ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

Second Regular Session

House: NREW DP 11-0-0-1

HB2054: water quality appeals board; continuation

Sponsor: Representative Griffin, LD 14

House Engrossed

Overview

Continues the Water Quality Appeals Board (Board) until July 1, 2030.

History

The Board allows an individual to appeal a water quality regulatory decision made by the Arizona Department of Environmental Quality (ADEQ) if it will negatively impact the individual. Appeals may involve water quality permits, whether a facility will be regulated under the aquifer protection permit program or numeric values that collectively indicate whether a pesticide could pollute groundwater (A.R.S. § 49-323). The Board will affirm ADEQ's decision unless it concludes the decision is arbitrary, unreasonable, unlawful or based on invalid technical judgement (A.R.S. § 49-324). The decisions of the Board may be appealed to the superior court (A.R.S. § 49-323).

This Board is established within the Arizona Department of Administration and consists of three members appointed by the Governor. One member must be an attorney licensed to practice in Arizona and all members must have the technical competence to perform the duties of the Board (A.R.S. § 49-322).

On January 5, 2022, the House and Senate Natural Resources, Energy & Water Committees of Reference met to conduct a review on the Board and recommended that the Board be continued for eight years.

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteRepeals the Board on January 1, 2031. (Sec. 1)

2.   Continues, retroactive to July 1, 2022, the Board until July 1, 2030. (Sec. 2, 4)

3.   Contains a purpose statement. (Sec. 3)

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7.                     HB 2054

8.   Initials PAB/KM    Page 0 House Engrossed

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