SB1212 - 571R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 37, chapter 2, article 4, Arizona Revised Statutes, is amended by adding section 37-292, to read:

START_STATUTE37-292. Agricultural lessees; state lands; accepted practices; lease renewal; immunity; definition

A. The commissioner shall require an agricultural lessee of state lands to comply with all applicable local ordinances and state and federal and generally accepted farming practices on state lands, including rules and laws regarding using fertilizers, biosolids and soil amendments as prescribed by sections 49-255.03 and 49-468 and rules adopted pursuant to those sections.

B. A person's use of fertilizers, biosolids and soil amendments on state lands that are subject to an agricultural lease is presumed reasonable pursuant to section 3-112 if the use complies with sections 49-255.03 and 49-468 and rules adopted pursuant to those sections.

C. The commissioner may not prohibit the use of fertilizers, biosolids or soil amendments as a condition of renewing the lease of state lands if the department of environmental quality has not made a finding that the lessee's use of state land is in violation of sections 49-255.03 and 49-468 and rules adopted pursuant to those sections. The commissioner may terminate or deny the renewal of any lease if the lessee VIOLATES section 49-255.03 or 49-468 or any rules adopted pursuant to those sections.

D. On written request, an agricultural lessee of state lands shall provide the commissioner a copy of all applicable permits and registration from the department of environmental quality.

E. If the commissioner is in compliance with this section, the commissioner, the department, the state land trust, this state and any counties of this state are immune from all liabilities or damages arising from any action relating to the use of fertilizers, biosolids or soil amendments on state land.

F. for the PURPOSES of this section, "biosolids" means sewage sludge that is APPLIED to land for use as a soil amendment, CONDITIONER or FERTILIZER. END_STATUTE

Sec. 2. Section 49-255.03, Arizona Revised Statutes, is amended to read:

START_STATUTE49-255.03. Sewage sludge program; rules and requirements

A. The director shall adopt rules to establish a sewage sludge program that is consistent with the requirements of sections 402 and 405 of the clean water act. Except as otherwise required by this article, the director shall not adopt any requirement that is more stringent than any requirements of the clean water act. The director shall not adopt any requirement that conflicts with any requirement of the clean water act.

B. The rules adopted by the director shall provide for the regulation of all sewage sludge use or disposal practices used in this state.

C. Notwithstanding any other law or rule, the director shall require any land application of a substance that contains sewage or septage to comply with the rules established pursuant to subsection A of this section, including pathogen reduction requirements that is are consistent with the clean water act. Rules adopted pursuant to this section relating to land application of sewage sludge may not conflict with section 49-468 relating to the application of biosolids to agricultural lands.

D. Notwithstanding any other law or rule, a biosolid combined with a solid waste shall be regulated as a solid waste pursuant to chapter 4 of this title. END_STATUTE

Sec. 3. Section 49-457, Arizona Revised Statutes, is amended to read:

START_STATUTE49-457. Agricultural best management practices committee; members; powers; permits; enforcement; preemption; definitions

A. A The agricultural best management practices committee for regulated agricultural activities is established.

B. The committee shall consist of:

1. The director of environmental quality or the director's designee.

2. The director of the Arizona department of agriculture or the director's designee.

3. The dean of the college of agriculture of the university of Arizona or the dean's designee.

4. The state director of the United States natural resources conservation service or the director's designee.

5. One person actively engaged in the production of citrus.

6. One person actively engaged in the production of vegetables.

7. One person actively engaged in the production of cotton.

8. One person actively engaged in the production of alfalfa.

9. One person actively engaged in the production of grain.

10. One soil taxonomist from the university of Arizona college of agriculture.

11. One person actively engaged in the operation of a beef cattle feed lot.

12. One person actively engaged in the operation of a dairy.

13. One person actively engaged in the operation of a poultry facility.

14. One person actively engaged in the operation of a swine facility.

15. One person who is employed by a county air quality department or agency.

C. The governor shall appoint the members designated pursuant to subsection B, paragraphs 5 through 15 of this section for a term of six years. Members may be reappointed. Members are not entitled to compensation for their services but are entitled to receive reimbursement of expenses pursuant to title 38, chapter 4, article 2.

D. The committee shall elect a chairperson from the appointed members to serve a two-year term.

E. The committee shall meet at the call of the chairperson or at the request of a majority of the appointed members.

F. The department of environmental quality, the Arizona department of agriculture and the college of agriculture of the university of Arizona shall cooperate with and provide technical assistance and any necessary information to the committee. The department of environmental quality shall provide the necessary staff support and meeting facilities for the committee.

G. A person who commences a regulated agricultural activity that is subject to an agricultural general permit adopted pursuant to this section shall immediately comply with the general permit.

H. The committee shall adopt and, as necessary and appropriate, amend by rule an agricultural general permit specifying best management practices, including recordkeeping and reporting requirements, for regulated agricultural activities to reduce fugitive PM-10 emissions. The committee shall adopt by rule a list of best management practices, at least one of which shall be used in areas designated as moderate nonattainment for PM-10 and at least two of which shall be used in areas designated as serious nonattainment for PM-10, to demonstrate compliance with applicable provisions of the general permit. Best management practices may vary within the regulated area, according to regional or geographical conditions or cropping patterns. the committee may provide recommendations to the department to adopt Rules that include requirements for the application of biosolids to agricultural land and that are consistent with section 49-468 and REGULATIONS promulgated by the United States ENVIRONMENTAL protection agency regarding STANDARDS for the use or disposal of sewage sludge.

I. Fugitive PM-10 emissions from regulated agricultural activities that are subject to an agricultural general permit pursuant to this section are not subject to a permit issued pursuant to section 49-426 except as follows:

1. If the fugitive PM-10 emissions are from regulated agricultural activities at a stationary source that is otherwise required to obtain a permit pursuant to section 49-426, the permit issued pursuant to section 49-426 shall be subject to conditions as necessary to ensure compliance with federal, state and county regulations approved as a part of the state implementation plan, including regulations adopted under section 110(a)(2)(c) of the clean air act.

2. A person for whom an agricultural general permit has been revoked under subsection L of this section must obtain a permit pursuant to section 49-426 that includes enforceable conditions that impose best management practices on fugitive PM-10 emissions from regulated agricultural activities.

J. If a person who is engaged in a regulated activity is not in compliance with the general permit and that person has not previously been subject to a compliance order issued pursuant to this section, the director may serve on the person by certified mail an order requiring compliance with the general permit and notifying the person of the opportunity for a hearing pursuant to title 41, chapter 6, article 10. The order shall state with reasonable particularity the nature of the noncompliance and shall specify that the person has a period that the director determines is reasonable, but is not less than sixty days, to submit a plan to the supervisors of the natural resource conservation district in which the person engages in the regulated activity that specifies the best management practices from among those adopted in rule pursuant to subsection H of this section that the person will use to comply with the general permit.

K. If a person who is engaged in a regulated activity is not in compliance with the general permit, and that person has previously submitted a plan pursuant to subsection J of this section, the director may serve on the person by certified mail an order requiring compliance with the general permit and notifying the person of the opportunity for a hearing pursuant to title 41, chapter 6, article 10. The order shall state with reasonable particularity the nature of the noncompliance and shall specify that the person has a period that the director determines is reasonable, but is not less than sixty days, to submit a plan to the department that specifies the best management practices from among those adopted in rule pursuant to subsection H of this section that the person will use to comply with the general permit.

L. If a person fails to comply with the plan submitted pursuant to subsection K of this section, the director may revoke the agricultural general permit for that person and require that the person obtain an individual permit pursuant to section 49-426. A revocation becomes effective after the director has provided the person with notice and an opportunity for a hearing pursuant to title 41, chapter 6, article 10.

M. The committee shall develop and commence an education program. The education program shall be conducted by the director or the director's designee or designees.

N. The regulation of fugitive PM-10 emissions produced by regulated agricultural activities is a matter of statewide concern. Accordingly, except for rules incorporated into the applicable implementation plan, this section preempts further regulation of fugitive PM-10 emissions from regulated agricultural activities by a county, city, town or other political subdivision of this state.

O. For the purposes of this section, unless the context otherwise requires:

1. "Agricultural general permit" means best management practices that:

(a) Reduce fugitive PM-10 emissions from tillage practices and from harvesting on a commercial farm.

(b) Reduce fugitive PM-10 emissions from those areas of a commercial farm that are not normally in crop production.

(c) Reduce fugitive PM-10 emissions from those areas of a commercial farm that are normally in crop production including prior to plant emergence and when the land is not in crop production.

(d) Reduce fugitive PM-10 emissions from those areas of a commercial farm undergoing significant agricultural earthmoving activities.

(e) Reduce fugitive PM-10 emissions from the activities of a dairy, a beef cattle feed lot, a poultry facility or a swine facility, including practices relating to the following:

(i) Unpaved access connections.

(ii) Unpaved roads and feed lanes.

(iii) Animal waste and feed handling and transporting.

(iv) Arenas, corrals and pens.

(f) Only in those regulated areas that are established after June 1, 2009, as prescribed in paragraph 6 7, subdivision (c) of this subsection, reduce fugitive PM-10 emissions from the activities of an irrigation district governed by title 48, chapter 19 and affecting those lands and facilities that are under the jurisdiction and control of the district, including practices relating to the following:

(i) Unpaved operation and maintenance roads.

(ii) Canals.

(iii) Unpaved utility access roads.

2. "Applicable implementation plan" means that term as defined in 42 United States Code section 7601(q).

3. "Best management practices" means techniques that are verified by scientific research and that on a case-by-case basis are practical, economically feasible and effective in reducing fugitive PM-10 emissions from a regulated agricultural activity.

4. "biosolids" means sewage sludge that is APPLIED to land for use as a soil amendment, CONDITIONER or FERTILIZER.

4. 5. "Maricopa PM-10 nonattainment area" means the Phoenix planning area as set forth in 40 Code of Federal Regulations section 81.303.

5. 6. "Regulated agricultural activities" means:

(a) Commercial farming practices that may produce fugitive PM-10 emissions within the regulated area, including activities of a dairy, a beef cattle feed lot, a poultry facility and a swine facility.

(b) Only in those regulated areas that are established after June 1, 2009, as prescribed in paragraph 6 7, subdivision (c) of this subsection, activities of an irrigation district that is governed by title 48, chapter 19.

6. 7. "Regulated area" means any of the following:

(a) The Maricopa PM-10 nonattainment area.

(b) Any portion of area A that is located in a county with a population of two million or more persons.

Sec. 4. Title 49, chapter 3, article 2, Arizona Revised Statutes, is amended by adding section 49-468, to read:

START_STATUTE49-468. Application of biosolids to agricultural lands; rules; definition

A. The director shall adopt rules for the application of biosolids to agricultural lands that are consistent with REGULATIONS promulgated by the United States ENVIRONMENTAL protection agency regarding STANDARDS for the use or disposal of sewage sludge and that consider the following:

1. The air quality impact to the surrounding area.

2. Application conditions and rate.

3. Moisture content and irrigation needs.

4. setbacks from DWELLINGS and navigable waters.

5. nitrogen concentration levels.

6. The testing and treatment of biosolids for HARMFUL CONTAMINANTS before APPLICATION.

7. the ODOR, pest and other impacts to the SURROUNDING community.

8. the COORDINATION of oversight of biosolids application on state lands PURSUANT to section 37-292.

9. recommendations from the AGRICULTURAL best MANAGEMENT PRACTICES committee provided PURSUANT to section 49-457.

10. vector attraction reduction procedures.

11. site-SPECIFIC LIMITs, including depth to groundwater and soil content.

12. LIMITS on septage and biosolids.

B. Rules adopted pursuant to subsection A of this section must ensure that the application of biosolids to agricultural lands does not conflict with the water quality requirements of section 49-255.03.

C. for the PURPOSES of this section, "biosolids" means sewage sludge that is APPLIED to land for use as a soil amendment, CONDITIONER or FERTILIZER. END_STATUTE

Sec. 5. Department of environmental quality; rules; in-person visits; delayed repeal

a. Before the department of environmental quality adopts any rules pursuant to section 49-468, Arizona Revised Statutes, as added by this act, the director of environmental quality or the director's designee who serves on the agricultural best management practices committee established by section 49-457, Arizona Revised Statutes, as amended by this act, shall visit in person an agricultural operation that will be affected by the updated rules not less than two times during the time period in which the agricultural operation is actively applying biosolids to the agricultural operation's lands.

b. This section is repealed from and after December 31, 2027.

Sec. 6. Department of environmental quality; exemption; intent

On or before December 31, 2025, the department of environmental quality shall provide a report on current staff resources available to implement this act and whether additional staff are needed to implement this act to the president of the senate, the speaker of the house of representatives and the governor and provide a copy of the report to the secretary of state.