HB2338 - 491R

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

Section 1. Section 11-876, Arizona Revised Statutes, is amended to read:

START_STATUTE11‑876. Engine idling restrictions; exemptions; applicability; civil penalty; definitions

A. By July 1, 2002, a county that contains any portion of area A as defined in section 49‑451 shall adopt, implement and enforce ordinances that place limits on the maximum idling time for engines that propel heavy‑duty diesel vehicles with a gross vehicle weight rating of more than fourteen thousand pounds. The ordinances shall at least include exemptions for:

1. Certain types of vehicles, such as police, fire and other emergency vehicles.

2. Certain types of situations such as traffic delays or the need for a driver to sleep in the vehicle.

3. Certain types of equipment operations, such as refrigeration of cargo.

B. A county with a population of less than one million two hundred thousand persons shall adopt, implement and enforce the ordinances required by this section only for those portions of the county that are located in area A.

C. Any other county may adopt, implement and enforce ordinances that comply with this section.

A. Beginning January 1, 2010, the maximum idling time in this state for engines that propel heavy‑duty commercial diesel vehicles that are required to be registered with the department of transportation and that have a gross vehicle weight rating of more than Ten thousand pounds shall be limited to five minutes in any sixty minute period except for the following:

1. Vehicles that idle while stopped for street or highway traffic, for an official traffic control device or at the direction of a law enforcement officer.

2. Vehicles that idle while operating defrosters, heaters or air conditioners, while providing a power source necessary for mechanical operations other than propulsion or while installing equipment that is operated solely to prevent a health or safety emergency.

3. A police, fire, ambulance, public safety, military or other emergency or law enforcement vehicle.

4. A primary propulsion engine that is idling for maintenance, servicing, repairing or diagnostic purposes if idling is required for that activity.

5. A primary propulsion engine that is idling as necessary for powering work-related mechanical or electrical operations other than propulsion, including operating a power takeoff mechanism or other mechanical device that performs the same function as a power takeoff mechanism, mixing or processing cargo or for truck refrigeration. This exemption does not apply to idling for cabin comfort or to operating nonessential onboard equipment.

6. Vehicles that idle pursuant to a state or federal inspection that is intended to verify that all equipment is in good working order if idling is required as a part of the inspection.

7. Armored vehicles that idle while a person remains inside the vehicle to guard the contents or while the vehicle is being loaded or unloaded.

8. Vehicles that idle because of adverse weather conditions affecting the safe operation of the vehicle or the health and safety of the driver.

9. Idling of the primary propulsion engine if necessary to supply heat or air conditioning necessary for passenger comfort or safety in those vehicles operating for commercial passenger transportation or school purposes for up to a maximum of thirty minutes per hour. If ambient temperatures exceed seventy-five degrees fahrenheit, vehicles operating for commercial passenger transportation or school purposes pursuant to this paragraph may idle for up to a maximum of sixty minutes in any ninety minute time period.

10. Idling of the primary propulsion engine if necessary to comply with 40 code of federal regulations part 395 and rules adopted by the Arizona department of transportation regarding hours of service restrictions.

11. Idling of the primary propulsion engine if necessary for continued operation of the engine in adverse weather conditions, including cold temperatures, that could inhibit performance of the vehicle without idling.

B. Beginning January 1, 2010, an owner or operator of a truck stop or a distribution center shall post and maintain permanent signs that are at least twelve inches by eighteen inches in size and that specify the maximum idle time, the relevant statutory reference and the maximum civil penalty amount for violations of idling restrictions.

C. The department of transportation shall post and maintain permanent signs of sufficient size at all points of entry into this state that are maintained by the department of transportation and that specify the maximum idle time and the relevant statutory reference for engine idling restrictions.

D. This section does not apply to motor homes, recreational vehicles, fifth wheel vehicles or other noncommercial vehicles that are used for leisure or recreation activities or to agricultural vehicles that are not required to be registered with the department of transportation.

D. E. A driver who violates an ordinance adopted pursuant to this section is subject to:

1. The imposition of a civil penalty of one hundred dollars for the first violation.

2. The imposition of a civil penalty of three hundred dollars for a second or any subsequent violation.

E. F. Ordinances adopted pursuant to This section may be enforced by a county control officer or any law enforcement officer who is authorized to enforce traffic laws. For violations of ordinances adopted pursuant to this section, an officer shall use a uniform civil ticket and complaint substantially similar to a uniform traffic ticket and complaint prescribed by the rules of procedure in civil traffic cases adopted by the supreme court. The officer may issue citations to persons who violate an ordinance adopted pursuant to this section.

F. G. In enforcing ordinances adopted pursuant to this section, a county control officer or authorized law enforcement officer shall only issue one citation per traffic stop or investigation of a driver whose vehicle exceeds the maximum idling limits established pursuant to this section.

H. This section applies throughout this state, and counties, cities and towns may not enact or enforce an ORDINANCE, rule or regulation that conflicts with this section.

G. I. For the purposes of this section: ,

1. "Commercial diesel vehicle" means a school bus, bus, truck, trailer, semitrailer or truck tractor that uses a diesel engine and that is used to transport passengers or property.

2. "Distribution center" means a place with three or more bays where vehicles load or unload materials.

3. "Idling" means the operation of an engine in the operating mode where the engine is not engaged in gear, where the engine operates at a speed at the revolutions per minute specified by the engine or vehicle manufacturer for when the accelerator is fully released and there is no load on the engine.

4. "Power takeoff mechanism" means a unit that provides power from the engine to a trailer or other equipment.

5. "Primary propulsion engine" means any engine for which the primary function is to provide mechanical power to propel or direct a vehicle, regardless of whether that power is applied directly to the propeller shaft or indirectly by way of an electrical system, and that meets all of the following criteria:

(a) The engine provides a power source necessary for mechanical operations other than propulsion.

(b) The vehicle includes a power takeoff mechanism or other mechanical device performing the same function as a power takeoff mechanism that is powered by the engine for any of the following reasons:

(i) Loading and unloading cargo.

(ii) Mixing or processing cargo.

(iii) Controlling cargo temperature.

(iv) Providing a mechanical extension to perform work functions.

6. "Truck stop" means a facility that is located on or near an interstate highway or other highway and that provides fuel, parking, food or other services for more than one vehicle with a gross vehicle weight of more than ten thousand pounds. END_STATUTE

Sec. 2. Section 15-349, Arizona Revised Statutes, is amended to read:

START_STATUTE15-349. Operation of motor vehicle fleet; options to conventional fuels

A. The governing board of a school district with an average daily membership as defined in section 15‑901 of more than three thousand that is located within or that has bus routes running within area A as defined in section 49‑541 shall develop and implement, subject to the availability of a state air quality funding source, a vehicle fleet plan for vehicles with a gross vehicle weight rating of at least seventeen thousand five hundred pounds for the purpose of encouraging the use of fuels listed pursuant to this subsection in school district owned vehicles. The plan shall provide for at least fifty per cent of the fleet with a gross vehicle weight rating of at least seventeen thousand five hundred pounds to operate on any of the following by December 31, 2004, and each year thereafter:

1. Alternative fuels or clean burning fuels as defined in section 1‑215.

2. Ultra low sulfur diesel fuel as defined in section 49‑558.01 that is used in an engine with an emission control device.

3. Vehicles powered by an engine that meets or exceeds an emission standard for diesel particulate matter of 0.05 grams per brake horsepower hour.

B. Engine retrofits or conversions meet the requirements of subsection A of this section if they have been approved for use by any one of the following:

1. The United States environmental protection agency voluntary retrofit program.

2. The United States environmental protection agency verification protocol for retrofit catalyst particulate filter and engine modification control technologies for highway and nonroad use diesel engines.

3. The California air resources board diesel emission control strategy verification procedure.

4. Sections 43100 and 43102 of the health and safety code of the state of California.

5. Actual emission testing performed on the vehicle.

C. This section does not preclude a school district from using any local, federal or private funding sources that may be available in order to comply with the requirements of this section.

D. If the requirements of subsection A of this section are met by the use of clean burning fuel as defined in section 1-215, vehicle equivalents under those requirements shall be calculated as follows:

1. One vehicle equivalent for every four hundred fifty gallons of neat biodiesel or two thousand two hundred fifty gallons of a diesel fuel substitute prescribed in section 1-215, paragraph 7, subdivision (b).

2. One vehicle equivalent for every five hundred thirty gallons of the fuel prescribed in section 1-215, paragraph 7, subdivision (d).

E. The operator of each school bus used for the transportation of pupils who attend schools in a school district or who attend a charter school shall comply with all of the following requirements:

1. Immediately turn off the engine of the school bus when the school bus arrives at a safe stationary position at the school site.

2. Not start the engine of a stationary school bus more than thirty seconds before the departure of the school bus from the school site.

3. Unless the engine is operating for health, maintenance or safety purposes, turn off the engine of the school bus when the school bus is stationary for more than five minutes on property other than the school site. END_STATUTE

Sec. 3. Title 41, chapter 15, article 6, Arizona Revised Statutes, is amended by adding section 41-2122.01, to read:

START_STATUTE41-2122.01. Motor fuels; life cycle greenhouse gas emissions; study; report; definitions

A. It is the goal of this state to improve economic competitiveness, enhance energy security and reduce greenhouse gas emissions through vehicle fuel conservation and diversification. The goal is to reduce, to the maximum extent that it is technologically feasible and cost-effective, the greenhouse gas intensity of fuel used in this state. The reduction will be measured as a declining standard with respect to greenhouse gases emitted per unit of usable energy over a vehicle fuel's life cycle greenhouse gas emissions.

B. The department of environmental quality, in cooperation with the director of the department of weights and measures, shall conduct a study on the technical feasibility and cost‑effectiveness of reducing the life cycle greenhouse gas emissions from motor fuels shipped to and sold or offered for sale in this state. There shall be an opportunity for public comment in determining the scope of work for the study. The study shall consider international experience and any research conducted under the federal energy independence and security act of 2007, California Laws 2006, chapter 488 and California executive order S-01-07 and shall include consideration and analysis of all of the following factors:

1. The cost of producing and delivering motor fuels with life cycle greenhouse gas emissions below the fuel emissions baseline.

2. The impact of reductions in life cycle greenhouse gas emissions from motor fuels on all of the following:

(a) The ability to produce motor fuels for this state.

(b) The supply of motor fuels to this state.

(d) Total emissions of greenhouse gases and the impact on the environment from those emissions.

3. Methods for encouraging voluntary early reductions in life cycle greenhouse gas emissions from motor fuels.

4. Whether reductions in life cycle greenhouse gas emissions from motor fuels disproportionately affect low-income communities.

5. Whether reductions in life cycle greenhouse gas emissions from motor fuels complement or interfere with achieving and maintaining compliance with national, state and local ambient air quality standards.

6. Whether reducing life cycle greenhouse gas emissions from motor fuels, including reductions in other air pollutants, results in diversification of energy sources and other impacts to the economy, environment and public health and welfare.

7. Methods for minimizing the administrative burdens of programs designed to reduce life cycle greenhouse gas emissions.

8. Whether reductions in life cycle greenhouse gas emissions from motor fuels used in this state are offset by increased emissions of greenhouse gases outside this state.

9. The significance of the contribution of each source or category of sources of greenhouse gas emissions to the statewide greenhouse gas emissions total.

10. The cost-effectiveness of greenhouse gas emissions reductions measured in dollars per metric ton of reduced greenhouse gases, as expressed in carbon dioxide equivalence.

C. On or before December 31, 2011, the department of environmental quality shall publish a report of its findings and recommendations resulting from the study conducted pursuant to this section. The department of environmental quality shall submit the report to the governor, the president of the senate and the speaker of the house of representatives and provide a copy of the report to the secretary of state and the director of the Arizona state library, archives and public records. Before the delivery of the report, the director shall conduct at least three public meetings in distinct areas of this state in order to present the draft report to members of the general public and shall receive public comments in writing and orally at the meetings. The department shall prepare a response to public comments to be delivered with the final report.

D. For the purposes of this section:

1. "Greenhouse gas" means any of the following:

(a) Carbon dioxide.

(b) Methane.

(d) Hydrofluorocarbons.

(e) perfluorocarbons.

(f) Sulfur hexafluoride.

2. "Life cycle greenhouse gas emissions" means the aggregate quantity of greenhouse gas emissions, including direct emissions and significant indirect emissions such as significant emissions from land use changes, related to the full fuel life cycle, including all stages of fuel and feedstock production and distribution, from feedstock generation or extraction through the distribution and delivery and use of the finished fuel to the ultimate consumer, in which the mass values for all greenhouse gases are adjusted to account for their relative global warming potential. END_STATUTE

Sec. 4. Section 44-1554, Arizona Revised Statutes, is amended to read:

START_STATUTE44-1554. Prohibited practices

It is a violation of this article for any distributor directly or indirectly or through any officer, agent or employee to engage in any of the following practices:

1. To prohibit directly or indirectly the right of free association among dealers for any lawful purpose.

2. To fail to act in good faith in performing or complying with any terms, or provisions of or collateral to a franchise.

3. To terminate or cancel a franchise without good cause.

4. To use undue influence to induce a dealer to surrender any right given to the dealer by any provision contained in the franchise.

5. To cancel, terminate, fail to renew or to threaten the cancellation, termination or nonrenewal of any franchise because of the dealer's failure to purchase merchandise or products sold by the distributor where if the requirement that the dealer sell exclusively the merchandise or products of the distributor would be a violation of any law, rule or regulation of this state or of the United States.

6. To change or modify any restrictions upon nonpetroleum related business activities of the gasoline dealer during the term of his the franchise.

7. To unreasonably reduce, limit or curtail the supply of gasoline or other petroleum products to any dealer.

8. To cancel or terminate a franchise solely to secure for its own account the distributor's more successful or profitable franchise stations.

9. To place unreasonable restrictions upon nonpetroleum related business activities of the dealer.

10. To engage in any conduct that violates section 241 of the federal energy independence and security act of 2007. Definitions that apply to section 241 of the federal act shall apply for the purposes of this paragraph. END_STATUTE

Sec. 5. Repeal

Section 49-409, Arizona Revised Statutes, is repealed.

Sec. 6. Title 49, chapter 3, article 2, Arizona Revised Statutes, is amended by adding section 49-446, to read:

START_STATUTE49-446. Hydrofluorocarbon release prohibited; civil enforcement; outreach

A. Beginning January 1, 2010, a person shall not knowingly vent or otherwise release into the environment any vehicle refrigerant in violation of 40 Code of Federal Regulations part 82, subpart F during repair or reconditioning or otherwise. A person who violates this section is subject to civil enforcement by the attorney general pursuant to sections 49-460, 49‑461, 49‑462 and 49-463.

B. The department shall adopt and implement an industry outreach process that is designed to inform businesses and individuals of the prohibitions and penalties prescribed by this section and to encourage compliance with its provisions. The department shall not institute enforcement action against any business or individual pursuant to this section until at least one year after implementation of the department's industry outreach process.

C. The department shall include in its annual report a description of enforcement actions taken pursuant to this section. END_STATUTE