Chapter 0280 - 532R - S Ver of SB1525

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

Section 1. Section 49-210, Arizona Revised Statutes, is amended to read:

START_STATUTE49-210. Water quality fee fund; appropriation; exemption; monies held in trust

A. The water quality fee fund is established consisting of monies appropriated by the legislature and fees received pursuant to sections 49‑104, 49‑203, 49‑241, 49-241.02, 49‑242, 49‑255.01, 49‑332, 49-352, 49‑353 and 49-361. The director shall administer the fund.

B. Monies in the fund are subject to annual legislative appropriation to the department for water quality programs. Monies in the fund are exempt from the provisions of section 35‑190 relating to lapsing of appropriations.

C. On notice from the director, 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.

D. Monies in the water quality fee fund shall be used for the following purposes:

1. The issuance of aquifer protection permits pursuant to section 49‑241.

2. The aquifer protection permit registration fee procedures pursuant to section 49‑242.

3. Dry well registration fee procedures pursuant to section 49‑332.

4. Technical review fee procedures pursuant to section 49‑353.

5. Inspection fee procedures pursuant to section 49‑104, subsection C.

6. The issuance of permits under the Arizona pollutant discharge elimination system program pursuant to section 49‑255.01.

7. Operator certification pursuant to sections 49‑352 and 49‑361.

8. Paying the cost of implementing section 49‑203, subsection A, paragraph 6 and section 49‑221, subsection E.

9. Water quality monitoring pursuant to section 49‑225 and reporting of aquifer pollution information pursuant to section 49‑249.

E. Any fee, assessment or other levy that is authorized by law or administrative rule and that is collected and deposited in the water quality fee fund shall be held in trust. The monies in the fund may be used only for the purposes prescribed by statute and shall not be appropriated or transferred by the legislature to fund the general operations of this state or to otherwise meet the obligations of the general fund of this state. This subsection does not apply to any taxes or other levies that are imposed pursuant to title 42 or 43. END_STATUTE

Sec. 2. Laws 2018, chapter 225, section 11 is amended to read:

Sec. 11. Conditional repeal; notice

A. Sections 17-265, 35-142, 49-104, 49-203, 49-210, 49-261, 49-262 and 49-263.01, Arizona Revised Statutes, as amended by this act, are repealed on August 1, 2023 unless the United States environmental protection agency approves the department of environmental quality's clean water act section 404 dredge and fill permit program established pursuant to title 49, chapter 2, article 3.2, Arizona Revised Statutes, as added by this act, under the terms of the clean water act, 33 United States code sections 1251 through 1376.

B. A. Title 49, chapter 2, article 3.2, Arizona Revised Statutes, as added by this act Laws 2018, chapter 225, section 6, is repealed on August 1, 2023 unless the United States environmental protection agency approves the department of environmental quality's clean water act section 404 dredge and fill permit program established pursuant to title 49, chapter 2, article 3.2, Arizona Revised Statutes, as added by this act Laws 2018, chapter 225, section 6, under the terms of the clean water act, 33 United States Code sections 1251 through 1376.

C. B. The director of environmental quality shall notify in writing the director of the Arizona legislative council on or before September 1, 2023 either:

1. Of the date on which the condition was met.

2. That the condition was not met.

Sec. 3. Arizona water protection fund; use

Notwithstanding section 45‑2114, Arizona Revised Statutes, in fiscal year 2018-2019, 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 2018-2019.

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 established by section 28‑1176, Arizona Revised Statutes, in fiscal year 2018-2019 for parks board operating expenses.

Sec. 5. Underground storage tank revolving fund; use of monies

Notwithstanding any other law, in fiscal year 2018‑2019, the department of environmental quality may use up to $6,531,000 from the underground storage tank revolving fund established by section 49‑1015, Arizona Revised Statutes, in fiscal year 2018-2019 for:

1. Administrative costs of the department.

2. Remediating sewage discharge issues in Naco, Arizona.

Sec. 6. Arizona water banking fund; use

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 year 2018‑2019 to pay legal fees.

Sec. 7. Appropriations; reduction; water quality assurance revolving fund; intent

A. Notwithstanding section 49‑282, Arizona Revised Statutes, no monies are appropriated from the state general fund to the water quality assurance revolving fund established by section 49-282, Arizona Revised Statutes, for fiscal year 2018-2019.

B. Notwithstanding any other law, the following amounts from the following sources are appropriated in fiscal year 2018-2019 to the water quality assurance revolving fund established by section 49-282, Arizona Revised Statutes:

1. $6,500,000 from the emissions inspection fund established by section 49-544, Arizona Revised Statutes.

2. $5,000,000 from the air quality fund established by section 49‑551, Arizona Revised Statutes.

3. $2,052,000 from the recycling fund established by section 49‑837, Arizona Revised Statutes.

C. It is the intent of the legislature that the amounts appropriated in subsection B of this section be supplemented by $2,000,000 of monies directly deposited in the water quality assurance revolving fund established by section 49‑282, Arizona Revised Statutes.

Sec. 8. Appropriation; department of water resources; independent consultant; groundwater; report; exemption

A. The sum of $100,000 is appropriated from the state general fund in fiscal year 2018-2019 to the department of water resources for the purposes of contracting with an independent consultant to estimate the rate of groundwater depletion in the Northwest basins planning area and estimate the number of years of groundwater remaining in the basin. The department of water resources shall issue a request for proposals for the independent consultant that shall include a requirement to issue a report on its findings. The department shall provide its data on groundwater in the Northwest basins planning area to the independent consultant. On or before December 31, 2019, the department of water resources shall submit the independent consultant's report on its findings to the speaker of the house of representatives, the president of the senate and the governor and provide a copy to the secretary of state.

B. The appropriation made in subsection A of this section is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations.

Sec. 9. Permit administration fund; underground storage tank revolving fund; use; e-licensing project

A. Notwithstanding section 49-455, Arizona Revised Statutes, the department of environmental quality may use the amount appropriated in fiscal year 2018-2019 from the permit administration fund established by section 49-455, Arizona Revised Statutes, for the costs of developing and implementing an e-licensing project.

B. Notwithstanding section 49-1015, Arizona Revised Statutes, the department of environmental quality may use the amount appropriated in fiscal year 2018-2019 from the underground storage tank revolving fund established by section 49-1015, Arizona Revised Statutes, for the costs of developing and implementing an e-licensing project.

Sec. 10. Department of environmental quality; vehicle emissions testing fees; exemption from rulemaking

A. Notwithstanding any other law, the director of environmental quality shall charge the same fees in fiscal year 2018-2019 that were charged in fiscal year 2017-2018 for tests conducted in Area A, as defined in section 49‑541, Arizona Revised Statutes.

B. The department of environmental quality is exempt from the rulemaking requirements of title 41, chapter 6, Arizona Revised Statutes, until July 1, 2019 for the purpose of establishing fees pursuant to this section.

Sec. 11. Water resources fees; increase; intent; exemption from rulemaking

A. Notwithstanding any other law, the director of water resources may increase fees in fiscal year 2018-2019 for services in fiscal year 2018‑2019.

B. Monies received from the 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, until July 1, 2019 for the purpose of establishing fees pursuant to this section.