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2018 Arizona State Legislative Session Summary

The 2018 Legislative Session has ended and ADEQ is pleased to announce that the session was beneficial in helping further our mission to protect and enhance public health and the environment by facilitating environmentally responsible economic growth, enhancing Arizona's unique environment and accelerating clean-ups.

ADEQ Bills: Federal Program Primacy

As a result of recent changes to federal regulations and operational practices, the US Environmental Protection Agency (EPA) is now encouraging states to seek primacy or program authorization for additional federal programs. This unique opportunity allows ADEQ to enhance environmentally responsible economic growth by obtaining primacy and then redesigning permitting processes to eliminate redundancy, improve quality and reduce long permit cycle times currently experienced by EPA and other federal agency permit applicants. This Legislative Session, ADEQ sought and obtained legislative approval, including fee authority, to obtain primacy for two federal programs:

SB 1493 | Environmental Quality; Dredge, Fill Permits

(Clean Water Act (CWA) Section 404)

Section 404 of the CWA establishes a program to regulate the discharge of dredged or fill material into Waters of the United States (WOTUS), including wetlands. “Dredge” is material that is excavated from WOTUS. “Fill” is any material used for the primary purpose of replacing an aquatic area with dry land or changing the bottom elevation of a water body.

Currently, the Army Corps of Engineers (COE) administers the 404 program on behalf of EPA and takes more the 600 permit actions in Arizona each year.  With the successful passage of this bill, ADEQ is beginning the process to seek primacy of the program from EPA.  Stakeholder meetings will be initiated in June and the authorization request package is anticipated to be submitted to EPA in mid-2020.  Once ADEQ has primacy, we will be able to offer our customers faster permitting, local technical expertise, higher quality permits, and consistency across the CWA programs ADEQ currently administers.

SB 1494 | Environment; Underground Injection Control Program

The Underground Injection Control (UIC) Program regulates the underground injection or discharge of six categories of hazardous and non-hazardous liquid and gas. While ADEQ has existing partial authority to administer the program under Title 49, it was insufficient to obtain primacy and did not include a funding mechanism for some well categories. New wells subject to UIC regulation will be necessary as new mining and desalination technologies are developed in the state. With the passage of this bill, ADEQ can begin the stakeholder process to improve program administration and eliminate duplicative regulatory requirements that currently exist between Arizona’s Aquifer Protection Permit (APP) Program and UIC regulations.  ADEQ is currently developing a schedule for the rule development stakeholder process.

ADEQ Bills: Simplifying Regulation

In response to recent Executive Orders issued by Governor Ducey, ADEQ has continued review of existing statute and rule to identify regulations that can be simplified or eliminated to reduce regulatory burden while continuing to promote environmentally responsible economic growth. As a result, ADEQ again this year pursued an omnibus bill to implement statutory improvements outlined in the executive orders:

SB 1421 | Environmental Quality; Amendments

This bill’s statutory amendments mean that:

  • ADEQ will no longer be required to administer the Brownfields Cleanup Revolving Loan Fund Program (BCRLF) when there are no funds provided by the EPA
  • ADEQ will no longer be required to assist the Arizona Department of Health Services (ADHS) in recruiting and training county health officials
  • The Director may require coordination with the Arizona Department of Water Resources (ADWR) and Arizona Department of Agriculture (AZDA) “as necessary” when monitoring water quality
  • ADEQ will no longer be required to publish a list of existing facilities that were required to obtain an Aquifer Protection Permit (APP) by 1992, 2004 and 2006
  • When a vehicle is relocated between dealerships for sale, it doesn’t have to undergo emissions testing each time; Certificates of Inspection (COI)s can be transferred

ADEQ Supported Bills

HB 2310 | Underground Storage Tank Claims

This bill contains a number of changes to eligibility for reimbursement of corrective action costs from the Underground Storage Tank Fund for certain categories of owners and operators. 

HB 2065 | Public Meetings; Definition; Penalties

This bill enacts a variety of amendments to open meeting law including, but not limited to expansion of what actions are subject to open meeting law, authority to enforce open meeting law and how decisions conducted by a body subject to open meeting law must document decisions. 

HB 2184 | Secretary of State; Rulemaking

This bill enacts a variety of amendments to the process for promulgating rules subject to Governor's Regulatory Review Council review. 

HB 2190 | County Improvement Districts; Repayment Agreements

Allows drinking water treatment facilities in a county improvement district to be eligible for WIFA loans. 

HB 2238 | Admin Decisions; Review; Scope

This bill requires, in part, that in a proceeding to review any final administrative decision of an agency brought by or against the regulated party, the court is required to decide all questions of law, without deference to any previous determination that may have been made on the question by the agency.  

SB 1063 | Produce Safety Rule; State Administration

Requires the ADEQ Director to work with the AZDA prior to adopting water quality standards for agricultural water used to grow, harvest, cool, wash, pack or hold raw agricultural commodities subject to the Produce Safety Program. 

SB 1200 | Transportation Revisions

Repeals statute relating to unblended gasoline shortages.  As a result of this bill, ADEQ will need to seek approval from EPA for a State Implementation Plan revision.

SB 1240 | Weights & Measures; Duties; Systems

Beginning October 1, 2018, stage II vapor recovery systems that collect vapors during vehicle refueling are prohibited in Area A or an ozone nonattainment area designated as moderate, serious, severe or extreme by the U.S. Environmental Protection Agency under the federal Clean Air Act. ADEQ will need to address this in a State Implementation Plan revisions

SB 1296 | Government Communications; Emergency Response Interpreters

This bill modifies and enhances state agencies responsibilities to communicate with persons with disabilities under certain emergency situations. 

HB 2166 | Vehicle Fees; Alternative Fuel VLT

This bill eliminates the reduced motor vehicle license tax applicable to certain categories of alternative fueled vehicles, thus eliminating an incentive to purchase electric vehicles.