| 1 | 1 | | REFERENCE TITLE: public facilities; environmental policies State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022 SB 1427 Introduced by Senators Mendez: Gonzales, Quezada, Tern; Representatives Andrade, Dalessandro, Hernandez M, Salman, Solorio AN ACT amending title 15, chapter 2, article 2, Arizona Revised Statutes, by adding section 15-240; amending section 34-451, Arizona Revised Statutes; amending title 41, chapter 10, article 1, Arizona Revised Statutes, by adding section 41-1510; relating to public facilities. (TEXT OF BILL BEGINS ON NEXT PAGE) |
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| 5 | 5 | | REFERENCE TITLE: public facilities; environmental policies |
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| 6 | 6 | | State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022 |
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| 7 | 7 | | SB 1427 |
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| 8 | 8 | | Introduced by Senators Mendez: Gonzales, Quezada, Tern; Representatives Andrade, Dalessandro, Hernandez M, Salman, Solorio |
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| 10 | 10 | | REFERENCE TITLE: public facilities; environmental policies |
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| 20 | 20 | | State of Arizona |
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| 22 | 22 | | Senate |
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| 24 | 24 | | Fifty-fifth Legislature |
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| 26 | 26 | | Second Regular Session |
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| 28 | 28 | | 2022 |
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| 36 | 36 | | SB 1427 |
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| 40 | 40 | | Introduced by |
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| 42 | 42 | | Senators Mendez: Gonzales, Quezada, Tern; Representatives Andrade, Dalessandro, Hernandez M, Salman, Solorio |
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| 48 | 48 | | AN ACT |
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| 52 | 52 | | amending title 15, chapter 2, article 2, Arizona Revised Statutes, by adding section 15-240; amending section 34-451, Arizona Revised Statutes; amending title 41, chapter 10, article 1, Arizona Revised Statutes, by adding section 41-1510; relating to public facilities. |
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| 58 | 58 | | (TEXT OF BILL BEGINS ON NEXT PAGE) |
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| 62 | 62 | | Be it enacted by the Legislature of the State of Arizona: Section 1. Title 15, chapter 2, article 2, Arizona Revised Statutes, is amended by adding section 15-240, to read: START_STATUTE15-240. Green cleaning policy; environmentally sensitive cleaning products; exception; guidelines A. On or before December 31, 2023, each school district and charter school shall adopt a green cleaning policy and shall purchase and use environmentally sensitive cleaning products. A school district or charter school may deplete its existing cleaning products before purchasing and using environmentally sensitive cleaning products. B. If adopting a green cleaning policy is not economically feasible, the school district or charter school, until it becomes economically feasible, shall annually notify the department of education in writing, on a form provided by the department, that developing and implementing a green cleaning policy is not economically feasible. Adopting a green cleaning policy is not economically feasible if doing so would result in any increase in the cleaning costs of the school district or charter school. C. The department of education shall determine green cleaning products guidelines and specifications after consulting with the department of environmental quality. After determining the guidelines and specifications, the department of education shall provide each school district and charter school with a written copy of the guidelines and specifications. END_STATUTE Sec. 2. Section 34-451, Arizona Revised Statutes, is amended to read: START_STATUTE34-451. Energy conservation standards for public buildings; annual report A. The governor's energy office, in consultation with persons responsible for building systems, shall adopt and publish energy conservation standards for construction of all new capital projects as defined in section 41-790, including buildings designed and constructed by school districts, community college districts and universities. These standards shall be consistent with the recommended energy conservation standards of the American society of heating, refrigerating and air conditioning engineers and the international energy conservation code. B. The standards shall be adopted to achieve energy conservation and shall allow for design flexibility. C. The following state agencies shall reduce energy use in public buildings that they administer by ten per cent twenty percent per square foot of floor area on or before July 1, 2008 2029, and by fifteen per cent per square foot of floor area on or before July 1, 2011 using July 1, 2001 through June 30, 2002 as the baseline year: 1. The department of administration for its building systems. 2. The Arizona board of regents for its building systems. 3. The department of transportation for its building systems. D. The governor's energy office shall provide technical assistance to the state agencies prescribed in subsection C of this section. On or before July 1 of each year, the energy governor's office shall measure compliance with subsection C of this section, compile the results of that monitoring and report to the speaker of the house of representatives and the president of the senate as to the progress of attaining the goals prescribed in subsection C of this section. The energy governor's office shall include in its report an explanation of the reasons for any failure to achieve energy reductions in specific building systems as prescribed in subsection C of this section. E. All state agencies shall procure energy efficient products that are certified by the United States department of energy or the United States environmental protection agency as energy star or that are certified under the federal energy management program in all categories that are available unless the products are shown not to be cost-effective on a life cycle life-cycle cost basis. F. On or before July 1, 2027, each state agency, university, school district and community college district shall purchase at least ten percent of its energy requirements in public buildings that it administers from green sources. For the purposes of this subsection, "green sources" means renewable and nonpolluting energy sources and includes solar, wind, landfill gas and low-impact hydroelectric generation. G. On or before July 1, 2027, each existing state building that is more than fifty thousand square feet shall conform to the leadership in energy and environmental design existing buildings standards, including the green building rating system developed by the United States green building council, in a manner prescribed by the governor's office. The governor's office shall monitor the United States green building council for changes to the rating system that impact existing state buildings. H. Each new or leased state building shall conform to the leadership in energy and environmental design green building rating system developed by the united states green building council in a manner prescribed by the governor's office. The governor's office shall monitor the United States green building council for changes to the rating system that impact state buildings. END_STATUTE Sec. 3. Title 41, chapter 10, article 1, Arizona Revised Statutes, is amended by adding section 41-1510, to read: START_STATUTE41-1510. Energy and water efficiency fund for public facilities; loans; repayment A. The energy and water efficiency fund for public facilities is established to be administered by the authority. The fund consists of monies appropriated by the legislature, earnings from the fund, gifts or grants donated to the fund and monies authorized pursuant to this section. Monies in the fund are subject to legislative appropriation and shall be used as prescribed by this section. B. On notice from the chief executive officer, the state treasurer may invest and divest monies in the fund as provided by section 35-313. The state treasurer shall credit monies earned from investments to the fund. C. The authority shall establish a program to benefit state agencies, universities, cities, towns, counties and political subdivisions, but not special districts, by providing loans to finance energy and water efficiency measures for public facilities. The authority shall make the sum of $10,000,000 available from the Arizona commerce authority fund established by section 41-1506 to provide approved loans pursuant to this section. The authority shall allocate at least $10,000,000, including loan commitments and cash on hand, to the program and shall administer the monies under its control in a manner that ensures that monies available to the program equal or exceed $5,000,000 at all times. D. The authority shall determine the terms under which it may make a loan pursuant to this section and shall prescribe the interest rate for a loan at the lowest rate the authority determines is sufficient to recover the cost of administering the loan program. E. An entity that receives a loan under this section shall repay the principal of and interest on the loan from the value of energy or water savings that accrues as the result of the energy and water efficiency measures implemented with the borrowed monies. An entity that receives a loan under this section shall repay the loan from the amount budgeted for the entity's energy and water costs. Until the loan is repaid, the legislature may not reduce the amount budgeted for those energy and water costs to reflect the value of energy and water savings that accrues as a result of the energy and water efficiency measures implemented with the borrowed monies. Sec. 4. Green public schools task force; membership; duties; report; delayed repeal A. The green public schools task force is established consisting of the following members: 1. Two members of the senate who are appointed by the president of the senate and who represent different political parties. 2. Two members of the house of representatives who are appointed by the speaker of the house of representatives and who represent different political parties. 3. The chief executive officer of the Arizona commerce authority or the chief executive officer's designee. 4. The director of the division of school facilities or the director's designee. 5. The superintendent of public instruction or the superintendent's designee. 6. A member of a nonprofit organization that is dedicated to sustainable building design and construction. The governor shall appoint this member. 7. One representative of a statewide organization of school district governing board members. The president of the senate shall appoint this member. 8. One representative of a statewide organization of school district administrators. The speaker of the house of representatives shall appoint this member. 9. A member of the public. The governor shall appoint this member. B. The task force shall: 1. Identify the procedures and methods to retrofit public schools in this state to conform to the leadership in energy and environmental design building standards. 2. Recommend a model green cleaning policy for public schools in this state. 3. Make recommendations relating to establishing and financing a system to ensure that existing public schools are retrofitted and new public schools are constructed in a manner that promotes energy efficiency and sustainability. 4. Submit to the governor, the president of the senate and the speaker of the house of representatives a report of its findings and recommendations on or before November 1, 2023. The task force shall provide a copy of its report to the secretary of state. C. Task force members are not eligible to receive compensation, but members appointed pursuant to subsection A, paragraphs 6, 7, 8 and 9 of this section are eligible for reimbursement of expenses under title 38, chapter 4, article 2, Arizona Revised Statutes. D. This section is repealed from and after December 31, 2023. |
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| 64 | 64 | | Be it enacted by the Legislature of the State of Arizona: |
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| 65 | 65 | | |
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| 66 | 66 | | Section 1. Title 15, chapter 2, article 2, Arizona Revised Statutes, is amended by adding section 15-240, to read: |
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| 68 | 68 | | START_STATUTE15-240. Green cleaning policy; environmentally sensitive cleaning products; exception; guidelines |
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| 70 | 70 | | A. On or before December 31, 2023, each school district and charter school shall adopt a green cleaning policy and shall purchase and use environmentally sensitive cleaning products. A school district or charter school may deplete its existing cleaning products before purchasing and using environmentally sensitive cleaning products. |
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| 72 | 72 | | B. If adopting a green cleaning policy is not economically feasible, the school district or charter school, until it becomes economically feasible, shall annually notify the department of education in writing, on a form provided by the department, that developing and implementing a green cleaning policy is not economically feasible. Adopting a green cleaning policy is not economically feasible if doing so would result in any increase in the cleaning costs of the school district or charter school. |
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| 73 | 73 | | |
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| 74 | 74 | | C. The department of education shall determine green cleaning products guidelines and specifications after consulting with the department of environmental quality. After determining the guidelines and specifications, the department of education shall provide each school district and charter school with a written copy of the guidelines and specifications. END_STATUTE |
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| 76 | 76 | | Sec. 2. Section 34-451, Arizona Revised Statutes, is amended to read: |
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| 78 | 78 | | START_STATUTE34-451. Energy conservation standards for public buildings; annual report |
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| 79 | 79 | | |
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| 80 | 80 | | A. The governor's energy office, in consultation with persons responsible for building systems, shall adopt and publish energy conservation standards for construction of all new capital projects as defined in section 41-790, including buildings designed and constructed by school districts, community college districts and universities. These standards shall be consistent with the recommended energy conservation standards of the American society of heating, refrigerating and air conditioning engineers and the international energy conservation code. |
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| 82 | 82 | | B. The standards shall be adopted to achieve energy conservation and shall allow for design flexibility. |
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| 84 | 84 | | C. The following state agencies shall reduce energy use in public buildings that they administer by ten per cent twenty percent per square foot of floor area on or before July 1, 2008 2029, and by fifteen per cent per square foot of floor area on or before July 1, 2011 using July 1, 2001 through June 30, 2002 as the baseline year: |
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| 86 | 86 | | 1. The department of administration for its building systems. |
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| 88 | 88 | | 2. The Arizona board of regents for its building systems. |
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| 90 | 90 | | 3. The department of transportation for its building systems. |
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| 92 | 92 | | D. The governor's energy office shall provide technical assistance to the state agencies prescribed in subsection C of this section. On or before July 1 of each year, the energy governor's office shall measure compliance with subsection C of this section, compile the results of that monitoring and report to the speaker of the house of representatives and the president of the senate as to the progress of attaining the goals prescribed in subsection C of this section. The energy governor's office shall include in its report an explanation of the reasons for any failure to achieve energy reductions in specific building systems as prescribed in subsection C of this section. |
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| 94 | 94 | | E. All state agencies shall procure energy efficient products that are certified by the United States department of energy or the United States environmental protection agency as energy star or that are certified under the federal energy management program in all categories that are available unless the products are shown not to be cost-effective on a life cycle life-cycle cost basis. |
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| 96 | 96 | | F. On or before July 1, 2027, each state agency, university, school district and community college district shall purchase at least ten percent of its energy requirements in public buildings that it administers from green sources. For the purposes of this subsection, "green sources" means renewable and nonpolluting energy sources and includes solar, wind, landfill gas and low-impact hydroelectric generation. |
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| 98 | 98 | | G. On or before July 1, 2027, each existing state building that is more than fifty thousand square feet shall conform to the leadership in energy and environmental design existing buildings standards, including the green building rating system developed by the United States green building council, in a manner prescribed by the governor's office. The governor's office shall monitor the United States green building council for changes to the rating system that impact existing state buildings. |
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| 100 | 100 | | H. Each new or leased state building shall conform to the leadership in energy and environmental design green building rating system developed by the united states green building council in a manner prescribed by the governor's office. The governor's office shall monitor the United States green building council for changes to the rating system that impact state buildings. END_STATUTE |
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| 102 | 102 | | Sec. 3. Title 41, chapter 10, article 1, Arizona Revised Statutes, is amended by adding section 41-1510, to read: |
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| 103 | 103 | | |
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| 104 | 104 | | START_STATUTE41-1510. Energy and water efficiency fund for public facilities; loans; repayment |
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| 106 | 106 | | A. The energy and water efficiency fund for public facilities is established to be administered by the authority. The fund consists of monies appropriated by the legislature, earnings from the fund, gifts or grants donated to the fund and monies authorized pursuant to this section. Monies in the fund are subject to legislative appropriation and shall be used as prescribed by this section. |
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| 107 | 107 | | |
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| 108 | 108 | | B. On notice from the chief executive officer, the state treasurer may invest and divest monies in the fund as provided by section 35-313. The state treasurer shall credit monies earned from investments to the fund. |
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| 109 | 109 | | |
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| 110 | 110 | | C. The authority shall establish a program to benefit state agencies, universities, cities, towns, counties and political subdivisions, but not special districts, by providing loans to finance energy and water efficiency measures for public facilities. The authority shall make the sum of $10,000,000 available from the Arizona commerce authority fund established by section 41-1506 to provide approved loans pursuant to this section. The authority shall allocate at least $10,000,000, including loan commitments and cash on hand, to the program and shall administer the monies under its control in a manner that ensures that monies available to the program equal or exceed $5,000,000 at all times. |
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| 111 | 111 | | |
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| 112 | 112 | | D. The authority shall determine the terms under which it may make a loan pursuant to this section and shall prescribe the interest rate for a loan at the lowest rate the authority determines is sufficient to recover the cost of administering the loan program. |
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| 113 | 113 | | |
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| 114 | 114 | | E. An entity that receives a loan under this section shall repay the principal of and interest on the loan from the value of energy or water savings that accrues as the result of the energy and water efficiency measures implemented with the borrowed monies. An entity that receives a loan under this section shall repay the loan from the amount budgeted for the entity's energy and water costs. Until the loan is repaid, the legislature may not reduce the amount budgeted for those energy and water costs to reflect the value of energy and water savings that accrues as a result of the energy and water efficiency measures implemented with the borrowed monies. |
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| 116 | 116 | | Sec. 4. Green public schools task force; membership; duties; report; delayed repeal |
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| 118 | 118 | | A. The green public schools task force is established consisting of the following members: |
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| 120 | 120 | | 1. Two members of the senate who are appointed by the president of the senate and who represent different political parties. |
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| 121 | 121 | | |
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| 122 | 122 | | 2. Two members of the house of representatives who are appointed by the speaker of the house of representatives and who represent different political parties. |
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| 123 | 123 | | |
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| 124 | 124 | | 3. The chief executive officer of the Arizona commerce authority or the chief executive officer's designee. |
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| 125 | 125 | | |
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| 126 | 126 | | 4. The director of the division of school facilities or the director's designee. |
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| 127 | 127 | | |
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| 128 | 128 | | 5. The superintendent of public instruction or the superintendent's designee. |
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| 129 | 129 | | |
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| 130 | 130 | | 6. A member of a nonprofit organization that is dedicated to sustainable building design and construction. The governor shall appoint this member. |
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| 131 | 131 | | |
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| 132 | 132 | | 7. One representative of a statewide organization of school district governing board members. The president of the senate shall appoint this member. |
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| 133 | 133 | | |
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| 134 | 134 | | 8. One representative of a statewide organization of school district administrators. The speaker of the house of representatives shall appoint this member. |
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| 135 | 135 | | |
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| 136 | 136 | | 9. A member of the public. The governor shall appoint this member. |
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| 137 | 137 | | |
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| 138 | 138 | | B. The task force shall: |
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| 140 | 140 | | 1. Identify the procedures and methods to retrofit public schools in this state to conform to the leadership in energy and environmental design building standards. |
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| 141 | 141 | | |
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| 142 | 142 | | 2. Recommend a model green cleaning policy for public schools in this state. |
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| 143 | 143 | | |
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| 144 | 144 | | 3. Make recommendations relating to establishing and financing a system to ensure that existing public schools are retrofitted and new public schools are constructed in a manner that promotes energy efficiency and sustainability. |
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| 145 | 145 | | |
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| 146 | 146 | | 4. Submit to the governor, the president of the senate and the speaker of the house of representatives a report of its findings and recommendations on or before November 1, 2023. The task force shall provide a copy of its report to the secretary of state. |
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| 148 | 148 | | C. Task force members are not eligible to receive compensation, but members appointed pursuant to subsection A, paragraphs 6, 7, 8 and 9 of this section are eligible for reimbursement of expenses under title 38, chapter 4, article 2, Arizona Revised Statutes. |
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| 149 | 149 | | |
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| 150 | 150 | | D. This section is repealed from and after December 31, 2023. |
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