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SB1491 - 572R - I Ver
REFERENCE TITLE:
air quality fee; rules; applicability
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SB 1491
Introduced by
Senator
Shope
AN
ACT
amending section 49-551, Arizona
Revised Statutes; RELATING to air QUALITY.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 49-551, Arizona Revised
Statutes, is amended to read:
START_STATUTE
49-551.
Air quality fee; air quality fund; purpose
A.
Every person who is
required to register a motor vehicle in this state pursuant to section 28-2153
shall pay, in addition to the registration fee, an annual air quality fee at
the time of vehicle registration
of $1.50
in an amount set by the director in rule
.�
Unless and until the United States environmental protection agency grants a
waiver for diesel fuel pursuant to section 211(c)(4) of the clean air act,
every person who is required to register a diesel powered motor vehicle in this
state with a declared gross weight as defined in section 28-5431 of more
than eight thousand five hundred pounds and every person who is subject to an
apportioned fee for diesel powered motor vehicles collected pursuant to title
28, chapter 7, articles 7 and 8 shall pay an additional apportioned diesel fee
of $10.
B. The registering officer shall collect the fees
and immediately deposit, pursuant to sections 35-146 and 35-147,
the air quality fees in the air quality fund established by subsection C of
this section and shall deposit the diesel fees in the voluntary vehicle repair
program fund established pursuant to section 49-558.02.
C. The air quality fund is established consisting of
monies received pursuant to this section, gifts, grants and donations, and
monies appropriated by the legislature.� The department
of
environmental quality
shall administer the fund. Monies in
the fund are exempt from the provisions of section 35-190 relating to the
lapsing of appropriations.� Interest earned on monies in the fund shall be
credited to the fund.� Monies in the air quality fund shall be used, subject to
legislative appropriation, for:
1. Air quality research, experiments and programs
conducted by or for the department for the purpose of bringing area A or area B
into or maintaining area A or area B in attainment status, improving air
quality in areas of this state outside area A or area B and reducing emissions
of particulate matter, carbon monoxide, oxides of nitrogen, volatile organic
compounds and hazardous air pollutants throughout
the
this
state.
2. Monitoring visible air pollution and developing
and implementing programs to reduce emissions of pollutants that contribute to
visible air pollution in counties with a population of four hundred thousand
persons or more.
3. Developing and adopting rules in compliance with
sections 49-426.03, 49-426.04, 49-426.05 and 49-426.06.
D. The department of
environmental quality shall transfer $400,000 from the air quality fund to the
department of administration for the purposes prescribed by section 49-588
in eight installments in each of the first eight months of a fiscal year.
E. This section does not apply to an electrically
powered golf cart or an electrically powered vehicle.
END_STATUTE
Sec. 2.
Air quality fee
The department of environmental
quality may continue to charge an annual air quality fee of $1.50 until rules
are adopted pursuant to section 49-551, Arizona Revised Statutes, as
amended by this act.