HB 2020
Initials EB/BSR Page 1 Caucus & COW
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
House: NREW DP 5-4-0-1
HB 2020: long-term storage; stormwater; rainwater; rules
Sponsor: Representative Griffin, LD 19
Caucus & COW
Overview
Grants long-term storage credits to a person that develops or plans to develop infrastructure
in an active management area (AMA) that results in increased natural, incidental or artificial
recharge to the groundwater basin.
History
Long-term storage credits are earned when permitted facilities in an AMA store water
underground through direct or indirect recharge. This stored water is eligible for credits
when it:
1) is stored underground for at least one year;
2) cannot reasonably be used directly, with certain exceptions for the Pinal AMA related
to implementing the Drought Contingency Plan; and
3) would not have been naturally recharged within the AMA.
A person that holds long-term storage credits may recover these credits by pledging them
towards an Assured Water Supply, meeting replenishment obligations or leasing or selling
them subject to certain limitations. Additionally, the holder can withdraw the stored water
from the same AMA at a later date provided certain statutory criteria are met (A.R.S. §§ 45-
832.01, 45-834.01, 45-851.01, 45-852.01, 45-854.01).
Provisions
1. Specifies that water that incidentally recharges an aquifer caused by the development of
infrastructure in an AMA is qualified as an underground storage facility. (Sec. 1)
2. Entitles a person that develops or plans to develop infrastructure in an AMA that results
in increased natural, incidental or artificial recharge to the groundwater basin to earn
and hold long-term storage credits in an amount that does not exceed the level of
increased recharge or projected increased recharge. (Sec. 2)
3. Requires the ADWR Director by January 1, 2025 to adopt rules that promote new
construction of facilities that are eligible to earn long-term storage credits, including:
a) stormwater detention basins that increase natural, incidental or artificial recharge;
b) roadways and sidewalks that facilitate stormwater recharge; and
c) any other public infrastructure that facilitates rainwater or stormwater recharge.
(Sec. 2)
4. States the rules adopted by the ADWR Director must include:
a) an application timeline;
b) procedures for certifying qualifying infrastructure;
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note HB 2020
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c) criteria for eligibility;
d) formulations for quantifying the increased recharge or projected increased recharge
and the corresponding long-term storage credits that are expected to be earned over
the useful life of the infrastructure. (Sec. 2)
5. Exempts a person that applies for long-term storage credits pursuant to this section from
storage facility permitting requirements. (Sec. 2)