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HB2145 - 572R - H Ver
House Engrossed
petition; waiver;
fuel formulations
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HOUSE BILL 2145
AN
ACT
amending Section 3-3493, Arizona Revised Statutes,
as amended by Laws 2016, chapter 232, section 27; amending Section 3-3493,
Arizona Revised Statutes, as amended by Laws 2017, chapter 295, section 2;
amending section 3-3494, Arizona Revised Statutes; relating to motor fuel.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section 1. Section 3-3493, Arizona Revised
Statutes, as amended by Laws 2016, chapter 232, section 27, is amended to read:
START_STATUTE
3-3493.
Area A; fuel reformulation; rules
A. All gasoline produced and shipped to or within
this state and sold or offered for sale for use in motor vehicles in a county
with a population of one million two hundred thousand or more persons and any
portion of a county contained in area A, subject to an appropriate waiver
granted by the administrator of the United States environmental protection
agency pursuant to section 211(c)(4) of the clean air act as defined in section
49-401.01, shall comply with either of the following fuel reformulation
options:
1. A gasoline that meets standards for federal phase
II reformulated gasoline, as provided in 40 Code of Federal Regulations section
80.41, paragraphs (e) through (h), in effect on January 1, 1999, except that
the minimum oxygen content standard does not apply.� The gasoline shall also
meet the maximum vapor pressure requirements in section 3-3433,
subsections D and F.
2. California phase 2 reformulated gasoline,
including alternative formulations allowed by the predictive model, as adopted
by the California air resources board pursuant to California Code of
Regulations title 13, sections 2261 through 2262.7 and 2265, in effect on
January 1, 1997, except that the minimum oxygen content standard does not
apply.� The gasoline shall also meet the maximum vapor pressure requirements in
section 3-3433, subsections D and F.
B. For the period beginning November 1 through March
31 of each year, all gasoline produced and shipped to or within this state and
sold or offered for sale for use in motor vehicles in a county with a
population of one million two hundred thousand or more persons and any portion
of a county contained in area A, subject to an appropriate waiver granted by
the administrator of the United States environmental protection agency pursuant
to section 211(c)(4) of the clean air act as defined in section 49-401.01,
shall comply with standards for California phase 2 reformulated gasoline,
including alternative formulations allowed by the predictive model, as adopted
by the California air resources board pursuant to California Code of
Regulations title 13, sections 2261 through 2262.7 and 2265, in effect on
January 1, 1997 and shall meet the maximum vapor pressure requirements in
section 3-3433, subsections D and F. The fuel described in
this subsection shall meet the requirements of section 3-3492, subsection
A, paragraph 1.
C. Any registered supplier or oxygenate blender, as
defined in division rules, may petition the associate director
or
both the president of the senate and the speaker of the house of
representatives
to request that all registered suppliers or oxygenate
blenders be allowed to comply with standards other than the standards
prescribed by section 3-3492, subsection A if the petitioner can
demonstrate that ethanol supply shortages are imminent.
D. The petition shall:
1. Identify specific supply conditions that will
result in a shortage of ethanol.
2. Identify which oxygenate or oxygenates and the
concentration that will be blended into gasoline for sale or use in area A.
3. Demonstrate that the alternative oxygenate blend
comes closest to meeting a three and one-half percent by weight oxygen
content at reasonable cost, unless the registered supplier or oxygenate blender
is petitioning to use a gasoline-ethanol blend containing less than ten percent
by volume of ethanol.
4. Specify a time period for compliance with any
provision of section 3-3492, subsection A, not to exceed sixty days.
E. The associate director
or both the
president of the senate and the speaker of the house of representatives
shall either grant or deny the petition in writing within seven days of its
receipt.� Any decision by the associate director
or both the
president of the senate and the speaker of the house of representatives
to grant the petition shall be equally applicable to all registered suppliers
or oxygenate blenders and shall not be selectively applied to any single
registered supplier or oxygenate blender.� The petition may be granted only if
the associate director
or both the president of the senate and
the speaker of the house of representatives
verifies that the basis for
requesting the petition is factual.
F. The associate director
or both the
president of the senate and the speaker of the house of representatives
may reauthorize a petition if the petitioner can demonstrate that the
conditions have continued. The reauthorization of a petition shall
not exceed thirty days.
G. The associate director of the division shall
consult with the director of the department of environmental quality before
granting, reauthorizing or denying any such petition.
H. The director of environmental quality in
consultation with the associate director of the division shall adopt by rule:
1. Requirements to implement subsections A, B, C and
D of this section.
2. Requirements for recordkeeping, reporting and
analytical methods for fuel providers to demonstrate compliance with
subsections A, B, C and D of this section.
I. This section does not apply to fuel sold for use
at a motor vehicle manufacturer proving ground or at a motor vehicle racing
event.
END_STATUTE
Sec. 2. Section 3-3493, Arizona Revised Statutes, as amended by Laws 2017, chapter 295, section
2, is amended to read:
START_STATUTE
3-3493.
Area A; fuel reformulation; rules
A. All gasoline
produced and shipped to or within this state and sold or offered for sale for
use in motor vehicles in a county with a population of one million two hundred
thousand or more persons and any portion of a county contained in area A,
subject to an appropriate waiver granted by the administrator of the United
States environmental protection agency pursuant to section 211(c)(4) of the
clean air act as defined in section 49-401.01, shall comply with either
of the following fuel reformulation options:
1. A gasoline that meets standards for federal phase
II reformulated gasoline, as provided in 40 Code of Federal Regulations section
80.41, paragraphs (e) through (h), in effect on January 1, 1999, except that
the minimum oxygen content standard does not apply. The gasoline
shall also meet the maximum vapor pressure requirements in section 3-3433,
subsections D and F.
2. California phase 2 reformulated gasoline,
including alternative formulations allowed by the predictive model, as adopted
by the California air resources board pursuant to California Code of
Regulations title 13, sections 2261 through 2262.7 and 2265, in effect on
January 1, 1997, except that the minimum oxygen content standard does not
apply. The gasoline shall also meet the maximum vapor pressure
requirements in section 3-3433, subsections D and F.
B. For the period beginning November 1 through March
31 of each year, all gasoline produced and shipped to or within this state and
sold or offered for sale for use in motor vehicles in a county with a
population of one million two hundred thousand or more persons and any portion
of a county contained in area A, subject to an appropriate waiver granted by
the administrator of the United States environmental protection agency pursuant
to section 211(c)(4) of the clean air act as defined in section 49-401.01,
shall comply with standards for California phase 2 reformulated gasoline,
including alternative formulations allowed by the predictive model, as adopted
by the California air resources board pursuant to California Code of
Regulations title 13, sections 2261 through 2262.7 and 2265, in effect on
January 1, 1997 and shall meet the maximum vapor pressure requirements in
section 3-3433, subsections D and F. The fuel described in
this subsection shall meet the requirements of section 3-3492, subsection
A, paragraph 1 or 2.
C. Any registered supplier or oxygenate blender, as
defined in division rules, may petition the associate director
or
both the president of the senate and the speaker of the house of
representatives
to request that all registered suppliers or oxygenate
blenders be allowed to comply with standards other than the standards
prescribed by section 3-3492, subsection A if the petitioner can
demonstrate that ethanol supply shortages are imminent.
D. The petition shall:
1. Identify specific supply conditions that will
result in a shortage of ethanol.
2. Identify which oxygenate or oxygenates and the
concentration that will be blended into gasoline for sale or use in area A.
3. Demonstrate that the alternative oxygenate blend
comes closest to meeting a three and one-half percent by weight oxygen
content at reasonable cost, unless the registered supplier or oxygenate blender
is petitioning to use a gasoline-ethanol blend containing less than ten percent
by volume of ethanol.
4. Specify a time period for compliance with any
provision of section 3-3492, subsection A, not to exceed sixty days.
E. The associate director
or both the
president of the senate and the speaker of the house of representatives
shall either grant or deny the petition in writing within seven days of its
receipt. Any decision by the associate director
or
both the president of the senate and the speaker of the house of
representatives
to grant the petition shall be equally applicable to all
registered suppliers or oxygenate blenders and shall not be selectively applied
to any single registered supplier or oxygenate blender.� The petition may be
granted only if the associate director
or both the president of
the senate and the speaker of the house of representatives
verifies that
the basis for requesting the petition is factual.
F. The associate director
or both the
president of the senate and the speaker of the house of representatives
may reauthorize a petition if the petitioner can demonstrate that the
conditions have continued. The reauthorization of a petition shall
not exceed thirty days.
G. The associate director of the division shall
consult with the director of the department of environmental quality before
granting, reauthorizing or denying any such petition.
H. The director of environmental quality in
consultation with the associate director of the division shall adopt by rule:
1. Requirements to implement subsections A, B, C and
D of this section.
2. Requirements for recordkeeping, reporting and
analytical methods for fuel providers to demonstrate compliance with
subsections A, B, C and D of this section.
I. This section does not apply to fuel sold for use
at a motor vehicle manufacturer proving ground or at a motor vehicle racing
event.
END_STATUTE
Sec. 3. Section 3-3494, Arizona Revised Statutes, is amended to read:
START_STATUTE
3-3494.
Area C; fuel reformulation; rules
A. From and after May
31 through September 30 of each year, all gasoline produced and shipped to or
within this state and sold or offered for sale for use in motor vehicles in
area C shall comply with either of the following fuel reformulation options:
1. A gasoline that meets standards for federal phase
II reformulated gasoline, as provided in 40 Code of Federal Regulations section
80.41, paragraphs (e) through (h), in effect on January 1, 1999, except that
the minimum oxygen content standard does not apply.� The gasoline shall also
meet the maximum vapor pressure requirements in section 3-3434,
subsection D.
2. California phase 2 reformulated gasoline,
including alternative formulations allowed by the predictive model, as adopted
by the California air resources board pursuant to California Code of
Regulations title 13, sections 2261 through 2262.7 and 2265, in effect on
January 1, 1997, except that the minimum oxygen content standard does not
apply.� The gasoline shall also meet the maximum vapor pressure requirements in
section 3-3434, subsection D.
B. Any registered supplier or oxygenate blender, as
defined in division rules, may petition the associate director
or
both the president of the senate and the speaker of the house of
representatives
to request that all registered suppliers or oxygenate
blenders be allowed to supply gasoline in area C that does not meet the
standards in subsection A of this section if the petitioner demonstrates that a
shortage in the supply of gasoline meeting the standards in subsection A of
this section is imminent.
C. A petition under subsection B of this section
shall:
1. Identify specific supply conditions that will
result in a shortage of gasoline meeting the standards in subsection A of this
section.
2. Identify the formulation of gasoline that will be
sold in area C in lieu of gasoline meeting the standards in subsection A of
this section.
3. Specify a time period for compliance with the
standards of subsection A of this section not to exceed sixty days.
D. The associate director
or both the
president of the senate and the speaker of the house of representatives
shall either grant or deny a petition under subsection B of this section in
writing within seven days of its receipt.� Any decision by the associate
director
or both the president of the senate and the speaker of
the house of representatives
to grant the petition shall be equally
applicable to all registered suppliers or oxygenate blenders and shall not be
selectively applied to any single registered supplier or oxygenate blender. The
petition may be granted only if the associate director
or both
the president of the senate and the speaker of the house of representatives
verifies that the basis for requesting the petition is factual.
E. The associate director
or both the
president of the senate and the speaker of the house of representatives
may reauthorize a petition granted under subsection B of this section if the
petitioner demonstrates that the conditions identified in the petition have
continued.� The reauthorization of a petition shall not exceed thirty days.
F. The associate director of the division shall
consult with the director of the department of environmental quality before
granting, reauthorizing or denying any petition under subsection B of this
section.
G. The associate director, in consultation with the
director of the department of environmental quality, shall adopt by rule:
1. Requirements to implement subsections A, B and C
of this section.
2. Requirements for recordkeeping, reporting and
analytical methods for fuel providers to demonstrate compliance with subsection
A of this section.
H. This section does not apply to fuel sold for use
at a motor vehicle manufacturer proving ground or at a motor vehicle racing
event.
END_STATUTE
Sec. 4.
Conditional
enactment
Section 3-3493, Arizona Revised
Statutes, as amended by Laws 2017, chapter 295, section 2 and this act, does
not become effective unless the condition prescribed by Laws 2017, chapter 295,
section 3, as amended by Laws 2022, chapter 177, section 12 and Laws 2024, chapter
70, section 1, is met.