Agriculture Environment and Water
55th Legislature - 1st Regular Session, 2021 Sunday, Jan 23 2022 6:13 AM
Bill Summaries
H2026: NUCLEAR EMERGENCY MANAGEMENT; APPROPRIATIONS; ASSESSMENTS

Assesses $2.21 million in FY2021-22 and $2.27 million in FY2022-23, plus any applicable interest, against each consortium of public service corporations and municipal corporations engaged in constructing or operating a commercial nuclear generating station in Arizona. Appropriates $2.21 million in FY2021-22 and $2.27 million in FY2022-23 from the Nuclear Emergency Management Fund to the Division of Emergency Management of the Department of Emergency and Military Affairs and the Arizona Department of Agriculture in specified amounts and for specified purposes, including for distribution to departments and agencies of Maricopa County and the Town of Buckeye that are assigned responsibilities under the off-site nuclear emergency response plan. Emergency clause. AS SIGNED BY GOVERNOR

First sponsor: Rep. Kavanagh ( - Dist )


 

General Comments (all lists):

AEW 1/20/21: Support

PA 1-29-21: Approved SUPPORT

H2026: NUCLEAR EMERGENCY MANAGEMENT; APPROPRIATIONS; ASSESSMENTS 3/23 signed by governor; Chap. 71, Laws 2021. message
H2035: PARENTAL RIGHTS; SEX EDUCATION INSTRUCTION (APPROPRIATION; ARIZONA WATER PROTECTION FUND)

Numerous changes to statutes relating to sex education in public schools. School districts and charter schools are prohibited from providing sex education instruction before the 5th grade. Schools are required to obtain signed, written consent from a student’s parent or guardian before providing sex education instruction to the student. At the same time as seeking consent, the school is required to inform the parent or guardian of the right to review the instructional materials and activities. School districts and charter schools are required to make the sex education curricula available for parents to review online and in person. Before a school district or charter school offers sex education instruction, the school district governing board or charter school governing body is required to review and approve the sex education course of study and ensure compliance with statute. Before approving any sex education course of study, the course must be available for review and public comment for at least 60 days and the school board must conduct at least two public hearings. Does not prohibit age and grade appropriate classroom instruction regarding child assault awareness and abuse prevention. By December 15, 2021, each school district and charter school that offers any sex education instruction is required to review its course of study and revise it to comply with this legislation. AS SIGNED BY GOVERNOR

First sponsor: Rep. Griffin ( - Dist )


 

General Comments (all lists):

AEW 1/20/21: Support

PA 1-29-21: Approved SUPPORT\

Striker: parentla rights, sex ed- no longer takign a positions

H2035: PARENTAL RIGHTS; SEX EDUCATION INSTRUCTION 7/9 signed by governor. Chap. 415, Laws 2021. message
H2041: GROUNDWATER REPLENISHMENT RESERVES

Modifies the calculation for groundwater replenishment reserve targets for active management areas within a multi-county water conservation district. AS SIGNED BY GOVERNOR

First sponsor: Rep. Griffin ( - Dist )


 

General Comments (all lists):

AEW 1/20/21: Support

PA 1-29-21: Approved SUPPORT

Mirror 1446

H2041: GROUNDWATER REPLENISHMENT RESERVES 2/18 signed by governor. Chap. 21, Laws 2021. message
H2042: AQUIFER PROTECTION PERMITS; INJECTION WELLS

A class V well is no longer exempt from the underground injection control permit program if the well has an aquifer protection permit that satisfies federal underground injection control requirements for a class V well. Except for class V wells operating under underground injection control permit program rules or specified federal code, any underground injection well covered by an underground injection control permit is exempt from aquifer protection permit requirements. If a notice of appeal of a permit issued under the Arizona Pollutant Discharge Elimination System Program is filed with the Water Quality Appeals Board, those permit provisions that are being contested and those that cannot be severed from the contested provisions are automatically stayed while the appeal is pending before the Board, instead of while the appeal is pending, including during any court proceedings. AS SIGNED BY GOVERNOR

First sponsor: Rep. Griffin ( - Dist )


 

General Comments (all lists):

AEW 1/20/21: Support

PA 1-29-21: Approved SUPPORT

Mirror 1364

H2042: AQUIFER PROTECTION PERMITS; INJECTION WELLS 2/24 signed by governor. Chap. 32, Laws 2021. message
H2043: UNDERGROUND STORAGE TANKS; PERFORMANCE STANDARDS

A person is prohibited from installing an underground storage tank (UST) or a new piping component that is 50 percent or more of the total linear footage of all connected piping of the UST, unless the UST or all connected piping meets the secondary containment performance standards for new UST systems, the release detection requirements for hazardous substance UST systems, and the interstitial monitoring requirements prescribed in specified federal code as in effect on January 1, 2020. An owner or operator who installs or replaces a dispenser system that connects to a UST is required to install an under-dispenser containment that meets the performance standards for new UST systems prescribed in specified federal code as in effect on January 1, 2020. AS SIGNED BY GOVERNOR

First sponsor: Rep. Griffin ( - Dist )


 

General Comments (all lists):

AEW 1/20/21: monitor

H2043: UNDERGROUND STORAGE TANKS; PERFORMANCE STANDARDS 2/26 signed by governor. Chap. 37, Laws 2021. message
H2049: EMINENT DOMAIN; EXISTING CONTRACTS

If a municipality exercises the right of eminent domain to acquire a public utility business or enterprise, the municipality is required to assume all existing assets and contractual obligations directly associated with providing current and future "utility service" (defined) in the certificate of convenience and necessity that is being condemned unless all parties to the contractual obligations agree otherwise. The municipality has no obligation to provide utility service if the contractual obligation was executed on or after the date of the notice that is provided pursuant to eminent domain statutes. AS PASSED HOUSE.

First sponsor: Rep. Weninger ( - Dist )


 

General Comments (all lists):

Last year, PA Supported

LRR 1/19/21: support

AEW 1/20/21: Support

PA 1-29-21: Approved SUPPORT

H2049: EMINENT DOMAIN; EXISTING CONTRACTS 5/24 Senate COW approved with amend #4797 and flr amend #5145. FAILED Senate 12-18.
H2056: WATER CONSERVATION NOTICE; NO FORFEITURE

Beginning on the effective date of this legislation, a person who is entitled to the use of water is authorized to file with the Department of Water Resources a water conservation plan notice. Information that must be included in the notice is listed. On filing a water conservation plan notice, the conservation of water pursuant to the plan does not constitute abandonment or forfeiture of the water conserved. A person cannot accrue long-term storage credits for any water that is conserved in a water conservation plan notice. A water conservation plan is required to designate a duration of up to 10 years, and the person filing the notice may file a subsequent notice for one or more periods of up to 10 years. Contains a legislative intent section stating that the Legislature intends that this act apply prospectively only. AS SIGNED BY GOVERNOR

First sponsor: Rep. Griffin ( - Dist )


 

General Comments (all lists):

AEW 1/20/21: Support

PA 1-29-21: Approved SUPPORT

Mirror 1368

H2056: WATER CONSERVATION NOTICE; NO FORFEITURE 2/18 signed by governmor. Chap. 22, Laws 2021. message
H2074: WATER BANKING; STORAGE CREDITS; SUBCONTRACTORS

The Arizona Water Banking Authority is authorized to distribute long-term water storage credits to Central Arizona Water Conservation District's (CAWCD) municipal and industrial subcontractors. Long-term water storage credits that are distributed to a CAWCD municipal and industrial subcontractor cannot be sold, and the subcontractor is responsible for all fees assessed by the Authority or the Department of Water Resources for the distribution of the long-term storage credits and all costs of recovery of the long-term storage credits.

First sponsor: Rep. Pratt ( - Dist )


 

General Comments (all lists):

AEW 1/20/21: Support

PA 1-29-21: Approved SUPPORT

Mirror 1147

H2074: WATER BANKING; STORAGE CREDITS; SUBCONTRACTORS 1/14 referred to House nat res-energy-water.
H2079: CONSERVATION DISTRICTS; WATER; INVASIVE VEGETATION

The powers of natural resource conservation districts are expanded to include conducting surveys, investigations and research relating to eradicating invasive vegetation, creating and administering a soil health program, and increasing public awareness of water conservation and soil health practices statewide. Modifies the requirements to qualify for the individual income tax credit for purchasing and installing an agricultural water conservation system to allow the expense to be consistent with a conservation plan the taxpayer filed with a natural resources conservation service or a natural resource conservation district in Arizona. AS SIGNED BY GOVERNOR

First sponsor: Rep. Dunn ( - Dist )


 

General Comments (all lists):

AEW 1/20/21: Monitor

H2079: CONSERVATION DISTRICTS; WATER; INVASIVE VEGETATION 4/9 signed by governor. Chap. 190, Laws 2021. message
H2081: ARIZONA DEPARTMENT OF AGRICULTURE; CONTINUATION

The statutory life of the Arizona Department Of Agriculture is extended eight years to July 1, 2029. Retroactive to July 1, 2021. AS SIGNED BY GOVERNOR

First sponsor: Rep. Dunn ( - Dist )


 

General Comments (all lists):

AEW 1/20/21: Support

PA 1-29-21: Approved SUPPORT

Mirror 1448

H2081: ARIZONA DEPARTMENT OF AGRICULTURE; CONTINUATION 3/23 signed by governor; Chap. 75, Laws 2021. message
H2153: RENEWABLE ENERGY STORAGE EQUIPMENT; VALUATION

For property tax purposes, the reduced valuation of renewable energy equipment of 20 percent of the depreciated cost of the equipment is expanded to include renewable "energy storage" (defined) equipment. For the purpose of the valuation of energy storage equipment, all energy storage equipment, both colocated with renewable energy and stand-alone energy storage equipment, qualifies for the valuation. The list of deductions from the retail classification of transaction privilege and use taxes is expanded to include “machinery and equipment used directly” for "energy storage" (both defined) for later electrical use. The list of items that municipalities and special taxing districts are prohibited from levying a transaction privilege or other similar tax on is expanded to include the gross proceeds from sales or gross income derived from sales of machinery and equipment used directly for energy storage for later electrical use. County or municipal renewable energy incentive districts are expanded to include renewable energy storage equipment. AS SIGNED BY GOVERNOR

First sponsor: Rep. Dunn ( - Dist )
Others: Rep. Cobb (R - Dist 5), Rep. Cook (R - Dist 8)


 

General Comments (all lists):

Supported at PA last year

AEW 1/20/21: Monitor

H2153: RENEWABLE ENERGY STORAGE EQUIPMENT; VALUATION 7/9 signed by governor. Chap. 417, Laws 2021. message
H2239: ASSURED WATER SUPPLY; AVAILABILTY; PLATS

For an application to modify or renew a designation of assured water supply in the Pinal Active Management Area, the Department of Water Resources is prohibited from reviewing the physical availability of groundwater that was determined to be physically available under the previous designation. The following are deemed physically available for purposes of an assured water supply designation: stored water that is to be recovered by the applicant within the "area of impact" (defined) on an annual basis or under long-term storage credits pledged to the designation, and physically available water that will be stored within the area of impact on an annual basis or as long-term storage credits in the future. For the purposes of statute governing an assignment of a certificate of assured water supply, and for a holder of a certificate of assured water supply for a platted subdivision, an increase in the total number of housing units does not constitute a material change in the subdivision plat, plan or map. Contains a legislative intent section.

First sponsor: Rep. Cook ( - Dist )
Others: Rep. Fillmore (R - Dist 16), Rep. Finchem (R - Dist 11), Rep. Griffin (R - Dist 14), Rep. Parker (R - Dist 16), Rep. Pratt (R - Dist 8), Rep. Roberts (R - Dist 11)


 

General Comments (all lists):

AEW 1/20/21: Monitor

H2239: ASSURED WATER SUPPLY; AVAILABILTY; PLATS 1/20 referred to House nat res-energy-water.
H2247: DCS; INFORMATION MANAGEMENT SYSTEM (FOREST PRODUCTS; PROCESSING; TAX CREDIT)

The Department of Child Safety (DCS) is required to provide the Ombudsman-Citizen's Aide with direct remote access to any automated case management system used by DCS. DCS is required to provide information through an automated information exchange to the Foster Care Review Board as necessary for the performance of the Board’s duties. DCS and the Administrative Office of the Courts are required to enter into a data sharing agreement to govern the parameters of the automated information exchange. AS SIGNED BY GOVERNOR

First sponsor: Rep. Griffin ( - Dist )


 

General Comments (all lists):

AEW 1/20/21: Support

PA 1-29-21: Approved SUPPORT

Mirror 1177/1602

H2247: DCS; INFORMATION MANAGEMENT SYSTEM 4/28 signed by governor. Chap. 291, Laws 2021. message
H2248: CORPORATION COMMISSION; ELECTRIC GENERATION RESOURCES

Declares it is the public policy of Arizona that public service corporations should pursue the use of "clean energy resources" (defined) and the reduction of carbon emissions, provided the mix of "critical electric generation resources" (defined) used by each public service corporation to meet its customers' needs is the "lowest cost method" (defined) of providing safe and reliable electricity services while taking specified factors into consideration. The clean energy and carbon emissions reduction policy of Arizona requires public service corporations to derive at least the following percentage of retail kilowatt sales from renewable energy resources by the following dates: 12percent by December 31, 2022, 13 percent by December 31, 2023, 14 percent by December 31, 2024, and 15 percent by December 31, 2025 and each year after. Does not apply to any policy, decision or rule adopted before June 30, 2020. Does not prohibit the Arizona Corporation Commission (ACC) from exercising its ratemaking or statutory authority over public service corporations. The ACC is authorized to adopt rules to ensure compliance with this legislation, and is prohibited from enforcing any policy or rule that increases or decreases the percentages of renewable energy resources specified by this legislation or that directly or indirectly regulates a public service corporation's "carbon emissions" (defined). Contains legislative findings. Retroactive to June 30, 2020. AS PASSED HOUSE.

First sponsor: Rep. Griffin ( - Dist )


 

General Comments (all lists):

AEW 1/20/21: Monitor

2-12 PA Oppose

H2248: CORPORATION COMMISSION; ELECTRIC GENERATION RESOURCES 4/1 from Senate appro do pass.
H2329: AIR QUALITY; OMNIBUS

Modifies the Area A and Area B vehicle emissions standards testing requirements for motor vehicles. The list of exemptions from vehicle emissions inspection requirements is expanded to include cranes and oversize vehicles that require permits, and vehicles that are not in use and that are owned by Arizona residents while on active military duty outside of Arizona. These provisions do not become effective unless on or before July 1, 2023 the U.S. Environmental Protection Agency approves the proposed modifications to the vehicle emissions testing program protocols as part of the State Implementation Plan for air quality. The Department of Environmental Quality (DEQ) is required to operate and administer a voluntary vehicle repair and retrofit program in areas that are subject to the vehicle emissions inspection program, instead of a county with a population of more than 400,000 persons being required to operate the program in that county. Retrofit program requirements are modified. DEQ is authorized to conduct research to quantify the effects of vehicular emissions, instead of being required to conduct research to quantify the effect of alternative fuels on toxic components of vehicular emissions. Also repeals the Voluntary Vehicle Repair and Retrofit Program Advisory Committee. AS SIGNED BY GOVERNOR

First sponsor: Rep. Toma ( - Dist )


 

General Comments (all lists):

AEW 1/20/21: Monitor

H2329: AIR QUALITY; OMNIBUS 2/18 signed by governmor. Chap. 27, Laws 2021. message
H2330: ENVIRONMENTAL QUALITY PROGRAMS; TERMINATIONS; REPEAL

Repeals the statutory termination dates of July 1, 2022 for the Vehicle Emissions Inspection Program and the Oil and Gas Conservation Commission. Retroactive to July 1, 2020, repeals the statutory termination dates of July 1, 2020 for the Voluntary Remediation Program and the article of statute governing total maximum daily loads. Retroactive to July 1, 2020, establishes the Water Monitoring Assistance Program in the Department of Environmental Quality in the same manner it existed in statute prior to being repealed on July 1, 2020. Emergency clause.

First sponsor: Rep. Griffin ( - Dist )


 

General Comments (all lists):

AEW 1/20/21: Support

PA 1-29-21: Approved SUPPORT

Mirror 1370

H2330: ENVIRONMENTAL QUALITY PROGRAMS; TERMINATIONS; REPEAL 3/24 withdrawn from Senate nat res-energy-water and further referred to Senate appro.
H2333: ENERGY; WATER; SAVINGS ACCOUNTS

The maximum length of a contract between a county or municipality and an energy or water services company to pay for the incremental cost of energy or water savings measures in facilities owned by the county or municipality is increased to 25 years, from 15 years. Other costs and revenue are included in the estimated impact to be achieved by a county or municipality through energy or water savings measures or services. Reports on school district contracts for guaranteed energy cost savings must be filed with the Department of Administration, instead of the Governor's Office of Energy Policy.

First sponsor: Rep. Pratt ( - Dist )


 

General Comments (all lists):

AEW 1/20/21: Monitor

H2333: ENERGY; WATER; SAVINGS ACCOUNTS 2/15 House add'l COW approved with flr amend #4247.
H2336: ASSURED WATER SUPPLY; SUBDIVISIONS

In the Pinal Active Management Area, for an application to modify or renew a designation of assured water supply, or for a new application for a designation for the same service area to be served by a substitute provider acquiring the assets of the prior provider, if specified conditions apply to the volume of groundwater and stored water, the Department of Water Resources (DWR) is prohibited from reviewing the physical availability of groundwater that was determined to be physically available under the previous designation. Does not affect the DWR review of assured water supply criteria other than the physical availability of groundwater and stored water to be recovered outside the area of impact of storage. The following are deemed physically available for purposes of an assured water supply designation: stored water that is to be recovered by the applicant within the "area of impact" (defined) under long-term storage credits pledged to the designation, and stored water that is to be recovered by the applicant within the area of impact of storage either on an annual basis or as long-term storage credits to be earned in the future if the water to be stored meets the physical availability requirements for the water supply. Contains a legislative intent section.

First sponsor: Rep. Pratt ( - Dist )


 

General Comments (all lists):

AEW 1/20/21: Support

PA 1-29-21: Approved SUPPORT

Mirror 1274

H2336: ASSURED WATER SUPPLY; SUBDIVISIONS 2/4 House COW approved with flr amend #4100 and #4101.
H2372: AGRICULTURAL OPERATIONS; NUISANCE; LIABILITY

Statute governing nuisance liability for agricultural operations is repealed and replaced. A nuisance action cannot be filed against an agricultural operation conducted on farmland unless a list of specified conditions apply. Establishes a rebuttable presumption that an agricultural operation conducted on farmland is not a public or private nuisance, which may be overcome by a preponderance of the evidence that the operation is violating applicable federal, state or local laws and regulations. Establishes requirements for the court to award costs, expenses, and/or compensatory damages in a nuisance action. The circumstances under which agricultural operations conducted on farmland may be regulated or considered to be a nuisance are a matter of statewide concern. This legislation supersedes any municipal ordinance that makes an agricultural operation conducted on farmland a nuisance or provides for an abatement of the agricultural operation as a nuisance, and any such ordinance is void and has no force or effect. Contains legislative findings.

First sponsor: Rep. Dunn ( - Dist )


 

General Comments (all lists):

2-8 AEW Support

2-12 PA Support

H2372: AGRICULTURAL OPERATIONS; NUISANCE; LIABILITY 2/23 retained on House COW calendar.
H2388: WATER SUPPLY DEVELOPMENT FUND; APPROPRIATION

The maximum amount for a single grant from the Water Supply Development Revolving Fund is increased to $250,000, from $100,000. The list of circumstances under which a water provider may qualify for monies in the Fund is expanded to include that the water provider is located in a county with a population of less than 1.5 million persons (all except Maricopa County). For the purpose of water infrastructure finance programs, the definitions of "water provider" and "water supply development" are modified. AS SIGNED BY GOVERNOR

First sponsor: Rep. Griffin ( - Dist )


 

General Comments (all lists):

2-8 AEW monitor

H2388: WATER SUPPLY DEVELOPMENT FUND; APPROPRIATION 4/20 signed by governor. Chap. 262, Laws 2021. message
H2441: WATER; SUBSTITUTE ACREAGE

A person who owns acres of land that may be irrigated lawfully is authorized to permanently retire those acres from irrigation and substitute for those acres the same number of acres in the same contiguous farming unit if the owner demonstrates to the Department of Water Resources that the legally irrigated acres were damaged by "floodwaters" after being irrigated and that it is not economically feasible to restore the flood damaged acres to irrigation use. A person who owns contiguous acres of land that may be irrigated lawfully is authorized to permanently retire a portion of those acres from irrigation and substitute for the retired acres the same number of acres within the same "farm unit" (defined) under common ownership, if all of a list of specified conditions apply, including that a "limiting condition" (defined) associated with the acres to be retired from irrigation substantially impedes the implementation of efficient irrigation practices on the legally irrigated acres. Does not affect the person's existing or vested rights to the use of water. AS SIGNED BY GOVERNOR

First sponsor: Rep. Griffin ( - Dist )


 

General Comments (all lists):

2-8 AEW Support

2-12 PA Support

H2441: WATER; SUBSTITUTE ACREAGE 3/23 signed by governor; Chap. 85, Laws 2021. message
H2456: COLORADO RIVER FOURTH PRIORITY WATER

A person with a claim for rights to use any amount of the fourth priority Colorado River water that is subject to the federal Boulder Canyon Project Act and that was allocated by the U.S. Bureau of Reclamation for agricultural, municipal and industrial uses for Colorado River communities is prohibited from transferring or otherwise conveying that claim for use of that water to any location or use other than an agricultural, municipal or industrial use in a Colorado River community.

First sponsor: Rep. Cobb ( - Dist )
Others: Rep. Biasiucci (R - Dist 5), Sen. Borrelli (R - Dist 5), Rep. Dunn (R - Dist 13), Rep. John (R - Dist 4), Rep. Osborne (R - Dist 13)


 

General Comments (all lists):

2-8 AEW monitor

H2456: COLORADO RIVER FOURTH PRIORITY WATER 2/3 referred to House nat res-energy-water.
H2576: WATER RIGHTS; GENERAL ADJUDICATIONS; FUNDING

Establishes the General Adjudication Personnel and Support Fund, to be administered by the Supreme Court. Monies in the Fund must be used by both the Supreme Court and the Department of Water Resources for full-time personnel and other support equipment and services related to general water rights adjudication. For FY2020-21, FY2021-22 and FY2022-23, before any monies are spent from the Fund, the Joint Legislative Budget Committee is required to review the expenditure plan for the fiscal year in which the monies are to be spent. Appropriates the following amounts from the general fund in FY2021-22 to the Fund for the following purposes: $147,610 for two full-time paralegals for the Special Water Master, $109,710 for a full-time law clerk for the Special Water Master, $133,920 to expand the court's electronic case management system, and $2 million for the purposes of the Fund.

First sponsor: Rep. Griffin ( - Dist )
Others: Rep. Bowers (R - Dist 25)


 

General Comments (all lists):

2-8 AEW Support

2-12 PA Support

H2576: WATER RIGHTS; GENERAL ADJUDICATIONS; FUNDING 2/17 from House nat res-energy-water do pass.
H2577: APPROPRIATION; WATER SUPPLY STUDY

Appropriates $5 million from the general fund in FY2021-22 to the Department of Water Resources to study potential sources of water for use in Arizona. AS PASSED HOUSE

First sponsor: Rep. Griffin ( - Dist )
Others: Rep. Bowers (R - Dist 25)


 

General Comments (all lists):

2-8 AEW monitor

H2577: APPROPRIATION; WATER SUPPLY STUDY 3/10 from Senate appro do pass.
H2580: ENVIRONMENTAL QUALITY OMNIBUS

Numerous changes to statutes relating to environmental regulations. Modifies the rules the Department of Environmental Quality is required to adopt to designate attainment areas for national ambient air quality standards. Repeals the article of statute governing hazardous waster disposal at state sites. Repeals statute governing the use of recycled newsprint as part of the Arizona Recycling Program. Repeals the roadside testing program for diesel vehicles. Repeals various committees, programs and requirements that are past the statutory termination date or are no longer applicable. AS SIGNED BY GOVERNOR

First sponsor: Rep. Griffin ( - Dist )


 

General Comments (all lists):

2-8 AEW monitor

H2580: ENVIRONMENTAL QUALITY OMNIBUS 3/23 signed by governor; Chap. 88, Laws 2021. message
H2594: LAW CLINIC; STREAM ADJUDICATIONS; APPROPRIATION

A university under the jurisdiction of the Arizona Board of Regents is authorized to offer pro bono assistance to claimants in the general stream adjudication of water rights who are not represented by counsel and whose adjusted gross income for any of the preceding three years is less than 500 percent of the federal poverty guidelines. Any university that offers such assistance is required to cooperate and coordinate with the faculty of a cooperative extension in Arizona that has a program to support the economic vitality of rural communities and the use of natural resources in those communities. By November 15 of each year, a university that offers such assistance is required to submit a written report of assistance activities to the Governor and the Legislature. Appropriates $500,000 from the general fund in FY2021-22 to the University of Arizona to establish an adjudication law clinic to assist claimants in the general stream adjudication of water rights.

First sponsor: Rep. Bowers ( - Dist )


 

General Comments (all lists):

2-8 AEW monitor

H2594: LAW CLINIC; STREAM ADJUDICATIONS; APPROPRIATION 2/2 referred to House nat res-energy-water, appro.
H2595: SUBSEQUENT IRRIGATION NON-EXPANSION AREAS; PROCEDURES

The circumstances that must exist for the Director of the Department of Water Resources to designate an area that is not included in an active management area as a subsequent irrigation non-expansion area are modified to include that there is insufficient groundwater to provide a "reasonably safe supply for irrigation" (defined) of the cultivated lands in the area at the reasonable projected rates of withdrawal, instead of at the current rates of withdrawal. In making the determination, the Director is allowed to consider credible evidence that indicates likely future changes to rates of withdrawal. Also modifies the procedure for the designation of a subsequent irrigation non-expansion area initiated by petition.

First sponsor: Rep. Cobb ( - Dist )


 

General Comments (all lists):

2-8 AEW monitor

H2595: SUBSEQUENT IRRIGATION NON-EXPANSION AREAS; PROCEDURES 2/3 referred to House nat res-energy-water.
H2614: REMEDIATED WATER; GROUNDWATER; USE

If groundwater is withdrawn within an active management area (AMA) and is not reinjected into the aquifer, the groundwater is required to be put to reasonable and beneficial use within the same AMA, either for the use of the municipality or private water company in whose service area the groundwater is withdrawn, or used according to a grandfathered right. A person who receives groundwater from a person withdrawing groundwater as part of a remedial action is not required to pay for the groundwater or the costs associated with the remedial action, unless otherwise responsible for the cost of remedial action, and the person must use the groundwater only according to specified sections of the Groundwater Code. Session law requiring the Department of Water Resources (DWR) to include in its management plans provisions to encourage the beneficial use of groundwater that is withdrawn under approved remedial action projects is made permanent. A declaration that the use of up to an aggregate of 65,000 acre-feet of groundwater withdrawn within all AMAs according to approved remedial action projects must be considered consistent with the management goal for the AMA, and providing for specified amounts in excess of that aggregate limit to be included in the consideration which session law applied to each calendar year until 2025, is moved to permanent law and applies to each calendar year until 2050. By January 1, 2025, the Director of DWR is required to amend assured water supply rules to carry out the purposes of this legislation. Before the amendment of these rules, the Director is required to treat any groundwater withdrawn pursuant to an approved remedial action project as consistent with the management goal as provided in this legislation.

First sponsor: Rep. Osborne ( - Dist )
Others: Rep. Blackman (R - Dist 6), Rep. Bowers (R - Dist 25), Rep. Cobb (R - Dist 5)


 

General Comments (all lists):

2-8 AEW Support

2-12 PA Support

H2614: REMEDIATED WATER; GROUNDWATER; USE 1/28 referred to House nat res-energy-water.
H2670: UNDERGROUND STORAGE TANKS; TAX EXTENSION

The excise tax on the operation of underground storage tanks measured by the quantity of regulated substances placed in the tank at a rate of one cent per gallon is extended seven years, through December 31, 2030.

First sponsor: Rep. John ( - Dist )
Others: Rep. Bowers (R - Dist 25)


 

General Comments (all lists):

2-8 AEW monitor

H2670: UNDERGROUND STORAGE TANKS; TAX EXTENSION 3/24 from House nat res-energy-water do pass.
H2671: UNDERGROUND STORAGE TANKS; REVISIONS (TECH CORRECTION; UNDERGROUND STORAGE; CLOSURE)

Numerous changes to the underground storage tank (UST) program. Repeals the termination date of January 1, 2024 for the UST excise tax. The excise tax and the programs it supports must be reviewed at the same time as the legislative review of the Arizona Department of Environmental Quality (ADEQ). Beginning January 1, 2033, extended ten years from January 1, 2023, only those releases of a regulated substance that are reported before January 1, 2033 are eligible for corrective action cost reimbursements from the UST Revolving Fund. Statute governing noncorrective actions during the baseline period apply through January 1, 2033. Modifies ADEQ lien rights for unrecovered corrective action costs, and allows ADEQ to forgo a lien on the property when the ADEQ Director orders corrective actions that are necessary to protect human health, safety or the environment. A person is prohibited from installing a UST or a new piping component that is 50 percent or more of the total linear footage of all connected piping of the UST, unless the UST or all connected piping meets the secondary containment performance standards for new UST systems, the release detection requirements for hazardous substance UST systems, and the interstitial monitoring requirements prescribed in specified federal code as in effect on January 1, 2020. An owner or operator who installs or replaces a dispenser system that connects to a UST is required to install an under-dispenser containment that meets the performance standards for new UST systems prescribed in specified federal code as in effect on January 1, 2020. Session law establishes a process for previously ineligible UST Revolving Fund claims to apply for partial reimbursement from the Fund. More. AS SIGNED BY GOVERNOR

First sponsor: Rep. John ( - Dist )
Others: Rep. Bowers (R - Dist 25)


 
H2671: UNDERGROUND STORAGE TANKS; REVISIONS 7/10 signed by governor. Chap. 440, Laws 2021. message
H2677: AGRICULTURAL MANAGEMENT PRACTICES; GENERAL PERMIT

Fugitive PM-10 emissions from regulated agricultural activities that are subject to an agricultural general permit are not subject to an air pollution control permit, except that if the fugitive PM-10 emissions are from regulated agricultural activities at a stationary source that is otherwise required to obtain an air pollution control permit, the air pollution control permit must ensure compliance with federal, state and county regulations approved as a part of the state implementation plan. A person for whom an agricultural general permit has been revoked is required to obtain an air pollution control permit that includes enforceable conditions that impose best management practices on fugitive PM-10 emissions from regulated agricultural activities. AS SIGNED BY GOVERNOR

First sponsor: Rep. Griffin ( - Dist )


 

General Comments (all lists):

2-8 AEW Support

2-12 PA Support

H2677: AGRICULTURAL MANAGEMENT PRACTICES; GENERAL PERMIT 3/26 signed by governor; Chap. 134, Laws 2021. message
H2678: ASSURED WATER SUPPLY; SUBDIVISIONS

In the Pinal Active Management Area, for an application to modify or renew a designation of assured water supply, or for a new application for a designation for the same service area to be served by a substitute provider acquiring the assets of the prior provider, if specified conditions apply to the volume of groundwater and stored water, the Department of Water Resources (DWR) is prohibited from reviewing the physical availability of groundwater that was determined to be physically available under the previous designation. Does not affect the DWR review of assured water supply criteria other than the physical availability of groundwater and stored water to be recovered outside the area of impact of storage. The following are deemed physically available for purposes of an assured water supply designation: stored water that is to be recovered by the applicant within the "area of impact" (defined) under long-term storage credits pledged to the designation, and stored water that is to be recovered by the applicant within the area of impact of storage either on an annual basis or as long-term storage credits to be earned in the future if the water to be stored meets the physical availability requirements for the water supply. Contains a legislative intent section.

First sponsor: Rep. Griffin ( - Dist )


 

General Comments (all lists):

2-8 AEW monitor

PA SUPPORT

H2678: ASSURED WATER SUPPLY; SUBDIVISIONS 5/24 referred to House rules only.
H2679: WATER; RURAL MANAGEMENT AREAS

A county board of supervisors in a county outside of an active management area may designate by resolution one or more groundwater basins or subbasins in the county as a rural management area if the board finds that one or more of a list of specified conditions exist. A process for the board to adopt the resolution is established, including public notice, public meetings and a majority vote. The resolution is required to provide for the formation of a 5-member rural management area advisory council to establish management goals for the rural management area and identify best management practices to achieve the goals. The advisory council is required to submit a proposed management plan to the Department of Water Resources (DWR), and DWR is required to take action on the plan within 30 days after receipt. On approval by DWR, the plan applies in the rural management area.

First sponsor: Rep. Cobb ( - Dist )


 

General Comments (all lists):

2-8 AEW monitor

H2679: WATER; RURAL MANAGEMENT AREAS 2/3 referred to House nat res-energy-water.
H2691: ADEQ; WATER QUALITY PROGRAMS; WOTUS (TECH CORRECTION; GROUNDWATER PERMITS)

The term “waters of the United States” or “WOTUS” replaces the term “navigable water” in various statutes in order to conform to changes in the federal Clean Water Act. The Arizona Department of Environmental Quality (ADEQ) is required to adopt rules for water quality standards for non-WOTUS protected surface waters by December 31, 2022, and requirements for the rules are specified. ADEQ is required to maintain and publish a protected surface waters list, and to adopt the list by rule no later than December 31, 2022. Waters that ADEQ must include and waters that ADEQ is prohibited from including on the protected surface waters list are specified. By December 31, 2022 and at least once every five years after, ADEQ is required to prepare a list of impaired non-WOTUS protected surface waters. Establishes special provisions for discharges to non-WOTUS protected surface waters. Requires ADEQ to adopt rules for best management practices for activities within non-WOTUS. AS SIGNED BY GOVERNOR

First sponsor: Rep. Griffin ( - Dist )


 

General Comments (all lists):

Striker - DEQ Water Quality Programs

2-8 AEW Support striker

2-12 PA Support

H2691: ADEQ; WATER QUALITY PROGRAMS; WOTUS 5/5 signed by governor. Chap. 325, Laws 2021. message
H2702: FEDERAL GOVERNMENT; LAND ACQUISITION; CONSENT

The consent of the state of Arizona to the acquisition, sale, gift or grant or any other transfer of an ownership interest in any privately owned real property within Arizona that is not in possession of any federal agency as of the effective date of this legislation, and that would remove the real property from state, county and municipal property tax rolls is prohibited from being given without the express, affirmative consent of the Legislature and the Governor through the signing of a joint resolution. On the opening of escrow for the sale of private real property to the federal government or a federal agency, the escrow agent or property owner is required to notify the Legislature and request approval of the sale. The state has the right of first refusal to purchase private real property that the federal government is contracting to acquire. Contains legislative findings.

First sponsor: Rep. Finchem ( - Dist )


 

General Comments (all lists):

2-8 AEW monitor

2-12 PA Oppose

H2702: FEDERAL GOVERNMENT; LAND ACQUISITION; CONSENT 2/24 House COW approved.
H2714: ENVIRONMENTAL TECHNOLOGY; BIOMASS; FORESTRY PRODUCTS

Modifies the requirements to qualify for assistance from the Environmental Technology Assistance Program to allow the capital investment made by a manufacturer, producer or processor to be in a facility that is used predominantly to process biomass and forestry industry products. AS SIGNED BY GOVERNOR

First sponsor: Rep. Nutt ( - Dist )


 

General Comments (all lists):

2-8 AEW monitor

H2714: ENVIRONMENTAL TECHNOLOGY; BIOMASS; FORESTRY PRODUCTS 4/9 signed by governor. Chap. 200, Laws 2021. message
H2778: STREAM ADJUDICATIONS; COOPERATIVE EXTENSION; APPROPRIATION

A university under the jurisdiction of the Arizona Board of Regents is authorized to offer pro bono assistance to claimants who are small land owners in the general stream adjudication of water rights who are not represented by counsel. Any university that offers such assistance is required to cooperate and coordinate with the faculty of a cooperative extension in Arizona that has a program to support the economic vitality of rural communities and the use of natural resources in those communities. By November 15 of each year, a university that offers such assistance is required to submit a written report of assistance activities to the Governor and the Legislature. Appropriates $500,000 from the general fund in FY2021-22 to the University of Arizona for distribution to the natural resource users law and policy center within the Arizona cooperative extension to assist claimants in the general stream adjudication of water rights. AS PASSED HOUSE

First sponsor: Rep. Griffin ( - Dist )
Others: Rep. Bowers (R - Dist 25)


 

General Comments (all lists):

2-8 AEW Support

2-12 PA Support

H2778: STREAM ADJUDICATIONS; COOPERATIVE EXTENSION; APPROPRIATION 3/17 from Senate appro do pass.
HCR2009: HARDROCK MINING; SUPPORTING

The members of the Legislature recognize the importance of the hardrock mining industry to Arizona's economy and support the involvement of Arizona's government and the hardrock mining industry in any future regulatory changes to ensure that operations continue to be safe and productive for the state. AS SENT TO SECRETARY OF STATE

First sponsor: Rep. Griffin ( - Dist )


 

General Comments (all lists):

AEW 1/20/21: Support

PA 1-29-21: Approved SUPPORT

HCR2009: HARDROCK MINING; SUPPORTING 2/4 passed House 58-1; ready for Senate.
HR2003: FORESTS; PROPER MANAGEMENT

The members of the House of Representatives place the highest importance on the issue of forest management and express their support of landscape-scale planning, forest thinning projects and the acceleration of consensus-supported and scientifically informed forest restoration treatments across this state and the nation. AS SENT TO SECRETARY OF STATE

First sponsor: Rep. Griffin ( - Dist )


 

General Comments (all lists):

AEW 1/20/21: Support

PA 1-29-21: Approved SUPPORT

HR2003: FORESTS; PROPER MANAGEMENT 2/4 House COW approved. Passed House 33-26; ready for Senate.
S1021: GROUNDWATER; WATERLOGGED AREA EXEMPTION; DATE

The exemption from irrigation water duties for persons entitled to use groundwater under an irrigation grandfathered right is extended ten years, to December 31, 2034. The exemption from any applicable conservation requirements for the distribution of groundwater for the Arlington Canal Company, the Buckeye Water Conservation and Drainage District and the St. John's Irrigation District is extended ten years, to December 31, 2034. The Director of the Department of Water Resources is required to submit a recommendation to the Governor and the Legislature by November 15, 2031 regarding extending these exemptions.

First sponsor: Sen. Kerr ( - Dist )


 

General Comments (all lists):

AEW 1/20/21: Support

 PA 1-29-21: Approved SUPPORT

Mirror 1021

S1021: GROUNDWATER; WATERLOGGED AREA EXEMPTION; DATE 1/26 from Senate rules okay.
S1056: ENERGY; WATER; SAVINGS ACCOUNTS

The maximum length of a contract between a county or municipality and an energy or water services company to pay for the incremental cost of energy or water savings measures in facilities owned by the county or municipality is increased to 25 years, from 15 years. Other costs and revenue are included in the estimated impact to be achieved by a county or municipality through energy or water savings measures or services. Reports on school district contracts for guaranteed energy cost savings must be filed with the Department of Administration, instead of the Governor's Office of Energy Policy. AS SIGNED BY GOVERNOR

First sponsor: Sen. Gray ( - Dist )


 

General Comments (all lists):

AEW 1/20/21: Monitor

S1056: ENERGY; WATER; SAVINGS ACCOUNTS 2/26 signed by governor. Chap. 39, Laws 2021. message
S1137: ELECTRIC COOPERATIVES; BROADBAND SERVICE; FEES

Any pole attachment agreement between an electric cooperative nonprofit membership corporation and an affiliate for broadband service that includes attachment to the cooperative's poles must specifically require the pole attachment fees charged to any unaffiliated "video service provider" or "telecommunications provider" (both defined) to be equal to the pole attachment fees charged to the affiliate where the affiliate and provider are jointly attached to the same pole.

First sponsor: Sen. Borrelli ( - Dist )


 

General Comments (all lists):

LRR 1/19/21: support

AEW 1/20/21: Support

PA 1-29-21: Approved SUPPORT

Mirror 2036

S1137: ELECTRIC COOPERATIVES; BROADBAND SERVICE; FEES 1/26 from Senate rules okay.
S1147: WATER BANKING; STORAGE CREDITS; SUBCONTRACTORS

The Arizona Water Banking Authority is authorized to distribute long-term water storage credits to Central Arizona Water Conservation District's (CAWCD) municipal and industrial subcontractors. Long-term water storage credits that are distributed to a CAWCD municipal and industrial subcontractor cannot be sold, and the subcontractor is responsible for all fees assessed by the Authority or the Department of Water Resources for the distribution of the long-term storage credits and all costs of recovery of the long-term storage credits. AS SIGNED BY GOVERNOR

First sponsor: Sen. Kerr ( - Dist )


 

General Comments (all lists):

AEW 1/20/21: Support

PA 1-29-21: Approved SUPPORT

Mirror 2074

S1147: WATER BANKING; STORAGE CREDITS; SUBCONTRACTORS 4/14 signed by governor. Chap. 227, Laws 2021. message
S1150: AGRICULTURAL WORKFORCE PROGRAM; APPRENTICES; APPROPRIATION

The University of Arizona Cooperative Extension Office (Office) is required to establish the Agricultural Workforce Development Program (Program) to provide incentives to food-producing "agricultural organizations" (defined) to hire apprentices by partially reimbursing apprenticeship costs. The Director of the Office is required to adopt rules for the Program, which must include specified provisions. Subject to legislative appropriation, the Office is authorized to reimburse a participating food-producing agricultural organization up to the amount of the "actual cost" (defined) to the food-producing agricultural organization to employ an apprentice. By December 1 of each year, the Office is required to submit a report to the Governor and the Legislature on the effectiveness of the Program in achieving its purpose. The Program terminates on July 1, 2027. Appropriates $500,000 from the general fund in each of FY2021-22 and FY2022-23 to the Office for the Program. Effective January 1, 2022. AS PASSED SENATE

First sponsor: Sen. Shope ( - Dist )
Others: Sen. Kerr (R - Dist 13), Sen. Otondo (D - Dist 4)


 

General Comments (all lists):

AEW 1/20/21: Monitor

S1150: AGRICULTURAL WORKFORCE PROGRAM; APPRENTICES; APPROPRIATION 3/10 from House appro do pass.
S1175: CORPORATION COMMISSION; ELECTRIC GENERATION RESOURCES

Without express legislative authorization, the Arizona Corporation Commission (ACC) is prohibited from adopting or enforcing a policy, decision or rule that directly or indirectly regulates the types of "critical electric generation resources" (defined) used or acquired by public service corporations within Arizona's energy grid. Does not apply to any policy, decision or rule adopted before June 30, 2020. Does not prohibit the ACC from setting electricity rates for public service corporations. Contains legislative findings. Retroactive to June 30, 2020.

First sponsor: Sen. Kerr ( - Dist )
Others: Sen. Gowan (R - Dist 14), Sen. Gray (R - Dist 21), Sen. Leach (R - Dist 11), Sen. Livingston (R - Dist 22), Sen. Shope (R - Dist 8)


 

General Comments (all lists):

AEW 1/20/21: Monitor

2-12 PA Oppose

S1175: CORPORATION COMMISSION; ELECTRIC GENERATION RESOURCES 3/4 retained on Senate COW calendar.
S1177: FOREST PRODUCTS; PROCESSING; TAX CREDIT

Establishes an individual and corporate income tax credit for taxpayers with a current healthy forest enterprise incentive certification and memorandum of understanding with the Arizona Commerce Authority that "process" "qualifying forest products" (both defined) between January 1, 2022 and December 31, 2032 at a facility located in Arizona. The amount of the credit is up to $10,000 for the first 20,000 tons and $5,000 for every 10,000 tons after of qualifying forest products the taxpayer processes in the calendar year, not to exceed $500,000 per taxpayer. The aggregate amount of tax credits in a calendar year is capped at $2 million. If the allowable credit exceeds taxes due, the unclaimed amount of the credit may be carried forward for up to five consecutive tax years. Other requirements to qualify for the tax credit and an application process are established. Applies to tax years beginning with 2022. AS PASSED SENATE

First sponsor: Sen. Kerr ( - Dist )
Others: Sen. Gowan (R - Dist 14), Sen. Gray (R - Dist 21), Sen. Livingston (R - Dist 22), Sen. Rogers (R - Dist 6), Sen. Shope (R - Dist 8)


 

General Comments (all lists):

AEW 1/20/21: Support

PA 1-29-21: Approved SUPPORT

Mirror 2247

S1177: FOREST PRODUCTS; PROCESSING; TAX CREDIT 3/10 from House nat res-energy-water do pass.
S1222: CONSERVATION DISTRICTS; WATER; INVASIVE VEGETATION

The powers of natural resource conservation districts are expanded to include conducting surveys, investigations and research relating to eradicating invasive vegetation, and increasing public awareness of water conservation statewide, including water conservation methods and best management practices. Modifies the requirements to qualify for the individual income tax credit for purchasing and installing an agricultural water conservation system to allow the expense to be consistent with a conservation plan the taxpayer filed with a natural resources conservation service or a natural resource conservation district in Arizona.

First sponsor: Sen. Kerr ( - Dist )


 

General Comments (all lists):

2-8 AEW monitor

S1222: CONSERVATION DISTRICTS; WATER; INVASIVE VEGETATION 2/25 referred to House nat res-energy-water.
S1224: AGRICULTURAL OPERATIONS; NUISANCE LIABILITY

Statute governing nuisance liability for agricultural operations is repealed and replaced. A nuisance action cannot be filed against an agricultural operation conducted on farmland unless a list of specified conditions apply. Establishes a rebuttable presumption that an agricultural operation conducted on farmland is not a public or private nuisance, which may be overcome by a preponderance of the evidence that the operation is violating applicable federal, state or local laws and regulations. Establishes requirements for the court to award costs, expenses, and/or compensatory damages in a nuisance action. The circumstances under which agricultural operations conducted on farmland may be regulated or considered to be a nuisance are a matter of statewide concern. This legislation supersedes any municipal ordinance that makes an agricultural operation conducted on farmland a nuisance or provides for an abatement of the agricultural operation as a nuisance, and any such ordinance is void and has no force or effect. Contains legislative findings.

First sponsor: Sen. Kerr ( - Dist )


 

General Comments (all lists):

2-8 AEW Support

2-12 PA Support

S1224: AGRICULTURAL OPERATIONS; NUISANCE LIABILITY 3/2 from Senate rules okay.
S1274: ASSURED WATER SUPPLY; SUBDIVISIONS

In the Pinal Active Management Area, for an application to modify a designation of assured water supply, if specified conditions apply to the volume of groundwater and stored water, the Department of Water Resources (DWR) is prohibited from reviewing the physical availability of groundwater and stored water to be recovered outside of the area of impact of storage sought to be included in the designation. Does not affect the DWR review of assured water supply criteria other than the physical availability of groundwater and stored water to be recovered outside the area of impact of storage. The following are deemed physically available for purposes of an assured water supply designation: stored water that is to be recovered by the applicant within the "area of impact of storage" (defined) under existing long-term storage credits pledged to the designation, and stored water that is to be recovered by the applicant within the area of impact of storage either on an annual basis or as long-term storage credits to be earned in the future if the water to be stored meets the physical availability requirements for the water supply. AS SIGNED BY GOVERNOR

First sponsor: Sen. Shope ( - Dist )


 

General Comments (all lists):

Support via mirror

PA 1-29-21: Approved SUPPORT

Support via mirror 2336/2687

2-12 PA Support

S1274: ASSURED WATER SUPPLY; SUBDIVISIONS 2/12 signed by governor. Chap. 17, Laws 2021. message
S1307: WATER; WASTEWATER SYSTEM; CORRECTIVE ACTION (WATER; WASTEWATER SYSTEM; COUNTY OPERATION)

If a public water system or wastewater treatment facility or system that is regulated as a public service corporation by the Arizona Corporation Commission (ACC) is in violation of specified water quality requirements, the Department of Water Resources (DWR) is required, instead of allowed, to make a written request to the ACC to take necessary corrective actions, and the ACC is required to commence necessary correction actions within 30 days after DWR determines that the ACC taking corrective actions would expedite the facility’s or system’s return to compliance. DWR is required to provide the governing body of any local jurisdiction served by the facility or system with a copy of a written request to the ACC. AS SIGNED BY GOVERNOR

First sponsor: Sen. Shope ( - Dist )


 

General Comments (all lists):

2-8 AEW monitor

striker coming

S1307: WATER; WASTEWATER SYSTEM; CORRECTIVE ACTION 4/9 signed by governor. Chap. 214, Laws 2021. message
S1309: PROPERTY CLASSIFICATION; GASOLINE MANUFACTURING EQUIPMENT

The list of property classified as class six property for property tax purposes is expanded to include real and personal property and improvements that are specifically and solely used to manufacture, beginning January 1, 2021 through December 31, 2051, "zero-sulfur gasoline" (defined) from natural gas and that are valued at full cash value. Applies only to the portion of the property that is used specifically for manufacturing, processing and storing zero-sulfur gasoline and liquid petroleum gases made from natural gas feedstock obtained from off-site sources. Retroactive to January 1, 2021.

First sponsor: Sen. Shope ( - Dist )
Others: Sen. Borrelli (R - Dist 5), Sen. Contreras (D - Dist 19)


 

General Comments (all lists):

2-8 AEW monitor

S1309: PROPERTY CLASSIFICATION; GASOLINE MANUFACTURING EQUIPMENT 1/25 referred to Senate fin.
S1334: FIREWORKS; AERIAL DEVICES

The definition of "permissible consumer fireworks" in a county with a population of more than 500,000 persons is expanded to include "multiple-tube aerial devices" (defined as specified mine and shell devices and multiple tube fireworks devices and pyrotechnic articles that are defined in an American Pyrotechnics Association rule, with some exclusions).

First sponsor: Sen. Gowan ( - Dist )


 

General Comments (all lists):

2-8 AEW Oppose

2-12 PA Oppose

S1334: FIREWORKS; AERIAL DEVICES 2/10 Senate com do pass; report awaited.
S1364: AQUIFER PROTECTION PERMITS; INJECTION WELLS

A class V well is no longer exempt from the underground injection control permit program if the well has an aquifer protection permit that satisfies federal underground injection control requirements for a class V well. Except for class V wells operating under underground injection control permit program rules or specified federal code, any underground injection well covered by an underground injection control permit is exempt from aquifer protection permit requirements. If a notice of appeal of a permit issued under the Arizona Pollutant Discharge Elimination System Program is filed with the Water Quality Appeals Board, those permit provisions that are being contested and those that cannot be severed from the contested provisions are automatically stayed while the appeal is pending before the Board, instead of while the appeal is pending, including during any court proceedings.

First sponsor: Sen. Kerr ( - Dist )


 

General Comments (all lists):

Support based on mirror 2042

S1364: AQUIFER PROTECTION PERMITS; INJECTION WELLS 2/9 from Senate rules okay.
S1365: UNDERGROUND STORAGE TANKS; PERFORMANCE STANDARDS

A person is prohibited from installing an underground storage tank (UST) or a new piping component that is 50 percent or more of the total linear footage of all connected piping of the UST, unless the UST or all connected piping meets the secondary containment performance standards for new UST systems, the release detection requirements for hazardous substance UST systems, and the interstitial monitoring requirements prescribed in specified federal code as in effect on January 1, 2020. An owner or operator who installs or replaces a dispenser system that connects to a UST is required to install an under-dispenser containment that meets the performance standards for new UST systems prescribed in specified federal code as in effect on January 1, 2020.

First sponsor: Sen. Kerr ( - Dist )


 

General Comments (all lists):

2-8 AEW monitor

S1365: UNDERGROUND STORAGE TANKS; PERFORMANCE STANDARDS 2/9 from Senate rules okay.
S1366: REMEDIATED GROUNDWATER USE; EXTENSION (REMEDIATED WATER; GROUNDWATER; USE)

A declaration that the use of up to an aggregate of 65,000 acre-feet of groundwater withdrawn within all AMAs according to approved remedial action projects must be considered consistent with the management goal for the AMA, and providing for specified amounts in excess of that aggregate limit to be included in the consideration applies to each calendar year until 2050, extended 25 years from 2025. AS SIGNED BY GOVERNOR

First sponsor: Sen. Kerr ( - Dist )


 

General Comments (all lists):

2-8 AEW Support

2-12 PA Support

S1366: REMEDIATED GROUNDWATER USE; EXTENSION 4/20 signed by governor. Chap. 272, Laws 2021. message
S1368: WATER CONSERVATION NOTICE; NO FORFEITURE

Beginning on the effective date of this legislation, a person who is entitled to the use of water is authorized to file with the Department of Water Resources a water conservation plan notice. Information that must be included in the notice is listed. On filing a water conservation plan notice, the conservation of water pursuant to the plan does not constitute abandonment or forfeiture of the water conserved. A person cannot accrue long-term storage credits for any water that is conserved in a water conservation plan notice. A water conservation plan is required to designate a duration of up to 10 years, and the person filing the notice may file a subsequent notice for one or more periods of up to 10 years. Contains a legislative intent section stating that the Legislature intends that this act apply prospectively only.

First sponsor: Sen. Kerr ( - Dist )


 

General Comments (all lists):

Support based on mirror 2056

S1368: WATER CONSERVATION NOTICE; NO FORFEITURE 2/9 from Senate rules okay.
S1370: ENVIRONMENTAL QUALITY; PROGRAM TERMINATIONS; REPEAL

Repeals the statutory termination dates of July 1, 2022 for the Vehicle Emissions Inspection Program and the Oil and Gas Conservation Commission. Retroactive to July 1, 2020, repeals the statutory termination dates of July 1, 2020 for the Voluntary Remediation Program and the article of statute governing total maximum daily loads. Retroactive to July 1, 2020, establishes the Water Monitoring Assistance Program in the Department of Environmental Quality in the same manner it existed in statute prior to being repealed on July 1, 2020. Emergency clause. AS SIGNED BY GOVERNOR

First sponsor: Sen. Kerr ( - Dist )


 

General Comments (all lists):

2-8 AEW Support

2-12 PA Support

Single List Comments:

2-12 PA Support

S1370: ENVIRONMENTAL QUALITY; PROGRAM TERMINATIONS; REPEAL 3/18 signed by governor. Chap. 69, Laws 2021. message
S1371: AIR QUALITY; OMNIBUS

Modifies the Area A and Area B vehicle emissions standards testing requirements for motor vehicles. The list of exemptions from vehicle emissions inspection requirements is expanded to include cranes and oversize vehicles that require permits, and vehicles that are not in use and that are owned by Arizona residents while on active military duty outside of Arizona. These provisions do not become effective unless on or before July 1, 2023 the U.S. Environmental Protection Agency approves the proposed modifications to the vehicle emissions testing program protocols as part of the State Implementation Plan for air quality. The Department of Environmental Quality (DEQ) is required to operate and administer a voluntary vehicle repair and retrofit program in areas that are subject to the vehicle emissions inspection program, instead of a county with a population of more than 400,000 persons being required to operate the program in that county. Retrofit program requirements are modified. DEQ is authorized to conduct research to quantify the effects of vehicular emissions, instead of being required to conduct research to quantify the effect of alternative fuels on toxic components of vehicular emissions. Also repeals the Voluntary Vehicle Repair and Retrofit Program Advisory Committee.

First sponsor: Sen. Kerr ( - Dist )


 

General Comments (all lists):

2-8 AEW monitor

S1371: AIR QUALITY; OMNIBUS 2/9 from Senate rules okay.
S1386: WATER; AUGMENTATION AUTHORITY; SPECIAL DISTRICTS

By the third Monday of August of each year, the County Water Augmentation Authority is required to charge an annual contract assessment against each parcel of "contract land" (defined) that is subject to an annual contract assessment. This charge becomes a lien on the parcel and is collected in the same manner as an ad valorem tax. When the public interest or convenience requires, the board of directors of a county improvement district is authorized to order the acquisition, creation, maintenance or pledge of "water assets" (defined) for the purpose of municipal, industrial, commercial or domestic development. County improvement districts, including domestic water or wastewater improvement districts, are authorized to undertake "water supply development" (defined elsewhere in statute) with monies borrowed from or financial assistance provided by the Water Infrastructure Finance Authority of Arizona.

First sponsor: Sen. Shope ( - Dist )


 

General Comments (all lists):

2-8 AEW monitor

S1386: WATER; AUGMENTATION AUTHORITY; SPECIAL DISTRICTS 2/17 Senate nat res-energy-water held.
S1446: GROUNDWATER REPLENISHMENT RESERVES

Modifies the calculation for groundwater replenishment reserve targets for active management areas within a multi-county water conservation district.

First sponsor: Sen. Kerr ( - Dist )


 

General Comments (all lists):

Support based on mirror 2041

S1446: GROUNDWATER REPLENISHMENT RESERVES 2/9 from Senate rules okay.
S1448: AGRICULTURAL OPERATIONS; NUISANCE; COSTS; DAMAGES (ARIZONA DEPARTMENT OF AGRICULTURE; CONTINUATION)

In a nuisance action filed against an agricultural operation conducted on farmland, the court is authorized to award costs and expenses to the prevailing party, and is required to award reasonable costs and attorney fees to the other party of the court determines that a party filed the nuisance action for an improper purposes, did not file the action in good faith, or the action was not grounded in fact or based on law. The court is prohibited from awarding punitive damages for a nuisance action unless the alleged nuisance emanated from an agricultural operation that has been subject to a criminal conviction or a civil enforcement action. Counties, municipalities, and other political subdivisions are prohibited from declaring an agricultural operation conducted on farmland to be a nuisance if the agricultural operation's practices are lawful, customary, reasonable, safe and necessary to the agriculture industry. AS SIGNED BY GOVERNOR

First sponsor: Sen. Kerr ( - Dist )
Others: Sen. Gowan (R - Dist 14), Sen. Shope (R - Dist 8)


 

General Comments (all lists):

Support based on mirror 2081

Support S/E AGRICULTURAL OPERATIONS; NUISANCE; COSTS; DAMAGES

based on HB 2372

S1448: AGRICULTURAL OPERATIONS; NUISANCE; COSTS; DAMAGES 4/9 signed by governor. Chap. 218, Laws 2021. message
S1602: FOREST PRODUCTS; PROCESSING; TAX CREDIT

Establishes an individual and corporate income tax credit for taxpayers with a current healthy forest enterprise incentive certification and memorandum of understanding with the Arizona Commerce Authority that "process" "qualifying forest products" (both defined) between January 1, 2022 and December 31, 2030 at a facility located in Arizona. The amount of the credit is up to $10,000 for the first 20,000 tons and $5,000 for every 10,000 tons after of qualifying forest products the taxpayer processes in the calendar year, not to exceed $500,000 per taxpayer. The aggregate amount of tax credits in a calendar year is capped at $2 million. If the allowable credit exceeds taxes due, the unclaimed amount of the credit may be carried forward for up to five consecutive tax years. Other requirements to qualify for the tax credit and an application process are established. Applies to tax years beginning with 2022.

First sponsor: Sen. Gowan ( - Dist )


 

General Comments (all lists):

Support Mirror 1177/2247

S1602: FOREST PRODUCTS; PROCESSING; TAX CREDIT 2/1 referred to Senate nat res-energy-water.
S1734: AGRICULTURAL PROPERTY; RECLASSIFICATION; NOTICE

If the county assessor determines that there has been a change of use and property ceases to qualify as agricultural property for property tax purposes, the county assessor is required to notify the property owner by certified mail of the reason for reclassifying the property and include information for the property owner to appeal the reclassification. A property owner is authorized to appeal the decision of the county assessor relating to correcting property tax errors. AS SIGNED BY GOVERNOR

First sponsor: Sen. Kerr ( - Dist )
Others: Sen. Gowan (R - Dist 14), Sen. Gray (R - Dist 21), Sen. Shope (R - Dist 8)


 

General Comments (all lists):

2-8 AEW monitor

S1734: AGRICULTURAL PROPERTY; RECLASSIFICATION; NOTICE 3/26 signed by governor; Chap. 151, Laws 2021. message
SCR1011: BORDER SECURITY; BORDER CRISIS (SUPPORTING; HARDROCK MINING)

The members of the Legislature call on the President of the U.S. and Congress to take immediate action to secure the southern border and stymie the security and humanitarian crises associated with any further illegal immigration and to as quickly as possible shore up the southern border by completing the southern border wall. The members of the Legislature support the Speaker of the House of Representatives and President of the Senate in creating a Joint Border Security Advisory Commission to provide a forum where testimony can be taken regarding the international border between Arizona and Mexico and address related issues to this international border. The Secretary of State is directed to transmit copies of this resolution to the President of the U.S, the President of the U.S. Senate, the Speaker of the U.S. House and each member of Congress from Arizona. AS SENT TO SECRETARY OF STATE

First sponsor: Sen. Kerr ( - Dist )


 

General Comments (all lists):

AEW 1/20/21: Support

PA 1-29-21: Approved SUPPORT

SCR1011: BORDER SECURITY; BORDER CRISIS 5/24 Senate concurred in House amendments and passed on final reading 16-14; ready for Secretary of State.