Assigned to APPROP FOR
COMMITTEE
Assigned to APPROP FOR
COMMITTEE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
environment; budget reconciliation; 2018-2019
Purpose
Makes statutory and session law changes relating to the environment necessary to implement the FY 2019 state budget.
Background
The Arizona Constitution prohibits substantive law from being included in the general appropriations, capital outlay appropriations and supplemental appropriations bills. However, it is often necessary to make statutory and session law changes to effectuate the budget. Thus, separate bills called budget reconciliation bills (BRBs) are introduced to enact these provisions. Because BRBs contain substantive law changes, the Arizona Constitution provides that they become effective on the general effective date, unless an emergency clause is enacted.
S.B. 1525 contains the budget reconciliation provisions for changes relating to the environment.
Provisions
Arizona Department of Water Resources (ADWR)
1. Establishes the La Paz County West Basin Water Users Advisory Council and the Mohave County West Basin Water Users Advisory Council (Advisory Councils), each consisting of nine members who represent groundwater users in five specified groundwater basins.
2. Establishes member qualifications, appointments and terms of office.
3. Requires the Advisory Councils to:
a) analyze groundwater withdrawal data developed by ADWR;
b) recommend programs and policies regarding the specified groundwater basins;
c) submit comments to the ADWR Director on any draft best management practices before any plans for the specified groundwater basins are submitted to the Legislature;
d) analyze underground water storage in the specified groundwater basins and provide recommendations to the ADWR Director regarding storage; and
e) submit a report to the Governor and the Legislature, including recommendations by December 31, 2022.
4. Allows ADWR to collect information from water users who voluntarily provide that information and prohibits ADWR from installing well meters or monitors to develop estimates related to groundwater withdrawals.
5. Outlines reporting requirements and administrative responsibilities for the Advisory Councils.
6. Repeals the Advisory Councils on July 1, 2026.
7. Appropriates $200,000 from the state General Fund to ADWR in FY 2019 and $300,000 in FY 2020 for purposes of conducting a study to estimate groundwater withdrawals and associated effects on the aquifers of the specified groundwater basins. Allows ADWR to partner with a state university to conduct the study. A final report is due by December 31, 2021.
8. Requires ADWR to submit an expenditure report to the Joint Legislative Budget Committee prior to expenditure of the FY 2020 appropriation.
9. Continues to allow the Water Protection Fund Commission to grant up to $336,000 of the unobligated balance in the Water Protection Fund to ADWR for administrative costs in FY 2019.
10. Continues to allow the ADWR Director to increase fees for services in FY 2019, not to exceed $100,200. Requires monies collected to be deposited in the Water Resources Fund and exempts ADWR from rulemaking requirements for the purpose of establishing the fees until July 1, 2019.
Arizona Department of Environmental Quality (ADEQ)
11. Expands the use of the Water Quality Fee Fund to include:
a) costs relating to implementing a program for direct reuse of reclaimed water;
b) monitoring the quality of waters of the state for pollutants; and
c) reporting information relating to levels of pollutants found in aquifers of the state.
12. Eliminates language in Laws 2018, Chapter 225 that would erroneously repeal sections of statute if the Dredge and Fill Permit Program is not approved by the Environmental Protection Agency by August 1, 2023.
13. Allows ADEQ to use up to $6,531,000 from the Underground Storage Tank (UST) Revolving Fund in FY 2019 for administrative costs and to remediate sewage discharge issues in Naco, Arizona.
14. Suspends the requirement to appropriate monies from the state General Fund to the Water Quality Assurance Revolving Fund (WQARF) for FY 2019 and appropriates monies to WQARF as follows:
a) $6,500,000 from the Emissions Inspection Fund;
b) $5,000,000 from the Air Quality Fund; and
c) $2,052,000 from the Recycling Fund.
15. States an intent to supplement the above appropriated amount by $2,000,000 from monies directly deposited in the WQARF, which consists of revenue generated from various license and registration fees.
16. Allows ADEQ to use monies in the Permit Administration Fund and the UST Revolving Fund to develop and implement an e-licensing project.
17. Requires the ADEQ Director to charge the same fees in FY 2019 that were charged in FY 2018 for vehicle emissions tests conducted in Area A (Maricopa County and portions of Pinal and Yavapai counties) and exempts ADEQ from rulemaking requirements related to these fees until July 1, 2019.
Arizona State Parks Board (ASPB)
18. Continues to allow the ASPB to spend up to $692,100 from the ASPB portion of the Off‑Highway Vehicle Recreation Fund in FY 2019 for agency operating expenses.
Arizona Navigable Stream Adjudication Commission (ANSAC)
19. Allows monies appropriated to ANSAC from the Arizona Water Banking Fund to be used to pay legal fees in FY 2019.
Miscellaneous
20. Makes technical and conforming changes.
21. Becomes effective on the general effective date.
Prepared by Senate Research
May 1, 2018
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