Bill Text: AZ SB1235 | 2010 | Forty-ninth Legislature 2nd Regular | Introduced
Bill Title: Hazardous substances; insurance
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2010-01-28 - Referred to Senate FIN Committee [SB1235 Detail]
Download: Arizona-2010-SB1235-Introduced.html
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REFERENCE TITLE: hazardous substances; insurance |
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State of Arizona Senate Forty-ninth Legislature Second Regular Session 2010
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SB 1235 |
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Introduced by Senators Burton Cahill, Landrum Taylor: Aboud, Garcia, Lopez; Representatives Ableser, Lopes
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AN ACT
Amending title 26, chapter 2, article 3, Arizona Revised Statutes, by adding section 26-347.01; relating to hazardous substances.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 26, chapter 2, article 3, Arizona Revised Statutes, is amended by adding section 26-347.01, to read:
26-347.01. Facilities with a potential to emit hazardous or extremely hazardous substances; insurance required; definition
A. A person who is required to file a risk management plan pursuant to section 112(r) of the clean air act shall purchase a general liability insurance policy that protects against the risk of emitting a hazardous or extremely hazardous substance.
B. The policy of insurance shall include coverage to provide for:
1. Civil damages resulting from a catastrophic release of a hazardous or extremely hazardous substance.
2. Property damage to adjacent buildings and businesses resulting from a catastrophic release of a hazardous or extremely hazardous substance.
C. The director shall prescribe the amount of coverage required pursuant to this section based on risk factors, including:
1. The type of hazardous or extremely hazardous substance that may be released as a result of a catastrophic event.
2. The amount of hazardous or extremely hazardous substance that may be released as a result of a catastrophic event.
3. The location of the facility that has a risk of emitting a hazardous or extremely hazardous substance in relation to vulnerable areas such as a day care center, school, hospital or elder care center.
D. The director or any appropriate county or municipal official may request proof of insurance from a person who is subject to this section at any time during regular business hours. If the person fails or refuses to provide the proof of insurance on request, the county or municipal official shall immediately begin proceedings to revoke the occupancy permit or the applicable zoning designation of the facility.
E. For the purposes of this section, "clean air act" has the same meaning prescribed in section 49-401.01.
Sec. 2. Proof of insurance required
A person who is subject to section 26-347.01, Arizona Revised Statutes, as added by this act, must provide the required proof of insurance as prescribed by that section to the director of the division of emergency management or other appropriate county or municipal official no later than March 1, 2011.
