Bill Text: AZ HB2902 | 2024 | Fifty-sixth Legislature 2nd Regular | Chaptered
Bill Title: Environment; 2024-2025
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2024-06-18 - Chapter 214 [HB2902 Detail]
Download: Arizona-2024-HB2902-Chaptered.html
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House Engrossed
environment; 2024-2025 |
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State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024
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CHAPTER 214
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HOUSE BILL 2902 |
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An Act
amending sections 3-109.03, 26-305, 41-511.24 and 49-1333, Arizona Revised Statutes; amending Laws 2023, chapter 138, section 3; appropriating monies; relating to the environment.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 3-109.03, Arizona Revised Statutes, is amended to read:
3-109.03. Livestock operator fire and flood assistance grant program; requirements; fund; exemption; definition
A. The livestock operator fire and flood assistance grant program is established under the department to provide grant monies to landowners and lessees of a livestock operation of more than forty animals under normal operating conditions for infrastructure projects that are required as a result of a wildfire and or associated flooding and that are either:
1. Not eligible for funding from another federal or state program.
2. Partially funded by another federal or state program.
B. The department shall:
1. Develop guidelines and criteria to implement the program, including an application process that includes a description of the intended use for the grant monies.
2. Award all grants pursuant to title 41, chapter 24.
3. Not grant more than fifty percent of the monies in the livestock operator fire and flood assistance fund for infrastructure projects on land in one county in any fiscal year.
4. Ensure that grants from the livestock operator fire and flood assistance grant program do not exceed more than:
(a) Fifty percent of the total costs of any infrastructure project.
(b) An aggregate of $250,000 per livestock operation for infrastructure projects that are required as a result of a single wildfire and that wildfire's associated flooding.
5. Require each grantee to submit to the department, within twelve months after receiving the grant, a written report detailing how the grant monies were used to achieve the infrastructure project described in the application. If the infrastructure project takes longer than one year to complete, the grantee shall submit a written report to the department annually until the infrastructure project is complete.
6. On or before December 31 of each year, submit a report of the disposition of monies appropriated to the livestock operator fire and flood assistance fund each fiscal year to the governor, the president of the senate and the speaker of the house of representatives and shall provide a copy of this report to the secretary of state and to any person who requests a copy.
C. The department is exempt from title 41, chapter 6 with respect to adopting rules for the purposes of this section, except that the department shall provide for public notice and sixty days for public comment on the annual grant guidelines and criteria, including public hearings.
D. The livestock operator fire and flood assistance fund is established consisting of federal monies, legislative appropriations from the state general fund, public and private grants and private donations received for the purpose of providing grant monies to landowners and lessees of a livestock operation of more than forty animals under normal operating conditions for infrastructure projects pursuant to this section. The department shall administer the fund. Monies in the fund are continuously appropriated. On notice from the department, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
E. The department may use up to five percent of the monies appropriated to the livestock operator fire and flood assistance fund in any fiscal year for the purposes of administering the program.
F. For the purposes of this section, "infrastructure" includes wells, buildings, fences, pipelines, spring and water developments, corrals and other essential components to a livestock operation.
Sec. 2. Section 26-305, Arizona Revised Statutes, is amended to read:
26-305. Division of emergency management; duties; director; term; qualifications; compensation; emergency management training revolving fund
A. There is established in the department of emergency and military affairs the division of emergency management, which is administered by the department under the authority of the adjutant general, subject to powers vested in the governor as provided by law.
B. The division shall prepare for and coordinate those emergency management activities that may be required to reduce the impact of disaster on persons or property.
C. Through the powers vested in the governor, the division shall coordinate the cooperative effort of all governmental agencies including the federal government, this state and its political subdivisions to alleviate suffering and loss resulting from disaster.
D. The adjutant general shall appoint the director who serves at the pleasure of the adjutant general. The adjutant general shall select the director on the basis of demonstrated ability in governmental functions or business administration and general knowledge of contingency planning and disaster preparedness.
E. The director is eligible to receive compensation pursuant to section 38-611.
F. The emergency management training revolving fund is established consisting of monies received from Legislative appropriations, REIMBURSEMENTS received and fees collected by the division for coordinating symposiums, training conferences and seminars, TRAININGS and EXERCISES relating to its the division's powers and duties. monies in the fund are CONTINUOUSLY APPROPRIATED and are EXEMPT from the PROVISIONS of section 35—190 RELATING to LAPSING of APPROPRIATIONS. The director of the division shall deposit all fees collected for these activities in the fund, which shall be used only for expenses of the activities. All monies collected from each event that are in excess of the expenses of the event shall revert to the state general fund by the end of the fiscal year.
Sec. 3. Section 41-511.24, Arizona Revised Statutes, is amended to read:
41-511.24. Arizona state parks store fund
A. The Arizona state parks store fund is established consisting of monies deposited pursuant to a fee schedule for goods and services determined by the Arizona state parks board. The board shall administer the fund. Monies in the fund are subject to legislative appropriation and shall be used by the board to operate and maintain gift shops.
B. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. All monies in the fund exceeding $1,250,000 $1,750,000 at the end of a fiscal year are transferred to the state parks revenue fund established by section 41-511.21.
Sec. 4. Section 49-1333, Arizona Revised Statutes, is amended to read:
49-1333. Water conservation grant fund; procedures
A. In compliance with any applicable requirements, an eligible entity as defined in section 49-1301 may apply to the authority for and accept grants from the water conservation grant fund for a water conservation program or project that complies with the requirements of sections 49-1332 and 49-1334. A nongovernment organization that focuses on water conservation or environmental protection may apply to the authority for and accept grants from the water conservation grant fund for a water conservation program or project if it partners with an eligible entity as defined in section 49-1301. An eligible entity may apply to the authority for and accept grants from the water conservation grant fund to distribute rebates for the installation of gray water systems.
B. The authority shall:
1. Prescribe a simplified form and procedure to apply for and approve assistance.
2. Establish by rule criteria that are consistent with this article by which assistance will be awarded.
3. Determine the order and priority of water conservation programs or projects assisted under this section based on the merits of the application with respect to the requirements of sections 49-1332 and 49-1334.
4. Provide that a single water conservation program grant may not exceed $3,000,000, a single water conservation project grant may not exceed $250,000 and at least a twenty-five percent match is required for each water conservation program or project. Monies from any other source may satisfy the match requirement.
Sec. 5. Laws 2023, chapter 138, section 3 is amended to read:
Sec. 3. Fire incident management fund; exemption; delayed repeal; transfer of monies
A. The fire incident management fund is established for fiscal year 2023-2024 consisting of legislative appropriations. The department of administration shall administer the fund. Not more than $200,000 of monies appropriated to the fund may be used by the department of administration to administer the fund. Monies in the fund are continuously appropriated and are exempt from the PROVISIONS of section 35-190, Arizona Revised Statutes, RELATING to lapsing of appropriations. the department of ADMINISTRATION shall be used distribute monies from the fund to provide grants to municipal fire departments and fire districts for hardware and software that:
1. Enables the statewide deployment of a secure incident management platform to fire and law enforcement agencies.
2. Provides a standardized incident command and management platform based on federal emergency management agency standards that enable diverse incident management and support entities to work together and ensure the following:
(a) A clearly defined chain of command.
(b) The use of common terminology.
(c) The safety of first responders and others.
(d) The achievement of response objectives.
(e) The efficient use of resources.
3. Provides a collaboration and communications solution that does the following:
(a) Identifies the location, status and assignment of assigned resources.
(b) Allows status updates, tracking and management of an incident.
(c) Allows secure messaging and file sharing to all users involved in an incident.
(d) Allows the sharing of collaborative maps, building floor plans and images between public safety agencies.
(e) Allows collaboration and information sharing between disparate agencies during a mass casualty incident.
(f) Defines a federal emergency management agency or national incident management systems-based organizational structure for the management of incidents.
(g) Provides the ability to print standard integrated computer solutions forms for tracking and cost reimbursement.
(h) Provides enhanced telemetry-based firefighter safety monitoring.
(i) Works in areas without internet access in a disconnected mode.
(j) Provides a seamless and connected platform for notification, response and rostering.
(k) Provides cross-platform functionality.
(l) Provides a smartphone-based application for notification, accountability and situational awareness.
B. Each municipal fire department or fire district in this state may submit a grant request to the department of administration for the costs of the secure incident management system that meets all of the criteria described in subsection A of this section.
C. The department of administration shall award grants on a first-come, first-served basis. Grants that are awarded shall fully fund the costs of the secure incident management system for each municipal fire department or fire district for three years.
D. From and after June 30, 2025, this section is repealed and all unexpended and unencumbered monies in the fire incident management fund established by this section revert to the state general fund.
Sec. 6. Arizona water protection fund; use of monies
Notwithstanding section 45-2114, Arizona Revised Statutes, in fiscal year 2024-2025, the Arizona water protection fund commission may grant to the department of water resources up to $336,000 of the unobligated balance in the Arizona water protection fund established by section 45-2111, Arizona Revised Statutes, to pay for administrative costs of the department in fiscal year 2024-2025.
Sec. 7. Underground storage tank revolving fund; use of monies
Notwithstanding any other law, in fiscal year 2024-2025, the department of environmental quality may use up to $6,531,000 from the underground storage tank revolving fund established by section 49-1015, Arizona Revised Statutes, in fiscal year 2024-2025 for:
1. Administrative costs of the department.
2. Remediating sewage discharge issues in Naco, Arizona and other border areas of this state.
Sec. 8. Arizona water banking fund; use of monies
In addition to the purposes provided in section 45-2425, Arizona Revised Statutes, monies appropriated to the Arizona navigable stream adjudication commission from the Arizona water banking fund established by section 45-2425, Arizona Revised Statutes, may be used in fiscal year 2024-2025 to pay legal fees.
Sec. 9. Appropriation limit; water quality assurance revolving fund
Notwithstanding section 49-282, Arizona Revised Statutes, the appropriation from the state general fund to the water quality assurance revolving fund established by section 49-282, Arizona Revised Statutes, for fiscal year 2024-2025 may not exceed $15,000,000.
Sec. 10. Department of environmental quality; vehicle emissions testing fees; exemption from rulemaking
A. Notwithstanding any other law, in fiscal year 2024-2025, the director of the department of environmental quality shall reduce fees for tests conducted in area A so that vehicle emissions testing fee revenues collected from area A are reduced by five percent of fiscal year 2023-2024 area A collections. For the purposes of this subsection, "area A" has the same meaning prescribed in section 49-541, Arizona Revised Statutes.
B. The department of environmental quality is exempt from the rulemaking requirements of title 41, chapter 6, Arizona Revised Statutes, until July 1, 2025 for the purpose of establishing fees pursuant to this section.
Sec. 11. Agricultural fees; emergency rulemaking
A. For fiscal year 2024-2025, notwithstanding any other law, the director of the Arizona department of agriculture, subject to the review of the department of agriculture advisory council, may lower existing fees for any funds held in trust by the department.
B. The Arizona department of agriculture shall adopt emergency rules pursuant to title 41, chapter 6, Arizona Revised Statutes, through July 1, 2025, in conjunction with the industry, to modify fees deposited in the dangerous plants, pests and diseases trust fund established by section 3-214.01, Arizona Revised Statutes. These rules must be reviewed by the department of agriculture advisory council.
Sec. 12. Authorization for liabilities and expenses; fiscal year 2024-2025
Notwithstanding section 35-192, Arizona Revised Statutes, in fiscal year 2024-2025, the governor may allocate $500,000 to the emergency management assistance compact and Arizona mutual aid compact revolving fund established by section 26-403, Arizona Revised Statutes, and $300,000 to the emergency management training revolving fund established by section 26-305, Arizona Revised Statutes, as amended by this act. Each allocation the governor makes pursuant to this section counts toward the $4,000,000 aggregate amount allowed in fiscal year 2024-2025 as prescribed by section 35-192, subsection F, Arizona Revised Statutes.
APPROVED BY THE GOVERNOR JUNE 18, 2024.
FILED IN THE OFFICE OF THE SECRETARY OF STATE JUNE 18, 2024.
