HB 2414 Initials CW/TM Page 1 Natural Resources, Energy & Water ARIZONA HOUSE OF REPRESENTATIVES Fifty-seventh Legislature First Regular Session HB2414: remedial groundwater incentives; PFAS Sponsor: Representative Kolodin, LD 3 Committee on Natural Resources, Energy & Water Overview Outlines regulations, reporting requirements and compliance for the use of remedial groundwater. History The Director of the Arizona Department of Water Resources (ADWR) determines if an assured water supply (AWS) exists and if the groundwater within that active management area is in compliance with the management goal of that area (A.R.S. § 45-576.01). Per- and polyfluoroalkyl substances (PFAs) are man-made chemicals that are used to make products such as firefighting foam, some cosmetics, grease, water and oil resistant products (ASTDR). Provisions 1. Defines approved remedial action project as a project that has been approved by the Arizona Department of Environmental Quality (ADEQ) to recover contaminated sites. (Sec. 1) 2. Defines remedial groundwater as groundwater that is withdrawn along with an approved remedial action plan or contains perfluorooctanesulfonic acid. (Sec. 1) 3. Permits a person who uses remedial groundwater while applying for or holding a certificate or designation of assured water supply is in compliance with the management goal for the active management area. (Sec. 2) 4. Permits the director to authorize up to 65,000 acre-feet of remedial groundwater to be withdrawn for an approved remedial action project that is consistent with the management goal for that AMA. (Sec. 2) 5. Allows a water provider who proposes to use groundwater in the approved remedial action project to apply to the director for a determination that the use of some or all the projected remedial groundwater withdrawals are consistent with the management goal. (Sec. 2) 6. Requires that by January 1, 2026, the director shall amend the rules to treat any groundwater that is withdrawn regarding an approved remedial action project is consistent with the management goals. (Sec. 2) 7. Designates that annual remediated groundwater withdrawal of 250 acre-feet or less that are withdrawn to an approved remedial action project under the comprehensive ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note HB 2414 Initials CW/TM Page 2 Natural Resources, Energy & Water environmental response, compensation and liability act of 1980, a water quality assurance revolving fund program. (Sec. 2) 8. Requires a person with or applying for a certificate or designation of AWS to withdraw or use remedial groundwater that is aligned with the management goal will provide a written notice to the director within not less than one hundred twenty days before commencement of the withdrawal or one hundred twenty days after the effective date of this second, whichever is later that includes; a) the annual volume of remedial groundwater to be withdrawn from each well; b) the time-period in which remedial groundwater will be withdrawn and used; c) the anticipated or actual commencement date of withdrawal or use; d) the purpose for which the remedial groundwater will be used; e) a copy of the document showing that the Department of Environmental Quality of the Environmental Protection Agency has approved the withdrawal and use of remedial groundwater; f) the person who is applying for a certificate of designation of assured water supply to which the remedial groundwater will be used; and g) the name and phone number of the contact for groundwater withdrawal, that is accessible to the Department. (Sec. 3) 9. Defines perfluorooctanesulfonic acid, perfluorooctanoic acid and any other substance that is categorized as a perfluoroalkyl or polyfluoroalkyl substance that is identified in a system is subject to regulation if it exceeds the maximum containment level. (Sec. 4) 10. Repeals Laws 1997, chapter 287, section 52 as amended by Laws 1999, chapter 295, section 50 and Laws 2021, chapter 272, section 1. (Sec. 5) 11. Requires the ADWR to begin accepting applications for the remedial groundwater program within 90 days after the enactment of this measure. (Sec. 6) 12. Makes technical and conforming changes. (Sec. 1)