HB 2126
Initials PAB/JH Page 1 House Engrossed
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-fifth Legislature
Second Regular Session
House: NREW DP 12-0-0-0
HB 2126: hazardous waste program fees
Sponsor: Representative Griffin, LD 14
House Engrossed
Overview
Allows the Arizona Department of Environmental Quality (ADEQ) to set fees for hazardous waste.
History
Hazardous Waste Management
ADEQ administers hazardous waste management programs intended to meet the minimum
standards of federal hazardous waste management laws. ADEQ charges fees to cover the cost
of administrative services and other expenses associated with evaluating applications and issuing
or denying permits (A.R.S. § 49-922). Fees are charged for hazardous waste permits and each
ton of hazardous waste generated, transported and disposed (A.R.S. § 49-931).
A 2011 law prohibited ADEQ from increasing hazardous waste permit fees and fees for generating
and disposing of hazardous waste after September 30, 2013. The law allows hazardous waste
permit fees to be reduced by half if the person complies with a pollution prevention plan (Laws
2011, Chapter 220 codified in A.R.S. § 49-931(A)).
Fee Setting Process
A state agency must have the statutory authority to adopt rules setting fees (A.R.S. § 41-1008).
The rulemaking process requires an agency to publish separate notices for opening a rulemaking
docket and proposing a rule as part of this docket. An agency also must notify anyone who
requested to be updated on proposed rulemaking (A.R.S. §§ 41-1021 and 41-1022). Once the
proposed rule is published, the agency must allow at least a 30-day public comment period. The
agency must also hold a public hearing on the proposed rule if requested (A.R.S. § 41-1023).
After the public comment period ends, the agency has 120 days to either end the rulemaking or
submit the rule to the Governor's Regulatory Review Council or the Attorney General for approval
(A.R.S. § 41-1024).
An agency generally cannot increase a fee by an amount that exceeds the percent change in the
average Consumer Price Index between the latest calendar year and the calendar year when the
last fee increase occurred. The only exceptions are if the agency either submits the fee increase
to JLBC for review before the fee is increased or if the agency is required to submit an annual
report that includes information about this fee to the Legislature (A.R.S. § 41-1008).
Provisions
1. Repeals the prohibition on ADEQ increasing permit fees for hazardous waste treatment,
storage and disposal facilities and fees for generating and disposing of hazardous waste after
September 30, 2013 without specific statutory authorization. (Sec. 1 and 2)
2. Deletes the requirement that JLBC review proposed fees. (Sec. 1 and 2)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note HB 2126
Initials PAB/JH Page 2 House Engrossed
3. Removes the requirement that ADEQ reduce hazardous waste generation and disposal fees
by half for those who comply with a pollution prevention plan (Sec. 2)
4. Makes technical and conforming changes. (Sec. 1 and 2)