Assigned to NR FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
FACT SHEET FOR S.B. 1212
biosolids; land application; immunity
Purpose
Requires the Director of the Arizona Department of Environmental Quality (ADEQ) to
adopt rules for the application of biosolids to agricultural lands. Requires the State Land
Commissioner (Commissioner) to require an agricultural lessee of state lands to comply with
outlined regulations, including rules and laws on the use of fertilizers, biosolids and soil
amendments. Prohibits the Commissioner from prohibiting the use of fertilizers, biosolids or soil
amendments as a condition of renewing the lease of state lands if ADEQ has not found that the
lessee's use of state land is in violation of outlined statutory requirements.
Background
When domestic sewage is transported and conveyed to a wastewater treatment plant, it is
treated to separate the liquids from the solids, which produces a semi-solid, nutrient-rich product
known as sewage sludge. The U.S. Environmental Protection Agency (U.S. EPA) typically uses
the term biosolids to mean sewage sludge that has been treated to meet the U.S. EPA's sewage
sludge rules and regulations (U.S. EPA).
The Director of ADEQ (Director) must adopt rules to establish a sewage sludge program
with rules and requirements that are not more stringent than or in conflict with any requirement of
the federal Clean Water Act. The sewage sludge program regulates all sewage sludge use and
disposal practices used in Arizona. The Director must require any land application of a substance
that contains sewage or septage to comply with rules established by the program (A.R.S. §
49-255.03).
State lands means any land owned or held in trust, or otherwise, by Arizona, including
leased school or university land. Agricultural lands mean lands which are used or can be used
principally for: 1) raising crops, fruits, grains and similar farm products; and 2) the controlled
propagation, growth and harvest of algae, known as algaculture (A.R.S. § 37-101).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Requires the Director to adopt rules for the application of biosolids to agricultural lands that
consider the following:
a) the air quality impact to the surrounding area;
b) application conditions; and
c) moisture content. FACT SHEET
S.B. 1212
Page 2
2. Requires the Commissioner to require an agricultural lessee of state lands to comply with all
applicable local ordinances, state and federal and generally accepted farming practices on state
lands, including rules and laws regulating fertilizers, biosolids and soil amendment use.
3. Specifies that a person's use of fertilizers, biosolids and soil amendments on state lands that
are subject to an agricultural lease are presumed to be reasonable if the use complies with
statutorily outlined requirements and rules.
4. Prohibits the Commissioner from prohibiting the use of fertilizers, biosolids or soil
amendments as a condition of renewing the lease of state lands if ADEQ has not found that the
lessee's use of state land is in violation of statutorily outlined rules and requirements.
5. Requires that an agricultural lessee of state lands, upon written request, provide the
Commissioner with a copy of all applicable permits and registration from ADEQ.
6. Immunizes the Commissioner, ADEQ, the State Land Trust and the State of Arizona from all
liabilities or damages arising from any action relating to the use of fertilizers, biosolids or soil
amendments on state land, if they are in compliance with outlined requirements.
7. Requires the outlined adopted rules relating to agricultural general permits to include
requirements for the application of biosolids to agricultural land.
8. Prohibits the outlined adopted rules relating to land application of sewage sludge from
conflicting with the outlined adopted rules relating to the application of biosolids to agricultural
lands.
9. Requires the Agricultural Best Management Practices Committee (Committee) to update the
prescribed adopted rules within one year.
10. Requires the Director or Director's designee, who serves on the Committee, to visit, in person,
an agricultural operation that will be affected by the updated rules not less than two times
during the time period in which the agricultural operation is actively applying biosolids to the
agricultural operation's lands.
11. Repeals the rules related to the Committee on January 1, 2027.
12. Makes technical changes.
13. Becomes effective on the general effective date.
Prepared by Senate Research
February 7, 2025
SB/SN/slp