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HB2986 - 572R - H Ver
House Engrossed
department of
environmental quality; programs
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HOUSE BILL 2986
AN
ACT
Amending sections 44-1322, 49-501,
49-802, 49-836 and 49-881, Arizona Revised Statutes; amending
laws 2021, chapter 27, section 9, as amended by Laws 2023, chapter 78, section
1; amending Laws 2017, chapter 295, section 3, as amended by Laws 2022, chapter
177, section 12 and Laws 2024, chapter 70, section 1; relating to the
department of environmental quality.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section 1. Section 44-1322, Arizona Revised
Statutes, is amended to read:
START_STATUTE
44-1322.
Disposal of lead acid batteries
A. The disposal of lead acid batteries in landfills
and the incineration of those batteries is prohibited.
B. An owner or operator of a solid waste disposal
facility shall not knowingly accept a lead acid battery for disposal.
C. A lead acid battery shall be discarded or
disposed of only as follows:
1. A lead acid battery retailer or wholesaler may
deliver a lead acid battery to any one of the following:
(a) A permitted secondary lead smelter.
(b) A battery manufacturer.
(c) A collection or recycling facility
authorized by the federal environmental protection agency or the department
of environmental quality
.
(d) In the case of battery retailers only, an agent
of a battery wholesaler.
2. A person other than a lead acid battery retailer
or wholesaler may deliver a lead acid battery to any one of the following:
(a) A lead acid battery retailer or wholesaler.
(b) A permitted secondary lead smelter.
(c) A collection or recycling facility
authorized by the federal environmental protection agency or the
department of environmental quality
.
D. The director of the department of environmental
quality shall register
collection and
recycling facilities
that accept lead acid batteries.
The director shall
require collection and recycling facilities that handle lead acid batteries to
pay an initial registration fee and annual fee established by rule. The
director shall deposit, pursuant to sections 35-146 and 35-147,
registration fees in the solid waste fee fund established by section 49-881.
END_STATUTE
Sec. 2. Section 49-501, Arizona Revised
Statutes, is amended to read:
START_STATUTE
49-501.
Unlawful open burning; exceptions; civil penalty; definition
A. Notwithstanding the provisions of any other
section of this article:
1. It is unlawful for any person to ignite, cause to
be ignited, permit to be ignited, or suffer, allow, or maintain any open
outdoor fire except as provided in this section.
2. From May 1 through
September 30 each year, it is unlawful for any person to ignite, cause to be
ignited, permit to be ignited or suffer, allow or maintain any open outdoor
fire in area A as defined in section 49-541.
B. The following fires are excepted from this
section:
1. Fires used only for cooking
of
food
,
or for
providing warmth for
human beings or
the
branding
of
animals or
the use of
using
orchard
heaters for the purpose of frost protection in farming or nursery operations.
2. Any fire set or permitted
by
any public officer in the performance of official duty, if such fire is set or
permission given for the purpose of weed abatement, the prevention of a fire
hazard, or instruction in the methods of fighting fires.
3. Fires set by or permitted
by
the director of the department of agriculture or county agricultural agents of
the county for the purpose of disease and pest prevention.
4. Fires set by or permitted
by
the federal government or any of its departments, agencies or agents or the
state or any of its agencies, departments or political subdivisions for the
purpose of watershed rehabilitation or control through vegetative manipulation.
5. Fires permitted by any rule or regulation issued
pursuant to this article, by any conditional permit issued by a hearing board
established under this article or by any rule or conditional permit issued
pursuant to article 2 of this chapter when the department of environmental
quality pursuant to section 49-402 has assumed jurisdiction of the county
in which the fire is located.
6. Fires set for the disposal of dangerous materials
where there is no safe alternate method of disposal.
C. Permission for the setting of any fire given by a
public officer in the performance of official duty under subsection B,
paragraph 2, 3 or 4 of this section shall be given in writing and a copy of the
written permission shall be transmitted immediately to the director of
environmental quality and the control officer of the county, district or region
in which such fire is allowed. The setting of any such fire shall be
conducted in a manner and at such time as approved by the control officer or
the director of environmental quality, unless doing so would defeat the purpose
of the exemption.
D. Notwithstanding section 49-107,
if the department assumes jurisdiction over
open
burning in a county pursuant to section 49-402,
the director may
delegate authority for the issuance of open burning permits to a county, city,
town or fire district. A county, city, town or fire district that
has been delegated authority for the issuance of open burning permits may
assign the issuance of these permits to a private fire protection service
provider that performs fire protection services within that county, city, town
or fire district. Any private fire protection service provider that
is authorized to issue open burning permits pursuant to this subsection shall
maintain a copy of all currently effective permits issued
,
including a means of contacting the person authorized by the permit to set the
fire in the event that an order to extinguish the open burning is
issued. Permits issued pursuant to this subsection shall contain
both of the following:
1. Conditions that limit the manner and time of
setting the fire and that are consistent with this section and rules adopted
pursuant to this section.
2. A provision that all burning be extinguished at
the discretion of the director or the director's authorized representative
during periods of inadequate atmospheric smoke dispersion, periods of excessive
visibility impairment that could adversely affect public safety or periods when
smoke is blown into populated areas so as to create a public nuisance.
E. The director may issue a general permit to allow
persons engaged in farming or ranching on forty acres or more in an
unincorporated area to burn household waste, as defined in section 49-701,
that is generated on site, if no household waste collection and disposal
service is available. The general permit shall include the following:
1. Conditions governing the method, manner and times
for burning.
2. Limitation on materials
which
that
may be burned, including a prohibition on burning of
materials
which
that
generate
noxious fumes.
3. A requirement that any person seeking coverage
under the general permit shall register with the director on a form prescribed
by the director.
Upon
on
receipt of a registration form, the director shall notify the county in which
the farm or ranch is located of such registration.
4. A statement that the director, a local air
pollution control officer, or any other public officer may order the
extinguishment of burning or may prohibit burning during periods of inadequate
smoke dispersion or excessive visibility impairment or at other times when
public health or safety could be adversely affected.
F.
Nothing in
This section
is intended to
does not
permit any
practice
which
that
is a violation
of any statute, ordinance, rule or regulation in a county with a population in
excess of one million two hundred thousand persons. Notwithstanding any other
law, such a county shall prohibit by ordinance the use of wood burning
chimineas, outdoor fire pits and similar outdoor fires on those days for which
the county has issued a no burn day restriction.
G. A person who violates
any provision
of
this section may be served a notice of violation and be subject to
the enforcement provisions of this article to the same extent as a person
violating any rule or regulation adopted pursuant to this article, except that
:
1.
A violation that lasts
no
not
more than twenty-four hours
and that is the first violation committed by that person is subject to a civil
penalty of
no
not
more than
five hundred dollars
$500
.
2. A violation
that
is subject to the department's jurisdiction pursuant to section 49-402 is
subject to enforcement as provided in article 2 of this chapter.
H. For the purposes of this section, "open
outdoor fire" means any combustion of combustible material of any type
outdoors, in the open where the products of combustion are not directed through
a flue. For the purposes of this subsection, "flue" means any duct or
passage for air, gases or the like, such as a stack or chimney.
END_STATUTE
Sec. 3. Section 49-802, Arizona Revised
Statutes, is amended to read:
START_STATUTE
49-802.
Federal used oil program; incorporation by reference; rulemaking
A. The department shall administer
a
used oil program. the program shall be not more stringent than
42 United
States Code section 6935
, as
amended on
January 1, 1997, as the used oil program for this state. For that purpose,
and
40 Code of Federal Regulations part 279
.
, as amended on January 1, 1997,
40 code of
federal REGULATION PART 279
is adopted by reference. For
purposes of this program, the United States, the environmental protection
agency and the administrator shall be applied to mean this state, the
department and the director, respectively.
B. The department may adopt rules for the
administration of the federal program. Rules adopted pursuant to
this subsection shall not be more stringent than or conflict with 40 Code of
Federal Regulations part 279. The department shall require an
annual registration fee established by rule for handlers of used oil that are
required to obtain a United States environmental protection agency
identification number pursuant to 40 Code of Federal Regulations part 279. The department
shall deposit, pursuant to sections 35-146 and 35-147, fees in the
solid waste fee fund established by section 49-881.
C. The following requirements apply in addition to
40 Code of Federal Regulations part 279:
1. A used oil collection center, as defined in 40
Code of Federal Regulations part 279, shall register with the department by
obtaining an identification number from the department. A request
for an identification number shall include:
(a) The company name.
(b) The name of the owner of the company.
(c) The mailing address and telephone number of the
company.
(d) The location of the collection center.
(e) A description of the type of used oil activity
at the company.
2. A person who sends
used oil fuel to a person who burns the used oil fuel for energy recovery shall
certify to the burner that the used oil fuel has been analyzed or otherwise
tested for compliance with the used oil specifications in 40 Code of Federal
Regulations part 279.
3. Each used oil fuel transporter, used oil fuel
marketer and used oil processor and re-refiner, as defined in 40 Code of
Federal Regulations part 279, shall submit to the department a written report
annually. The report shall be submitted within thirty days after the
end of the calendar year to which the report applies, and it shall contain a
copy of the tracking information required to be kept pursuant to 40 Code of
Federal Regulations part 279 or a summary of such tracking information on a
reporting form supplied by the department.
4. Each person who burns used oil fuel in devices
identified in 40 Code of Federal Regulations section 279.61(a)(1) through (3)
shall submit to the department a written annual report. The report
shall be submitted to the department by February 1 for the previous calendar
year and shall contain the following information:
(a) The name, address and telephone number of the
person reporting.
(b) The name, address and telephone number of the
burner facility.
(c) The United States environmental protection
agency identification number of the burner facility.
(d) The total volume of on-specification used oil
burned.
(e) The period being reported.
(f) The total volume of self-generated used oil
burned on site.
(g) The total volume of used oil fuel burned.
(h) A summary of the tracking information required
to be kept pursuant to 40 Code of Federal Regulations part 279.
5. Used oil fuel marketers and used oil fuel burners
shall label all tanks that store on-specification used oil with the words
"on-specification used oil". The department may
sample and test used oil or used oil fuel to determine its properties or
characteristics as prescribed in this article and rules adopted pursuant to
this article.
6. A household "do-it-yourselfer"
used oil generator, as defined under 40 Code of Federal Regulations part 279,
shall send its used oil to a "do-it-yourselfer"
collection station, a household hazardous waste collection center, a used oil
collection center, a used oil fuel marketer or a used oil processor or refiner.
D. In administering this section or in adopting or
administering rules pursuant to this section, the department shall maintain the
level of discretion that is permitted pursuant to applicable federal rules.
E. Any client names or related identifying data
required to be submitted to the department pursuant to this section are
confidential.
END_STATUTE
Sec. 4. Section 49-836, Arizona Revised Statutes, is amended to read:
START_STATUTE
49-836.
Solid waste landfill disposal fees
A. Each operator of a
solid waste landfill or facility shall make the fee payments required by this
section as determined by the department. Monies from fees shall be
deposited in the recycling fund established by section 49-837
and the solid waste fee fund established by section 49-881
. Fees
shall be calculated and paid as follows until the effective dates of rules
adopted pursuant to subsection G of this section:
1. A disposal fee of $.25 for each six cubic yards
of uncompacted solid waste, $.25 for each three cubic yards of compacted solid
waste or $.25 per ton of solid waste received at landfills regulated by the
department.
From and after June 30, 2005, all $.25
collected in disposal fees shall be deposited in the recycling fund.
2. A solid waste landfill that receives only waste
generated on site shall compute the fee by using one of the following methods:
(a) By actual volume or weight.
(b) By estimate based on landfill capacity use,
volume or number of waste loads or any other reasonable means for approximating
the volume or weight of disposed waste.
3. Facilities that generate waste from recycling
solid waste, effluent from a secondary wastewater treatment plant or
wastewaters shall pay one-half of the fee calculated pursuant to
paragraph 1 of this subsection. The maximum annual amount paid by a
facility for on-site disposal of waste generated from recycling shall not
exceed $15,000. The fee for these facilities may be computed based
on the dry or dewatered weight or volume of the waste generated from recycling.
B. Each fee payment shall be accompanied by a form
prepared and furnished by the department and completed by the
operator. The form shall state the total volume or weight of solid
waste disposed of at that landfill during the payment period and shall provide
any other information deemed necessary by the department. The form
shall be signed by the operator.
C. A person who for a fee disposes of waste in a
solid waste landfill that is not regulated by the department shall keep
accurate records of the waste disposed of in those landfills and shall remit a
fee to the department at the same rate and in the same manner as provided in
subsection A of this section or rules adopted pursuant to subsection G of this
section.
D. For solid waste landfills that are operated
pursuant to section 49-741 and that do not have on-site operators
or scales, the fee shall be based on a formula that multiplies the population
of the political subdivisions served by the landfill by $.07.
From and after June 30, 2005, all fees shall be deposited in the
recycling fund.
The fee shall be paid in the same manner as
provided in subsection A of this section or rules adopted pursuant to
subsection G of this section.
E. This section or any rules adopted pursuant to
subsection G of this section do not apply to:
1. Persons disposing of a load containing less than
six cubic yards of uncompacted solid waste or three cubic yards of compacted
solid waste.
2. A site used solely for the reclamation of land
through the introduction of landscaping rubble or inert material.
3. Material produced in connection with a mining or
metallurgical operation.
F. Solid waste management service companies and
agencies affected by the landfill disposal fees established by this section may
adjust the fees charged to customers by passing through to the customers the
additional costs.
G. The department shall establish by rule the solid
waste landfill disposal fees.
END_STATUTE
Sec. 5. Section 49-881, Arizona Revised
Statutes, is amended to read:
START_STATUTE
49-881.
Solid waste fee fund; uses; exemption
A. The solid waste fee fund is
established. The director shall administer the fund. The
fund consists of legislative appropriations, donations, gifts, grants,
registration fees collected pursuant to sections 44-1303 and 44-1304.01,
waste tire administrative monies distributed pursuant to section 44-1305,
subsection B, paragraph 1,
lead acid battery collection and
recycling fees collected pursuant to section 44-1322,
licensure
fees collected pursuant to section 49-104, subsection B, paragraph 14,
subdivision (b), solid waste general permit fees collected pursuant to section
49-706, solid waste landfill registration fees from section 49-747,
licensure fees collected pursuant to section 49-761, subsection D,
paragraphs 2 and 3 and subsections H, J and M, solid waste fees collected
pursuant to section 49-762.03, subsection F,
used oil
handler fees collected pursuant to
section 49-802, subsection B,
special waste management plan fees collected pursuant to section 49-857,
special waste management fees collected pursuant to section 49-863,
private consultants expedited plan review fees collected pursuant to section 49-762.03,
subsection G, self-certification filing fees collected pursuant to
section 49-762.05, subsection H,
solid waste landfill
disposal fees collected pursuant to section 49-836,
special waste
fees collected pursuant to section 49-855
, subsection C,
paragraph 2
and coal combustion residuals permit processing fees and
annual fees collected pursuant to section 49-891.
B. Monies in the fund are subject to legislative
appropriation for solid waste control programs established in the funding
sources pursuant to subsection A of this section and as determined by the
director.
C. On notice from the director, the state treasurer
shall invest and divest monies in the fund as provided in section 35-313,
and monies earned from investment shall be credited to the
fund. Monies deposited in the fund are exempt from the provisions of
section 35-190 relating to lapsing of appropriations.
END_STATUTE
Sec. 6. Laws 2021, chapter 27, section 9, as amended by Laws 2023, chapter 78, section 1, is
amended to read:
Sec. 9.
Conditional enactment
A. Section 49-542, Arizona Revised Statutes, as
amended by Laws
2021, chapter 27, section 3, and section
49-542.03, Arizona Revised Statutes, as amended by Laws 2021, chapter 27,
section 4, do not become effective unless on or before July 1,
2027
2029
the United States environmental protection agency
approves the proposed modifications to the vehicle emissions testing program
protocols as part of the state implementation plan for air quality.
B. The director of the department of environmental
quality shall notify in writing the director of the Arizona legislative council
on or before September 1,
2027
2029
either:
1. Of the date on which the condition was met.
2. That the condition was not met.
Sec. 7. Laws 2017, chapter 295, section 3, as
amended by Laws 2022, chapter 177, section 12 and Laws 2024, chapter 70,
section 1, is amended to read:
Sec. 3.
Conditional
enactment; notice
A. Section 3-3493, Arizona Revised Statutes, as
amended by Laws 2017, chapter 295, section 2, does not become effective unless
on or before July 1,
2027
2029
the
United States environmental protection agency approves the proposed
modifications to the gasoline fuel formulation requirements as part of the
state implementation plan for air quality.
B. The director of the department of environmental
quality shall notify in writing the director of the Arizona legislative council
on or before October 1,
2027
2029
either:
1. Of the date on which the condition was met.
2. That the condition was not met.