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ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
ENACTED
AMENDED
FACT SHEET FOR H.B. 2753/S.B. 1556
environment; appropriation; 2019-2020.
Purpose
Makes statutory and session law changes relating to the environment necessary to implement the FY 2020 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.
H.B. 2753 contains the budget reconciliation provisions for changes relating to the environment.
Provisions
Wildland Fire Suppression Service Claims
1. Increases, from $10 million to $20 million, the maximum amount allowed in the Budget Stabilization Fund for payment of outstanding unreimbursed claims certified by the State Forester as valid for federal reimbursement.
Nonnative Vegetation Species Eradication Fund
2. Establishes the Nonnative Vegetation Species Eradication Fund consisting of legislative appropriations for specific nonnative vegetation invasive species eradication projects.
3. Directs the Arizona Department of Forestry and Fire Management (DFFM) to:
a) coordinate with the State Land Department on eradication projects conducted on State Trust Land;
b) coordinate with the Arizona Game and Fish Department on eradication projects;
c) monitor and oversee eradication projects for which the Legislature specifically appropriates monies;
d) provide grants to other state agencies, cities, towns, counties, Indian tribes and other political subdivisions and to nonprofit organizations for nonnative vegetation invasive species eradication projects that will assist in preventing fire and flooding, conserving water, replacing nonnative vegetative species with native vegetative species and restoring habitat to wildlife; and
e) establish application procedures and qualification criteria for eradication project grants.
4. Requires DFFM to annually report, by September 1, to the Joint Legislative Budget Committee and the Governor’s Office of Strategic Planning and Budgeting the total expenditures from the previous year for eradication projects indicating:
a) each project’s expenditures;
b) the benefits of each project to the treated land;
c) the status of each project; and
d) each project’s projected timeline for completion.
5. Requires an eradication project grant recipient to follow state and federal laws to preserve endangered species when implementing the eradication project.
6. Requires nonnative vegetation species eradication project grants to be awarded pursuant to statutory requirements for the Solicitation and Award of Grants.
7. Specifies that monies in the Nonnative Vegetation Species Eradication Fund are continuously appropriated to DFFM and exempt from lapsing.
8. Directs the State Treasurer to invest and divest monies in the Nonnative Vegetation Species Eradication Fund and credits monies earned from investment to the fund.
Range Livestock Branding
9. Allows a range livestock brand of the same design or figure of a previously recorded brand to be rerecorded if the brand was issued on or before August 2, 2017, without protest.
Arizona Department of Environmental Quality (ADEQ)
10. Authorizes ADEQ to use up to $6,531,000 from the Underground Storage Tank Revolving Fund for ADEQ administrative costs and remediating sewage discharge issues in Naco, Arizona, and other border areas of Arizona.
Air Quality Permit Administration Fund
11. Allows monies in the Permit Administration Fund to be used to provide staff support for the Oil and Gas Conservation Commission.
Emissions Inspection Fund
12. Allows monies in the Emissions Inspection Fund to be used for air quality travel reduction programs.
13. Directs the Director of ADEQ to charge the same emissions testing fees in FY 2020 as FY 2019 for tests conducted in Area A, which is the greater Phoenix area.
14. Exempts ADEQ from rulemaking requirements until July 1, 2020, to establish FY 2020 vehicle emissions testing fees.
Arizona State Parks Board
15. Authorizes the Arizona State Parks Board to use up to $692,100 from the Arizona State Parks Board portion of the Off-Highway Vehicle Recreation Fund in FY 2020 for repairs, maintenance and development of the Arizona portion of the Great Western Trail.
Arizona Department of Water Resources (ADWR)
16. Authorizes the Arizona Water Protection Fund Commission to grant up to $336,000 of unobligated monies in the Arizona Water Protection Fund in FY 2020 to ADWR to pay for AWDR’s FY 2020 administrative costs.
17. Authorizes the Director of ADWR to increase water resources service fees for FY 2020 and requires collected service fee monies to be deposited in the Water Resources Fund.
18. States that it is the intent of the Legislature that generated water resources service fees not exceed $100,200.
19. Exempts ADWR from rulemaking requirements until July 1, 2020, to establish FY 2020 water resources service fees.
Arizona Navigable Stream Adjudication Commission
20. Continues to include legal fees as an authorized use in FY 2020 of Arizona Water Banking Fund monies appropriated to the Arizona Navigable Stream Adjudication Commission.
Water Quality Assurance Revolving Fund
21. Suspends, for FY 2020, the statutory state General Fund appropriation to the Water Quality Assurance Revolving Fund.
22. Appropriates, in FY 2020, the following to the Water Quality Assurance Revolving Fund:
a) $2.8 million from the Emissions Inspection Fund;
b) $2.6 million from the Air Quality Fund;
c) $5 million from the UST Revolving Fund;
d) $1 million from the Permit Administration Fund; and
e) $2,152,000 from the Recycling Fund.
23. States that it is the intent of the Legislature that the amounts appropriated to the Water Quality Assurance Revolving Fund be supplemented by $2 million directly deposited in the Water Quality Assurance Revolving Fund.
Miscellaneous
24. Makes technical and conforming changes.
25. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. Adds remediating sewage discharge issues in all border areas of Arizona, rather than just in Naco, Arizona, to permitted uses of the Underground Storage Tank Revolving Fund.
2. Decreases the FY 2020 Water Quality Assurance Revolving Fund (WQARF) appropriation from the Vehicle Emissions Inspection Fund by $1 million, to a total of $2.8 million.
3. Decreases the FY 2020 WQARF appropriation from the Air Quality Fund by $2 million, to a total of $2.6 million.
4. Decreases the FY 2020 WQARF appropriation from the Permit Administration Fund by $1 million, to a total of $1 million.
5. Removes the FY 2020 $1 million WQARF appropriation from the Water Quality Fee Fund and instead appropriates $5 million in FY 2020 from the UST Revolving Fund.
6. Removes the limitation of which Permit Administration Fund monies may be used for staff support of the Oil and Gas Conservation Commission.
7. Makes technical changes.
House Action Senate Action
APPROP 5/22/19 DP 7-4-0-0 APPROP 5/22/19 DP 5-3-2
3rd Read 5/24/19 31-29-0 3rd Read 5/27/19 17-12-1
(H.B. 2753 was substituted for S.B. 1556 on
3rd Read)
Signed by the Governor 5/31/19
Chapter 269
Prepared by Senate Research
June 4, 2019
KN/gs