Bill Text: AZ HB2296 | 2013 | Fifty-first Legislature 1st Regular | Engrossed
Bill Title: Underground storage tank program
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2013-03-26 - Referred to Senate RULES Committee [HB2296 Detail]
Download: Arizona-2013-HB2296-Engrossed.html
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House Engrossed |
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State of Arizona House of Representatives Fifty-first Legislature First Regular Session 2013
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HOUSE BILL 2296 |
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AN ACT
amending section 49-1015.01, Arizona Revised Statutes; amending Laws 2004, chapter 273, sections 9 and 14; relating to UNDERGROUND storage tank regulation.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 49-1015.01, Arizona Revised Statutes, is amended to read:
49-1015.01. Regulated substance fund; purpose
A. A The regulated substance fund is established. The director shall administer the fund. Monies in the fund are continuously appropriated and are exempt from the provisions of section 35‑190 relating to lapsing of appropriations. On notice from the director, the state treasurer shall invest and divest monies in the fund as provided in section 35‑313, and monies earned from investment shall be credited to the fund.
B. The regulated substance fund consists of monies appropriated by the legislature, underground storage tank tax revenues, assurance account monies encumbered by the director for implementing work plans and corrective action plans in which monitored natural attenuation is all or a portion of the selected remedy, monies reimbursed to the fund and gifts, grants and donations.
C. Monies in the fund shall be used for releases from underground storage tanks. Monies in the fund are continuously appropriated and shall be used at sites selected based on an analysis of risk to human health and the environment by the director as follows:
1. For the reasonable and necessary costs of administering and taking corrective actions of regulated substances if the department cannot locate an owner or operator of the underground storage tank within ninety days or within such a shorter period as necessary to protect human health or the environment.
2. Notwithstanding paragraph 1, for the reasonable and necessary costs of taking corrective actions of regulated substances.
D. Monies in the fund may also be used for corrective actions related to a work plan or corrective action plan approved by the department before July 1, 2010 in which monitored natural attenuation is all or a portion of the selected remedy, including corrective actions at sites at which where monitored natural attenuation is not adequate. Monies for monitored natural attenuation shall be deposited in the monitored natural attenuation account of the fund and shall only be used for those purposes.
E. Monies in the fund shall not be used to implement the water quality assurance revolving fund program pursuant to chapter 2, article 5 of this title.
Sec. 2. Laws 2004, chapter 273, section 9 is amended to read:
Sec. 9. Underground storage tank assurance account; termination of eligibility
Notwithstanding any other law:
1. From and after June 30, 2006, only releases of a regulated substance that are reported before July 1, 2006 as provided in section 49‑1004, Arizona Revised Statutes, are subject to coverage for corrective action costs from the underground storage tank assurance account.
2. An application for reimbursement for or direct payment of eligible reasonable and necessary costs from the underground storage tank assurance account shall be filed with the department of environmental quality no later than 5:00 p.m. on June 30, 2010 2014.
3. An application for preapproval made pursuant to section 49-1052, subsection I, Arizona Revised Statutes, or section 49-1053, Arizona Revised Statutes, shall be filed with the department of environmental quality no later than 5:00 p.m. on June 30, 2009 2013.
4. Any application made or expense incurred after June 30, 2010 2014 is not eligible for coverage from the underground storage tank assurance account and all such claims are extinguished.
Sec. 3. Laws 2004, chapter 273, section 14 is amended to read:
Sec. 14. Effective date; condition; notice
A. Section 7 of this act, relating to the repeal of title 49, chapter 6, articles 2 and 3, Arizona Revised Statutes, is effective on the earlier of the following:
1. Receipt of sixty million dollars into the regulated substance fund established by section 49-1015.01, Arizona Revised Statutes, as added by this act, after payment and extinguishment of all claims that were timely submitted and transfer of monies as prescribed by section 8, paragraph 2 of this act.
2. Receipt of sixty million dollars into the regulated substance fund established by section 49-1015.01, Arizona Revised Statutes, as added by this act, from monies transferred pursuant to this paragraph. If the regulated substance fund does not receive sixty million dollars pursuant to paragraph 1 of this section, the director of environmental quality shall deposit into the regulated substance fund monies collected by the department pursuant to section 49-1031, Arizona Revised Statutes, until a total of sixty million dollars of tax revenues collected pursuant to section 49-1031, Arizona Revised Statutes, in addition to monies encumbered and deposited in the monitored natural attenuation account, is received by the regulated substance fund.
3. December 31, 2013 2014.
B. The director of environmental quality shall immediately provide written notice to the director of the Arizona legislative council when the regulated substance fund has received a total of sixty million dollars of tax revenues as prescribed by this section.
Sec. 4. Underground storage tank program study committee; membership; duties; delayed repeal
A. The underground storage tank program study committee is established consisting of the following members:
1. Three members of the house of representatives who are appointed by the speaker of the house of representatives, not more than two of whom are members of the same political party. The speaker of the house shall designate one of these members to serve as chairperson of the committee.
2. A representative of an association of cities and towns in this state who is appointed by the speaker of the house of representatives.
3. A representative of an association of retail sellers of petroleum products in this state who is appointed by the speaker of the house of representatives.
4. A representative of a regional association of companies that produce, refine, transport and market petroleum products who is appointed by the speaker of the house of representatives.
5. A representative of insurance companies that provide coverage for releases from underground storage tanks who is appointed by the speaker of the house of representatives.
6. A representative of environmental consultants that provide services relating to corrective actions for underground storage tank releases who is appointed by the speaker of the house of representatives.
7. The governor or the governor's designee.
8. The director of the department of environmental quality or the director's designee.
9. The director of the department of transportation or the director's designee.
10. The attorney general or the attorney general's designee.
B. The committee shall meet to consider and make recommendations on the following issues relating to the underground storage tank program:
1. Needs and possible sources for future funding of the program.
2. Financial responsibility requirements and mechanisms for demonstrating financial responsibility.
3. Tank compatibility issues.
4. Leak detection.
5. Tank inspections, including compliance and maintenance programs.
C. The committee shall meet at the call of the chairperson and shall submit a report of its finding and recommendations to the governor and the speaker of the house of representatives on or before November 1, 2013 and shall provide a copy of the report to the secretary of state.
D. Members of the committee are not eligible to receive compensation or reimbursement of expenses. Legislative staff shall provide assistance to the committee.
E. This section is repealed on December 31, 2013.
Sec. 5. Retroactivity
Laws 2004, chapter 273, section 9, as amended by this act, applies retroactively to from and after June 30, 2013.
