to be used to manage the trust lands as provided by law.