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SB1313 - 572R - I Ver
REFERENCE TITLE:
fuel formulations; waiver; posting; confidentiality
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SB 1313
Introduced by
Senator
Payne
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; Amending Title 3, chapter
19, article 6, Arizona Revised Statutes, by adding sections 3-3499 and 3-3500;
amending section 44-1374, Arizona Revised Statutes; relating to fuel
regulations.
(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; exception
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
one
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.
a gasoline that meets 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, 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.
3. A gasoline that meets standards
for federal phase ii reformulated gasoline, as provided in 40 Code of Federal
Regulations sections 1090.200 through 1090.295, in effect on December 4, 2020.�
The gasoline shall also meet the maximum vapor pressure requirements in section
3-3433, subsection F. For the period beginning November 1
through March 31 of each year, the gasoline shall also meet the minimum oxygen
content or percentage requirements prescribed in section 3-3492.
4. A gasoline that meets standards
for California phase 3 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 February 16, 2014. for
the period beginning November 1 through March 31 of each year, the gasoline
shall also meet the requirements prescribed in section 3-3492.
5. A gasoline that meets standards
for federal CONVENTIONAL GASOLINE. the gasoline shall also meet the
maximum vapor pressure REQUIREMENTS in section 3-3433, subsection
F. For the PERIOD BEGINNING November 1 THROUGH MARCH 31 of each
year, the gasoline shall also meet the minimum oxygen CONTENT or percentage
REQUIREMENTS prescribed in section 3-3492.
6. A gasoline or gasoline blend that
meets any of the standards prescribed by this subsection or approved for use by
the United States Environmental Protection agency.
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
one of the following
standards
for
:
1.
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
paragraph
shall meet the requirements of section 3-3492, subsection A,
paragraph 1.
2. Notwithstanding section 3-3433,
subsection D, a gasoline that meets standards for California phase 3
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 February 16, 2014.
3. Notwithstanding section 3-3433,
subsection D, a gasoline that meets standards for federal phase II reformulated
gasoline, as provided in 40 Code of Federal Regulations sections 1090.200
through 1090.295, in effect on December 4, 2020.
4. A gasoline that meets standards
for federal phase II reformulated gasoline, as provided in 40 Code of Federal
Regulations sections 1090.200 through 1090.295, in effect on December 4, 2020.
5. A gasoline that meets standards
for California phase 3 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 February 16, 2014.
6. A gasoline or gasoline blend that
meets any of the standards prescribed by this subsection or approved for use by
the United States environmental protection agency.
C. Any registered supplier or
oxygenate blender, as defined in division rules, may petition the associate
director 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 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 shall either
grant or deny the petition in writing within seven days of its
receipt. Any decision by the associate director 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 verifies that the basis for requesting the petition is
factual.
F. The associate director 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.
c.
The
ASSOCIATE
director of
environmental quality
the division,
in consultation with the
associate
director of the
division
department of
ENVIRONMENTAL QUALITY,
shall adopt by rule:
1. Requirements to implement subsections A
,
and
B
, C and D
of this section.
2. Requirements for recordkeeping, reporting and
analytical methods for fuel providers to demonstrate compliance with
subsections A
,
and
B
, C and D
of this section.
I.
d.
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; exception
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
one
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.
a gasoline that meets 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, 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.
3. A gasoline that meets standards
for federal phase ii reformulated gasoline, as provided in 40 Code of Federal
Regulations sections 1090.200 through 1090.295, in effect on December 4,
2020. The gasoline shall also meet the maximum vapor pressure
requirements in section 3-3433, subsection F.� For the period beginning
November 1 through March 31 of each year, the gasoline shall also meet the
minimum oxygen content or percentage requirements prescribed in section 3-3492.
4. A gasoline that meets standards
for California phase 3 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 February 16, 2014. for
the period beginning November 1 through March 31 of each year, the gasoline
shall also meet the requirements prescribed in section 3-3492.
5. A gasoline that meets standards
for federal CONVENTIONAL GASOLINE. the gasoline shall also meet the
maximum vapor pressure REQUIREMENTS in section 3-3433, subsection
F. For the PERIOD BEGINNING November 1 THROUGH MARCH 31 of each
year, the gasoline shall also meet the minimum oxygen CONTENT or percentage
REQUIREMENTS prescribed in section 3-3492.
6. A gasoline or gasoline blend that
meets any of the standards prescribed by this subsection or approved for use by
the United States Environmental Protection agency.
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
one of the following
standards
for
:
1.
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
paragraph
shall
meet the requirements of section 3-3492, subsection A, paragraph 1 or 2.
2. Notwithstanding section 3-3433,
subsection D, a gasoline that meets standards for California phase 3
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 February 16, 2014.
3. Notwithstanding section 3-3433,
subsection D, a gasoline that meets standards for federal phase II reformulated
gasoline, as provided in 40 Code of Federal Regulations sections 1090.200
through 1090.295, in effect on December 4, 2020.
4. A gasoline that meets standards
for federal phase II reformulated gasoline, as provided in 40 Code of Federal
Regulations sections 1090.200 through 1090.295, in effect on December 4, 2020.
5. A gasoline that meets standards
for California phase 3 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 February 16, 2014.
6. A gasoline or gasoline blend that
meets any of the standards prescribed by this subsection or approved for use by
the United States environmental protection agency.
C. Any registered supplier or
oxygenate blender, as defined in division rules, may petition the associate
director 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 shall either
grant or deny the petition in writing within seven days of its
receipt. Any decision by the associate director 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 verifies that the basis for requesting the petition is
factual.
F. The associate director 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.
c.
The
ASSOCIATE
director of
environmental quality
the division,
in consultation with the
associate
director of the
division
department of
ENVIRONMENTAL quality,
shall adopt by rule:
1. Requirements to implement subsections A
,
and
B
, C and D
of this section.
2. Requirements for recordkeeping, reporting and
analytical methods for fuel providers to demonstrate compliance with
subsections A
,
and
B
, C and D
of this section.
I.
d.
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; exception
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
one
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 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 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 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 verifies that the basis for requesting the petition is
factual.
E. The associate director 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.
b.
The
associate director
of the division
, in consultation with
the director of the department of environmental quality, shall adopt by rule:
1. Requirements to implement
subsections
subsection
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.
c.
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. Title
3, chapter 19, article 6, Arizona Revised Statutes, is amended by adding
sections 3-3499 and 3-3500, to read:
START_STATUTE
3-3499.
Motor fuel waiver requests; definition
A. Any
person may petition the associate director to request a waiver from the
standards for motor fuel prescribed by section 3-3491, 3-3492, 3-3493,
3-3494 or 3-3495 or federal standards established by the United
States environmental protection agency pursuant to the clean air act.
B. A petition for a motor fuel waiver
request pursuant to subsection A of this section shall do all of the following:
1. Identify the specific supply
conditions that will result in a shortage of motor fuel to meet the applicable
standard.
2. Identify the geographic area and
motor fuel standards for which the potential shortage exists.
3. Identify the alternative motor
fuel formulations that will be sold in lieu of the motor fuel that meets the
applicable standards.
4. Specify the time period that the
motor fuel waiver is requested, which may not exceed twenty days.
c. Not later than seven days after
the receipt of a petition submitted pursuant to subsection b of this section,
the associate director of the division, in consultation with the director of
the department of environmental quality and the United States environmental
protection agency, shall:
1. Evaluate the petition.
2. Issue a written decision
determining whether the petition includes the information required by
subsection b of this section and meets the relevant criteria as prescribed in
the clean air act.
3. Transmit a copy of the associate
director's written decision to the petitioner, director of the department of
environmental quality, president of the senate and speaker of the house of
representatives.
D. If the associate director issues a
written decision determining that the petition meets the criteria in subsection
b of this section and the clean air act within twenty-four hours of
transmittal to the director of the department of environmental quality as
prescribed by subsection C of this section, the director of the department of
environmental quality, on behalf of the governor, shall submit a motor fuel
waiver request to the United States environmental protection agency.
E. Any decision issued by the United
States environmental protection agency to waive the applicable federal
standards, and any decision issued by the associate director to waive the
applicable state standards, that results from the submission of a motor fuel
waiver request pursuant to subsection D of this section shall be applied
equally to all regulated persons to which the standards apply. Any
decision that results from the submission of a motor fuel waiver request
pursuant to subsection D of this section shall be provided to the petitioner,
the associate director of the division, the director of the department of
environmental quality, the president of the senate, the speaker of the house of
representatives and all regulated persons to which the standards apply.
F. The director of environmental
quality, in consultation with the associate director of the division, may
submit a written request to the United States environmental protection agency
to extend the motor fuel waiver granted pursuant to subsection D of this
section if the petitioner demonstrates, and the associate director of the
division verifies, that the conditions identified in the petition have
continued. The reauthorization of a motor fuel waiver may not exceed
twenty days.
G. A petition may be submitted
pursuant to subsection A of this section for motor fuel properties that are not
regulated by the United States environmental protection agency. Not
later than seven days after the receipt of a petition submitted pursuant to
this subsection, the associate director of the division shall evaluate the
petition and, after consultation with and concurrence by the director of the
department of environmental quality, issue a written decision determining whether
the petition includes the information required in subsection B of this section
and meets the criteria of the clean air act and whether to issue a waiver to
waive the applicable state motor fuel requirements. The associate
director shall transmit a copy of any written decision the associate director
of the division issues pursuant to this subsection to the petitioner, the
director of the department of environmental quality, the president of the
senate and the speaker of the house of representatives.
H. If any person submits a petition
pursuant to subsection A of this section, the associate director shall provide
written notice that the petition was submitted within two business days of
receipt of the petition to the president of the senate and the speaker of the
house of representatives. For the purposes of this subsection, all
of the following are exempt from the provisions of title 39, chapter 1 and
shall comply with the requirements of section 44-1374:
1. All communication regarding a
petition between the president of the senate or the president's agent and any
other person.
2. All communication regarding a
petition between the speaker of the house of representatives or the speaker's
agent and any other person.
3. All notices the associate director
provides to the president of the senate, the speaker of the house of
representatives or to their respective agents.
i. For the purposes of this section,
"clean air act" has the same meaning prescribed in section 3-3511.
END_STATUTE
START_STATUTE
3-3500.
Approved gasoline formulations; posting requirement
A. The associate director shall post
on the department's website a list of all approved gasoline formulations by
area in this state.� The associate director shall update the list as the United
States environmental protection agency approves or denies new gasoline
formulations pursuant to this article.
B. The associate director shall post
separately on the department's website both of the following:
1. A map that includes all currently
approved gasoline formulations by area in this state.
2. A map of area A, area B and area
C.
END_STATUTE
Sec. 5. Section 44-1374, Arizona Revised
Statutes, is amended to read:
START_STATUTE
44-1374.
Confidentiality of petroleum industry information; disclosure;
supply emergency; definitions
A. A governmental entity shall classify as
confidential and not publicly disclose any documents or other information that
is received from any petroleum industry related private or public source if the
person or entity that provides the information agrees to provide the
information only on the express condition that the information remain
confidential.
B. If a governmental entity receives a request to
publicly disclose information that is confidential information or for any other
reason proposes to publicly disclose confidential information, the governmental
entity shall provide to the person or entity that submitted the confidential
information notice in writing of the request or proposal to
disclose. The notice shall identify the confidential information
that would be disclosed and indicate the form in which the confidential information
would be provided.� On receipt of the notice, the person or entity that
submitted the confidential information has fifteen working days in which to
respond to the notice and to either withdraw the request for confidentiality or
justify to the governmental entity the claim of confidentiality on each
specific item of confidential information covered by the notice.
C. The governmental entity shall consider the
response in determining whether to publicly disclose any confidential
information for which a justification has been submitted.� Unless the
governmental entity determines that there is no trade secret or other
legitimate justification for the confidentiality being claimed by the
respondent, the governmental entity shall not disclose any confidential
information for which a justification has been timely submitted. If
the governmental entity determines that there is no trade secret or other
legitimate justification for all or a portion of the confidentiality claim, the
governmental entity shall issue a written decision that sets forth the reasons
for making that determination. The governmental entity shall deliver
a copy of the decision to the person or entity submitting the confidential
information and the person requesting public disclosure of the confidential
information.
D. Notwithstanding a determination that there is no
legitimate justification for a claim of confidentiality, and to allow the
person or entity that submitted the confidential information to seek direct
judicial intervention to prevent its release, the governmental entity shall not
publicly disclose confidential information submitted to the governmental entity
pursuant to this section for at least fifteen working days after the date on
which the governmental entity has issued and disclosed the written determination
pursuant to this section.
E. If any legal or administrative action is filed
with any court or other agency seeking to force disclosure of any confidential
information, the governmental entity, within five working days
of
after
being served with the action, shall notify in writing
the person or entity that submitted the confidential information of the action
to allow the person or entity that submitted the confidential information to
intervene in the action.
F. Confidential information shall not be classified
or maintained as confidential if the governmental entity determines that the
confidential information has already been made public by the submitting person
or entity and advises, in writing, the person or entity that submitted the
confidential information of this determination. Notwithstanding a determination
that the confidential information has already been made public by the
submitting person or entity, the governmental entity shall not publicly disclose
the confidential information for at least five working days after the
governmental entity has advised the submitting person or entity to allow the
person or entity that submitted the confidential information to seek direct
judicial intervention to prevent its release.
G. This section protects petroleum industry related
confidential information submitted to a governmental entity but does not impose
any requirement that information of any type from any source be submitted to
any governmental entity.
H. If there is a statewide or regional shortage or
threatened shortage of a product or service that is essential to the health,
safety and welfare of the people of this state due to an abnormal market
disruption resulting from any natural disaster, weather condition, act of
nature, strike, civil disorder, war, national or local emergency or other
extraordinary adverse circumstance, the governor may proclaim that a supply
emergency exists. If a supply emergency is declared pursuant to this
subsection and a majority of the persons or entities that are the subject of
the supply emergency has provided information to the governmental entity, the
governmental entity may only disclose the unattributable aggregated total of
all sources of confidential information.
I. For the purposes of this section:
1. "Confidential information" means all of
the following:
(a) The information is not and has not been
reasonably obtainable by legitimate means by other persons without the consent
of the person
or entity
providing the information, other
than by governmental entities and other than in discovery based on a showing of
a special need in a judicial or quasi-judicial proceeding.
(b) A statute does not specifically require
disclosure of the information to the public.
(c) The person
or entity
has
satisfactorily shown that disclosing the information is likely to cause
substantial harm to the competitive position of the person
or
entity
providing the information.
2. "Governmental entity" means an agency,
board, department or commission of this state, the state legislature and all
members,
agencies or committees of the state legislature
and their agents
but does not include the courts of this state.
3. "Publicly disclose" means to reveal the
contents of information that has been classified as confidential to any third
person or entity that is not bound by this section.
END_STATUTE
Sec. 6.
Conditional
enactment; notice
A. Section 3-3493,
Arizona Revised Statutes, as amended by Laws 2016, chapter 232, section 27 and
this act, and section 3-3494, Arizona Revised Statutes, as amended by
this act, do not become effective unless on or before July 1, 2028 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. 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 and on or before July 1, 2028 the
United States environmental protection agency approves the additional proposed
modifications to the gasoline fuel formulation requirements in this act as part
of the state implementation plan for air quality.
C. The director of the
department of environmental quality shall notify the director of the Arizona
legislative council in writing on or before October 1, 2028 either:
1. Of the date on which the
condition prescribed by subsection A or B of this section was met.
2. That neither condition
was met.