Bill Text: AZ SB1251 | 2016 | Fifty-second Legislature 2nd Regular | Chaptered
Bill Title: Reviser's technical corrections; 2016
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2016-05-17 - Chapter 312 [SB1251 Detail]
Download: Arizona-2016-SB1251-Chaptered.html
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Senate Engrossed |
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State of Arizona Senate Fifty-second Legislature Second Regular Session 2016
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CHAPTER 312
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SENATE BILL 1251 |
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AN ACT
repealing section 36‑2021, Arizona Revised Statutes, as amended by laws 2015, chapter 195, section 47; amending section 36‑2021, Arizona Revised Statutes, as amended by laws 2015, chapter 276, section 6; repealing section 36‑2907, Arizona Revised Statutes, as amended by Laws 2015, chapter 195, section 57; amending section 36‑2907, Arizona Revised Statutes, as amended by laws 2015, chapter 264, section 1; repealing section 41‑2501, Arizona Revised Statutes, as amended by laws 2015, chapter 195, section 82; amending section 41‑2501, Arizona Revised Statutes, as amended by laws 2015, chapter 257, section 30; repealing section 41‑3803, Arizona Revised Statutes, as amended by Laws 2015, chapter 195, section 83; amending section 41‑3803, Arizona Revised Statutes, as amended by laws 2015, chapter 167, section 1; repealing section 41‑3804, Arizona Revised Statutes, as amended by laws 2015, chapter 195, section 84; amending section 41‑3804, Arizona Revised Statutes, as amended by laws 2015, chapter 167, section 2; repealing section 41‑3955.01, Arizona Revised Statutes, as amended by laws 2015, chapter 195, section 85; amending section 41‑3955.01, Arizona Revised Statutes, as amended by laws 2015, chapter 312, section 1; amending section 41‑3955.01, Arizona Revised Statutes, as amended by laws 2015, chapter 312, section 2; repealing section 49‑123, Arizona Revised Statutes, as amended by laws 2015, chapter 208, section 25; amending section 49‑123, Arizona Revised Statutes, as amended by laws 2013, chapter 205, section 1; repealing section 49‑127, Arizona Revised Statutes, as amended by laws 2015, CHAPTER 208, section 26; amending section 49‑127, Arizona Revised Statutes, as amended by laws 1989, chapter 238, section 5; repealing section 49‑128, Arizona Revised Statutes, as amended by laws 2015, chapter 208, section 27; amending section 49‑128, Arizona Revised Statutes, as amended by laws 2011, chapter 36, section 1; repealing section 49‑129, Arizona Revised Statutes, as amended by laws 2015, chapter 208, section 28; amending section 49‑129, Arizona Revised Statutes, as amended by laws 1989, chapter 238, section 7; repealing section 49‑130, Arizona Revised Statutes, as amended by laws 2015, chapter 208, section 29; amending section 49‑130, Arizona Revised Statutes, as amended by laws 2002, chapter 138, section 1; repealing section 49‑131, Arizona Revised Statutes, as amended by laws 2015, chapter 208, section 30; amending section 49‑131, Arizona Revised Statutes, as amended by laws 1989, chapter 238, section 9; repealing section 49‑132, Arizona Revised Statutes, as amended by laws 2015, chapter 208, section 31; amending section 49‑132, Arizona Revised Statutes, as amended by laws 1991, chapter 315, section 4; repealing laws 2015, chapter 208, section 35; appropriating monies; relating to MULTIPLE, defective and conflicting legislative DISPOSITIONS of statutory text.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Purpose
1. Section 36‑2021, Arizona Revised Statutes, was amended by Laws 2015, chapter 195, section 47 and chapter 276, section 6. The chapter 195 version could not be blended because of the delayed effective date. In order to combine these versions, this act amends the Laws 2015, chapter 276 version of section 36‑2021, Arizona Revised Statutes, to incorporate the amendments made by Laws 2015, chapter 195, and the chapter 195 version is repealed.
2. Section 36‑2907, Arizona Revised Statutes, was amended by Laws 2015, chapter 195, section 57 and chapter 264, section 1. The chapter 195 version could not be blended because of the delayed effective date. In order to combine these versions, this act amends the Laws 2015, chapter 264 version of section 36‑2907, Arizona Revised Statutes, to incorporate the amendments made by Laws 2015, chapter 195, and the chapter 195 version is repealed.
3. Section 41‑2501, Arizona Revised Statutes, was amended by Laws 2015, chapter 195, section 82 and chapter 257, section 30. The chapter 195 version could not be blended because of the delayed effective date. In order to combine these versions, this act amends the Laws 2015, chapter 257 version of section 41‑2501, Arizona Revised Statutes, to incorporate the amendments made by Laws 2015, chapter 195, and the chapter 195 version is repealed.
4. Section 41‑3803, Arizona Revised Statutes, was amended by Laws 2015, chapter 167, section 1 and chapter 195, section 83. The chapter 195 version could not be blended because of the delayed effective date. In order to combine these versions, this act amends the Laws 2015, chapter 167 version of section 41‑3803, Arizona Revised Statutes, to incorporate the amendments made by Laws 2015, chapter 195, and the chapter 195 version is repealed.
5. Section 41‑3804, Arizona Revised Statutes, was amended by Laws 2015, chapter 167, section 2 and chapter 195, section 84. The chapter 195 version could not be blended because of the delayed effective date. In order to combine these versions, this act amends the Laws 2015, chapter 167 version of section 41‑3804, Arizona Revised Statutes, to incorporate the amendments made by Laws 2015, chapter 195, and the chapter 195 version is repealed.
6. Section 41‑3955.01, Arizona Revised Statutes, was amended by Laws 2015, chapter 195, section 85 and chapter 312, sections 1 and 2. The chapter 195 version could not be blended because of the delayed effective date. In order to combine these versions, this act amends the Laws 2015, chapter 312, section 1 and section 2 versions of section 41‑3955.01, Arizona Revised Statutes, to incorporate the amendments made by Laws 2015, chapter 195, and the chapter 195 version is repealed.
7. Section 26‑343, Arizona Revised Statutes, was transferred and renumbered as section 49‑123, Arizona Revised Statutes, by Laws 2015, chapter 208, section 12, and, as renumbered, was amended by Laws 2015, chapter 208, section 25. However, the amendment of section 49‑123, Arizona Revised Statutes, was not included in the title of the act. In order to comply with article IV, part 2, section 13, Constitution of Arizona, this act amends section 49‑123, Arizona Revised Statutes, as amended by Laws 2013, chapter 205, section 1, to incorporate the amendments made by Laws 2015, chapter 208, and the chapter 208 version is repealed.
8. Section 26‑347, Arizona Revised Statutes, was transferred and renumbered as section 49‑127, Arizona Revised Statutes, by Laws 2015, chapter 208, section 12, and, as renumbered, was amended by Laws 2015, chapter 208, section 26. However, the amendment of section 49‑127, Arizona Revised Statutes, was not included in the title of the act. In order to comply with article IV, part 2, section 13, Constitution of Arizona, this act amends section 49‑127, Arizona Revised Statutes, as amended by Laws 1989, chapter 238, section 5, to incorporate the amendments made by Laws 2015, chapter 208, and the chapter 208 version is repealed.
9. Section 26‑348, Arizona Revised Statutes, was transferred and renumbered as section 49‑128, Arizona Revised Statutes, by Laws 2015, chapter 208, section 12, and, as renumbered, was amended by Laws 2015, chapter 208, section 27. However, the amendment of section 49‑128, Arizona Revised Statutes, was not included in the title of the act. In order to comply with article IV, part 2, section 13, Constitution of Arizona, this act amends section 49‑128, Arizona Revised Statutes, as amended by Laws 2011, chapter 36, section 1, to incorporate the amendments made by Laws 2015, chapter 208, and the chapter 208 version is repealed.
10. Section 26‑349, Arizona Revised Statutes, was transferred and renumbered as section 49‑129, Arizona Revised Statutes, by Laws 2015, chapter 208, section 12, and, as renumbered, was amended by Laws 2015, chapter 208, section 28. However, the amendment of section 49‑129, Arizona Revised Statutes, was not included in the title of the act. In order to comply with article IV, part 2, section 13, Constitution of Arizona, this act amends section 49‑129, Arizona Revised Statutes, as amended by Laws 1989, chapter 238, section 7, to incorporate the amendments made by Laws 2015, chapter 208, and the chapter 208 version is repealed.
11. Section 26‑350, Arizona Revised Statutes, was transferred and renumbered as section 49‑130, Arizona Revised Statutes, by Laws 2015, chapter 208, section 12, and, as renumbered, was amended by Laws 2015, chapter 208, section 29. However, the amendment of section 49‑130, Arizona Revised Statutes, was not included in the title of the act. In order to comply with article IV, part 2, section 13, Constitution of Arizona, this act amends section 49‑130, Arizona Revised Statutes, as amended by Laws 2002, chapter 138, section 1, to incorporate the amendments made by Laws 2015, chapter 208, and the chapter 208 version is repealed.
12. Section 26‑351, Arizona Revised Statutes, was transferred and renumbered as section 49‑131, Arizona Revised Statutes, by Laws 2015, chapter 208, section 12, and, as renumbered, was amended by Laws 2015, chapter 208, section 30. However, the amendment of section 49‑131, Arizona Revised Statutes, was not included in the title of the act. In order to comply with article IV, part 2, section 13, Constitution of Arizona, this act amends section 49‑131, Arizona Revised Statutes, as amended by Laws 1989, chapter 238, section 9, to incorporate the amendments made by Laws 2015, chapter 208, and the chapter 208 version is repealed.
13. Section 26‑352, Arizona Revised Statutes, was transferred and renumbered as section 49‑132, Arizona Revised Statutes, by Laws 2015, chapter 208, section 12, and, as renumbered, was amended by Laws 2015, chapter 208, section 31. However, the amendment of section 49‑132, Arizona Revised Statutes, was not included in the title of the act. In order to comply with article IV, part 2, section 13, Constitution of Arizona, this act amends section 49‑132, Arizona Revised Statutes, as amended by Laws 1991, chapter 315, section 4, to incorporate the amendments made by Laws 2015, chapter 208, and the chapter 208 version is repealed.
14. Laws 2015, chapter 208, section 35 transferred monies, but this appropriation was not included in the title of the act. In order to comply with article IV, part 2, section 13, Constitution of Arizona, this act repeals Laws 2015, chapter 208, section 35 and reenacts the transfer of monies.
Sec. 2. Repeal
Section 36-2021, Arizona Revised Statutes, as amended by Laws 2015, chapter 195, section 47, is repealed.
Sec. 3. Section 36-2021, Arizona Revised Statutes, as amended by Laws 2015, chapter 276, section 6, is amended to read:
36-2021. Definitions
In this chapter, unless the context otherwise requires:
1. "Administration" means the Arizona health care cost containment system administration.
1. 2. "Alcoholic" means a person who habitually lacks self‑control with respect to the use of alcoholic beverages or who uses alcoholic beverages to the extent that his the person's health is substantially impaired or endangered or his social or economic functions are substantially disrupted.
2. 3. "Approved private treatment facility" means a private agency meeting the standards established by the division department and approved pursuant to sections 36‑2023 and 36‑2029.
3. 4. "Approved public treatment facility" means a treatment agency operating under the directions and control of a county, providing treatment through a contract with a county, meeting the standards established by the division department and approved pursuant to sections 36‑2023 and 36‑2029.
4. 5. "Chronic alcoholic" means an alcoholic who is incapacitated by alcohol and who during the preceding twelve months has been admitted to a local alcoholism reception center on ten or more occasions or has been admitted for three or more episodes of inpatient or residential alcoholism treatment.
5. 6. "Court" means the supreme court, the court of appeals, a superior court, a justice of the peace court, a municipal court or a city court authorized by charter.
6. 7. "Department" means the department of health services.
7. "Deputy director" means the deputy director of the division of behavioral health in the department of health services.
8. "Director" means the director of the department of health services administration.
9. "Division" means the division of behavioral health in the department of health services.
10. 9. "Evaluation" means a multidisciplinary professional analysis of a person's medical, psychological, social, financial and legal conditions. Persons providing evaluation services shall be properly qualified professionals and may be full‑time employees of an approved treatment facility providing evaluation services or may be part‑time employees or may be employed on a contractual basis.
11. 10. "Incapacitated by alcohol" means that a person as a result of the use of alcohol is unconscious or has his judgment otherwise so impaired that he the person is incapable of realizing and making a rational decision with respect to his the person's need for evaluation and treatment, is unable to take care of his basic personal needs or safety such as food, clothing, shelter or medical care or lacks sufficient understanding or capacity to make or communicate rational decisions concerning himself.
12. 11. "Intoxicated person" means a person whose mental or physical functioning is substantially impaired as a result of the immediate effects of alcohol in his the person's system.
13. 12. "Local alcoholism reception center" or "center" means an initial reception agency for a person who is intoxicated or who is incapacitated by alcohol to receive initial evaluation and processing for assignment for further evaluation or into a treatment program.
14. 13. "Treatment" means the broad range of emergency, outpatient, intermediate and inpatient services and care, including diagnostic evaluation, medical, psychiatric, psychological and social service care, vocational rehabilitation and career counseling, which may be extended to alcoholics and intoxicated persons.
Sec. 4. Repeal
Section 36-2907, Arizona Revised Statutes, as amended by Laws 2015, chapter 195, section 57, is repealed.
Sec. 5. Section 36-2907, Arizona Revised Statutes, as amended by Laws 2015, chapter 264, section 1, is amended to read:
36-2907. Covered health and medical services; modifications; related delivery of service requirements; definition
A. Subject to the limitations and exclusions specified in this section, contractors shall provide the following medically necessary health and medical services:
1. Inpatient hospital services that are ordinarily furnished by a hospital for the care and treatment of inpatients and that are provided under the direction of a physician or a primary care practitioner. For the purposes of this section, inpatient hospital services exclude services in an institution for tuberculosis or mental diseases unless authorized under an approved section 1115 waiver.
2. Outpatient health services that are ordinarily provided in hospitals, clinics, offices and other health care facilities by licensed health care providers. Outpatient health services include services provided by or under the direction of a physician or a primary care practitioner.
3. Other laboratory and x‑ray services ordered by a physician or a primary care practitioner.
4. Medications that are ordered on prescription by a physician or a dentist licensed pursuant to title 32, chapter 11. Persons who are dually eligible for title XVIII and title XIX services must obtain available medications through a medicare licensed or certified medicare advantage prescription drug plan, a medicare prescription drug plan or any other entity authorized by medicare to provide a medicare part D prescription drug benefit.
5. Medical supplies, durable medical equipment, insulin pumps and prosthetic devices ordered by a physician or a primary care practitioner. Suppliers of durable medical equipment shall provide the administration with complete information about the identity of each person who has an ownership or controlling interest in their business and shall comply with federal bonding requirements in a manner prescribed by the administration.
6. For persons who are at least twenty‑one years of age, treatment of medical conditions of the eye, excluding eye examinations for prescriptive lenses and the provision of prescriptive lenses.
7. Early and periodic health screening and diagnostic services as required by section 1905(r) of title XIX of the social security act for members who are under twenty‑one years of age.
8. Family planning services that do not include abortion or abortion counseling. If a contractor elects not to provide family planning services, this election does not disqualify the contractor from delivering all other covered health and medical services under this chapter. In that event, the administration may contract directly with another contractor, including an outpatient surgical center or a noncontracting provider, to deliver family planning services to a member who is enrolled with the contractor that elects not to provide family planning services.
9. Podiatry services ordered by a primary care physician or primary care practitioner.
10. Nonexperimental transplants approved for title XIX reimbursement.
11. Ambulance and nonambulance transportation, except as provided in subsection G of this section.
12. Hospice care.
13. Orthotics, if all of the following apply:
(a) The use of the orthotic is medically necessary as the preferred treatment option consistent with medicare guidelines.
(b) The orthotic is less expensive than all other treatment options or surgical procedures to treat the same diagnosed condition.
(c) The orthotic is ordered by a physician or primary care practitioner.
B. The limitations and exclusions for health and medical services provided under this section are as follows:
1. Circumcision of newborn males is not a covered health and medical service.
2. For eligible persons who are at least twenty‑one years of age:
(a) Outpatient health services do not include occupational therapy or speech therapy.
(b) Prosthetic devices do not include hearing aids, dentures, bone anchored bone-anchored hearing aids or cochlear implants. Prosthetic devices, except prosthetic implants, may be limited to twelve thousand five hundred dollars per contract year.
(c) Percussive vests and orthotics are not covered health and medical services.
(d) Durable medical equipment is limited to items covered by medicare.
(e) Podiatry services do not include services performed by a podiatrist.
(f) Nonexperimental transplants do not include pancreas only pancreas‑only transplants.
(g) Bariatric surgery procedures, including laparoscopic and open gastric bypass and restrictive procedures, are not covered health and medical services.
C. The system shall pay noncontracting providers only for health and medical services as prescribed in subsection A of this section and as prescribed by rule.
D. The director shall adopt rules necessary to limit, to the extent possible, the scope, duration and amount of services, including maximum limitations for inpatient services that are consistent with federal regulations under title XIX of the social security act (P.L. 89‑97; 79 Stat. 344; 42 United States Code section 1396 (1980)). To the extent possible and practicable, these rules shall provide for the prior approval of medically necessary services provided pursuant to this chapter.
E. The director shall make available home health services in lieu of hospitalization pursuant to contracts awarded under this article. For the purposes of this subsection, "home health services" means the provision of nursing services, home health aide services or medical supplies, equipment and appliances that are provided on a part‑time or intermittent basis by a licensed home health agency within a member's residence based on the orders of a physician or a primary care practitioner. Home health agencies shall comply with the federal bonding requirements in a manner prescribed by the administration.
F. The director shall adopt rules for the coverage of behavioral health services for persons who are eligible under section 36‑2901, paragraph 6, subdivision (a). The administration shall contract with the department of health services for the delivery of all medically necessary behavioral health services to persons who are eligible under rules adopted pursuant to this subsection. The division of behavioral health in the department of health services the administration acting through the regional behavioral health authorities shall establish a diagnostic and evaluation program to which other state agencies shall refer children who are not already enrolled pursuant to this chapter and who may be in need of behavioral health services. In addition to an evaluation, the division of behavioral health administration acting through regional behavioral health authorities shall also identify children who may be eligible under section 36‑2901, paragraph 6, subdivision (a) or section 36‑2931, paragraph 5 and shall refer the children to the appropriate agency responsible for making the final eligibility determination.
G. The director shall adopt rules for the provision of transportation services and rules providing for copayment by members for transportation for other than emergency purposes. Subject to approval by the centers for medicare and medicaid services, nonemergency medical transportation shall not be provided except for stretcher vans and ambulance transportation. Prior authorization is required for transportation by stretcher van and for medically necessary ambulance transportation initiated pursuant to a physician's direction. Prior authorization is not required for medically necessary ambulance transportation services rendered to members or eligible persons initiated by dialing telephone number 911 or other designated emergency response systems.
H. The director may adopt rules to allow the administration, at the director's discretion, to use a second opinion procedure under which surgery may not be eligible for coverage pursuant to this chapter without documentation as to need by at least two physicians or primary care practitioners.
I. If the director does not receive bids within the amounts budgeted or if at any time the amount remaining in the Arizona health care cost containment system fund is insufficient to pay for full contract services for the remainder of the contract term, the administration, on notification to system contractors at least thirty days in advance, may modify the list of services required under subsection A of this section for persons defined as eligible other than those persons defined pursuant to section 36‑2901, paragraph 6, subdivision (a). The director may also suspend services or may limit categories of expense for services defined as optional pursuant to title XIX of the social security act (P.L. 89‑97; 79 Stat. 344; 42 United States Code section 1396 (1980)) for persons defined pursuant to section 36‑2901, paragraph 6, subdivision (a). Such reductions or suspensions do not apply to the continuity of care for persons already receiving these services.
J. Additional, reduced or modified hospitalization and medical care benefits may be provided under the system to enrolled members who are eligible pursuant to section 36‑2901, paragraph 6, subdivision (b), (c), (d) or (e).
K. All health and medical services provided under this article shall be provided in the geographic service area of the member, except:
1. Emergency services and specialty services provided pursuant to section 36‑2908.
2. That the director may permit the delivery of health and medical services in other than the geographic service area in this state or in an adjoining state if the director determines that medical practice patterns justify the delivery of services or a net reduction in transportation costs can reasonably be expected. Notwithstanding the definition of physician as prescribed in section 36‑2901, if services are procured from a physician or primary care practitioner in an adjoining state, the physician or primary care practitioner shall be licensed to practice in that state pursuant to licensing statutes in that state similar to title 32, chapter 13, 15, 17 or 25 and shall complete a provider agreement for this state.
L. Covered outpatient services shall be subcontracted by a primary care physician or primary care practitioner to other licensed health care providers to the extent practicable for purposes including, but not limited to, making health care services available to underserved areas, reducing costs of providing medical care and reducing transportation costs.
M. The director shall adopt rules that prescribe the coordination of medical care for persons who are eligible for system services. The rules shall include provisions for the transfer of patients, the transfer of medical records and the initiation of medical care.
N. For the purposes of this section, "ambulance" has the same meaning prescribed in section 36‑2201.
Sec. 6. Repeal
Section 41-2501, Arizona Revised Statutes, as amended by Laws 2015, chapter 195, section 82, is repealed.
Sec. 7. Section 41-2501, Arizona Revised Statutes, as amended by Laws 2015, chapter 257, section 30, is amended to read:
41-2501. Applicability
A. This chapter applies only to procurements initiated after January 1, 1985 unless the parties agree to its application to procurements initiated before that date.
B. This chapter applies to every expenditure of public monies, including federal assistance monies except as otherwise specified in section 41‑2637, by this state, acting through a state governmental unit as defined in this chapter, under any contract, except that this chapter does not apply to either grants as defined in this chapter, or contracts between this state and its political subdivisions or other governments, except as provided in chapter 24 of this title and in article 10 of this chapter. This chapter also applies to the disposal of state materials. This chapter and rules adopted under this chapter do not prevent any state governmental unit or political subdivision from complying with the terms of any grant, gift, bequest or cooperative agreement.
C. All political subdivisions and other local public agencies of this state may adopt all or any part of this chapter and the rules adopted pursuant to this chapter.
D. Notwithstanding any other law, sections 41‑2517 and 41‑2546 apply to any agency as defined in section 41‑1001, including the office of the governor.
E. The Arizona board of regents and the legislative and judicial branches of state government are not subject to this chapter except as prescribed in subsection F of this section.
F. The Arizona board of regents and the judicial branch shall adopt rules prescribing procurement policies and procedures for themselves and institutions under their jurisdiction. The rules must be substantially equivalent to the policies and procedures prescribed in this chapter.
G. The Arizona state lottery commission is exempt from this chapter for procurement relating to the design and operation of the lottery or purchase of lottery equipment, tickets and related materials. The executive director of the Arizona state lottery commission shall adopt rules substantially equivalent to the policies and procedures in this chapter for procurement relating to the design and operation of the lottery or purchase of lottery equipment, tickets or related materials. All other procurement shall be as prescribed by this chapter.
H. The Arizona health care cost containment system administration is exempt from this chapter for provider contracts pursuant to section 36‑2904, subsection A and contracts for goods and services, including program contractor contracts pursuant to title 36, chapter 29, articles 2 and 3 and contracts with regional behavioral health authorities pursuant to title 36, chapter 34. All other procurement, including contracts for the statewide administrator of the program pursuant to section 36‑2903, subsection B, shall be as prescribed by this chapter.
I. Arizona industries for the blind is exempt from this chapter for purchases of finished goods from members of national industries for the blind and for purchases of raw materials for use in the manufacture of products for sale pursuant to section 41‑1972. All other procurement shall be as prescribed by this chapter.
J. Arizona correctional industries is exempt from this chapter for purchases of raw materials, components and supplies that are used in the manufacture or production of goods or services for sale entered into pursuant to section 41‑1622. All other procurement shall be as prescribed by this chapter.
K. The state transportation board and the director of the department of transportation are exempt from this chapter other than section 41‑2586 for the procurement of construction or reconstruction, including engineering services, of transportation facilities or highway facilities and any other services that are directly related to land titles, appraisals, real property acquisition, relocation, property management or building facility design and construction for highway development and that are required pursuant to title 28, chapter 20.
L. The Arizona highways magazine is exempt from this chapter for contracts for the production, promotion, distribution and sale of the magazine and related products and for contracts for sole source creative works entered into pursuant to section 28‑7314, subsection A, paragraph 5. All other procurement shall be as prescribed by this chapter.
M. The secretary of state is exempt from this chapter for contracts entered into pursuant to section 41‑1012 to publish and sell the administrative code. All other procurement shall be as prescribed by this chapter.
N. This chapter is not applicable to contracts for professional witnesses if the purpose of such contracts is to provide for professional services or testimony relating to an existing or probable judicial proceeding in which this state is or may become a party or to contract for special investigative services for law enforcement purposes.
O. The head of any state governmental unit, in relation to any contract exempted by this section from this chapter, has the same authority to adopt rules, procedures or policies as is delegated to the director pursuant to this chapter.
P. Agreements negotiated by legal counsel representing this state in settlement of litigation or threatened litigation are exempt from this chapter.
Q. This chapter is not applicable to contracts entered into by the department of economic security:
1. With a provider licensed or certified by an agency of this state to provide child day care services.
2. With area agencies on aging created pursuant to the older Americans act of 1965 (P.L. 89‑73; 79 Stat. 218; 42 United States Code sections 3001 through 3058ff).
3. For services pursuant to title 36, chapter 29, article 2.
4. With an eligible entity as defined by Public Law 105‑285, section 673(1)(A)(i), as amended, for designated community services block grant program monies and any other monies given to the eligible entity that accomplishes the purpose of Public Law 105‑285, section 672.
R. The department of health services Arizona health care cost containment system may not require that persons with whom it contracts follow this chapter for the purposes of subcontracts entered into for the provision of the following:
1. Mental health services pursuant to section 36‑189, subsection B.
2. Services for the seriously mentally ill pursuant to title 36, chapter 5, article 10.
3. Drug and alcohol services pursuant to section 36‑141.
4. S. The department of health services may not require that persons with whom it contracts follow this chapter for the purpose of subcontracts entered into for the provision of domestic violence services pursuant to title 36, chapter 30, article 1.
S. T. The department of health services is exempt from this chapter for contracts for services of physicians at the Arizona state hospital.
T. U. Contracts for goods and services approved by the board of trustees of the public safety personnel retirement system are exempt from this chapter.
U. V. The Arizona department of agriculture is exempt from this chapter with respect to contracts for private labor and equipment to effect cotton or cotton stubble plow‑up pursuant to rules adopted under title 3, chapter 2, article 1.
V. W. The Arizona state parks board is exempt from this chapter for purchases of guest supplies and items for resale such as food, linens, gift items, sundries, furniture, china, glassware and utensils for the facilities located in the Tonto natural bridge state park.
W. X. The Arizona state parks board is exempt from this chapter for the purchase, production, promotion, distribution and sale of publications, souvenirs and sundry items obtained and produced for resale.
X. Y. The Arizona state schools for the deaf and the blind are exempt from this chapter for the purchase of textbooks and when purchasing products through a cooperative that is organized and operates in accordance with state law if such products are not available on a statewide contract and are related to the operation of the schools or are products for which special discounts are offered for educational institutions.
Y. Z. Expenditures of monies in the morale, welfare and recreational fund established by section 26‑153 are exempt from this chapter.
Z. AA. Notwithstanding section 41‑2534, the director of the state department of corrections may contract with local medical providers in counties with a population of less than four hundred thousand persons for the following purposes:
1. To acquire hospital and professional medical services for inmates who are incarcerated in state department of corrections facilities that are located in those counties.
2. To ensure the availability of emergency medical services to inmates in all counties by contracting with the closest medical facility that offers emergency treatment and stabilization.
AA. BB. The department of environmental quality is exempt from this chapter for contracting for procurements relating to the water quality assurance revolving fund program established pursuant to title 49, chapter 2, article 5. The department shall engage in a source selection process that is similar to the procedures prescribed by this chapter. The department may contract for remedial actions with a single selection process. The exclusive remedy for disputes or claims relating to contracting pursuant to this subsection is as prescribed by article 9 of this chapter and the rules adopted pursuant to that article. All other procurement by the department shall be as prescribed by this chapter.
BB. CC. The motor vehicle division of the department of transportation is exempt from this chapter for third‑party authorizations pursuant to title 28, chapter 13, only if all of the following conditions exist:
1. The division does not pay any public monies to an authorized third party.
2. Exclusivity is not granted to an authorized third party.
3. The director has complied with the requirements prescribed in title 28, chapter 13 in selecting an authorized third party.
CC. DD. This section does not exempt third‑party authorizations pursuant to title 28, chapter 13 from any other applicable law.
DD. EE. The state forester is exempt from this chapter for purchases and contracts relating to wildland fire suppression and pre‑positioning equipment resources and for other activities related to combating wildland fires and other unplanned risk activities, including fire, flood, earthquake, wind and hazardous material responses. All other procurement by the state forester shall be as prescribed by this chapter.
EE. FF. The cotton research and protection council is exempt from this chapter for procurements.
FF. GG. Expenditures of monies in the Arizona agricultural protection fund established by section 3‑3304 are exempt from this chapter.
GG. HH. The Arizona commerce authority is exempt from this chapter, except article 10 for the purpose of cooperative purchases. The authority shall adopt policies, procedures and practices, in consultation with the department of administration, that are similar to and based on the policies and procedures prescribed by this chapter for the purpose of increased public confidence, fair and equitable treatment of all persons engaged in the process and fostering broad competition while accomplishing flexibility to achieve the authority's statutory requirements. The authority shall make its policies, procedures and practices available to the public. The authority may exempt specific expenditures from the policies, procedures and practices.
HH. II. The Arizona exposition and state fair board is exempt from this chapter for contracts for professional entertainment.
II. JJ. This chapter does not apply to the purchase of water, gas or electric utilities.
JJ. KK. This chapter does not apply to professional certifications, professional memberships and conference registrations.
KK. LL. The department of gaming is exempt from this chapter for problem gambling treatment services contracts with licensed behavioral health professionals.
LL. MM. This chapter does not apply to contracts for credit reporting services.
MM. NN. This chapter does not apply to contracts entered into by the department of child safety:
1. With a provider of family foster care pursuant to section 8‑503.
2. With an eligible entity as defined by Public Law 105‑285, section 673(1)(A)(i), as amended, for designated community services block grant program monies and any other monies given to the eligible entity that accomplishes the purpose of Public Law 105‑285, section 672.
Sec. 8. Repeal
Section 41-3803, Arizona Revised Statutes, as amended by Laws 2015, chapter 195, section 83, is repealed.
Sec. 9. Section 41-3803, Arizona Revised Statutes, as amended by Laws 2015, chapter 167, section 1, is amended to read:
41-3803. Human rights committee on the mentally ill; training plan
A. The human rights committee on the mentally ill is established in the department of health services Arizona health care cost containment system to promote the rights of persons who receive behavioral health services pursuant to title 36, chapters 5 and 34.
B. Each region of the state covered by a regional behavioral health authority shall have at least one human rights committee with the authority and responsibilities as prescribed by the department of health services Arizona health care cost containment system administration pursuant to rules adopted by the department administration relating to behavioral health services.
C. The director of the department of health services Arizona health care cost containment system administration may establish additional committees to serve persons who receive behavioral health services or to oversee the activities of any service provider.
D. Each committee established pursuant to this section shall consist of at least seven and not more than fifteen members appointed by the director of the department of health services Arizona health care cost containment system administration with expertise in at least one of the following areas:
1. Psychology.
2. Law.
3. Medicine.
4. Education.
5. Special education.
6. Social work.
7. Mental health.
8. Housing for the mentally ill.
E. Each human rights committee, if appropriate, shall include at least two parents of children who receive behavioral health services pursuant to title 36, chapter 34.
F. Each human rights committee shall include at least one member who is a current or former client of the behavioral health system.
G. Current or former providers or employees of providers that have contracted with a regional behavioral health authority may serve on a human rights committee.
H. The department of health services shall ensure that each regional behavioral health authority and its providers develop and implement a human rights training plan to ensure that providers are trained regarding clients' human rights and the duties of the human rights committees.
I. Each committee shall be organized pursuant to this section and the requirements of section 41‑3804.
Sec. 10. Repeal
Section 41-3804, Arizona Revised Statutes, as amended by Laws 2015, chapter 195, section 84, is repealed.
Sec. 11. Section 41-3804, Arizona Revised Statutes, as amended by Laws 2015, chapter 167, section 2, is amended to read:
41-3804. Human rights committees; membership; duties; client information; immunity; violation; classification
A. Subject to the approval of the appropriate department director, each committee established pursuant to this article shall adopt guidelines that govern its operation, including terms of members, quorum and attendance requirements and removal of a committee member if necessary. Each committee shall adopt these guidelines by majority vote within the first three months of its formation. These guidelines shall not conflict with this article. The director of the appropriate department shall approve the guidelines unless they are inconsistent with the department's statutes, policies, procedures or rules, or if the guidelines do not promote participation by all interested members of the community that the committee serves. In addition to the procedures in the guidelines, each human rights committee must approve the removal of any committee member on majority vote of the committee.
B. Employees of the department of economic security, the department of child safety, the department of health services Arizona health care cost containment system and the Arizona health care cost containment system administration may serve on a committee only as nonvoting members whose presence is not counted for the purpose of determining a quorum.
C. Advocacy groups, local advisory councils, committee members and the director of the appropriate department may submit names of candidates to fill committee vacancies. The appropriate director shall appoint a person to fill a vacancy subject to the approval of the committee.
D. Each committee shall meet at least quarterly each calendar year.
E. Each committee shall provide independent oversight to:
1. Ensure that the rights of clients are protected.
2. Review incidents of possible abuse, neglect or denial of a client's rights.
3. Make recommendations to the appropriate department director and the legislature regarding laws, rules, policies, procedures and practices to ensure the protection of the rights of clients receiving behavioral health and developmental disability services.
F. Each committee shall submit written objections to specific problems or violations of client rights by department employees or service providers to the director of the appropriate department for review. The appropriate department director shall respond, in writing, to written objections within twenty‑one days after receiving the objections.
G. Each committee shall issue an annual report of its activities and recommendations for changes to the director of the appropriate department, the president of the senate, the speaker of the house of representatives and the chairpersons of the senate health and human services committee and the house of representatives health committee, or their successor committees.
H. A committee may request from the appropriate department the services of a consultant or department employee to advise it on specific issues. The consultant may be a member of another human rights committee, a department employee or a service provider. Subject to the availability of monies, the appropriate department shall assume the cost of the consultant. A consultant shall not participate in committee votes.
I. Subject to federal law, committee members and consultants have access to client information and records, including quality of care reports and, on request, case presentations, adult protective services investigation case status and outcomes, substantiations, recommendations and other quality of care findings from peer reviews or any successor report or process, maintained by the appropriate department, provider or regional behavioral health authorities to the extent necessary to conduct committee duties. Each person who receives information or records pursuant to this subsection shall maintain the information or records as confidential and sign an agreement to comply with all confidentiality requirements. Any client information or records shall be released to the committee without the designation of personally identifiable information unless the personally identifiable information is required for the official purposes of the committee. A violation of this subsection is a class 2 misdemeanor. For the purposes of this subsection, "personally identifiable information" includes a person's name, address, date of birth, social security number, tribal enrollment number, telephone or fax number, e‑mail address, social media identifier, driver license number, places of employment, or school identification or military identification number or any other distinguishing characteristic that tends to identify a particular person. A violation of this subsection is a class 2 misdemeanor.
J. If a committee's request for information or records from a department is denied, the committee may request in writing that the director of the appropriate department review this decision. The agency director or designee shall conduct the review within five business days after receiving the request for review. The agency shall bear the costs of conducting the review. A final agency decision made pursuant to this subsection is subject to judicial review pursuant to title 12, chapter 7, article 6. The agency shall not release any information or records during the period an appeal may be filed or is pending.
K. Confidential records and information received by the committee or its consultant are subject to the same provisions concerning subpoenas, discovery and use in legal actions as are the original records and information.
L. The human rights committees may exchange information and engage in planning and coordination activities between committee members in the performance of committee duties pursuant to this section.
M. The human rights committees may encourage public awareness and involvement in their activities by supporting committee members with affiliation agreements with postsecondary education‑sponsored internship placements pursuant to the appropriate department's approved operating procedures.
N. The appropriate departments shall coordinate education and training programs for committee members to facilitate their role as human rights committee members. The appropriate departments shall coordinate statewide meetings of committees at least every two years and provide staff for the committees.
O. Any person who, in good faith and without malice and in connection with duties or functions of a committee established pursuant to this article, takes an action or makes a decision or recommendation as a member or agent of a committee or who furnishes records, information or assistance that is related to the duties of a committee is not subject to liability for civil damages in consequence of that action. The court shall determine the presence of malice by clear and convincing evidence.
P. Title 38, chapter 3, article 8, relating to conflict of interest, applies to all committee members.
Sec. 12. Repeal
Section 41-3955.01, Arizona Revised Statutes, as amended by Laws 2015, chapter 195, section 85, is repealed.
Sec. 13. Section 41-3955.01, Arizona Revised Statutes, as amended by Laws 2015, chapter 312, section 1, is amended to read:
41-3955.01. Seriously mentally ill housing trust fund; purpose; report
A. The seriously mentally ill housing trust fund is established. The director of the department of health services Arizona health care cost containment system administration shall administer the fund. The fund consists of monies received pursuant to section 44‑313 and investment earnings.
B. On notice from the department of health services director of the Arizona health care cost containment system administration, 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.
C. Fund monies shall be spent on approval of the department of health services Arizona health care cost containment system administration solely for housing projects and rental assistance for seriously mentally ill persons.
D. The director of the department of health services Arizona health care cost containment system administration shall report annually to the legislature on the status of the seriously mentally ill housing trust fund. The report shall include a summary of facilities for which funding was provided during the preceding fiscal year and shall show the cost and geographic location of each facility and the number of individuals benefiting from the operation, construction or renovation of the facility. The report shall be submitted to the president of the senate and the speaker of the house of representatives no later than September 1 of each year.
E. Monies in the seriously mentally ill housing trust fund are exempt from the provisions of section 35‑190 relating to lapsing of appropriations.
F. An amount not to exceed ten percent of the seriously mentally ill housing trust fund monies may be appropriated annually by the legislature to the department of health services Arizona health care cost containment system for administrative costs in providing services relating to the seriously mentally ill housing trust fund.
G. For any construction project financed by the department of health services Arizona health care cost containment system administration pursuant to this section, the department of health services administration shall notify a city, town, county or tribal government that a project is planned for its jurisdiction and, before proceeding, shall seek comment from the governing body of the city, town, county or tribal government or an official authorized by the governing body of the city, town, county or tribal government. The department of health services Arizona health care cost containment system administration shall not interfere with or attempt to override the local jurisdiction's planning, zoning or land use regulations.
Sec. 14. Section 41-3955.01, Arizona Revised Statutes, as amended by Laws 2015, chapter 312, section 2, is amended to read:
41-3955.01. Seriously mentally ill housing trust fund; purpose; report
A. The seriously mentally ill housing trust fund is established. The director of the department of health services Arizona health care cost containment system administration shall administer the fund. The fund consists of monies received pursuant to section 44‑313 and investment earnings.
B. On notice from the department of health services director of the Arizona health care cost containment system administration, 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.
C. Fund monies shall be spent on approval of the department of health services Arizona health care cost containment system administration solely for housing projects for seriously mentally ill persons.
D. The director of the department of health services Arizona health care cost containment system administration shall report annually to the legislature on the status of the seriously mentally ill housing trust fund. The report shall include a summary of facilities for which funding was provided during the preceding fiscal year and shall show the cost and geographic location of each facility and the number of individuals benefiting from the operation, construction or renovation of the facility. The report shall be submitted to the president of the senate and the speaker of the house of representatives no later than September 1 of each year.
E. Monies in the seriously mentally ill housing trust fund are exempt from the provisions of section 35‑190 relating to lapsing of appropriations.
F. An amount not to exceed ten percent of the seriously mentally ill housing trust fund monies may be appropriated annually by the legislature to the department of health services Arizona health care cost containment system for administrative costs in providing services relating to the seriously mentally ill housing trust fund.
G. For any construction project financed by the department of health services Arizona health care cost containment system administration pursuant to this section, the department of health services administration shall notify a city, town, county or tribal government that a project is planned for its jurisdiction and, before proceeding, shall seek comment from the governing body of the city, town, county or tribal government or an official authorized by the governing body of the city, town, county or tribal government. The department of health services Arizona health care cost containment system administration shall not interfere with or attempt to override the local jurisdiction's planning, zoning or land use regulations.
Sec. 15. Repeal
Section 49-123, Arizona Revised Statutes, as amended by Laws 2015, chapter 208, section 25, is repealed.
Sec. 16. Section 26‑343, Arizona Revised Statutes, as amended by Laws 2013, chapter 205, section 1, and as renumbered by Laws 2015, chapter 208, section 12, as section 49-123, is amended to read:
49‑123. Hazardous materials emergency management program; Arizona emergency response commission; emergency planning and community right‑to‑know
A. The
Arizona emergency response commission is established consisting of the director
of the division, who shall serve as chairperson, and the directors, or their
respective designees, of the department of environmental quality, the
department of health services, the department of public safety and the
department of transportation.
B. An
advisory committee to the commission is established consisting of:
1. The
state fire marshal.
2. The
chief administrative officer, or the officer's designee, of the following
agencies:
(a) Arizona
department of agriculture.
(b) Corporation
commission.
(c) Industrial
commission of Arizona.
(d) Radiation
regulatory agency.
(e) State
mine inspector.
3. Two
representatives nominated by the Arizona fire chiefs association incorporated
or its successor agency. One nominee shall represent a fire
department serving a population of two hundred fifty thousand or more
persons. One nominee shall represent a fire department or fire
district serving a population of less than two hundred fifty thousand
persons. The term of appointment is for two years.
C. The
governor shall appoint four private sector representatives to the advisory
committee to the commission after reviewing the recommendations provided by the
commission. The governor shall appoint, or reappoint, two of the
members each year from the private sector, to serve terms of two years. These
members, to the extent practicable, shall have technical expertise in the
emergency response field.
D. The
members of the commission shall serve without compensation but are eligible for
reimbursement for travel and other expenses as provided by law. The division
and the department of environmental quality shall provide such professional,
technical or administrative staff support as necessary to implement and perform
the commission duties.
E. The
commission shall meet as often as necessary and may organize itself into such
support committees as necessary to implement this article and title III in this
state. The full commission shall meet at least annually. The
commission may adopt internal operating rules.
A. The department is designated the lead agency for developing and implementing a state hazardous materials emergency management program.
B. The director shall appoint a coordinator to work in consultation with the Arizona emergency response commission in the development and implementation of the hazardous materials emergency management program.
C. The Arizona emergency response commission is established consisting of representatives from the following agencies and departments:
1. The division of emergency management.
2. The department of health services.
3. The department of public safety.
4. The department of transportation.
5. The Arizona department of agriculture.
6. The corporation commission.
7. The industrial commission of Arizona.
8. The office of state fire marshal.
9. The office of state mine inspector.
10. The radiation regulatory agency.
11. Two representatives nominated by the Arizona fire chiefs association or its successor organization, one of whom represents a fire department or a fire district serving a population of less than two hundred fifty thousand persons.
12. Other agencies or offices deemed necessary by the director.
D. This article does not change or alter the existing regulatory authority or provisions of law relating to the agencies and departments listed in subsection C of this section.
E. The department is designated as the lead agency for implementing title III of the superfund amendments and reauthorization act of 1986 (P.L. 99‑499). The director shall administer any monies received under subsection G of this section.
F. The commission department shall administer this article and the rules
adopted under this article. The commission
department shall
administer title III in this state and may conduct whatever activities are
necessary to implement this article and title III in this state. The
commission department is granted all the authority and
responsibilities of a state emergency response commission for purposes of title
III.
G. The commission department may procure by contract the temporary or
intermittent services of experts or consultants if such services are to be
performed on a part‑time or fee‑for‑services basis and do not
involve the performance of administrative duties. The commission department may also enter into agreements with the federal
government, Indian tribes, other states and political subdivisions of this
state for the purposes of this article. The commission department may also accept on behalf of this state any
reimbursement, grant or gift that may become available for purposes of this chapter article. The commission
department shall
deposit, pursuant to sections 35‑146 and 35‑147, any such monies in
the emergency response fund.
H. The commission department shall establish a program of financial grants to
local governments funded through the division
department by
appropriations to the emergency response fund. The grants shall be
dedicated to and used for local compliance with this article. The commission department shall include procedures for applying for the grants
and qualifying criteria for awarding the grants.
I. The commission department shall adopt and may modify, suspend or repeal
rules pursuant to title 41, chapter 6. The rules may not be more
stringent than title III and the federal regulations adopted under title III,
except as specifically authorized in this article. These rules shall
implement this chapter article and title III in
this state. The authority to adopt rules includes establishing:
1. Procedures for handling public information requests.
2. Procedures and implementing programs for chemical emergency planning and preparedness.
3. Community right‑to‑know program reporting requirements.
4. Through December 31, 2018, Fees to implement the
community right‑to‑know program. The fees shall be
deposited, pursuant to sections 35‑146 and 35‑147, in the emergency
response fund established by section 26‑352 49‑132. The
governor's regulatory review council must approve rules adopted pursuant to
this paragraph.
5. Release reporting requirements.
J. Commissioners and advisory committee members The department shall ensure
that mandatory hazardous materials training programs for on-scene command
personnel that are developed, delivered or managed by their respective
agencies, departments or divisions address notification procedures,
coordination of services and comprehensive management for protection of the
public health during and after a chemical or other toxic fire
event. The training shall include notification and coordination with
the emergency response unit of the department of
environmental quality, the department of public safety, the
department of transportation, the radiation regulatory agency, the commission,
local emergency planning committees, the department of health services, the
division of emergency management, the national response center and the Arizona
poison control system. Training shall also include orientation on
the state emergency response and recovery plan concerning hazardous
materials. Commissioners and advisory
committee members The department shall
encourage private companies that deliver similar training in Arizona this state to include the same curriculum in their programs.
Sec. 17. Repeal
Section 49-127, Arizona Revised Statutes, as amended by Laws 2015, chapter 208, section 26, is repealed.
Sec. 18. Section 26‑347, Arizona Revised Statutes, as amended by Laws 1989, chapter 238, section 5, and as renumbered by Laws 2015, chapter 208, section 12, as section 49-127, is amended to read:
49‑127. Facilities subject to emergency planning; facility emergency response plans
A. A facility is subject
to emergency planning requirements if a substance identified under section 26‑346 49‑126 is present at the facility in an amount at or in
excess of the threshold planning quantity for that substance.
B. For purposes of
emergency planning, the commission department may designate
additional facilities which that are subject to this
section. The designation shall be accomplished after providing at
least thirty days' prior public notice in a newspaper of general circulation in
the county where the facility is located, after allowing public comment to the commission department for thirty days and after notification to the
facility of the proposed designation.
C. The owner or operator
of a facility subject to this section shall provide to the committee department the identity of a facility representative who will
provide a facility emergency response plan and who will participate in the
emergency planning process as the facility emergency coordinator.
D. Each facility that is subject to this
section shall prepare a facility emergency response plan and submit copies of
that plan to the commission department, the local
emergency planning committee for the district in which the facility is located
and the fire department with jurisdiction over the facility. A
facility that is required to prepare a contingency plan under title 49, chapter 5, article 2 of this title or the
resource conservation and recovery act of 1976 (P.L. 94‑580; 90 Stat.
2795) may submit that contingency plan in lieu of the emergency response plan
required by this section if the information in paragraphs 1 through 7 of this
subsection is included in the plan. In preparing the plan required
by this section, the facility emergency coordinator shall consult with the
local emergency planning committee and other emergency and health professionals
to assure maximum coordination with those whose cooperation or services may be
required in the event of a reportable release. The facility
emergency response plan shall include specific actions to be taken in the event
of an imminent or accidental reportable release to safeguard the public health,
safety and welfare and the environment to the maximum extent practicable. The
facility emergency response plan shall include:
1. Names, addresses and emergency telephone numbers of a facility emergency coordinator and alternate.
2. A description of emergency warning systems and a list of emergency units, emergency personnel and health professionals in close proximity to the facility.
3. A description of employee emergency response training and emergency preparedness programs.
4. A description of appropriate emergency equipment necessary to respond to a release.
5. A description of emergency response procedures, including notification procedures and evacuation plans in the event of a release.
6. Identification of transport routes and transportation methods used to transport extremely hazardous substances to and from the facility, if known.
7. Provisions for at
least an annual review of the plan and provisions to demonstrate the capability
to execute the plan on the request of the commission department.
Sec. 19. Repeal
Section 49-128, Arizona Revised Statutes, as amended by Laws 2015, chapter 208, section 27, is repealed.
Sec. 20. Section 26‑348, Arizona Revised Statutes, as amended by Laws 2011, chapter 36, section 1, and as renumbered by Laws 2015, chapter 208, section 12, as section 49-128, is amended to read:
49‑128. Emergency notification of reportable releases
A. If a reportable
release of an extremely hazardous substance listed under section 26‑346 49‑126 occurs from a facility at which a hazardous
chemical is produced, used or stored, the owner or operator of the facility,
except as excluded under 40 Code of Federal Regulations sections 355.31 and
355.32, in addition to any other notification required by law or rule, shall
immediately orally notify the community emergency coordinator for the local
emergency planning committee for any area likely to be affected by the
reportable release, and the commission, by notifying
the emergency response unit of the department of environmental quality and appropriate emergency
responders designated by rule of the commission department, in the manner
prescribed by rule of the commission department. Unless
impracticable under the circumstances, this oral notification shall occur
immediately after the facility emergency coordinator or his the
coordinator's designee has knowledge of the reportable release. The
notice of the reportable release shall include the following to the extent
known at the time of the notice and as long as no delay in responding to the
emergency results:
1. The specific location of the release.
2. The chemical name or identity of substances released and a description of the container or vessel from which the release occurred.
3. An estimate of the
quantity of substances which that were released into the
environment.
4. The time and duration of the release.
5. The medium or media into which the release occurred.
6. Any known or anticipated acute or chronic health risks associated with the release and, if within the informant's knowledge, advice regarding medical attention necessary for exposed individuals.
7. Proper precautions to take as a result of the release, including evacuation and other proposed response actions.
8. The name and telephone number of the person or persons to be contacted for further information.
B. Within thirty days
after the reportable release, the owner or operator of a facility where a
release occurred requiring notification pursuant to this section shall submit
to the local emergency planning committee and to the commission department
a written follow‑up emergency notice stating and updating the information
originally provided pursuant to subsection A of this section and including the
following additional information:
1. Actions taken to respond to and contain the release.
2. Any known or anticipated acute or chronic health risks associated with the release.
3. If appropriate, advice regarding medical attention necessary for exposed individuals.
4. Measures which
that have been or will be taken at the facility to avoid a reoccurrence
of similar releases.
C. After additional information becomes known, the owner or operator shall update the notice in writing within seven calendar days.
Sec. 21. Repeal
Section 49-129, Arizona Revised Statutes, as amended by Laws 2015, chapter 208, section 28, is repealed.
Sec. 22. Section 26‑349, Arizona Revised Statutes, as amended by Laws 1989, chapter 238, section 7, and as renumbered by Laws 2015, chapter 208, section 12, as section 49-129, is amended to read:
49‑129. Material safety data sheets
A. A person who owns or
operates a facility which that is required to prepare
or have available a material safety data sheet for a hazardous chemical under
the occupational safety and health act of 1970 (P.L. 91‑593; 84 Stat.
1590), and federal regulations adopted under that act, or under title 23,
chapter 2, article 10, and rules adopted under that article, shall submit to
the local emergency planning committee for the district in which the facility
is located, the commission department, and the fire
department with jurisdiction over the facility material safety data sheets or
lists of hazardous chemicals and any extremely hazardous substances stored,
handled or processed at the facility pursuant to minimum threshold levels
prescribed in title 40 Code of Federal
Regulations part 370 as well as comply with section 311 of title III and
regulations adopted under that act.
B. If a list of hazardous chemicals or extremely hazardous substances is submitted under this section, it shall include:
1. Information prescribed by section 311 of title III.
2. The chemical abstract service registry number applicable to each such chemical and substance, if available.
3. An indication of whether the owner elects to withhold information about the hazardous chemical or extremely hazardous substance from disclosure as a trade secret.
C. On request of a local
emergency planning committee, the commission
department or the
local fire department with jurisdiction over the facility, an owner or operator
of a facility who has submitted a list pursuant to this section shall also
submit the material safety data sheet for any chemical on the list to the
requesting agency. On request by any person, the local emergency
planning committee may make available a material safety data sheet to the
person or transmit the request to the commission
department, which
shall make the material safety data sheet available, subject to the trade
secret provisions and regulations adopted under title III. If the
committee or commission department does not have the
requested material safety data sheet, the committee or commission department shall request the sheet from the facility owner or
operator. The facility owner or operator shall make the sheet
available within thirty days after receiving the request to the committee or commission department and the committee or commission
department shall make
the sheet available to the requesting person subject to the trade secret
provisions and regulations adopted under title III.
D. Within three months
after discovery by an owner or operator of a facility of significant new
information concerning an aspect of a hazardous chemical for which a list or
material safety data sheet was submitted, or within three months after a
facility obtains a new hazardous chemical subject to the reporting requirements
of this section, the owner or operator shall update and submit a revised list
or material safety data sheet to the local emergency planning committee, the commission department and the fire department with jurisdiction over the
facility.
Sec. 23. Repeal
Section 49-130, Arizona Revised Statutes, as amended by Laws 2015, chapter 208, section 29, is repealed.
Sec. 24. Section 26‑350, Arizona Revised Statutes, as amended by Laws 2002, chapter 138, section 1, and as renumbered by Laws 2015, chapter 208, section 12, as section 49-130, is amended to read:
49‑130. Emergency and hazardous chemical inventory forms
A. A person who owns or
operates a facility which that is required to prepare
or have available a material safety data sheet for a hazardous chemical under
the occupational safety and health act of 1970 (P.L. 91‑593; 84 Stat.
1590) and federal regulations adopted under that act or which that
has to provide a material safety data sheet or listing under this
article shall either file electronically as prescribed by subsection D of this section or submit to
the local emergency planning committee for the district in which the facility
is located, the commission department and the fire
department with jurisdiction over the facility an emergency and hazardous
chemical inventory form pursuant to section 312 of title III as well as comply
with section 312 of title III and regulations adopted under that act, except
that the tier II emergency and hazardous chemical inventory form shall be the
required form to comply with section 312 of title III effective with inventory
forms due on or after March 1, 1991.
B. The tier II inventory form shall contain the following information:
1. The chemical name or the common name of the chemical as provided on the material safety data sheet and the CAS number.
2. An estimate, in ranges, of the maximum amount of the hazardous chemical present at the facility at any time during the preceding year.
3. An estimate, in ranges, of the average daily amount of the hazardous chemical present at the facility during the preceding year.
4. A brief description of the manner of storage of the hazardous chemical.
5. The location of the hazardous chemical at the facility.
6. An indication of whether the owner elects to withhold location information or other information about a specific hazardous chemical from disclosure to the public as a trade secret.
7. The fire department or district with jurisdiction for the facility, including a notation of whether the facility is located on Indian lands.
C. An owner or operator
of a facility subject to this section shall submit the information required by
this section on the inventory form provided by the commission department. The tier II
inventory form provided by the commission
department shall be
available in electronic and paper formats and shall be based on and contain at
least the information required by the federal forms as prescribed by 40 Code of
Federal Regulations section 370.41. The commission
department shall
identify on its tier II inventory form each item that is required to be
reported by 40 Code of Federal Regulations section 370.41. The commission department shall provide notice on the form that the
provision of the information items not required by 40 Code of Federal
Regulations section 370.41 is optional.
D. Facilities that are
subject to reporting under this article may file reports electronically at an
internet web site website that is designated by the Arizona emergency response commission department. A facility
that files electronically pursuant to this subsection is deemed to have
complied with the reporting requirements of the commission
department and with
the requirements of title III. Local emergency planning committees, fire
departments and fire districts
also may accept electronic reporting if they have agreed to do so in a written
agreement with the commission department that provides for
the electronic filing and sharing of reports. The commission
department shall
publish on the commission's web site department's website a
listing of local emergency planning committees, fire departments and fire
districts that have agreed to accept electronic reporting to assist facilities
in determining submission requirements.
E. On certifying an
electronic submittal pursuant to subsection D of this section, the facility is deemed to
have complied with the original signature requirements of section 312 of title
III. The commission department and the facility
shall each maintain tracking information for the submittal for purposes of
confirmation.
F. Information that is collected pursuant to this section shall be made available to the public pursuant to 40 Code of Federal Regulations part 370, subpart C, except for confidential information.
G. For purposes of this section, tier II forms are the forms established under 40 Code of Federal Regulations part 370.
Sec. 25. Repeal
Section 49-131, Arizona Revised Statutes, as amended by Laws 2015, chapter 208, section 30, is repealed.
Sec. 26. Section 26‑351, Arizona Revised Statutes, as amended by Laws 1989, chapter 238, section 9, and as renumbered by Laws 2015, chapter 208, section 12, as section 49-131, is amended to read:
49‑131. Toxic chemical release forms; definitions
A. In order to implement
section 313 of title III,
the owner or operator of a facility subject to the requirements of this section
and section 313 of title III and regulations adopted under that act shall
complete a toxic chemical release form as supplied by the administrator,
pursuant to section 313(g) of title III, or as supplied by the commission department, for each toxic chemical listed in the Code of
Federal Regulations by the administrator pursuant to section 313(c) of title
III that was manufactured, processed or otherwise used in quantities exceeding
the toxic chemical threshold quantity established by subsection E of this
section during the preceding calendar year at that facility. The
form shall be submitted to the administrator and to the commission department on or before July 1 of each year and shall contain
data reflecting releases in excess of the quantity of that toxic chemical
established under subsection E of this section during the preceding calendar
year.
B. The requirements of
this section apply to owners and operators of facilities that have ten or more
full‑time employees and that are in standard industrial classification
codes 20 through 39 in effect on July 1, 1987 as prepared by the statistical
policy division of the United States office of management and budget, office of
the president and that manufactured, processed or otherwise used a toxic
chemical listed in title 40 Code of
Federal Regulations part 372 pursuant to section 313(c) and (d) of title III in
excess of the quantity of that toxic chemical established under subsection E of
this section during the calendar year for which the release form is required
under this section.
C. The director of environmental quality as the representative of
the governor pursuant to this section department may request the administrator to
apply the requirements of this section to the owners and operators of any
particular facility that manufactures, processes or otherwise uses a toxic
chemical listed pursuant to section 313(c) of title III if the administrator
determines that such action is warranted on the basis of toxicity of the toxic
chemical, the proximity to other facilities that release the toxic chemical or
to population centers, the history of releases of the chemical at the facility
or such other factors as the administrator deems appropriate.
D. The toxic chemicals
subject to the requirements of this section are those chemicals listed in title 40 Code of Federal Regulations by the
administrator pursuant to section 313(c) of title III, including any revised
version of the list as may be made pursuant to section 313(d) or (e) of
title III. The director of
environmental quality as the representative of the governor department, pursuant to
section 313(e)(2) of title III, may petition the administrator to add a
chemical to or delete a chemical from the list identified in this section.
E. The threshold amounts for purposes of reporting toxic chemicals under this section are:
1. With respect to a toxic chemical used at a facility, ten thousand pounds of the toxic chemical for the applicable calendar year.
2. With respect to a toxic chemical manufactured or processed at a facility:
(a) For the toxic chemical release form required to be submitted under this section on or before July 1, 1988, seventy‑five thousand pounds of the toxic chemical per year.
(b) For the toxic chemical release form required to be submitted under this section on or before July 1, 1989, fifty thousand pounds of the toxic chemical per year.
(c) For the toxic chemical release form required to be submitted under this section on or before July 1, 1990 and for each year thereafter, twenty‑five thousand pounds of the toxic chemical per year.
F. The threshold amounts for purposes of reporting toxic chemicals under this section shall be adjusted pursuant to revisions by the administrator.
G. Owners and operators
of facilities subject to the requirements of this section shall provide the
information required under this section on a uniform toxic chemical release
form published by the administrator or on a uniform toxic chemical release form
published by the director of environmental quality department. The
form shall:
1. Provide for the name and location of and principal business activities at the facility.
2. Include an appropriate certification, signed by a senior official with management responsibility for the person or persons completing the form, regarding the accuracy or completeness of the report.
3. Provide for the following information for each listed toxic chemical known to be present at the facility:
(a) Whether the toxic chemical at the facility is manufactured, processed or otherwise used, and the general category or categories of use of the chemical.
(b) An estimate of the maximum amount in ranges of the toxic chemical present at the facility at any time during the preceding calendar year.
(c) For each wastestream, the waste treatment or disposal methods employed and an estimate of the treatment efficiency typically achieved by such methods for that wastestream.
(d) The annual quantity of the toxic chemical entering each environmental medium.
H. The release forms required under this section are intended to provide information to the federal, state and local governments and to the public, including citizens of communities surrounding facilities covered by this section. The release form shall be available consistent with the trade secret provisions of title III to inform persons about releases of toxic chemicals to the environment, to assist governmental agencies, researchers and other persons in conducting research and data gathering, to aid in developing appropriate rules and regulations, guidelines and standards and for similar purposes.
I. For purposes of this section:
1. "Administrator" means the administrator of the United States environmental protection agency.
2. "Manufacture" means to produce, prepare, import or compound a toxic chemical.
3. "Process" means the preparation of a toxic chemical after its manufacture for distribution in commerce either:
(a) In the same form or physical state as, or in a different form or physical state from, that in which it was received by the person so preparing the chemical.
(b) As part of an article containing the toxic chemical.
Sec. 27. Repeal
Section 49-132, Arizona Revised Statutes, as amended by Laws 2015, chapter 208, section 31, is repealed.
Sec. 28. Section 26‑352, Arizona Revised Statutes, as amended by Laws 1991, chapter 315, section 4, and as renumbered by Laws 2015, chapter 208, section 12, as section 49-132, is amended to read:
49‑132. Emergency response fund
The emergency response fund is
established consisting of monies appropriated by the legislature for purposes
of section 26‑305.02 and this
article and federal, private and other monies available for that purpose. The chairman of the commission department shall manage the fund and
expend monies in the fund in performing the functions required or authorized by
this article. All interest earned from investing monies in the fund
shall be credited to the fund. Monies in the fund are subject to
legislative appropriation and are exempt from section 35‑190 relating to
lapsing of appropriations.
Sec. 29. Repeal
Laws 2015, chapter 208, section 35 is repealed.
Sec. 30. Transfer of monies
All unexpended and unencumbered monies remaining in the national guard relief fund established by section 26-183, Arizona Revised Statutes, are transferred to the department of veterans' services. Using the rules or policies for grants adopted pursuant to section 41-608, Arizona Revised Statutes, the department of veterans' services shall distribute the monies transferred pursuant to this section to a nonprofit organization that provides financial assistance to Arizona national guard members and their families.
Sec. 31. Retroactive application
A. Sections 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29 and 30 of this act apply retroactively to from and after July 2, 2015.
B. Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13 of this act apply retroactively to from and after June 30, 2016.
Sec. 32. Effective date
Section 14 of this act is effective from and after December 31, 2017.
APPROVED BY THE GOVERNOR MAY 17, 2016.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 18, 2016.
