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ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
environment; budget reconciliation; 2020-2021.
Purpose
Makes statutory and session law changes relating to the environment necessary to implement the FY 2021 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. 1689 contains the budget reconciliation provisions for changes relating to the environment.
Provisions
Arizona Department of Environmental Quality (ADEQ)
1. 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.
Emissions Inspection Fund
2. Directs the Director of ADEQ to charge the same emissions testing fees in FY 2021 as FY 2020 for tests conducted in Area A, which is the greater Phoenix area.
3. Exempts ADEQ from rulemaking requirements until July 1, 2021, to establish FY 2021 vehicle emissions testing fees.
Arizona Department of Water Resources (ADWR)
4. Authorizes the Arizona Water Protection Fund Commission to grant up to $336,000 of unobligated monies in the Arizona Water Protection Fund in FY 2021 to ADWR to pay for AWDRs FY 2021 administrative costs.
5. Authorizes the Director of ADWR to increase water resources service fees for FY 2021 and requires collected service fee monies to be deposited in the Water Resources Fund.
6. Expresses the intent of the Legislature that generated water resources service fees not exceed $100,200.
7. Exempts ADWR from rulemaking requirements until July 1, 2021, to establish FY 2021 water resources service fees.
Arizona Navigable Stream Adjudication Commission
8. Continues to include legal fees as an authorized use in FY 2021 of Arizona Water Banking Fund monies appropriated to the Arizona Navigable Stream Adjudication Commission.
Water Quality Assurance Revolving Fund (WQARF)
9. Caps the FY 2021 state General Fund appropriation to WQARF at $10 million.
10. Appropriates, in FY 2021, the following to WQARF:
a) $2,779,900 from the Emissions Inspection Fund;
b) $1,096,900 from the Air Quality Fund; and
c) $1,045,400 from the Recycling Fund.
11. Declares the Legislature's intent that the fund balances in the Emissions Inspection Fund, the Air Quality Fund and the Recycling Fund be evaluated to determine whether sufficient monies are available to continue to use these fund sources for WQARF in FY 2022.
Miscellaneous
12. Becomes effective on the general effective date.
Prepared by Senate Research
March 18, 2020
KN/gs