Assigned to APPROP &                                                                                                                    AS ENACTED

 

 

 

 

ARIZONA STATE SENATE

Fifty-Third Legislature, Second Regular Session

 

ENACTED

 

AMENDED

FACT SHEET FOR S.B. 1525/H.B. 2658

 

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/H.B. 2658 contains the budget reconciliation provisions for changes relating to the environment.

 

Provisions

 

Arizona Department of Water Resources (ADWR)

 

1.      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.

 

2.      Appropriates $100,000 from the state General Fund to ADWR for purposes of contracting with an independent consultant to analyze data provided by ADWR to estimate the:

a)      rate of groundwater depletion in the northwest basins planning area; and

b)      number of years of groundwater remaining in the basins.

 

3.      Requires ADWR to submit the consultant's report on its finding to the Governor and Legislature by December 31, 2019.

 

4.      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)

 

5.      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.

 

6.      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.

 

7.      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.

 

8.      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.

 

9.      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.

 

10.  Allows ADEQ to use monies in the Permit Administration Fund and the UST Revolving Fund to develop and implement an e-licensing project.

 

11.  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)

 

12.  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)

 

13.  Allows monies appropriated to ANSAC from the Arizona Water Banking Fund to be used to pay legal fees in FY 2019.

 

Miscellaneous

 

14.  Makes technical and conforming changes.

 

15.  Becomes effective on the general effective date.

Amendments Adopted by Committee of the Whole

 

1.      Removes language establishing the Advisory Councils and deletes related provisions.

 

2.      Eliminates the appropriations ($200,000 in FY 2019 and $300,000 FY 2020) to ADWR for the purpose of analyzing groundwater withdrawal data in five specified groundwater basins located in western Arizona.  Deletes related provisions.

 

3.      Appropriates $100,000 from the state General Fund to ADWR in FY 2019 for purpose of contracting with an independent consultant to analyze data on groundwater depletion in northwest Arizona and developing a report.

 

Senate Action                                                              House Action

 

APPROP         5/1/18     DP     9-1-0                          APPROP         5/1/18     DP     7-5-0-2

3rd Read          5/3/18               16-13-1                      3rd Read          5/3/18               35-24-1

(S.B. 1525 was substituted for H.B. 2658 on

3rd Read)

 

Signed by the Governor on 5/3/18

Chapter 280

 

Prepared by Senate Research

May 8, 2018

KK/lb