Bill Amendment: AZ SB1064 | 2024 | Fifty-sixth Legislature 2nd Regular
Bill Title: Conditional enactment; fuel reformulations
Status: 2024-04-24 - House Committee of the Whole action: Do Pass Amended [SB1064 Detail]
Download: Arizona-2024-SB1064-HOUSE_-_Natural_Resources_Energy_Water.html
Fifty-sixth Legislature Natural Resources, Energy & Water
Second Regular Session S.B. 1064
PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO S.B. 1064
(Reference to the proposed Dunn s/e amendment dated 3/15/24; 4:32 p.m.)
Page 1, between lines 1 and 2, insert:
"Section 1. Section 3-3493, Arizona Revised Statutes, as amended by Laws 2016, chapter 232, section 27, is amended to read:
3-3493. Area A; fuel reformulation; rules
A. All gasoline produced and shipped to or within this state and sold or offered for sale for use in motor vehicles in a county with a population of one million two hundred thousand or more persons and any portion of a county contained in area A, subject to an appropriate waiver granted by the administrator of the United States environmental protection agency pursuant to section 211(c)(4) of the clean air act as defined in section 49-401.01, shall comply with either one of the following fuel reformulation options:
1. A gasoline that meets standards for federal phase II reformulated gasoline, as provided in 40 Code of Federal Regulations section 80.41, paragraphs (e) through (h), in effect on January 1, 1999, except that the minimum oxygen content standard does not apply. The gasoline shall also meet the maximum vapor pressure requirements in section 3-3433, subsections D and F.
2. California phase 2 reformulated gasoline, including alternative formulations allowed by the predictive model, as adopted by the California air resources board pursuant to California Code of Regulations title 13, sections 2261 through 2262.7 and 2265, in effect on January 1, 1997, except that the minimum oxygen content standard does not apply. The gasoline shall also meet the maximum vapor pressure requirements in section 3-3433, subsections D and F.
B. For the period beginning November 1 through March 31 of each year, all gasoline produced and shipped to or within this state and sold or offered for sale for use in motor vehicles in a county with a population of one million two hundred thousand or more persons and any portion of a county contained in area A, subject to an appropriate waiver granted by the administrator of the United States environmental protection agency pursuant to section 211(c)(4) of the clean air act as defined in section 49-401.01, shall comply with standards for California phase 2 reformulated gasoline, including alternative formulations allowed by the predictive model, as adopted by the California air resources board pursuant to California Code of Regulations title 13, sections 2261 through 2262.7 and 2265, in effect on January 1, 1997 and shall meet the maximum vapor pressure requirements in section 3-3433, subsections D and F. The fuel described in this subsection shall meet the requirements of section 3-3492, subsection A, paragraph 1.
C. Any registered supplier or oxygenate blender, as defined in division rules, may petition the associate director to request that all registered suppliers or oxygenate blenders be allowed to comply with standards other than the standards prescribed by this section or section 3-3492, subsection A if the petitioner can demonstrate that a REGISTERED supplier's or oxygenate blender's ability to supply ethanol supply shortages are or gasoline that meets the SPECIFICATIONS prescribed by subsection A or B of this section is in imminent danger and may RESULT in supply shortages of ethanol or gasoline in area A. If a registered supplier or oxygenate blender submits a petition pursuant to this subsection, the registered supplier or oxygenate blender shall provide notice and a copy of the petition to the president of the senate and the speaker of the house of representatives. For the purposes of this subsection, all of the following are exempt from the provisions of title 39, chapter 1 and shall comply with the REQUIREMENTS of SECTION 44-1374:
1. All communication regarding a petition between the president of the senate or the president's agent and any other person.
2. All communication regarding a petition between the speaker of the house of representatives or the speaker's agent and any other person.
D. The petition shall:
1. Identify specific supply conditions that will result in a shortage of ethanol.
1. for oxygenate shortages:
2. (a) Identify which oxygenate or oxygenates and the concentration that will be blended into gasoline by a registered supplier or oxygenate BLENDER, as defined in division rules, for sale or use in area A.
3. (b) Demonstrate that the alternative oxygenate blend comes closest to meeting a three and one-half percent by weight oxygen content at reasonable cost, unless the registered supplier or oxygenate blender is petitioning to use a gasoline-ethanol blend containing less than ten percent by volume of ethanol.
2. For gasoline shortages, identify the formulation of gasoline that the petitioner or registered supplier or oxygenate blender, as defined in division rules, will sell in lieu of gasoline that meets the standards prescribed in subsection A or B of this section.
4. 3. Specify a projected time period for compliance with any provision of this section or section 3-3492, subsection A, not to exceed sixty days.
E. The associate director shall either grant or deny the petition in writing within seven days of its receipt, subject to approval by the United States ENVIRONMENTAL Protection agency. Any decision by the associate director to grant the petition shall be equally applicable to all registered suppliers or oxygenate blenders and shall not be selectively applied to any single registered supplier or oxygenate blender. The petition may be granted only if the associate director verifies that the basis for requesting the petition is factual and the United States environmental protection agency concurs with the basis. Any decision by the associate director to grant a petition is subject to United States environmental protection agency approval.
F. The associate director may reauthorize a petition if the petitioner can demonstrate that the conditions have continued. The reauthorization of a petition shall not exceed thirty days.
G. The associate director of the division shall consult with the director of the department of environmental quality and the United States ENVIRONMENTAL Protection agency before granting, reauthorizing or denying any such petition.
H. The ASSOCIATE director of environmental quality the division, in consultation with the associate director of the division department of ENVIRONMENTAL QUALITY, shall adopt by rule:
1. Requirements to implement subsections A, B, C and D of this section.
2. Requirements for recordkeeping, reporting and analytical methods for fuel providers to demonstrate compliance with subsections A, B, C and D of this section.
I. This section does not apply to fuel sold for use at a motor vehicle manufacturer proving ground or at a motor vehicle racing event.
Sec. 2. Section 3-3493, Arizona Revised Statutes, as amended by Laws 2017, chapter 295, section 2, is amended to read:
3-3493. Area A; fuel reformulation; rules
A. All gasoline produced and shipped to or within this state and sold or offered for sale for use in motor vehicles in a county with a population of one million two hundred thousand or more persons and any portion of a county contained in area A, subject to an appropriate waiver granted by the administrator of the United States environmental protection agency pursuant to section 211(c)(4) of the clean air act as defined in section 49-401.01, shall comply with either one of the following fuel reformulation options:
1. A gasoline that meets standards for federal phase II reformulated gasoline, as provided in 40 Code of Federal Regulations section 80.41, paragraphs (e) through (h), in effect on January 1, 1999, except that the minimum oxygen content standard does not apply. The gasoline shall also meet the maximum vapor pressure requirements in section 3-3433, subsections D and F.
2. California phase 2 reformulated gasoline, including alternative formulations allowed by the predictive model, as adopted by the California air resources board pursuant to California Code of Regulations title 13, sections 2261 through 2262.7 and 2265, in effect on January 1, 1997, except that the minimum oxygen content standard does not apply. The gasoline shall also meet the maximum vapor pressure requirements in section 3-3433, subsections D and F.
B. For the period beginning November 1 through March 31 of each year, all gasoline produced and shipped to or within this state and sold or offered for sale for use in motor vehicles in a county with a population of one million two hundred thousand or more persons and any portion of a county contained in area A, subject to an appropriate waiver granted by the administrator of the United States environmental protection agency pursuant to section 211(c)(4) of the clean air act as defined in section 49-401.01, shall comply with standards for California phase 2 reformulated gasoline, including alternative formulations allowed by the predictive model, as adopted by the California air resources board pursuant to California Code of Regulations title 13, sections 2261 through 2262.7 and 2265, in effect on January 1, 1997 and shall meet the maximum vapor pressure requirements in section 3-3433, subsections D and F. The fuel described in this subsection shall meet the requirements of section 3-3492, subsection A, paragraph 1 or 2.
C. Any registered supplier or oxygenate blender, as defined in division rules, may petition the associate director to request that all registered suppliers or oxygenate blenders be allowed to comply with standards other than the standards prescribed by this section or section 3-3492, subsection A if the petitioner can demonstrate that a registered supplier's or oxygenate blender's ability to supply ethanol supply shortages are or gasoline that meets the specification as prescribed by subsection A or B of this section is in imminent danger and may RESULT in supply shortages of ethanol or gasoline in area A. If a registered supplier or oxygenate blender submits a petition pursuant to this subsection, the registered supplier or oxygenate blender shall provide notice and a copy of the petition to the president of the senate and the speaker of the house of representatives. For the purposes of this subsection, all of the following are exempt from the provisions of title 39, chapter 1 and shall comply with the REQUIREMENTS of SECTION 44-1374:
1. All communication regarding a petition between the president of the senate or the president's agent and any other person.
2. All communication regarding a petition between the speaker of the house of representatives or the speaker's agent and any other person.
D. The petition shall:
1. Identify specific supply conditions that will result in a shortage of ethanol.
1. For oxygenate shortages:
2. (a) Identify which oxygenate or oxygenates and the concentration that will be blended into gasoline by a REGISTERED supplier or oxygenate BLENDER, as defined in DIVISION rules, for sale or use in area A.
3. (b) Demonstrate that the alternative oxygenate blend comes closest to meeting a three and one-half percent by weight oxygen content at reasonable cost, unless the registered supplier or oxygenate blender is petitioning to use a gasoline-ethanol blend containing less than ten percent by volume of ethanol.
2. For gasoline shortages, identify the formulation of gasoline that the petitioner or registered supplier or oxygenate blender, as defined in division rules, will sell in lieu of gasoline that meets the standards prescribed in subsection A or B of this section.
4. 3. Specify a projected time period for compliance with any provision of this section or section 3-3492, subsection A, not to exceed sixty days.
E. The associate director shall either grant or deny the petition in writing within seven days of its receipt, subject to approval by the United States ENVIRONMENTAL Protection agency. Any decision by the associate director to grant the petition shall be equally applicable to all registered suppliers or oxygenate blenders and shall not be selectively applied to any single registered supplier or oxygenate blender. The petition may be granted only if the associate director verifies that the basis for requesting the petition is factual and the United States environmental protection agency concurs with the basis. Any decision by the associate director to grant a petition is subject to United States environmental protection agency approval.
F. The associate director may reauthorize a petition if the petitioner can demonstrate that the conditions have continued. The reauthorization of a petition shall not exceed thirty days.
G. The associate director of the division shall consult with the director of the department of environmental quality and the United States ENVIRONMENTAL Protection agency before granting, reauthorizing or denying any such petition.
H. The ASSOCIATE director of environmental quality the division, in consultation with the associate director of the division department of ENVIRONMENTAL quality, shall adopt by rule:
1. Requirements to implement subsections A, B, C and D of this section.
2. Requirements for recordkeeping, reporting and analytical methods for fuel providers to demonstrate compliance with subsections A, B, C and D of this section.
I. This section does not apply to fuel sold for use at a motor vehicle manufacturer proving ground or at a motor vehicle racing event.
Sec. 3. Section 3-3494, Arizona Revised Statutes, is amended to read:
3-3494. Area C; fuel reformulation; rules
A. From and after May 31 through September 30 of each year, all gasoline produced and shipped to or within this state and sold or offered for sale for use in motor vehicles in area C shall comply with either one of the following fuel reformulation options:
1. A gasoline that meets standards for federal phase II reformulated gasoline, as provided in 40 Code of Federal Regulations section 80.41, paragraphs (e) through (h), in effect on January 1, 1999, except that the minimum oxygen content standard does not apply. The gasoline shall also meet the maximum vapor pressure requirements in section 3-3434, subsection D.
2. California phase 2 reformulated gasoline, including alternative formulations allowed by the predictive model, as adopted by the California air resources board pursuant to California Code of Regulations title 13, sections 2261 through 2262.7 and 2265, in effect on January 1, 1997, except that the minimum oxygen content standard does not apply. The gasoline shall also meet the maximum vapor pressure requirements in section 3-3434, subsection D.
B. Any registered supplier or oxygenate blender, as defined in division rules, may petition the associate director to request that all registered suppliers or oxygenate blenders be allowed to supply gasoline in area C that does not meet the standards in subsection A of this section if the petitioner demonstrates that a shortage in the REGISTERED SUPPLIER's or oxygenate BLENDER'S ability to supply of gasoline meeting that meets the standards prescribed in subsection A of this section is in imminent danger and may RESULT in supply shortages of ethanol or gasoline in area C. If a registered supplier or oxygenate blender submits a petition pursuant to this subsection, the registered supplier or oxygenate blender shall provide notice and a copy of the petition to the president of the senate and the speaker of the house of representatives. For the purposes of this subsection, all of the following are exempt from the provisions of title 39, chapter 1 and shall comply with the REQUIREMENTS of SECTION 44-1374:
1. All communication regarding a petition between the president of the senate or the president's agent and any other person.
2. All communication regarding a petition between the speaker of the house of representatives or the speaker's agent and any other person.
C. A petition under subsection B of this section shall:
1. Identify specific supply conditions that will result in a shortage of gasoline meeting the standards in subsection A of this section.
2. 1. Identify the formulation of gasoline the petitioner or registered supplier or oxygenate blender, as defined in division rules, that will be sold sell in area C in lieu of gasoline meeting the standards prescribed in subsection A of this section.
3. 2. Specify a projected time period for compliance with the standards of subsection A of this section not to exceed sixty days.
D. The associate director shall either grant or deny a petition under subsection B of this section in writing within seven days of its receipt, subject to approval by the United States ENVIRONMENTAL Protection agency. Any decision by the associate director to grant the petition shall be equally applicable to all registered suppliers or oxygenate blenders and shall not be selectively applied to any single registered supplier or oxygenate blender. The petition may be granted only if the associate director verifies that the basis for requesting the petition is factual and the United States environmental protection agency concurs with the basis. Any decision by the associate director to grant a petition is subject to United States environmental protection agency approval.
E. The associate director may reauthorize a petition granted under subsection B of this section if the petitioner demonstrates that the conditions identified in the petition have continued. The reauthorization of a petition shall not exceed thirty days.
F. The associate director of the division shall consult with the director of the department of environmental quality and the United States ENVIRONMENTAL Protection agency before granting, reauthorizing or denying any petition under subsection B of this section.
G. The associate director of the division, in consultation with the director of the department of environmental quality, shall adopt by rule:
1. Requirements to implement subsections A, B and C of this section.
2. Requirements for recordkeeping, reporting and analytical methods for fuel providers to demonstrate compliance with subsection A of this section.
H. This section does not apply to fuel sold for use at a motor vehicle manufacturer proving ground or at a motor vehicle racing event.
Sec. 4. Title 3, chapter 19, article 6, Arizona Revised Statutes, is amended by adding sections 3-3499 and 3-3500, to read:
3-3499. Fuel reformulations; federally approved blends; air emissions modeling evaluation; feasibility study; report
A. Within one hundred twenty days after any of the following events, the associate director of the division, in consultation with the director of the department of environmental quality, for each seasonal period in area A, area B and area C, shall evaluate the most recent air emissions model approved by the United States Environmental Protection Agency all gasoline or gasoline blends that, as of the date of the evaluation, have been approved for sale or use in petroleum administration for defense district five and that have not been evaluated by the division through the most recent air emissions model approved by the united states environmental protection agency:
1. The approval of a new gasoline or gasoline blend for sale or use in petroleum administration for defense district five.
2. The adoption of a new federal gasoline standard or fuel formulation of national applicability by the United States Environmental Protection Agency.
3. The approval of a new air emissions model by the United States Environmental Protection Agency.
B. After evaluating the air emissions model required by subsection a of this section, if the associate director finds that any gasoline or gasoline blend that is not authorized for sale or use in area a, area b or area c of this state during any seasonal time period may be eligible for approval by the united states environmental protection agency to be sold or used in one or more area during one or more of the RELEVANT time periods, the associate director, in consultation with registered suppliers and oxygenate blenders, as defined in division rule, that may be likely to supply or produce such a blend for this state, shall conduct a study to evaluate the feasibility of authorizing or obtaining a new blend for sale or use in this state, including the impact on the state's transportation fuel supply and the availability of transportation or supply capacity to provide the new blend.
C. Within one hundred twenty days after evaluating the air emissions model required by subsection a of this section and the feasibility study required by subsection b of this section, the associate director of the division, in consultation with the director of the department of environmental quality, shall prepare and submit to the governor, president of the senate and speaker of the house of representatives a written report of the following information:
1. The findings of the air emissions model evaluated pursuant to subsection A of this section.
2. The results of the feasibility study completed pursuant to subsection B of this section.
3. Legislative recommendations based on the findings and results provided pursuant to paragraphs 1 and 2 of this subsection.
3-3500. Approved gasoline formulations; posting requirement
A. The associate director shall post on the department's website a list of all approved gasoline formulations by area in this state. The associate director shall update the list as the United States environmental protection agency approves or denies new gasoline formulations pursuant to this article.
B. The associate director shall post separately on the department's website both of the following:
1. A map that includes all currently approved gasoline formulations by area in this state.
2. A map of area A, area B and area C.
Sec. 5. Section 44-1374, Arizona Revised Statutes, is amended to read:
44-1374. Confidentiality of petroleum industry information; disclosure; supply emergency; definitions
A. A governmental entity shall classify as confidential and not publicly disclose any documents or other information that is received from any petroleum industry related private or public source if the person or entity that provides the information agrees to provide the information only on the express condition that the information remain confidential.
B. If a governmental entity receives a request to publicly disclose information that is confidential information or for any other reason proposes to publicly disclose confidential information, the governmental entity shall provide to the person or entity that submitted the confidential information notice in writing of the request or proposal to disclose. The notice shall identify the confidential information that would be disclosed and indicate the form in which the confidential information would be provided. On receipt of the notice, the person or entity that submitted the confidential information has fifteen working days in which to respond to the notice and to either withdraw the request for confidentiality or justify to the governmental entity the claim of confidentiality on each specific item of confidential information covered by the notice.
C. The governmental entity shall consider the response in determining whether to publicly disclose any confidential information for which a justification has been submitted. Unless the governmental entity determines that there is no trade secret or other legitimate justification for the confidentiality being claimed by the respondent, the governmental entity shall not disclose any confidential information for which a justification has been timely submitted. If the governmental entity determines that there is no trade secret or other legitimate justification for all or a portion of the confidentiality claim, the governmental entity shall issue a written decision that sets forth the reasons for making that determination. The governmental entity shall deliver a copy of the decision to the person or entity submitting the confidential information and the person requesting public disclosure of the confidential information.
D. Notwithstanding a determination that there is no legitimate justification for a claim of confidentiality, and to allow the person or entity that submitted the confidential information to seek direct judicial intervention to prevent its release, the governmental entity shall not publicly disclose confidential information submitted to the governmental entity pursuant to this section for at least fifteen working days after the date on which the governmental entity has issued and disclosed the written determination pursuant to this section.
E. If any legal or administrative action is filed with any court or other agency seeking to force disclosure of any confidential information, the governmental entity, within five working days of after being served with the action, shall notify in writing the person or entity that submitted the confidential information of the action to allow the person or entity that submitted the confidential information to intervene in the action.
F. Confidential information shall not be classified or maintained as confidential if the governmental entity determines that the confidential information has already been made public by the submitting person or entity and advises, in writing, the person or entity that submitted the confidential information of this determination. Notwithstanding a determination that the confidential information has already been made public by the submitting person or entity, the governmental entity shall not publicly disclose the confidential information for at least five working days after the governmental entity has advised the submitting person or entity to allow the person or entity that submitted the confidential information to seek direct judicial intervention to prevent its release.
G. This section protects petroleum industry related confidential information submitted to a governmental entity but does not impose any requirement that information of any type from any source be submitted to any governmental entity.
H. If there is a statewide or regional shortage or threatened shortage of a product or service that is essential to the health, safety and welfare of the people of this state due to an abnormal market disruption resulting from any natural disaster, weather condition, act of nature, strike, civil disorder, war, national or local emergency or other extraordinary adverse circumstance, the governor may proclaim that a supply emergency exists. If a supply emergency is declared pursuant to this subsection and a majority of the persons or entities that are the subject of the supply emergency has provided information to the governmental entity, the governmental entity may only disclose the unattributable aggregated total of all sources of confidential information.
I. For the purposes of this section:
1. "Confidential information" means all of the following:
(a) The information is not and has not been reasonably obtainable by legitimate means by other persons without the consent of the person or entity providing the information, other than by governmental entities and other than in discovery based on a showing of a special need in a judicial or quasi-judicial proceeding.
(b) A statute does not specifically require disclosure of the information to the public.
(c) The person or entity has satisfactorily shown that disclosing the information is likely to cause substantial harm to the competitive position of the person or entity providing the information.
2. "Governmental entity" means an agency, board, department or commission of this state, the state legislature and all members, agencies or committees of the state legislature and their agents but does not include the courts of this state.
3. "Publicly disclose" means to reveal the contents of information that has been classified as confidential to any third person or entity that is not bound by this section."
Renumber to conform
Page 1, between lines 14 and 15, insert:
"Sec. 7. Weights and measures services division; capacity and supply task force; study; membership; report; delayed repeal
A. Within ninety days after the effective date of this act, the associate director of the weights and measures services division of the Arizona department of agriculture, in consultation with the director of the department of environmental quality, shall establish a task force as prescribed by this section to study and issue a report on critical fuel supply and capacity issues and opportunities in this state as set forth in this section.
B. The task force shall study all of the following issues:
1. Fuel supply and capacity constraints.
2. Pipeline and transportation capacity.
3. Fuel storage and strategic reserves.
4. Refinery maintenance and outages.
5. Capital investments and requirements.
6. Proposed or adopted energy policies in neighboring states.
7. Processes for modeling and adopting new fuel formulations.
8. Any other issues the task force deems relevant to its goal.
C. Members of the task force shall include representatives from each of the following groups:
1. Fuel producers and refiners.
2. Fuel sellers and marketers.
3. Fuel suppliers and transporters.
4. Pipeline and terminal operators.
5. Storage providers.
6. Relevant multistate trade associations.
7. Relevant local trade associations.
8. A majority and minority member of the relevant standing committee of the house of representatives.
9. A majority and minority member of the relevant standing committee of the senate.
D. The members of the task force shall meet as often as the associate director of the weights and measures services division of the Arizona department of agriculture deems necessary to conduct and complete the study.
E. Within twelve months after the effective date of this act, the associate director of the weights and measures services division of the Arizona department of agriculture, in consultation with the director of the department of environmental quality, shall submit a written report of the task force's findings and recommendations to the governor, president of the senate and speaker of the house of representatives and provide a copy of this report to the secretary of state.
F. This section is repealed from and after September 30, 2026.
Sec. 8. Weights and measures services division; air emissions modeling; coordination; report; delayed repeal
A. Within one hundred twenty days after the effective date of this act, the associate director of the weights and measures services division of the Arizona department of agriculture, in consultation with the director of the department of environmental quality, for each seasonal time period in area A, area B and area C as defined in section 49-541, Arizona Revised Statutes, shall evaluate using the most recent air emissions model approved by the United States environmental protection agency each of the following gasoline blends:
1. Federal phase II reformulated gasoline, as provided in 40 Code of Federal Regulations sections 1090.200 through 1090.295, in effect on December 4, 2020, as modified to meet, for each relevant time period, the maximum vapor pressure requirements in section 3-3433, subsections D and F, Arizona Revised Statutes, and the minimum oxygen content or percentage requirements prescribed in section 3-3492, Arizona Revised Statutes.
2. California phase 3 reformulated gasoline, as adopted by the California air resources board pursuant to California Code of Regulations title 13, sections 2261 through 2262.7 and 2265, in effect on February 16, 2014, as modified to meet, for each relevant time period, the maximum vapor pressure requirements in section 3-3433, subsections D and F, Arizona Revised Statutes, and the minimum oxygen content or percentage requirements prescribed in section 3-3492, Arizona Revised Statutes.
3. Federal conventional gasoline, as modified to meet, for each relevant time period, the maximum vapor pressure requirements in section 3-3433, subsections D and F, Arizona Revised Statutes, and the minimum oxygen content or percentage requirements prescribed in section 3-3492, Arizona Revised Statutes.
4. On the effective date of this act, all gasoline or gasoline blends that are approved for sale or use in petroleum administration of defense district five and that have not been approved for sale or use in area A, area B or area C as defined in section 49-541, Arizona Revised Statutes, during any seasonal period and that have not been evaluated through the most recent air emissions model approved by the United States environmental protection agency.
B. If after completing the air emissions modeling required pursuant to subsection A of this section the associate director finds that any gasoline or gasoline blend that is not authorized for sale or use in area A, area B or area C as defined in section 49-541, Arizona Revised Statutes, during any seasonal time period may be eligible for approval by the United States environmental protection agency to be sold or used in one or more of such areas during one or more of such time periods, the associate director, in consultation with registered suppliers and oxygenate blenders, that may be likely to supply or produce such a blend for this state, shall conduct a study to evaluate the feasibility of authorizing or obtaining such a blend for sale or use in this state, including the impact on the state's transportation fuel supply and the availability of transportation or supply capacity to provide such a blend.
C. Within one hundred twenty days after completing the air emissions modeling required by subsection A of this section and the feasibility study required by subsection B of this section, the associate director of the weights and measures services division of the Arizona department of agriculture, in consultation with the director of the department of environmental quality, shall prepare and submit to the governor, president of the senate and speaker of the house of representatives a written report containing all of the following:
1. The findings of the air emissions modeling completed pursuant to subsection A of this section.
2. The results of the feasibility study completed pursuant to subsection B of this section.
3. Recommended legislation based on the findings and results provided pursuant to paragraphs 1 and 2 of this subsection.
D. This section is repealed from and after September 30, 2026.
Sec. 9. Laws 2017, chapter 295, section 3, as amended by Laws 2022, chapter 177, section 12, is amended to read:
Sec. 3. Conditional enactment; notice
A. Section 3-3493, Arizona Revised Statutes, as amended by Laws 2017, chapter 295, section 2, does not become effective unless on or before July 1, 2024 2026 the United States environmental protection agency approves the proposed modifications to the gasoline fuel formulation requirements as part of the state implementation plan for air quality.
B. The director of the department of environmental quality shall notify in writing the director of the Arizona legislative council on or before October 1, 2024 2026 either:
1. Of the date on which the condition was met.
2. That the condition was not met.
Sec. 10. Conditional enactment
Section 3-3493, Arizona Revised Statutes, as amended by Laws 2017, chapter 295, section 2 and this act, becomes effective on the date prescribed by Laws 2017, chapter 295, section 3, as amended by Laws 2022, chapter 177, section 12 and this act, but only on the occurrence of the condition prescribed by Laws 2017, chapter 295, section 3, as amended by Laws 2022, chapter 177, section 12 and this act."
Amend title to conform
