Arizona 2022 2022 Regular Session

Arizona House Bill HB2126 Comm Sub / Analysis

Filed 03/07/2022

                    Assigned to NREW 	FOR COMMITTEE 
 
 
 
 
ARIZONA STATE SENATE 
Fifty-Fifth Legislature, Second Regular Session 
 
FACT SHEET FOR H.B. 2126 
 
hazardous waste program fees 
Purpose 
Allows the Arizona Department of Environmental Quality (ADEQ) to increase fees 
relating to hazardous waste. 
Background 
The ADEQ Director (Director) must adopt rules to establish a Hazardous Waste 
Management Program that is consistent with, but not more stringent than, federal hazardous waste 
regulations. A hazardous waste treatment, storage or disposal facility must possess a permit to 
conduct activities and services related to hazardous waste. The Director must establish an 
application fee to cover the cost of administrative services and other expenses associated with 
permit issuance. ADEQ must establish fees for the generation, transportation and disposal of 
hazardous waste. The fees must be: 1) subject to public notice and comment; and 2) reviewed by 
the Joint Legislative Budget Committee (A.R.S. ยงยง 49-922 and 49-931). Laws 2011, Chapter 220 
prohibited ADEQ from increasing fees for hazardous waste facility permits, generation, 
transportation and disposal after September 30, 2013, without specific statutory authority. 
There is no anticipated fiscal impact to the state General Fund associated with this 
legislation. 
Provisions 
1. Repeals the prohibition against ADEQ increasing, without specific statutory authority, fees 
for: 
a) hazardous waste treatment, storage and disposal facility permit applications;  
b) each ton of hazardous waste generated and shipped off-site by a person; 
c) each ton of hazardous waste disposed of by an owner or operator of a facility that disposes 
of hazardous waste; and 
d) each ton of hazardous waste delivered to a disposal facility. 
2. Removes, for proposed fee increases regarding hazardous waste, the required: 
a) public notice and comment; and  
b) Joint Legislative Budget Committee review. 
3. Makes technical changes. 
4. Becomes effective on the general effective date. 
   FACT SHEET 
H.B. 2126 
Page 2 
 
 
House Action 
NREW  1/18/22  DP  12-0-0-0 
3
rd
 Read  2/17/22   51-7-2 
Prepared by Senate Research 
March 7, 2022 
RC/MAH/slp