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REFERENCE TITLE: zero-emission vehicle program; rebate |
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State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024
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HB 2884 |
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Introduced by Representatives Wilmeth: Biasiucci, Hernandez A
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An Act
amending section 44-1305, Arizona Revised Statutes; amending title 49, chapter 3, article 7, Arizona Revised Statutes, by adding sections 49-574 and 49-575; relating to air quality.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 44-1305, Arizona Revised Statutes, is amended to read:
44-1305. Waste tire fund and program
A. A The waste tire fund is established to be administered by the department of revenue consisting of monies collected from the fees applied to tires pursuant to this article. Monies in the fund are exempt from lapsing under section 35-190.
B. At the end of each calendar quarter the department of revenue shall certify to the department of administration and to the department of environmental quality the amounts to be paid from the fund as follows:
1. An amount not to exceed three and one-half per cent percent of the monies in the fund shall be transferred to the department of environmental quality for deposit in the solid waste fee fund established by section 49-881 for monitoring and enforcing this article.
2. An amount not to exceed five per cent percent or two hundred fifty thousand dollars $250,000, whichever is less, may be used by the director of the department of environmental quality for tire fire cleanup expenses if no other funds monies are available.
3. An amount not to exceed nine percent of monies in the fund shall be transferred to the zero-emission vehicle fund established by section 49-575.
3. 4. The remainder of the monies shall be distributed among the counties in this state in proportion to the number of motor vehicles registered in the county as of the preceding July 1. Such monies shall be used by the counties for the purposes prescribed by subsection C of this section.
C. Each county shall establish a waste tire program and shall submit by September 1 of each year a waste tire management plan to the department of environmental quality for review and approval. A waste tire program may include contracts with private enterprise to do any of the following, either individually or collectively:
1. Develop a plan to manage waste tires in the county.
2. Construct or operate or contract for the construction or operation of a waste tire processing facility and purchase equipment for that facility.
3. Contract for a waste tire processing facility service.
4. Remove or contract for the removal of waste tires from the county or other region.
5. Establish waste tire collection centers at solid waste disposal facilities or waste tire processing facilities.
6. Develop an accounting system for the waste tires managed with monies from the waste tire fund.
D. A county with a population of less than four hundred thousand persons as determined by the most recent United States decennial census may join with any other county and pool their financial resources to establish a program pursuant to this section to address the waste tire problem.
E. The department of revenue shall provide an annual report to the legislature and to the department of environmental quality on the collection and distribution of monies in the waste tire fund.
Sec. 2. Title 49, chapter 3, article 7, Arizona Revised Statutes, is amended by adding sections 49-574 and 49-575, to read:
49-574. Zero-emission vehicle program; rules; definition
A. The zero-emission vehicle program is ESTABLISHED within the department to provide rebates to persons who purchase zero-emission vehicles.
b. The director shall adopt rules for the program to:
1. Specify zero-emission vehicle designs that qualify for the program.
2. ESTABLISH procedures to PRIORITIZE monies.
3. Limit the number of rebates AVAILABLE to each class of zero-emission vehicles.
4. allow a person who purchases a zero-emission vehicle to apply for a rebate for a portion of the purchase price of the zero-emission vehicle or assign a rebate to a VEHICLE dealer.
5. Prescribe a rebate application procedure subject to a penalty of perjury.
6. set an annual rebate cap that may vary for each class of zero-emission VEHICLEs.
7. Award rebates only from monies AVAILABLE in the Zero-emission VEHICLE fund ESTABLISHED by section 49-575.
8. provide a procedure for the REIMBURSEMENT of monies from zero-emission VEHICLE owners who receive a rebate but do not comply with the REQUIREMENTS of subsection D, PARAGRAPH 3 of this section. tHE DIRECTOR MAY WAIVE A REIMBURSEMENT REQUIREMENT ON A FINDING OF UNFORESEEABLE OR UNAVOIDABLE CIRCUMSTANCES.
9. make a determination on any valid APPLICATION within sixty days after RECEIPT.
c. The department may:
1. adopt rules to provide ADDITIONAL rebates for fleet owners that purchase zero-emission vehicles that operate in an area subject to the emissions inspection program ESTABLISHED PURSUANT to article 5 of this chapter.
2. Hire an outside contractor to help implement or ADMINISTER the zero-emission vehicle program.
d. a person may apply for a rebate WITHIN six months after purchasing a zero-emission vehicle PURSUANT to this section if all of the following APPLY:
1. the person purchases a zero-emission VEHICLE.
2. the person provides proof of intent to use A zero-emission vehicle primarily in this state.
3. the person attests to do all of the following:
(a) Maintain OWNERSHIP of the zero-emission VEHICLE for twenty-four months or longer after purchase.
(b) Not make any MODIFICATION to the zero-emission VEHICLE that increase the emissions of the VEHICLE.
(c) Notify the director of the transfer OR EMISSIONs SYSTEM MODIFICATION of a zero-emission VEHICLE.
E. A rebate RECIPIENT shall NOTIFY the department of a TRANSFER OF TITLE of a zero-emission vehicle OR an EMISSIONs SYSTEM MODIFICATION.
f. For the purposes of this section, "zero-emission VEHICLE" MEANS A VEHICLE with BOTH OF THE FOLLOWING:
1. A GROSS WEIGHT OF one thousand four HUNDRED POUNDS OR MORE.
2. A DRIVETRAIN THAT PRODUCES ZERO EXHAUST EMISSION, CRITERIA POLLUTANT OR GREENHOUSE GAS.
49-575. Zero-emission vehicle fund
The zero-emission vehicle fund is ESTABLISHED consisting of legislative APPROPRIATIONS, federal MONIES AND PRIVATE GIFTS, GRANTS, CONTRIBUTIONS AND DEVISES and monies TRANSFERS from the waste tire fund ESTABLISHED by section 44-1305. The department shall ADMINISTER the fund. Monies in the fund are subject to legislative appropriation. THE DEPARTMENT may use monies in the fund TO ADMINISTER AND AWARD REBATES PURSUANT TO THE ZERO-EMISSION VEHICLE PROGRAM ESTABLISHED by SECTION 49-574.