HB 2846
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ARIZONA HOUSE OF REPRESENTATIVES
Fifty-fifth Legislature
Second Regular Session
HB 2846: environment; 2022-2023
Sponsor: Representative Cobb (with permission of committee on Rules), LD 5
Committee on Appropriations
Overview
Contains provisions relating to the environment needed to implement the FY 2023 budget.
History
Arizona Water Protection Fund
The Arizona Water Protection Fund provides grants for projects that protect water quality and
quantity and maintain, enhance and restore rivers, streams and riparian habitats (A.R.S. § 45-
2111). This fund is overseen by a commission that consists of two ex officio members, two
advisory members and nine appointed members (A.R.S. §§ 45-2103 and 45-2104).
The Arizona Department of Water Resources (ADWR) provides administrative, technical and
legal support to the commission as funding is available (A.R.S. § 45-2114). Since the FY 2013
Environment Budget Reconciliation Bill (BRB), the commission has been authorized to grant
ADWR up to $336,000 of the fund's unobligated balance to pay for administrative costs (Laws
2012, Chapter 303, § 10).
Underground Storage Tank Revolving Fund
The Underground Storage Tank Revolving Fund covers certain costs for corrective and non-
corrective actions and remediation involving leaking tanks and reimburses ADEQ for costs related
to corrective action requirements and fund administration (A.R.S. § 49-1015). This fund receives
revenue from a 1¢ excise tax that is annually assessed on each gallon of regulated substances
stored in most USTs (A.R.S. § 49-1031).
ADEQ has been authorized to transfer monies from this fund for administrative costs since the
FY 2006 Environment BRB (Laws 2005, Chapter 332, § 5). The amount transferred has been set
at $6,531,000 since the FY 2008 Environment BRB (Laws 2007, Chapter 262, § 7). Beginning
with the FY 2019 Environment BRB, ADEQ also could use these monies to remediate sewage
discharges in Naco and other border areas (Laws 2018, Chapter 280, § 5).
Arizona Navigable Stream Adjudication Commission
The Arizona Navigable Stream Adjudication Commission is a five-member commission that
reviews historical evidence, conducts investigations and determines the navigability of Arizona’s
39,039 watercourses at the time of statehood to determine the title and ownership of the
streambeds (A.R.S. § 37-1121 et seq.). Since the FY 2016 Environment BRB, the commission
has received an appropriation from the Arizona Water Banking Fund to pay for legal expenses
(Laws 2015, Chapter 13, § 7).
Water Quality Assurance Revolving Fund
The Water Quality Assurance Revolving Fund (WQARF) finances efforts to identify, monitor, and
remediate groundwater and overlying soil that has been contaminated by hazardous substances.
Statute establishes a formula for providing $18 million annually to WQARF through a combination
of various revenues and corporate income taxes (A.R.S. § 49-282). However, this funding formula HB 2846
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has been waived since FY 2008 in favor of reducing the amount from corporate income taxes and
appropriating monies from several other program funds ADEQ administers. More recently, the FY
2021 and 2022 Environment BRBs caps the amount of corporate income tax monies transferred
to WQARF at $15 million (Laws 2020, Chapter 55, § 4 and Laws 2021, Chapter 407, § 11).
Vehicle Emission Testing Fees
To help Arizona comply with the Clean Air Act, ADEQ operates the vehicle emissions inspection
program. Vehicles registered in Area A (the Phoenix metropolitan area and parts of Pinal and
Yavapai Counties) and Area B (the Tucson metropolitan area), or that are used to commute to
these areas, must pass an inspection to ensure compliance with minimum emissions standards.
A vehicle generally cannot be sold or registered in these metropolitan areas until it has passed
this inspection (A.R.S. §§ 49-541 and 49-542). Since the FY 2018 Environment BRB, ADEQ has
been directed to charge the same fees it charged in the previous fiscal year for tests in Area A
(Laws 2017, Chapter 308, § 9).
Arizona Department of Agriculture Fees
The Arizona Department of Agriculture (ADA) administers various program funds and charges
fees for services associated with these funds. The ADA's advisory council is a five-member body
that reviews policy and assists the director in drafting administrative rules and the department's
proposed budget (A.R.S. § 3-104).
The Legislature has set specific conditions on ADA's fee-setting practices since the FY 2013
Environment BRB (Laws 2012, Chapter 303, § 15). Similar to BRBs from previous years, the FY
2022 Revenue BRB allowed the department, at the advisory council's recommendation, to
continue, increase or decrease existing fees for services in FY 2022. In doing so, the Legislature
declared its intent that additional fee revenue could not exceed:
• $218,000 to the state General Fund;
• $113,000 to the Pesticide Trust Fund; and
• $26,000 to the Dangerous Plants, Pests and Diseases Trust Fund.
The FY 2022 Revenue BRB also exempted ADA from rulemaking requirements for the purpose
of setting these fees until July 1, 2022 (Laws 2021, Chapter 411, § 10).
Provisions
1. Authorizes the Arizona Water Protection Fund Commission to grant to ADWR up to $336,000
of its fund's unobligated balance for administrative costs in FY 2023. (Sec. 1)
2. Authorizes ADEQ to use up to $6,531,000 from the Underground Storage Tank Revolving
Fund in FY 2023 for its administrative costs and to remediate sewage discharge issues in
Naco and other border areas of Arizona. (Sec. 2)
3. Allows monies appropriated to the Arizona Navigable Stream Adjudication Commission from
the Arizona Water Banking Fund to be used for legal fees in FY 2023. (Sec. 3)
4. Limits to $15,000,000 the amount of corporate income tax monies transferred to WQARF in
FY 2023. (Sec. 4)
5. Directs ADEQ to charge vehicle emissions testing fees in FY 2023 that do not exceed the fees
charged in FY 2022 for testing in Area A. (Sec. 5)
6. Exempts ADEQ from rulemaking requirements until July 1, 2023 for setting vehicle emissions
testing fees. (Sec. 5)
7. Authorizes ADA to continue, increase or lower existing fees charged in FYs 2021 and 2022 in
FY 2023 for services provided in that fiscal year. (Sec. 6)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note HB 2846
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8. Contains a legislative declaration involving revenues generated from ADA fees. (Sec. 6)
9. Exempts the ADA from rulemaking requirements until July 1, 2023 for setting fees. (Sec. 6)