- i - Conference Engrossed

State of Arizona
Senate Forty-eighth Legislature First Regular Session 2007



# SENATE BILL 1552

AN ACT

AMENDING SECTION 9-500.04, ARIZONA REVISED STATUTES; AMENDING TITLE 9, CHAPTER 4, ARTICLE 8, ARIZONA REVISED STATUTES, BY ADDING SECTION 9-500.27; AMENDING SECTIONS 11-871 AND 11-872, ARIZO NA REVISED STATUTES; AMENDING TITLE 11, CHAPTER 6, ARTICLE 4, ARIZONA REVISED STATUTES, BY ADDING SECTION 11-877; AMENDING SECTIONS 28-1098 AND 28-6705, ARIZONA REVISED STATUTES; AMENDING SECTION 41-2083, ARIZONA REVISED STATUTES, AS AMENDED BY LAWS 2007, CHAPTER 145, SECTION 1; AMENDING SECTION 41-2083, ARIZONA REVISED STATUTES, AS AMENDED BY LAWS 2007, CHAPTER 145, SECTION 2; AMENDING TITLE 41, CHAPTER 15, ARTICLE 3, ARIZONA REVISED STATUTES, BY ADDING SECTION 41-2083.01; AMENDING SECTION 41-2121, ARIZONA REVISED STATUTES; AMENDING TITLE 41, CHAPTER 15, ARTICLE 6, ARIZONA REVISED STATUTES, BY ADDING SECTION 41-2124.01; AMENDING SECTION 41-2124.01, ARIZONA REVISED STATUTES, AS ADDED BY SECTION 12 OF THIS ACT; AMENDING SECTION 49-457, ARIZONA REVISED STATUTES; AMENDING TITLE 49, CHAPTER 3, ARTICLE 2, ARIZONA REVISED STATUTES, BY ADDING SECTIONS 49-457.01, 49-457.02, 49-457.03 AND 49-457.04; AMENDING SECTION 49-474.01, ARIZONA REVISED STATUTES; AMENDING TITLE 49, CHAPTER 3, ARTICLE 3, ARIZONA REVISED STATUTES, BY ADDING SECTIONS 49-474.05, 49-474.06 AND 49-474.07; AMENDING SECTION 49-501, ARIZONA REVISED STATUTES; AMENDING SECTION 49-542, ARIZONA REVISED STATUTES, AS AMENDED BY LAWS 2007, CHAPTER 171, SECTION 5; RELATING TO AIR QUALITY; PROVIDING FOR CONDITIONAL ENACTMENTS.

(TEXT OF BILL BEGINS ON NEXT PAGE)S.B. 1552

- 1 - Be it enacted by the Legislature of the State of Arizona: 1 Section 1. Section 9-500.04, Arizona Revised Statutes, is amended to 2 read: 3 9-500.04

. Air quality control; definitions 4 A. The governing body of a city or town in area A or AREA B as defined 5 in section 49-541 shall: 6 1. If the city has a population exceeding fifty thousand persons 7 according to the 1995 special census, adjust the work hours of at least 8 eighty-five per cent of municipal employees each year beginning October 1 and 9 ending April 1 in order to reduce the level of carbon monoxide , OZONE AND 10 PARTICULATE MATTER concentrations caused by vehicular travel. 11 2. In area A, in consultation with the designated metropolitan 12 planning organization, synchronize traffic control signals on all existing 13 and new roadways, within and across jurisdictional boundaries, whic h THAT 14 have a traffic flow AVERAGE DAILY TRIPS exceeding fifteen thousand motor 15 vehicles per day. 16 3. In area A, beginning on January 1, 2000 2008 , develop and implement 17 plans to stabilize targeted unpaved roads, alleys and unpaved shoulders on 18 targeted arterials. The plans shall address the performance goals, the 19 criteria for targeting the roads, alleys and shoulders, a schedule for 20 implementation, funding options and reporting requirements. PRIORITY SHALL 21 BE GIVEN TO THE FOLLOWING: 22 ( a ) UNPAVED ROADS WITH MORE THAN ONE HUNDRED AVERAGE DAILY TRIPS. 23 ( b ) UNPAVED SHOULDERS ON ARTERIAL ROADS AND OTHER ROAD SEGMENTS WHERE 24 VEHICLE USE ON UNPAVED SHOULDERS IS EVIDENT OR ANTICIPATED DUE TO PROJECTED 25 TRAFFIC VOLUME. 26 4. In area A, acquire or utilize vacuum systems or other dust removal 27 technology to reduce the particulates attributable to conventional crack 28 sealing operations as existing equipment is retired. 29 5. IN AREA A, IN ORDER TO REDUCE PARTICULATE MATTER IN AMBIENT AIR: 30 (a) BEGINNING MARCH 31, 2008, ON ANY HIGH POLLUTION ADVISORY DAY 31 FORECAST BY THE DEPARTMENT OF ENVIRONMENTAL QUALITY PROHIBIT EMPLOYEES OR 32 CONTRACTORS OF THAT CITY OR TOWN FROM OPERATING LEAF BLOWERS EXCEPT WHILE IN 33 VACUUM MODE AND PROHIBIT THOSE EMPLOYEES OR CONTRACTORS FROM BLOWING 34 LANDSCAPE DEBRIS INTO PUBLIC ROADWAYS AT ANY TIME. 35 (b) NO LATER THAN MARCH 31, 2008, ADOPT, IMPLEMENT AND ENFORCE AN 36 ORDINANCE THAT BANS THE BLOWING OF LANDSCAPE DEBRIS INTO PUBLIC ROADWAYS AT 37 ANY TIME BY ANY PERSON. 38 6. IN AREA A, NO LATER THAN MARCH 31, 2008, ADOPT OR AMEND CODES OR 39 ORDINANCES AND, NO LATER THAN OCTOBER 1, 2008, COMMENCE ENFORCEMENT OF THOSE 40 CODES OR ORDINANCES AS NECESSARY TO REQUIRE THAT PARKING, MANEUVERING, 41 INGRESS AND EGRESS AREAS AT DEVELOPMENTS OTHER THAN RESIDENTIAL BUILDINGS 42 WITH FOUR OR FEWER UNITS ARE MAINTAINED WITH ONE OR MORE OF THE FOLLOWING 43 DUSTPROOF PAVING METHODS: 44S.B. 1552

- 2 - ( a ) ASPHALTIC CONCRETE. 1 ( b ) CEMENT CONCRETE. 2 ( c ) PENETRATION TREATMENT OF BITUMINOUS MATERIAL AND SEAL COAT OF 3 BITUMINOUS BINDER AND A MINERAL AGGREGATE. 4 ( d ) A STABILIZATION METHOD APPROVED BY THE CITY OR TOWN. 5 7. IN AREA A, NO LATER THAN MARCH 31, 2008, ADOPT OR AMEND CODES OR 6 ORDINANCES AND, NO LATER THAN OCTOBER 1, 2009, COMMENCE ENFORCEMENT OF THOSE 7 CODES OR ORDINANCES AS NECESSARY TO REQUIRE THAT PARKING, MANEUVERING, 8 INGRESS AND EGRESS AREAS THAT ARE THREE THOUSAND SQUARE FEET OR MORE IN SIZE 9 AT RESIDENTIAL BUILDINGS WITH FOUR OR FEWER UNITS ARE MAINTAINED WITH A 10 PAVING OR STABILIZATION METHOD AUTHORIZED BY THE CITY OR TOWN BY CODE, 11 ORDINANCE OR PERMIT. 12 8. IN AREA A, NO LATER THAN MARCH 31, 2008, ADOPT OR AMEND CODES OR 13 ORDINANCES AS NECESSARY TO RESTRICT VEHICLE PARKING AND USE ON UNPAVED OR 14 UNSTABILIZED VACANT LOTS. 15 9. IN AREA A, NO LATER THAN MARCH 31, 2008, REQUIRE THAT NEW OR 16 RENEWED CONTRACTS FOR STREET SWEEPING ON CITY STREETS MUST BE CONDUCTED WITH 17 STREET SWEEPERS THAT MEET THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT 18 RULE 1186 STREET SWEEPER CERTIFICATION SPECIFICATIONS FOR PICK UP EFFICIENCY 19 AND PM-10 EMISSIONS IN EFFECT ON JANUARY 1, 2007. 20 5. 10. In area B, synchronize traffic control signals on all roadways 21 which THAT have a traffic flow AVERAGE DAILY TRIPS exceeding fifteen thousand 22 motor vehicles per day. 23 B. The governing body of a city or town in area B as defined in 24 section 49-541 may make and enforce ordinances to reduce or encourage the 25 reduction of the commuter use of motor vehicles by employees of the city or 26 town and employees whose place of employment is within the city or town. 27 C. Except as provided in subsection F of this section, the governing 28 body of a city or town in area A as defined in section 49-541 in a county 29 with a population of more than one million two hundred thousand persons 30 according to the most recent United States decennial census shall develop and 31 implement a vehicle fleet plan for the purpose of encouraging and 32 progressively increasing the use of alternative fuels and clean burning fuels 33 in city or town owned vehicles. The plan shall include a timetable for 34 increasing the use of alternative fuels and clean burning fuels in fleet 35 vehicles either through purchase or conversion. 36 D. The timetable shall reflect the following schedule and percentage 37 of vehicles which THAT operate on alternative fuels and clean burning fuels: 38 1. At least eighteen per cent of the total fleet by December 31, 1995. 39 2. At least twenty-five per cent of the total fleet by December 31, 40 1996. 41 3. At least fifty per cent of the total fleet by December 31, 1998. 42 4. At least seventy-five per cent of the total fleet by December 31, 43 2000 and each year thereafter. 44S.B. 1552

- 3 - E. The requirements of subsections C and D of this section may be 1 waived on receipt of evidence acceptable to the city or town council that the 2 city or town is unable to acquire or be provided equipment or refueling 3 facilities necessary to operate vehicles using alternative fuels or clean 4 burning fuels at a projected cost that is reasonably expected to result in 5 net costs of no greater than ten per cent more than the net costs associated 6 with the continued use of conventional gasoline or diesel fuels measured over 7 the expected useful life of the equipment or facilities supplied. 8 Applications for waivers shall be filed with the department of environmental 9 quality pursuant to section 49-412. An entity that receives a waiver 10 pursuant to this section shall retrofit fleet heavy-duty diesel vehicles with 11 a gross vehicle weight of eight thousand five hundred pounds or more, that 12 were manufactured in or before model year 1993 and that are the subject of 13 the waiver with a technology that is effective at reducing particulate MATTER 14 emissions at least twenty-five per cent or more and that has been approved by 15 the United States environmental protection agency pursuant to the urban bus 16 engine retrofit/rebuild program. The entity shall comply with the 17 implementation schedule pursuant to section 49-555. 18 F. The plan prescribed by subsection C of this section shall include 19 provisions for the use of alternative fuels and clean burning fuels in the 20 bus fleet operated by that city or town or a regional public transportation 21 authority, except that all newly purchased buses shall use alternative fuel 22 or clean burning fuel. The bus fleet shall comply with the timetable 23 prescribed by subsection D of this section, except that the requirements of 24 subsections C and D of this section may be waived on receipt of certification 25 supported by evidence acceptable to the department of environmental quality 26 that the city or town is unable to acquire or be provided equipment or 27 refueling facilities necessary to operate vehicles using alternative fuels or 28 clean burning fuels at a projected cost that is reasonably expected to result 29 in net costs of no greater than twenty per cent more than the net costs 30 associated with the continued use of conventional gasoline or diesel fuels 31 measured over the expected useful life of the equipment or facilities 32 supplied. 33 G. If the requirements of subsections C, D and F of this section are 34 met by the use of clean burning fuel, vehicle equivalents under those 35 requirements shall be calculated as follows: 36 1. One vehicle equivalent for every four hundred fifty gallo ns of neat 37 biodiesel or two thousand two hundred fifty gallons of a diesel fuel 38 substitute prescribed in section 1-215, paragraph 7, subdivision (b). 39 2. One vehicle equivalent for every five hundred thirty gallons of the 40 fuel prescribed in section 1-215, paragraph 7, subdivision (d). 41 H. SUBSECTION A, PARAGRAPHS 5 THROUGH 8 OF THIS SECTION DO NOT APPLY 42 TO ANY SITE THAT HAS A PERMIT ISSUED BY A CONTROL OFFICER AS DEFINED IN 43 SECTION 49-471 FOR THE CONTROL OF FUGITIVE DUST FROM DUST GENERATING 44 OPERATIONS. 45S.B. 1552

- 4 - H. I. For the purposes of this sec tion, "alternative fuel" and "clean 1 burning fuel" have the same meanings prescribed in section 1-215. 2 Sec. 2. Title 9, chapter 4, article 8, Arizona Revised Statutes, is 3 amended by adding section 9-500.27, to read: 4 9-500.27. Off-road vehicle ordinance; applicability; violation; 5 classification 6 A. NO LATER THAN MARCH 31, 2008, IN AREA A, AS DEFINED IN SECTION 7 49-541, A CITY OR TOWN SHALL ADOPT, IMPLEMENT AND ENFORCE AN ORDINANCE THAT 8 PROHIBITS THE OPERATION OF ANY VEHICLE, INCLUDING AN OFF-HIGHWAY VEHICLE, AN 9 ALL-TERRAIN VEHICLE OR AN OFF-ROAD RECREATIONAL MOTOR VEHICLE, ON AN UNPAVED 10 SURFACE THAT IS NOT A PUBLIC OR PRIVATE ROAD, STREET OR LAWFUL EASEMENT AND 11 THAT IS CLOSED BY THE LANDOWNER BY RULE OR REGULATION OF A FEDERAL AGENCY, 12 THIS STATE, A COUNTY OR A MUNICIPALITY OR BY PROPER POSTING IF THE LAND IS 13 PRIVATE LAND. 14 B. THIS SECTION DOES NOT APPLY TO THE OPERATION OF VEHICLES USED IN 15 THE NORMAL COURSE OF BUSINESS OR THE NORMAL COURSE OF GOVERNMENT OPERATIONS. 16 C. THIS SECTION DOES NOT PROHIBIT OR PREEMPT THE ENFORCEMENT OF ANY 17 SIMILAR ORDINANCE THAT IS ADOPTED BY A CITY OR TOWN IN AREA A, AS DEFINED IN 18 SECTION 49-541, BEFORE MARCH 31, 2008 FOR PURPOSES OF DUST ABATEMENT. 19 D. A PERSON WHO VIOLATES AN ORDINANCE ADOPTED PURSUANT TO SUBSECTION A 20 OF THIS SECTION IS GUILTY OF A CLASS 3 MISDEMEANOR. 21 E. IN ADDITION TO OR IN LIEU OF A FINE PURSUANT TO THIS SECTION, A 22 JUDGE MAY ORDER THE PERSON TO PERFORM AT LEAST EIGHT BUT NOT MORE THAN 23 TWENTY-FOUR HOURS OF COMMUNITY RESTITUTION OR TO COMPLETE AN APPROVED SAFETY 24 COURSE RELATED TO THE OFF-HIGHWAY OPERATION OF MOTOR VEHICLES, OR BOTH. 25 Sec. 3. Section 11-871, Arizona Revised Statutes, is amended to read: 26 11-871

. Emissions control; no burn; exemptions; penalty 27 A. A county that contains any part of area A

, as defined in section 28 49-541, shall , by September 1, 1999, develop, implement and enforce in area 29 A, as defined in section 49-541, an ordinance relating to residential wood 30 burning restrictions, including a no burn restriction when monitoring or 31 forecasting indicates BY THE DEPARTMENT OF ENVIRONMENTAL QUALITY PREDICTS the 32 carbon monoxide standard is likely to be exceeded. 33 B. ON OR BEFORE OCTOBER 31, 2007, A COUNTY THAT CONTAINS ANY PART OF 34 AREA A, AS DEFINED IN SECTION 49-541, SHALL AMEND THE ORDINANCE PRESCRIBED BY 35 SUBSECTION A OF THIS SECTION TO INCLUDE A NO BURN RESTRICTION FOR ANY HIGH 36 POLLUTION ADVISORY DAY FORECAST BY THE DEPARTMENT OF ENVIRONMENTAL QUALITY 37 FOR PARTICULATE MATTER. 38 B. C. The ordinance shall provide an exemption for the use of 39 residential wood stoves, wood fireplaces or gas fired fireplaces that comply 40 with any of the following: 41 1. Provides the sole or primary source of heat or fuel for cooking for 42 a residence. 43S.B. 1552

- 5 - 2. Meets performance standards for new residential wood heaters 1 manufactured on or after July 1, 1990 or sold at retail on or after July 1, 2 1992 as prescribed by 40 Code of Federal Regulations part 60, subpart AAA. 3 3. Burns gaseous fuels, including gas logs. 4 4. Meets rules adopted by the board of supervisors as prescribed in 5 section 49-479 for burning wood in approved appliances. 6 C. D. The ordinance shall provide that a person who violates an 7 ordinance adopted pursuant to this section is subject to: 8 1. A warning for the first violation. 9 2. The imposition of a civil penalty of fifty dollars for the second 10 violation. 11 3. The imposition of a civil penalty of one hundred dollars for a THE 12 third or any subsequent violation. 13 4. THE IMPOSITION OF A CIVIL PENALTY OF TWO HUNDRED FIFTY DOLLARS FOR 14 THE FOURTH OR ANY SUBSEQUENT VIOLATION. 15
D. E. For violations of ordinances adopted pursuant to this section, 16 the control officer shall use a uniform civil ticket and complaint 17 substantially similar to a uniform traffic ticket and complaint prescribed by 18 the rules of procedure in civil traffic cases adopted by the supreme court. 19 The control officer may issue citations to persons in violation of ordinances 20 adopted pursuant to this section. 21 Sec. 4. Section 11-872, Arizona Revised Statutes, is amended to read: 22 11-872

. Control techniques; rules; schedule for adoption 23 A. If the administrator of the United States environmental protection 24 agency makes a finding relating to area A, as defined in section 49-541, 25 pursuant to the clean air act amendments of 1990 (P.L. 101-549), section 172, 26 the county shall adopt by rule the necessary emission limitations or other 27 standards reflecting control techniques guidelines issued by the United 28 States environmental protection agency pursuant to the clean air act 29 amendments of 1990, section 183 in order to achieve emissions reductions 30 sufficient to respond to the finding. 31 B. The county shall begin to develop rules which THAT incorporate the 32 provisions of the control techniques guidelines being developed by the United 33 States environmental protection agency. The rule making process shall 34 parallel as closely as possible the United States environmental protection 35 agency process and incorporate adequate public notice and comment. The 36 county shall make every practical effort to assure the rules are consistent 37 with the concepts and provisions embodied in the United States environmental 38 protection agency process. Within sixty days of AFTER the formal a doption of 39 the United States environmental protection agency control techniques 40 guidelines for an industry sector, the county shall adopt rules, emission 41 limitations or other standards reflecting such guidelines. If the guidelines 42 are required pursuant to subsection A of this section prior to formal 43 adoption by the administrator of the guidelines, the county rules shall 44 become effective within sixty days of AFTER the United States environmental 45S.B. 1552

- 6 - protection agency finding. The county shall determine which industry sector 1 shall be subject to the requirements of this section. 2 C. If the director of the department of environmental quality 3 determines that e missions inventory data, monitoring information and modeling 4 or projections indicate it is likely that reasonable further progress or 5 attainment will not be achieved in order to comply with the clean air act 6 amendments of 1990 OR ACHIEVE OR MAINTAIN NATIONAL AMBIENT AIR QUALITY 7 STANDARDS OR OTHER AIR QUALITY STANDARDS APPLICABLE TO OZONE PRECURSORS , the 8 county shall adopt rules necessary to achieve emissions reductions to achieve 9 reasonable further progress or attainment. The rules shall be based on 10 technically feasible controls to reduce the emissions of volatile organic 11 compounds from industry sectors that the United States environmental 12 protection agency is considering for control technique guidelines. 13 D. All emissions reductions required pursuant to this section shall be 14 achieved FOR PURPOSES OF THE ONE-HOUR OZONE STANDARD no later than June 1, 15 1996 AND FOR PURPOSES OF THE EIGHT-HOUR AVERAGED OZONE STANDARD NO LATER THAN 16 DECEMBER 31, 2008

. 17 Sec. 5. Title 11, chapter 6, article 4, Arizona Revised Statutes, is 18 amended by adding section 11-877, to read: 19 11-877. Air quality control measures 20 A. IN ORDER TO REDUCE PARTICULATE MATTER IN AMBIENT AIR, THE BOARD OF 21 SUPERVISORS OF ANY COUNTY THAT CONTAINS ANY PORTION OF AREA A, AS DEFINED IN 22 SECTION 49-541, SHALL DEVELOP, IMPLEMENT AND ENFORCE IN AREA A THE FOLLOWING 23 AIR QUALITY CONTROL MEASURES: 24 1. BEGINNING ON THE EFFECTIVE DATE OF THIS SECTION, PROHIBIT EMPLOYEES 25 OR CONTRACTORS OF THAT COUNTY FROM OPERATING LEAF BLOWERS ON ANY HIGH 26 POLLUTION ADVISORY DAY FORECAST BY THE DEPARTMENT OF ENVIRONMENTAL QUALITY 27 EXCEPT WHILE IN VACUUM MODE AND PROHIBIT THOSE EMPLOYEES OR CONTRACTORS FROM 28 BLOWING LANDSCAPE DEBRIS INTO PUBLIC ROADWAYS AT ANY TIME. 29 2. NO LATER THAN MARCH 31, 2008, ADOPT, IMPLEMENT AND ENFORCE AN 30 ORDINANCE THAT BANS THE BLOWING OF LANDSCAPE DEBRIS INTO PUBLIC ROADWAYS AT 31 ANY TIME BY ANY PERSON. 32 3. NO LATER THAN MARCH 31, 2008, ADOPT, IMPLEMENT AND ENFORCE AN 33 ORDINANCE THAT PROHIBITS THE OPERATION OF LEAF BLOWERS EXCEPT ON SURFACES 34 THAT HAVE BEEN STABILIZED WITH ASPHALTIC CONCRETE, CEMENT CONCRETE, 35 HARDSCAPE, PENETRATION TREATMENT OF BITUMINOUS MATERIAL AND SEAL COAT OF 36 BITUMINOUS BINDER AND A MINERAL AGGREGATE, DECOMPOSED GRANITE COVER, CRUSHED 37 GRANITE COVER, AGGREGATE COVER, GRAVEL COVER, OR GRASS OR OTHER CONTINUOUS 38 VEGETATIVE COVER, OR ANY COMBINATION OF THOSE STABILIZERS. 39 B. THIS SECTION DOES NOT APPLY TO ANY SITE THAT HAS A PERMIT ISSUED BY 40 A CONTROL OFFICER AS DEFINED IN SECTION 49-471 FOR THE CONTROL OF FUGITIVE 41 DUST FROM DUST GENERATING OPERATIONS. 42S.B. 1552

- 7 - Sec. 6. Se ction 28-1098, Arizona Revised Statutes, is amended to read: 1 28-1098

. Vehicle loads; restrictions; civil penalties 2 A. FOR THE PURPOSE OF HIGHWAY SAFETY OR AIR POLLUTION PREVENTION, a 3 person shall not drive or move a vehicle on a highway unless the vehicle is 4 constructed or loaded in a manner to prevent any of its load from dropping, 5 sifting, leaking or otherwise escaping from the vehicle, except that either 6 THE FOLLOWING ARE PERMITTED : 7 1. SUFFICIENT sand may be dropped for the purpose of securing 8 traction. 9 2. Water or another substance may be sprinkled on a roadway in 10 cleaning or maintaining the roadway. 11 3. MINOR PIECES OF AGRICULTURAL MATERIALS SUCH AS LEAVES AND STEMS 12 FROM AGRICULTURAL LOADS. 13 B. A person shall not operate a vehicle on a highway with a load 14 unless the load and any covering on the load are securely fastened in a 15 manner to prevent the covering or load from becoming loose, detached or in 16 any manner a hazard to other users of the highway. 17 C. If a person is found in violation of this section and the 18 violation: 19 1. Does not cause any damage or injury and is the person's: 20 (a) First violation in a sixty month period, the person is subject to a 21 civil penalty of up to NOT MORE THAN two hundred fifty dollars. 22 (b) Second or subsequent violation in a sixty month period, the person 23 is subject to a civil penalty of up to NOT MORE THAN three hundred fifty 24 dollars. 25 2. Results in an accident causing serious physical injury as defined 26 in section 13-105 to another person, the person is subject to a civil penalty 27 of up to NOT MORE THAN five hundred dollars. 28 3. Results in an accident causing the death of another person, the 29 person is subject to a civil penalty of up to NOT MORE THAN one thousand 30 dollars. 31 Sec. 7. Se ction 28-6705, Arizona Revised Statutes, is amended to read: 32 28-6705

. Public road and street maintenance 33 A. The board of supervisors may spend public monies for maintenance of 34 public roads and streets other than legally designated state and county 35 highways located without the limits of an incorporated city or town. Before 36 spending public monies under this section, the roads or streets shall be 37 both: 38 1. Laid out, opened and constructed without cost to the county. 39 2. Completed pursuant to a plat approved pursuant to sections 11-802 40 and 11-806.01 and in accordance with standard engineering road specifications 41 adopted by the board of supervisors to ensure uniform compliance. 42 B. The board of supervisors may spend public monies for maintenance of 43 public roads and streets laid out, constructed and opened before June 13, 44S.B. 1552

- 8 - 1975 even if the roads and streets were not constructed in accordance with 1 subsection A of this section. 2 C. Maintenance of a public road or street does not include purchasing 3 or laying cement. To reduce long-term maintenance costs for maintenance 4 authorized by this section, the board of supervisors may spend monies to add 5 rock products, gravel and processed materials to the base of the roads and 6 streets. Petroleum based or nonpetroleum based products may be used in the 7 maintenance and repair of unpaved roads, alleys and shoulders identified 8 pursuant to section 9-500.04 or section 49-474.01 OR UNPAVED ROADS, ALLEYS 9 AND SHOULDERS IN ANY COUNTY WHERE THE CONTROL OFFICER AS DEFINED IN SECTION 10 49-471 CERTIFIES TO THE BOARD OF SUPERVISORS THAT EMISSIONS FROM SUCH ROADS, 11 ALLEYS OR SHOULDERS MAY ENDANGER COMPLIANCE WITH THE NATIONAL AMBIENT AIR 12 QUALITY STANDARD AS DEFINED IN SECTION 49-401.01

. 13 Sec. 8. Section 41-2083, Arizona Revised Statutes, as amended by Laws 14 2007, chapter 145, section 1, is amended to read: 15 41-2083

. Standards for motor fuel; exceptions 16 A. Except as provided in SECTION 41-2083.01 AND subsections C, D, E, 17 F, G, K, L, M and N of this section, a retail seller or fleet owner shall not 18 store, sell or expose or offer for sale any motor fuel, kerosene, oil or 19 other liquid or gaseous fuel or lubricating oil, lubricant, mixtures of 20 lubricants or other similar products if the product fails to meet the 21 standards specified in this section and in the rules adopted by the director. 22 B. A person shall not misrepresent the nature, origination, quality, 23 grade or identity of any product specified in subsection A of this section or 24 represent the nature, origination, quality, grade or identity of such product 25 in any manner calculated or tending to mislead or in any way deceive. 26 C. After consultation with the director of the department of 27 environmental quality, the standards and test methods for motor fuels shall 28 be established by the director of the department of weights and measures by 29 rule. 30 D. Maximum vapor pressure for gasoline that is supplied or sold by any 31 person and that is intended as a final product for the fueling of motor 32 vehicles in a county with a population of one million two hundred thousand or 33 more persons and any portion of a county contained in area A as defined in 34 section 49-541 shall be 9.0 pounds per square inch from and after September 35 30 through March 31 of each year. Fuel used in motor vehicles at a 36 manufacturer's proving ground or a motor vehicle racing event as defined by 37 section 41-2121 is exempt from this subsection. 38 E. From and after September 30 through March 31 of each year a person 39 shall not supply or sell gasoline that exceeds the ASTM D4814 class A vapor 40 pressure/distillation class ten volume per cent evaporated distillation 41 temperature. 42 F. Maximum vapor pressure for gasoline that is supplied or sold by any 43 person and that is intended as a final product for the fueling of motor 44 vehicles in a county with a population of one million two hundred thousand 45S.B. 1552

- 9 - persons or more and any portion of a county contained in area A as defined in 1 section 49-541 shall be 7.0 pounds per square inch from and after May 31 2 through September 30 of each year. Fuel used in motor vehicles at a 3 manufacturer's proving ground or a motor vehicle racing event as defined by 4 section 41-2121 is exempt from this subsection. 5 G. Exclusively for the purposes of transportation conformity and only 6 if the administrator of the United States environmental protection agency 7 fails to approve the applicable plan required pursuant to section 49-406, 8 maximum vapor pressure for gasoline that is supplied or sold by any person 9 and that is intended as a final product for the fueling of motor vehicles in 10 area B as defined in section 49-541 shall be ten pounds per square inch from 11 and after September 30 through March 31 of each year. Fuel used in motor 12 vehicles at a manufacturer's proving ground or a motor vehicle racing event 13 as defined by section 41-2121 is exempt from this subsection. 14 H. Notwithstanding subsections D, F and G of this section, the 15 director of the department of weights and measures in consultation with the 16 director of the department of environmental quality shall approve alternate 17 fuel control measures that are submitted by manufacturers or suppliers of 18 gasoline and that the directors determine will result in either of the 19 following: 20 1. Motor vehicle carbon monoxide emissions that are equal to or less 21 than emissions that result under compliance with subsection D of this section 22 and section 41-2123. In making this determination, the director of the 23 department of weights and measures and the director of the department of 24 environmental quality shall compare the emissions of the alternate fuel 25 control measure with the emissions of a fuel with a maximum vapor pressure 26 standard as prescribed by this section and with the minimum oxygen content or 27 percentage by volume of ethanol as prescribed by section 41-2123. 28 2. Motor vehicle non-methane hydrocarbon emissions that are equal to 29 or less than the emissions that result under compliance with subsection F of 30 this section. In making this determination, the director of the department 31 of weights and measures and the director of the department of environmental 32 quality shall compare the motor vehicle non-methane hydrocarbon emissions of 33 the alternate fuel control measure with the motor vehicle non-methane 34 hydrocarbon emissions of a fuel that complies with the maximum vapor pressure 35 standard as prescribed by subsection F of this section. 36 I. Any alternate fuel control measures that are approved shall not 37 increase emissions of non-methane hydrocarbons, particulates, carbon monoxide 38 or oxides of nitrogen. Alternate fuel control measures approved pursuant to 39 subsection H of this section and this subsection may be used by any 40 manufacturer or supplier of gasoline unless the approval is rescinded more 41 than one hundred eighty days before the first day of a gasoline control 42 period. Manufacturers and suppliers who use an approved alternate fuel 43 control measure shall annually submit a compliance plan to the director of 44S.B. 1552

- 10 - the department of weights and measures no later than sixty days before the 1 first day of a gasoline control period. 2 J. A person shall not sell or offer or expose for sale diesel fuel 3 grade 1, 2 or 4 as defined in ASTM D975 that contains sulfur in excess of: 4 1. For low sulfur diesel fuel, five hundred parts per million by 5 weight for use in area A as defined in section 49-541. 6 2. For ultra low sulfur diesel fuel, the amount that conforms with 40 7 Code of Federal Regulations section 80.520(a)(1). 8 K. A person shall not sell or offer or expose for sale biodiesel that 9 is not tested or does not meet the specifications established by ASTM D6751 10 or any blend of biodiesel and diesel fuel that is not tested or does not meet 11 the specifications established by ASTM D975 and that contains sulfur in 12 excess of five hundred parts per million for use in area A as defined in 13 section 49-541. 14 L. A person that blends biodiesel that is intended as a final product 15 for the fueling of motor vehicles shall report to the director by the 16 fifteenth day of each month the quantity and quality of biodiesel shipped to 17 or produced in this state during the preceding month. A person who supplies 18 biodiesel subject to this subsection shall report the following by batch: 19 1. The percentage of biodiesel in a final blend. 20 2. The volume of the finished product. 21 3. For neat biodiesel, the results of analysis for those parameters 22 established by ASTM D6751. 23 4. For biodiesel blended with any diesel fuel, the results of the 24 analysis of the following motor fuel parameters as established by ASTM D975: 25 (a) Sulfur content. 26 (b) Aromatic hydrocarbon content. 27 (c) Cetane number. 28 (d) Specific gravity. 29 (e) American petroleum institute gravity. 30 (f) The temperatures at which ten per cent, fifty per cent and ninety 31 per cent of the diesel fuel boiled off during distillation. 32 M. The report required by subsection L of this section shall be on a 33 form prescribed by the director and shall contain a certification of 34 truthfulness and accuracy of the data submitted and a statement of the 35 supplier's consent permitting the department or its authorized agent to 36 collect samples and access records as provided in rules adopted by the 37 department. A corporate officer who is responsible for operations at the 38 facility that produces or ships the final product shall sign the report. 39 N. A person shall label dispensers at which biodiesel is dispensed in 40 such a manner as to notify other persons of the volume percentage of 41 biodiesel in the finished product and that conforms with 40 Code of Federal 42 Regulations sections 80.570, 80.571, 80.572, 80.573 and 80.574 to inform the 43 customer of the sulfur content of the diesel fuel being dispensed. 44S.B. 1552

- 11 - O. A person shall label each dispenser at which ultra low sulfur 1 diesel fuel is dispensed in a manner that conforms with 40 Code of Federal 2 Regulations sections 80.570, 80.571, 80.572, 80.573 and 80.574 to inform the 3 customer of the sulfur content of the diesel fuel being dispensed. 4 P. A person shall label each dispenser at which low sulfur diesel fuel 5 is dispensed in a manner that conforms with 40 Code of Federal Regulations 6 sections 80.570, 80.571, 80.572, 80.573 and 80.574 to inform the customer of 7 the sulfur content of the diesel fuel being dispensed. 8 Q. If any person transfers custody or title of a diesel fuel or 9 distillate, except if the diesel fuel is dispensed into a motor vehicle or 10 nonroad, locomotive or marine equipment, the transferor shall provide to the 11 transferee product transfer documents that conform with 40 Code of Federal 12 Regulations section 80.590. 13 R. If the transfer of a motor fuel is from a terminal, storage 14 facility, or transmix facility, the product transfer documents shall contain 15 the information prescribed in subsection Q of this section as well as the 16 name and address of the final destination for the shipment, as prescribed by 17 department rule, and must accompany the shipment to its final destination. 18 Sec. 9. Section 41-2083, Arizona Revised Statutes, as amended by Laws 19 2007, chapter 145, section 2, is amended to read: 20 41-2083

. Standards for motor fuel; exceptions 21 A. Except as provided in SECTION 41-2083.01 AND subsections C, D, E, 22 F, G, K, L, M and N of this section, a retail seller or fleet owner shall not 23 store, sell or expose or offer for sale any motor fuel, kerosene, oil or 24 other liquid or gaseous fuel or lubricating oil, lubricant, mixtures of 25 lubricants or other similar products if the product fails to meet the 26 standards specified in this section and in the rules adopted by the director. 27 B. A person shall not misrepresent the nature, origination, quality, 28 grade or identity of any product specified in subsection A of this section or 29 represent the nature, origination, quality, grade or identity of such product 30 in any manner calculated or tending to mislead or in any way deceive. 31 C. After consultation with the director of the department of 32 environmental quality, the standards and test methods for motor fuels shall 33 be established by the director of the department of weights and measures by 34 rule. 35 D. Maximum vapor pressure for gasoline that is supplied or sold by any 36 person and that is intended as a final product for the fueling of motor 37 vehicles in a county with a population of one million two hundred thousand or 38 more persons and any portion of a county contained in area A as defined in 39 section 49-541 shall be 9.0 pounds per square inch from and after September 40 30 through January 31 of each year. Fuel used in motor vehicles at a 41 manufacturer's proving ground or a motor vehicle racing event as defined by 42 section 41-2121 is exempt from this subsection. 43 E. From and after September 30 through March 31 of each year a person 44 shall not supply or sell gasoline that exceeds the ASTM D4814 class A vapor 45S.B. 1552

- 12 - pressure/distillation class ten volume per cent evaporated distillation 1 temperature. 2 F. Maximum vapor pressure for gasoline that is supplied or sold by any 3 person and that is intended as a final product for the fueling of motor 4 vehicles in a county with a population of one million two hundred thousand 5 persons or more and any portion of a county contained in area A as defined in 6 section 49-541 shall be 7.0 pounds per square inch from and after May 31 7 through September 30 of each year. Fuel used in motor vehicles at a 8 manufacturer's proving ground or a motor vehicle racing event as defined by 9 section 41-2121 is exempt from this subsection. 10 G. Exclusively for the purposes of transportation conformity and only 11 if the administrator of the United States environmental protection agency 12 fails to approve the applicable plan required pursuant to section 49-406, 13 maximum vapor pressure for gasoline that is supplied or sold by any person 14 and that is intended as a final product for the fueling of motor vehicles in 15 area B as defined in section 49-541 shall be ten pounds per square inch from 16 and after September 30 through March 31 of each year. Fuel used in motor 17 vehicles at a manufacturer's proving ground or a motor vehicle racing event 18 as defined by section 41-2121 is exempt from this subsection. 19 H. Notwithstanding subsections D, F and G of this section, the 20 director of the department of weights and measures in consultation with the 21 director of the department of environmental quality shall approve alternate 22 fuel control measures that are submitted by manufacturers or suppliers of 23 gasoline and that the directors determine will result in either of the 24 following: 25 1. Motor vehicle carbon monoxide emissions that are equal to or less 26 than emissions that result under compliance with subsection D of this section 27 and section 41-2123. In making this determination, the director of the 28 department of weights and measures and the director of the department of 29 environmental quality shall compare the emissions of the alternate fuel 30 control measure with the emissions of a fuel with a maximum vapor pressure 31 standard as prescribed by this section and with the minimum oxygen content or 32 percentage by volume of ethanol as prescribed by section 41-2123. 33 2. Motor vehicle non-methane hydrocarbon emissions that are equal to 34 or less than the emissions that result under compliance with subsection F of 35 this section. In making this determination, the director of the department 36 of weights and measures and the director of the department of environmental 37 quality shall compare the motor vehicle non-methane hydrocarbon emissions of 38 the alternate fuel control measure with the motor vehicle non-methane 39 hydrocarbon emissions of a fuel that complies with the maximum vapor pressure 40 standard as prescribed by subsection F of this section. 41 I. Any alternate fuel control measures that are approved shall not 42 increase emissions of non-methane hydrocarbons, particulates, carbon monoxide 43 or oxides of nitrogen. Alternate fuel control measures approved pursuant to 44 subsection H of this section and this subsection may be used by any 45S.B. 1552

- 13 - manufacturer or supplier of gasoline unless the approval is rescinded more 1 than one hundred eighty days before the first day of a gasoline control 2 period. Manufacturers and suppliers who use an approved alternate fuel 3 control measure shall annually submit a compliance plan to the director of 4 the department of weights and measures no later than sixty days before the 5 first day of a gasoline control period. 6 J. A person shall not sell or offer or expose for sale diesel fuel 7 grade 1, 2 or 4 as defined in ASTM D975 that contains sulfur in excess of: 8 1. For low sulfur diesel fuel, five hundred parts per million by 9 weight for use in area A as defined in section 49-541. 10 2. For ultra low sulfur diesel fuel, the amount that conforms with 40 11 Code of Federal Regulations section 80.520(a)(1). 12 K. A person shall not sell or offer or expose for sale biodiesel that 13 is not tested or does not meet the specifications established by ASTM D6751 14 or any blend of biodiesel and diesel fuel that is not tested or does not meet 15 the specifications established by ASTM D975 and that contains sulfur in 16 excess of five hundred parts per million for use in area A as defined in 17 section 49-541. 18 L. A person who blends biodiesel that is intended as a final product 19 for the fueling of motor vehicles shall report to the director by the 20 fifteenth day of each month the quantity and quality of biodiesel shipped to 21 or produced in this state during the preceding month. A person who supplies 22 biodiesel subject to this subsection shall report the following by batch: 23 1. The percentage of biodiesel in a final blend. 24 2. The volume of the finished product. 25 3. For neat biodiesel, the results of analysis for those parameters 26 established by ASTM D6751. 27 4. For biodiesel blended with any diesel fuel, the results of the 28 analysis of the following motor fuel parameters as established by ASTM D975: 29 (a) Sulfur content. 30 (b) Aromatic hydrocarbon content. 31 (c) Cetane number. 32 (d) Specific gravity. 33 (e) American petroleum institute gravity. 34 (f) The temperatures at which ten per cent, fifty per cent and ninety 35 per cent of the diesel fuel boiled off during distillation. 36 M. The report required by subsection L of this section shall be on a 37 form prescribed by the director and shall contain a certification of 38 truthfulness and accuracy of the data submitted and a statement of the 39 supplier's consent permitting the department or its authorized agent to 40 collect samples and access records as provided in rules adopted by the 41 department. A corporate officer who is responsible for operations at the 42 facility that produces or ships the final product shall sign the report. 43 N. A person shall label dispensers at which biodiesel is dispensed in 44 such a manner as to notify other persons of the volume percentage of 45S.B. 1552

- 14 - biodiesel in the finished product and that conforms with 40 Code of Federal 1 Regulations sections 80.570, 80.571, 80.572, 80.573 and 80.574 to inform the 2 customer of the sulfur content of the diesel fuel being dispensed. 3 O. A person shall label each dispenser at which ultra low sulfur 4 diesel fuel is dispensed in a manner that conforms with 40 Code of Federal 5 Regulations sections 80.570, 80.571, 80.572, 80.573 and 80.574 to inform the 6 customer of the sulfur content of the diesel fuel being dispensed. 7 P. A person shall label each dispenser at which low sulfur diesel fuel 8 is dispensed in a manner that conforms with 40 Code of Federal Regulations 9 sections 80.570, 80.571, 80.572, 80.573 and 80.574 to inform the customer of 10 the sulfur content of the diesel fuel being dispensed. 11 Q. If any person transfers custody or title of a diesel fuel or 12 distillate, except if the diesel fuel is dispensed into a motor vehicle or 13 nonroad, locomotive or marine equipment, the transferor shall provide to the 14 transferee product transfer documents that conform with 40 Code of Federal 15 Regulations section 80.590. 16 R. If the transfer of a motor fuel is from a terminal, storage 17 facility, or transmix facility, the product transfer documents shall contain 18 the information prescribed in subsection Q of this section as well as the 19 name and address of the final destination for the shipment, as prescribed by 20 department rule, and must accompany the shipment to its final destination. 21 Sec. 10. Title 41, chapter 15, article 3, Arizona Revised Statutes, is 22 amended by adding section 41-2083.01, to read: 23 41-2083.01. Area C; standards for motor fuel; exceptions 24 A. EXCEPT AS PROVIDED IN SUBSECTIONS C AND D OF THIS SECTION, AFTER 25 MAY 31, 2008, A RETAIL SELLER OR FLEET OWNER SHALL NOT STORE, SELL OR EXPOSE 26 OR OFFER FOR SALE IN AREA C AS DEFINED IN SECTION 41-2121 ANY MOTOR FUEL, 27 KEROSENE, OIL OR OTHER LIQUID OR GASEOUS FUEL OR LUBRICATING OIL, LUBRICANT, 28 MIXTURES OF LUBRICANTS OR OTHER SIMILAR PRODUCTS IF THE PRODUCT FAILS TO MEET 29 THE STANDARDS SPECIFIED IN THIS SECTION AND IN THE RULES ADOPTED BY THE 30 DIRECTOR. 31 B. A PERSON SHALL NOT MISREPRESENT THE NATURE, ORIGINATION, QUALITY, 32 GRADE OR IDENTITY OF ANY PRODUCT SPECIFIED IN SUBSECTION A OF THIS SECTION OR 33 REPRESENT THE NATURE, ORIGINATION, QUALITY, GRADE OR IDENTITY OF SUCH PRODUCT 34 IN ANY MANNER CALCULATED OR TENDING TO MISLEAD OR IN ANY WAY DECEIVE. 35 C. AFTER CONSULTATION WITH THE DIRECTOR OF THE DEPARTMENT OF 36 ENVIRONMENTAL QUALITY, THE STANDARDS AND TEST METHODS FOR MOTOR FUELS SHALL 37 BE ESTABLISHED BY THE DIRECTOR OF THE DEPARTMENT OF WEIGHTS AND MEASURES BY 38 RULE. 39 D. MAXIMUM VAPOR PRESSURE FOR GASOLINE THAT IS SUPPLIED OR SOLD BY ANY 40 PERSON AND THAT IS INTENDED AS A FINAL PRODUCT FOR THE FUELING OF MOTOR 41 VEHICLES IN AREA C AS DEFINED IN SECTION 41-2121 SHALL BE 7.0 POUNDS PER 42 SQUARE INCH FROM AND AFTER MAY 31 THROUGH SEPTEMBER 30 OF EACH YEAR. FUEL 43 USED IN MOTOR VEHICLES AT A MANUFACTURER'S PROVING GROUND OR A MOTOR VEHICLE 44 RACING EVENT AS DEFINED BY SECTION 41-2121 IS EXEMPT FROM THIS SUBSECTION. 45S.B. 1552

- 15 - E. THE DIRECTOR OF THE DEPARTMENT OF WEIGHTS AND MEASURES IN 1 CONSULTATION WITH THE DIRECTOR OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY 2 SHALL APPROVE ALTERNATE FUEL CONTROL MEASURES THAT ARE SUBMITTED BY 3 MANUFACTURERS OR SUPPLIERS OF GASOLINE AND THAT THE DIRECTORS DETERMINE WILL 4 RESULT IN MOTOR VEHICLE NON-METHANE HYDROCARBON EMISSIONS THAT ARE EQUAL TO 5 OR LESS THAN THE EMISSIONS THAT RESULT UNDER COMPLIANCE WITH SUBSECTION D OF 6 THIS SECTION. IN MAKING THIS DETERMINATION, THE DIRECTOR OF THE DEPARTMENT 7 OF WEIGHTS AND MEASURES AND THE DIRECTOR OF THE DEPARTMENT OF ENVIRONMENTAL 8 QUALITY SHALL COMPARE THE MOTOR VEHICLE NON-METHANE HYDROCARBON EMISSIONS OF 9 THE ALTERNATE FUEL CONTROL MEASURE WITH THE MOTOR VEHICLE NON-METHANE 10 HYDROCARBON EMISSIONS OF A FUEL THAT COMPLIES WITH THE MAXIMUM VAPOR PRESSURE 11 STANDARD AS PRESCRIBED BY SUBSECTION D OF THIS SECTION. 12 F. ANY ALTERNATE FUEL CONTROL MEASURES THAT ARE APPROVED SHALL NOT 13 INCREASE EMISSIONS OF NON-METHANE HYDROCARBONS, PARTICULATES, CARBON MONOXIDE 14 OR OXIDES OF NITROGEN. ALTERNATE FUEL CONTROL MEASURES APPROVED PURSUANT TO 15 SUBSECTION E OF THIS SECTION AND THIS SUBSECTION MAY BE USED BY ANY 16 MANUFACTURER OR SUPPLIER OF GASOLINE UNLESS THE APPROVAL IS RESCINDED MORE 17 THAN ONE HUNDRED EIGHTY DAYS BEFORE THE FIRST DAY OF A GASOLINE CONTROL 18 PERIOD. MANUFACTURERS AND SUPPLIERS WHO USE AN APPROVED ALTERNATE FUEL 19 CONTROL MEASURE SHALL ANNUALLY SUBMIT A COMPLIANCE PLAN TO THE DIRECTOR OF 20 THE DEPARTMENT OF WEIGHTS AND MEASURES NO LATER THAN SIXTY DAYS BEFORE THE 21 FIRST DAY OF A GASOLINE CONTROL PERIOD. 22 Sec. 11. Section 41-2121, Arizona Revised Statutes, is amended to 23 read: 24 41-2121

. Definitions 25 In this article, unless the context otherwise requires: 26 1. "Area A" has the same meaning prescribed in section 49-541. 27 2. "Area B" has the same meaning prescribed in section 49-541. 28 3. "AREA C" MEANS THAT PORTION OF PINAL COUNTY LYING WEST OF RANGE 11 29 EAST, EXCLUDING THAT PORTION OF THE COUNTY LYING WITHIN AREA A AS DEFINED IN 30 SECTION 49-541 AND THAT PORTION OF THE COUNTY WITHIN THE JURISDICTION OF ANY 31 INDIAN TRIBE, BAND, GROUP OR COMMUNITY THAT IS RECOGNIZED BY THE UNITED 32 STATES SECRETARY OF THE INTERIOR AND THAT EXERCISES GOVERNMENTAL AUTHORITY 33 WITHIN THE LIMITS OF ANY INDIAN RESERVATION UNDER THE JURISDICTION OF THE 34 UNITED STATES GOVERNMENT, NOTWITHSTANDING THE ISSUANCE OF ANY PATENT AND 35 INCLUDING RIGHTS-OF-WAY RUNNING THROUGH THE RESERVATION. 36 3. 4. "Fleet owner" means a registered owner or lessee of at least 37 twenty-five vehicles. 38 4. 5. "Gasoline" means a volatile, highly flammable liquid mixture of 39 hydrocarbons that does not contain more than five one-hundredths grams of 40 lead for each United States gallon, that is produced, refined, manufactured, 41 blended, distilled or compounded from petroleum, natural gas, oil, shale oils 42 or coal and other flammable liquids free from undissolved water, sediment or 43 suspended matter, with or without additives, and that is commonly used as a 44S.B. 1552

- 16 - fuel for spark ignition internal combustion engines. Gasoline does not 1 include diesel fuel or the ethanol blend E85 as defined in ASTM D5798-99. 2 5. 6. "Manufacturer's proving ground" means a facility whose sole 3 purpose is to develop complete advanced vehicles for an automotive 4 manufacturer. 5 6. 7. "Motor vehicle racing event" means a race that uses unlicensed 6 vehicles that are designed and manufactured specifically for racing purposes 7 and that is conducted on a public or private racecourse for the entertainment 8 of the general public. A motor vehicle racing event includes practice, 9 qualifying and demonstration laps conducted as part of the activities related 10 to a motor vehicle race. 11
7. 8. "Oxygenate" means any oxygen-containing ashless, organic 12 compound, including aliphatic alcohols and aliphatic ethers, that m ay be used 13 as a fuel or as a gasoline blending component and that is approved as a 14 blending agent under the provisions of a waiver issued by the United States 15 environmental protection agency pursuant to 42 United States Code section 16 7545(f). 17 8. 9. "Oxygenated fuel" means an unleaded motor fuel blend that 18 consists primarily of gasoline and at least one and one-half per cent by 19 weight of one or more oxygenates and that has been blended consistent with 20 the provisions of a waiver issued by the United States environmental 21 protection agency pursuant to 42 United States Code section 7545(f). 22 9. 10. "Product transfer document" means any bill of lading, loading 23 ticket, manifest, delivery receipt, invoice or other documentation used on 24 any occasion when a person transfers custody or title of motor fuel other 25 than when motor fuel is sold or dispensed at a service station or fleet 26 vehicle fueling facility. 27 10. 11. "Supplier" means any person who imports gasoline into a 28 vehicle emissions control area by means of a pipeline or in truckload 29 quantities for the person's own use within the vehicle emissions control area 30 or any person who sells gasoline intended for ultimate consumption within a 31 vehicle emissions control area, except that supplier does not mean a person 32 with respect to gasoline supplied or sold by the person to another for resale 33 to a retailer within a vehicle emissions control area or to a fleet owner for 34 consumption within a vehicle emissions control area. 35 11. 12. "Vehicle emissions control area" has the same meaning 36 prescribed in section 49-541, except that such an area does not include a 37 manufacturer's proving ground that is located in the vehicle emissions 38 control area. 39 Sec. 12. Title 41, chapter 15, article 6, Arizona Revised Statutes, is 40 amended by adding section 41-2124.01, to read: 41 41-2124.01. Area C; fuel reformulation; rules 42 A. FROM AND AFTER MAY 31, 2008 THROUGH SEPTEMBER 30, 2008 AND DURING 43 THE PERIOD FROM AND AFTER MAY 31 THROUGH SEPTEMBER 30 OF EACH SUBSEQUENT 44 YEAR, ALL GASOLINE PRODUCED AND SHIPPED TO OR WITHIN THIS STATE AND SOLD OR 45S.B. 1552

- 17 - OFFERED FOR SALE FOR USE IN MOTOR VEHICLES IN AREA C SHALL COMPLY WITH EITHER 1 OF THE FOLLOWING FUEL REFORMULATION OPTIONS: 2 1. A GASOLINE THAT MEETS STANDARDS FOR FEDERAL PHASE II REFORMULATED 3 GASOLINE, AS PROVIDED IN 40 CODE OF FEDERAL REGULATIONS SECTION 80.41, 4 PARAGRAPHS ( e ) THROUGH ( h ), IN EFFECT ON JANUARY 1, 1999, EXCEPT THAT THE 5 MINIMUM OXYGEN CONTENT STANDARD DOES NOT APPLY. THE GASOLINE SHALL ALSO MEET 6 THE MAXIMUM VAPOR PRESSURE REQUIREMENTS IN SECTION 41-2083.01, SUBSECTION D. 7 2. CALIFORNIA PHASE 2 REFORMULATED GASOLINE, INCLUDING ALTERNATIVE 8 FORMULATIONS ALLOWED BY THE PREDICTIVE MODEL, AS ADOPTED BY THE CALIFORNIA 9 AIR RESOURCES BOARD PURSUANT TO CALIFORNIA CODE OF REGULATIONS TITLE 13, 10 SECTIONS 2261 THROUGH 2262.7 AND 2265, IN EFFECT ON JANUARY 1, 1997, EXCEPT 11 THAT THE MINIMUM OXYGEN CONTENT STANDARD DOES NOT APPLY. THE GASOLINE SHALL 12 ALSO MEET THE MAXIMUM VAPOR PRESSURE REQUIREMENTS IN SECTION 41-2083.01, 13 SUBSECTION D. 14 B. ANY REGISTERED SUPPLIER, AS DEFINED IN DEPARTMENT RULES, MAY 15 PETITION THE DIRECTOR TO REQUEST THAT ALL REGISTERED SUPPLIERS BE ALLOWED TO 16 SUPPLY GASOLINE IN AREA C THAT DOES NOT MEET THE STANDARDS IN SUBSECTION A OF 17 THIS SECTION IF THE PETITIONER DEMONSTRATES THAT A SHORTAGE IN THE SUPPLY OF 18 GASOLINE MEETING THE STANDARDS IN SUBSECTION A OF THIS SECTION IS IMMINENT. 19 C. A PETITION UNDER SUBSECTION B OF THIS SECTION SHALL: 20 1. IDENTIFY SPECIFIC SUPPLY CONDITIONS THAT WILL RESULT IN A SHORTAGE 21 OF GASOLINE MEETING THE STANDARDS IN SUBSECTION A OF THIS SECTION. 22 2. IDENTIFY THE FORMULATION OF GASOLINE THAT WILL BE SOLD IN AREA C IN 23 LIEU OF GASOLINE MEETING THE STANDARDS IN SUBSECTION A OF THIS SECTION. 24 3. SPECIFY A TIME PERIOD FOR COMPLIANCE WITH THE STANDARDS OF 25 SUBSECTION A OF THIS SECTION NOT TO EXCEED SIXTY DAYS. 26 D. THE DIRECTOR SHALL EITHER GRANT OR DENY A PETITION UNDER SUBSECTION 27 B OF THIS SECTION IN WRITING WITHIN SEVEN DAYS OF ITS RECEIPT. ANY DECISION 28 BY THE DIRECTOR TO GRANT THE PETITION SHALL BE EQUALLY APPLICABLE TO ALL 29 REGISTERED SUPPLIERS AND SHALL NOT BE SELECTIVELY APPLIED TO ANY SINGLE 30 REGISTERED SUPPLIER. THE PETITION MAY BE GRANTED ONLY IF THE DIRECTOR 31 VERIFIES THAT THE BASIS FOR REQUESTING THE PETITION IS FACTUAL. 32 E. THE DIRECTOR MAY REAUTHORIZE A PETITION GRANTED UNDER SUBSECTION B 33 OF THIS SECTION IF THE PETITIONER DEMONSTRATES THAT THE CONDITIONS IDENTIFIED 34 IN THE PETITION HAVE CONTINUED. THE REAUTHORIZATION OF A PETITION SHALL NOT 35 EXCEED THIRTY DAYS. 36 F. THE DIRECTOR OF THE DEPARTMENT OF WEIGHTS AND MEASURES SHALL 37 CONSULT WITH THE DIRECTOR OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY BEFORE 38 GRANTING, REAUTHORIZING OR DENYING ANY PETITION UNDER SUBSECTION B OF THIS 39 SECTION. 40 G. THE DIRECTOR OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY IN 41 CONSULTATION WITH THE DIRECTOR OF THE DEPARTMENT OF WEIGHTS AND MEASURES 42 SHALL ADOPT BY RULE: 43 1. REQUIREMENTS TO IMPLEMENT SUBSECTIONS A, B AND C OF THIS SECTION. 44S.B. 1552

- 18 - 2. REQUIREMENTS FOR RECORD KEEPING, REPORTING AND ANALYTICAL METHODS 1 FOR FUEL PROVIDERS TO DEMONSTRATE COMPLIANCE WITH SUBSECTION A OF THIS 2 SECTION. 3 H. THIS SECTION DOES NOT APPLY TO FUEL SOLD FOR USE AT A MOTOR VEHICLE 4 MANUFACTURER PROVING GROUND OR AT A MOTOR VEHICLE RACING EVENT. 5 Sec. 13. Section 41-2124.01, Arizona Revised Statutes, as added by 6 section 12 of this act, is amended to read: 7 41-2124.01. Area C; fuel reformulation; rules 8 A. From and after May 31, 2008 through September 30, 2008 and during 9 the period from and after May 31 through September 30 of each subsequent 10 year, all gasoline produced and shipped to or within this state and sold or 11 offered for sale for use in motor vehicles in area C shall comply with either 12 of the following fuel reformulation options: 13 1. A gasoline that meets standards for federal phase II reformulated 14 gasoline, as provided in 40 Code of Federal Regulations section 80.41, 15 paragraphs (e) through (h), in effect on January 1, 1999, except that the 16 minimum oxygen content standard does not apply. The gasoline shall also meet 17 the maximum vapor pressure requirements in section 41-2083.01, subsection D. 18 2. California phase 2 3 reformulated gasoline, including alternative 19 formulations allowed by the predictive model, as adopted by the California 20 air resources board pursuant to California Code of Regulations title 13, 21 sections 2261 through 2262.7 and 2263, 2265 AND 2266.5 , in effect on J an uary 22 1, 1997 MAY 1, 2003

, except that the minimum oxygen content standard does not 23 apply. The gasoline shall also meet the maximum INCLUDING vapor pressure 24 requirements in section 41

- 2083.01, subsec tion D CONTAINED IN SECTION 2262.4. 25 B. Any registered supplier, as defined in department rules, may 26 petition the director to request that all registered suppliers be allowed to 27 supply gasoline in area C that does not meet the standards in subsection A of 28 this section if the petitioner demonstrates that a shortage in the supply of 29 gasoline meeting the standards in subsection A of this section is imminent. 30 C. A petition under subsection B of this section shall: 31 1. Identify specific supply conditions that will result in a shortage 32 of gasoline meeting the standards in subsection A of this section. 33 2. Identify the formulation of gasoline that will be sold in area C in 34 lieu of gasoline meeting the standards in subsection A of this section. 35 3. Specify a time period for compliance with the standards of 36 subsection A of this section not to exceed sixty days. 37 D. The director shall either grant or deny a petition under subsection 38 B of this section in writing within seven days of its receipt. Any decision 39 by the director to grant the petition shall be equally applicable to all 40 registered suppliers and shall not be selectively applied to any single 41 registered supplier. The petition may be granted only if the director 42 verifies that the basis for requesting the petition is factual. 43 E. The director may reauthorize a petition granted under subsection G 44 of this section if the petitioner demonstrates that the conditions identified 45S.B. 1552

- 19 - in the petition have continued. The reauthorization of a petition shall not 1 exceed thirty days. 2 F. The director of the department of weights and measures shall 3 consult with the director of the department of environmental quality before 4 granting, reauthorizing or denying any petition under subsection B of this 5 section. 6 G. The director of the department of environmental quality in 7 consultation with the director of the department of weights and measures 8 shall adopt by rule: 9 1. Requirements to implement subsections A, B and C of this section. 10 2. Requirements for record keeping, reporting and analytical methods 11 for fuel providers to demonstrate compliance with subsection A of this 12 section. 13 H. This section does not apply to fuel sold for use at a motor vehicle 14 manufacturer proving ground or at a motor vehicle racing event. 15 Sec. 14. S ection 49-457, Arizona Revised Statutes, is amended to read: 16 49-457

. Agricultural best management practices committee; 17 members; powers; permits; definitions 18 A. A best management practices committee for regulated agricultural 19 activities is established. 20 B. The committee shall consist of: 21 1. The director OF ENVIRONMENTAL QUALITY or the director's designee. 22 2. The director of the ARIZONA department of agriculture or the 23 director's designee. 24 3. The dean of the college of agriculture of the university of Arizona 25 or the dean's designee. 26 4. The state director of the United States natural resources 27 conservation service or the director's designee. 28 5. One person actively engaged in the production of citrus. 29 6. One person actively engaged in the production of vegetables. 30 7. One person actively engaged in the production of cotton. 31 8. One person actively engaged in the production of alfalfa. 32 9. One person actively engaged in the production of grain. 33 10. One soil taxonomist from the university of Arizona college of 34 agriculture. 35 C. The governor shall appoint the members designated pursuant to 36 subsection A B , paragraphs 5 through 10 of this section for a term of six 37 years. Members may be reappointed. Members are not entitled to co mpensation 38 for their services but are entitled to receive reimbursement of expenses 39 pursuant to section 38

- 611, subsection D TITLE 38, CHAPTER 4, ARTICLE 2

. 40 D. The committee shall elect a chairman from the appointed members to 41 serve a two year term. 42 E. The committee shall meet at the call of the chairman or at the 43 request of a majority of the appointed members. 44S.B. 1552

- 20 - F. The department of environmental quality, the ARIZONA department of 1 agriculture and the college of agriculture of the university of Arizona shall 2 cooperate with and provide technical assis tance and any necessary information 3 to the committee. The department of environmental quality shall provide the 4 necessary staff support and meeting facilities for the committee. 5 G. Notwithstanding subsections I, J and K of this section, a person 6 engaged in a regulated agricultural activity on the effective date of this 7 section AUGUST 21, 1998 shall comply with the general permit as provided in 8 subsection H of this section by December 31, 2001. A person who commences a 9 regulated agricultural activity after December 31, 2000

, shall comply with 10 the general permit within eighteen months of commencing the activity. 11 H. By June 10, 2000, the committee shall adopt, by rule, an 12 agricultural general permit specifying best management practices for 13 regulated agricultural activities to reduce PM-10 particulate emissions. A 14 person subject to an agricultural general permit pursuant to this section is 15 not subject to a permit issued pursuant to section 49-426 except as provided 16 in subsection K of this section. The committee shall adopt by rule a list of 17 best management practices, at least one TWO of which shall be used to 18 demonstrate compliance with applicable provisions of the general permit no 19 later than December 31, 2001 2007 . Best management practices may vary within 20 the Maricopa PM

- 10 particulate nonattainment REGULATED area , according to 21 regional or geogr aphical conditions or cropping patterns. The director shall 22 submit the rule to the United States environmental protection agency as a 23 revision to the applicable implementation plan within sixty days of adoption 24 NO LATER THAN DECEMBER 31, 2007

. 25 I. If the director determines that a person engaged in a regulated 26 activity is not in compliance with the general permit, and that person has 27 not previously been subject to a compliance order issued pursuant to this 28 section, the director may serve upon the person by certified mail an order 29 requiring compliance with the general permit and notifying the person of the 30 opportunity for a hearing pursuant to title 41, chapter 6, article 10. The 31 order shall state with reasonable particularity the nature of the 32 noncompliance and shall specify that the person has a period that the 33 director determines is reasonable, but is not less than six months, to submit 34 a plan to the supervisors of the natural resource conservation district in 35 which the person engages in the regulated activity that specifies the best 36 management practices from among those adopted in rule pursuant to subsection 37 H of this section that the person will use to comply with the general permit. 38 J. If the director determines that a person engaged in a regulated 39 activity is not in compliance with the general permit, and that person has 40 previously submitted a plan pursuant to subsection I of this section, the 41 director may serve upon the person by certified mail an order requiring 42 compliance with the general permit and notifying the person of the 43 opportunity for a hearing pursuant to title 41, chapter 6, article 10. The 44 order shall state with reasonable particularity the nature of the 45S.B. 1552

- 21 - noncompliance and shall specify that the person has a period that the 1 director determines is reasonable, but is not less than six months, to submit 2 a plan to the department that specifies the best management practices from 3 among those adopted in rule pursuant to subsection H of this section that the 4 person will use to comply with the general permit. 5 K. If a person fails to comply with the plan submitted pursuant to 6 subsection J of this section, the director may revoke the agricultural 7 general permit for that person and to require that the person obtain an 8 individual permit pursuant to section 49-426. A revocation becomes effective 9 after the director has provided the person with notice and an opportunity for 10 a hearing pursuant to title 41, chapter 6, article 10. 11 L. The committee may periodically reexamine, evaluate and modify best 12 management practices. Any approved modifications shall be submitted to the 13 United States environmental protection agency as a revision to the applicable 14 implementation plan. 15 M. The committee shall develop and commence an education program by 16 June 10, 2000. The education program shall be conducted by the director or 17 the director's designee or designees. 18 N. In this section, unless the context otherwise requires: 19 1. "Agricultural general permit" means best management p ractices that: 20 (a) Reduce PM-10 particulate emissions from tillage practices and from 21 harvesting on a commercial farm. 22 (b) Reduce PM-10 particulate emissions from those areas of a 23 commercial farm that are not normally in crop production. 24 (c) Reduce PM-10 particulate emissions from those areas of a 25 commercial farm that are normally in crop production including prior to plant 26 emergence and when the land is not in crop production. 27 2. "Applicable implementation plan" means that term as defined in 42 28 United States Code SECTION 7601(q). 29 3. "Best management practices" means techniques THAT ARE verified by 30 scientific research

, AND that on a case by case basis are practical, 31 economically feasible and effective in reducing PM-10 particulate emissions 32 from a regulated agricultural activity. 33 4. "Maricopa PM-10 particulate nonattainment area" means the Phoenix 34 planning area as set forth in 40 Code of Federal Regulations part SECTION 35 81.303. 36 5. "Regulated agricultural activities" means commercial farming 37 practices that may produce PM-10 particulate emissions within the Maricopa 38
PM

- 10 particulate nonattainment area REGULATED AREA. 39 6. "REGULATED AREA" MEANS THE MARICOPA PM-1O NONATTAINMENT AREA AND 40 ANY PORTION OF AREA A THAT IS LOCATED IN A COUNTY WITH A POPULATION OF TWO 41 MILLION OR MORE PERSONS. 42S.B. 1552

- 22 - Sec. 15. Title 49, chapter 3, article 2, Arizona Revised Statutes, is 1 amended by adding sections 49-457.01, 49-457.02, 49-457.03 and 49-457.04, to 2 read: 3 49-457.01. Leaf blower use restrictions and training; leaf 4 blower equipment sellers; informational material; 5 outreach; applicability 6 A. THIS SECTION APPLIES IN A COUNTY WITH A POPULATION OF TWO MILLION 7 OR MORE PERSONS OR ANY PORTION OF A COUNTY WITHIN AN AREA DESIGNATED BY THE 8 ENVIRONMENTAL PROTECTION AGENCY AS A SERIOUS PM-10 NONATTAINMENT AREA OR A 9 MAINTENANCE AREA THAT WAS DESIGNATED AS A SERIOUS PM-10 NONATTAINMENT AREA. 10 B. AFTER MARCH 31, 2008, NO PERSON MAY USE A LEAF BLOWER TO BLOW 11 LANDSCAPE DEBRIS INTO PUBLIC ROADWAYS. 12 C. AFTER MARCH 31, 2008, NO PERSON MAY OPERATE A LEAF BLOWER EXCEPT ON 13 SURFACES THAT HAVE BEEN STABILIZED WITH ASPHALTIC CONCRETE, CEMENT CONCRETE, 14 HARDSCAPE, PENETRATION TREATMENT OF BITUMINOUS MATERIAL AND SEAL COAT OF 15 BITUMINOUS BINDER AND A MINERAL AGGREGATE, DECOMPOSED GRANITE COVER, CRUSHED 16 GRANITE COVER, AGGREGATE COVER, GRAVEL COVER, OR GRASS OR OTHER CONTINUOUS 17 VEGETATIVE COVER, OR ANY COMBINATION OF THOSE STABILIZERS. 18 D. AT LEAST ONCE EVERY THREE YEARS, ANY PERSON OPERATING A LEAF BLOWER 19 FOR REMUNERATION SHALL SUCCESSFULLY COMPLETE TRAINING APPROVED BY THE 20 DEPARTMENT ON HOW TO OPERATE A LEAF BLOWER IN A MANNER DESIGNED TO MINIMIZE 21 THE GENERATION OF FUGITIVE DUST EMISSIONS. ANY PERSON WHO IS REQUIRED TO BE 22 TRAINED UNDER THIS SUBSECTION SHALL COMPLETE INITIAL TRAINING NO LATER THAN 23 DECEMBER 31, 2008. 24 E. ANY PERSON WHO RENTS OR SELLS IN THE NORMAL COURSE OF BUSINESS 25 EQUIPMENT THAT IS USED FOR BLOWING LANDSCAPE DEBRIS SHALL PROVIDE TO THE 26 BUYER OR RENTER OF THE EQUIPMENT PRINTED MATERIALS THAT ARE APPROVED BY THE 27 DEPARTMENT PURSUANT TO THIS SECTION. 28 F. THE DEP ARTMENT SHALL PRODUCE PRINTED MATERIALS AND DISTRIBUTE THOSE 29 MATERIALS TO PERSONS WHO SELL OR RENT EQUIPMENT USED FOR BLOWING LANDSCAPE 30 DEBRIS. THE PRINTED MATERIALS SHALL BE DESIGNED TO EDUCATE AND INFORM THE 31 USER OF THE EQUIPMENT ON THE SAFE AND EFFICIENT USE OF THE EQUIPMENT, 32 INCLUDING METHODS FOR REDUCING THE GENERATION OF DUST, AND SHALL INCLUDE 33 INFORMATION REGARDING DUST CONTROL ORDINANCES AND RESTRICTIONS THAT MAY BE 34 APPLICABLE. 35 G. THIS SECTION DOES NOT APPLY TO ANY SITE THAT HAS A PERMIT ISSUED BY 36 A CONTROL OFFICER AS DEFINED IN SECTION 49-471 FOR THE CONTROL OF FUGITIVE 37 DUST FROM DUST GENERATING OPERATIONS. 38 49-457.02. Dust-free developments program; certification; seal 39 A. THE DEPARTMENT SHALL ESTABLISH THE DUST-FREE DEVELOPMENTS PROGRAM 40 TO ENCOURAGE AND RECOGNIZE PERSONS AND ENTITIES THAT DEMONSTRATE EXCEPTIONAL 41 COMMITMENT TO THE REDUCTION OF AIRBORNE DUST IN A COUNTY WITH A POPULATION OF 42 MORE THAN TWO MILLION PERSONS AND IN THE PM-10 NONATTAINMENT AREA THAT 43 CONTAINS THE CITY OF APACHE JUNCTION. THE PROGRAM SHALL INCLUDE A VOLUNTARY 44 CERTIFICATION PROCESS BASED ON CRITERIA DEVELOPED BY THE DEPARTMENT. 45S.B. 1552

- 23 - B. ANY PERSON OR ENTITY MAY APPLY FOR CERTIFICATION UNDER THE PROGRAM, 1 AND IF APPROVED, MAY LAWFULLY USE A CERTIFICATION, SEAL, LOGO OR OTHER 2 SIMILAR INDICATOR ESTABLISHED BY THE DEPARTMENT. A PERSON OR ENTITY THAT IS 3 CERTIFIED UNDER THE PROGRAM MAY USE THE CERTIFICATION FOR PROMOTIONAL, CIVIC, 4 PUBLIC RELATIONS OR PUBLIC INVOLVEMENT PURPOSES. 5 C. NOTWITHSTANDING SECTION 41-3102, THIS PROGRAM DOES NOT INCLUDE A 6 SPECIFIC EXPIRATION DATE. 7 49-457.03. Off-road vehicles; pollution advisory days; 8 applicability; penalties 9 A. IN AREA A, AS DEFINED IN SECTION 49-541, A PERSON SHALL NOT OPERATE 10 AN OFF-HIGHWAY VEHICLE, AN ALL-TERRAIN VEHICLE OR AN OFF-ROAD RECREATIONAL 11 MOTOR VEHICLE ON AN UNPAVED SURFACE THAT IS NOT A PUBLIC OR PRIVATE ROAD, 12 STREET OR LAWFUL EASEMENT DURING ANY HIGH POLLUTION ADVISORY DAY FORECAST FOR 13 PARTICULATE MATTER BY THE DEPARTMENT. 14 B. THIS SECTION DOES NOT APPLY TO: 15 1. AN EVENT THAT IS INTENDED FOR OFF-HIGHWAY VEHICLES, ALL-TERRAIN 16 VEHICLES OR OFF-ROAD RECREATIONAL MOTOR VEHICLES AND THAT IS ENDORSED, 17 AUTHORIZED, PERMITTED OR SPONSORED BY A PUBLIC AGENCY, THAT OCCURS ON A 18 DESIGNATED ROUTE OR AREA AND THAT INCLUDES DUST ABATEMENT MEASURES AT ALL 19 STAGING AREAS, PARKING AREAS AND ENTRANCES. 20 2. AN EVENT THAT OCCURS AT A FACILITY FOR WHICH AN ADMISSION OR USER 21 FEE IS CHARGED AND THAT INCLUDES DUST ABATEMENT MEASURES. 22 3. A CLOSED COURSE THAT IS MAINTAINED WITH DUST ABATEMENT MEASURES. 23 4. AN OFF-HIGHWAY VEHICLE, ALL-TERRAIN VEHICLE OR OFF-ROAD 24 RECREATIONAL MOTOR VEHICLE USED IN THE NORMAL COURSE OF BUSINESS OR THE 25 NORMAL COURSE OF GOVERNMENT OPERATIONS. 26 5. GOLF CARTS THAT ARE USED AS PART OF A PRIVATE OR PUBLIC GOLF COURSE 27 OPERATION. 28 C. A PERSON WHO VIOLATES THIS SECTION IS SUBJECT TO: 29 1. A WARNING FOR THE FIRST VIOLATION. 30 2. THE IMPOSITION OF A CIVIL PENALTY OF FIFTY DOLLARS FOR THE SECOND 31 VIOLATION. 32 3. THE IMPOSITION OF A CIVIL PENALTY OF ONE HUNDRED DOLLARS FOR THE 33 THIRD VIOLATION. 34 4. THE IMPOSITION OF A CIVIL PENALTY OF TWO HUNDRED FIFTY DOLLARS FOR 35 THE FOURTH OR ANY SUBSEQUENT VIOLATION. 36 D. FOR VIOLATIONS OF THIS SECTION, THE CONTROL OFFICER OR OTHER 37 ENFORCEMENT OFFICER SHALL USE A UNIFORM CIVIL TICKET AND COMPLAINT 38 SUBSTANTIALLY SIMILAR TO A UNIFORM TRAFFIC TICKET AND COMPLAINT PRESCRIBED BY 39 THE RULES OF PROCEDURE IN CIVIL TRAFFIC CASES ADOPTED BY THE SUPREME COURT. 40 THE CONTROL OFFICER OR OTHER ENFORCEMENT OFFICER MAY ISSUE CITATIONS TO 41 PERSONS IN VIOLATION OF THIS SECTION. 42S.B. 1552

- 24 - 49-457.04. Off-highway vehicle and all-terrain vehicle dealers; 1 informational material; outreach; applicability 2 A. ANY PERSON WHO RENTS OR SELLS IN THE NORMAL COURSE OF BUSINESS 3 OFF-HIGHWAY VEHICLES, ALL-TERRAIN VEHICLES OR OFF-ROAD RECREATIONAL MOTOR 4 VEHICLES, OTHER THAN GOLF CARTS SOLD TO PUBLIC OR PRIVATE GOLF COURSES, SHALL 5 PROVIDE TO THE BUYER OR RENTER OF THE VEHICLE PRINTED MATERIALS THAT ARE 6 APPROVED BY THE DEPARTMENT PURSUANT TO THIS SECTION. 7 B. THE DEP ARTMENT SHALL PRODUCE PRINTED MATERIALS AND DISTRIBUTE THOSE 8 MATERIALS TO PERSONS WHO SELL OR RENT OFF-HIGHWAY VEHICLES, ALL-TERRAIN 9 VEHICLES OR OFF-ROAD RECREATIONAL MOTOR VEHICLES. THE PRINTED MATERIALS 10 SHALL BE DESIGNED TO EDUCATE AND INFORM THE USER OF THE VEHICLE ON METHODS 11 FOR REDUCING THE GENERATION OF DUST AND SHALL INCLUDE INFORMATION REGARDING 12 DUST CONTROL ORDINANCES AND RESTRICTIONS THAT MAY BE APPLICABLE. THE 13 DEPARTMENT SHALL MAKE AVAILABLE ON THE DEPARTMENT’S WEBSITE THE PRINTED 14 MATERIALS IN A FORMAT THAT IS ACCESSIBLE TO THE PUBLIC. 15 C. THIS SECTION APPLIES IN A COUNTY WITH A POPULATION OF TWO MILLION 16 OR MORE PERSONS OR ANY PORTION OF A COUNTY IN AN AREA DESIGNATED BY THE 17 ENVIRONMENTAL PROTECTION AGENCY AS A SERIOUS PM-10 NONATTAINMENT AREA OR A 18 MAINTENANCE AREA THAT WAS DESIGNATED AS A SERIOUS PM-10 NONATTAINMENT AREA. 19 Sec. 16. Section 49-474.01, Arizona Revised Statutes, is amended to 20 read: 21 49-474.01

. Additional board duties in vehicle emissio ns control 22 areas; definitions 23 A. The board of supervisors of a county which contains any portion of 24 area A or area B as defined in section 49-541 shall: 25 1. In area A, in consultation with the designated metropolitan 26 planning organization, synchronize traffic control signals on all existing 27 and new roadways, within the unincorporated area and at jurisdictional 28 boundaries, which have a traffic flow exceeding fifteen thousand motor 29 vehicles per day. 30 2. In area A, beginning on January 1, 2000, develop and implement 31 plans to stabilize targeted unpaved roads, alleys and unpaved shoulders on 32 targeted arterials. The plans shall address the performance goals, the 33 criteria for targeting roads, alleys and arterials, a schedule for 34 implementation, funding options and reporting requirements. 35 3. In area A, acquire or utilize vacuum systems or other dust removal 36 technology to reduce the particulates attributable to conventional crack 37 sealing operations as existing equipment is retired. 38 4. IN AREA A, BEGINNING JANUARY 1, 2008, DEVELOP AND IMPLEMENT PLANS 39 TO STABILIZE TARGETED UNPAVED ROADS, ALLEYS AND UNPAVED SHOULDERS ON TARGETED 40 ARTERIALS. THE PLANS SHALL ADDRESS THE PERFORMANCE GOALS, THE CRITERIA FOR 41 TARGETING THE ROADS, ALLEYS AND SHOULDERS, A SCHEDULE FOR IMPLEMENTATION, 42 FUNDING OPTIONS AND REPORTING REQUIREMENTS. PRIORITY SHALL BE GIVEN TO THE 43 FOLLOWING: 44S.B. 1552

- 25 - ( a ) UNPAVED ROADS WITH MORE THAN ONE HUNDRED AVERAGE DAILY TRIPS. 1 ( b ) UNPAVED SHOULDERS ON ARTERIAL ROADS AND OTHER ROAD SEGMENTS WHERE 2 VEHICLE USE ON UNPAVED SHOULDERS IS EVIDENT OR ANTICIPATED DUE TO PROJECTED 3 TRAFFIC VOLUME. 4 5. IN A COUNTY WITH A POPULATION OF TWO MILLION OR MORE PERSONS OR ANY 5 PORTION OF A COUNTY IN AN AREA DESIGNATED BY THE ENVIRONMENTAL PROTECTION 6 AGENCY AS A SERIOUS PM-10 NONATTAINMENT AREA OR A MAINTENANCE AREA THAT WAS 7 DESIGNATED AS A SERIOUS PM-10 NONATTAINMENT AREA, NO LATER THAN MARCH 31, 8 2008, ADOPT OR AMEND CODES OR ORDINANCES AND, NO LATER THAN OCTOBER 1, 2008, 9 COMMENCE ENFORCEMENT OF THOSE CODES OR ORDINANCES AS NECESSARY TO REQUIRE 10 THAT PARKING, MANEUVERING, INGRESS AND EGRESS AREAS AT DEVELOPMENTS OTHER 11 THAN RESIDENTIAL BUILDINGS WITH FOUR OR FEWER UNITS ARE MAINTAINED WITH ONE 12 OR MORE OF THE FOLLOWING DUSTPROOF PAVING METHODS: 13 ( a ) ASPHALTIC CONCRETE. 14 ( b ) CEMENT CONCRETE. 15 ( c ) PENETRATION TREATMENT OF BITUMINOUS MATERIAL AND SEAL COAT OF 16 BITUMINOUS BINDER AND A MINERAL AGGREGATE. 17 ( d ) A STABILIZATION METHOD APPROVED BY THE COUNTY. 18 6. IN A COUNTY WITH A POPULATION OF TWO MILLION OR MORE PERSONS OR ANY 19 PORTION OF A COUNTY IN AN AREA DESIGNATED BY THE ENVIRONMENTAL PROTECTION 20 AGENCY AS A SERIOUS PM-10 NONATTAINMENT AREA OR A MAINTENANCE AREA THAT WAS 21 DESIGNATED AS A SERIOUS PM-10 NONATTAINMENT AREA, NO LATER THAN MARCH 31, 22 2008, ADOPT OR AMEND CODES OR ORDINANCES AND, NO LATER THAN OCTOBER 1, 2009, 23 COMMENCE ENFORCEMENT OF THOSE CODES OR ORDINANCES AS NECESSARY TO REQUIRE 24 THAT PARKING, MANEUVERING, INGRESS AND EGRESS AREAS THREE THOUSAND SQUARE 25 FEET OR MORE IN SIZE AT RESIDENTIAL BUILDINGS WITH FOUR OR FEWER UNITS ARE 26 MAINTAINED WITH A PAVING OR STABILIZATION METHOD AUTHORIZED BY THE COUNTY BY 27 CODE, ORDINANCE OR PERMIT. 28 7. IN AREA A, NO LATER THAN MARCH 31, 2008, ADOPT OR AMEND CODES OR 29 ORDINANCES AS NECESSARY TO RESTRICT VEHICLE PARKING AND USE ON UNPAVED OR 30 UNSTABILIZED VACANT LOTS. 31 8. IN AREA A, REQUIRE THAT NEW OR RENEWED CONTRACTS FOR STREET 32 SWEEPING ON CITY STREETS MUST BE CONDUCTED WITH STREET SWEEPERS THAT MEET THE 33 SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT RULE 1186 STREET SWEEPER 34 CERTIFICATION SPECIFICATIONS FOR PICK UP EFFICIENCY AND PM-10 EMISSIONS IN 35 EFFECT ON JANUARY 1, 2007. 36 4. 9. In area B, synchronize traffic control signals on roadways with 37 a traffic flow exceeding fifteen thousand motor vehicles per day. 38 5. 10. Implement adjusted work hours for at least eighty-five per 39 cent of county employees in area A each year beginning October 1 and ending 40 April 1 in order to reduce the level of carbon monoxide concentrations caused 41 by vehicular travel. 42 11. IN A COUNTY WITH A POPULATION OF TWO MILLION OR MORE PERSONS OR 43 ANY PORTION OF A COUNTY WITHIN AN AREA DESIGNATED BY THE ENVIRONMENTAL 44 PROTECTION AGENCY AS A SERIOUS PM-10 NONATTAINMENT AREA OR A MAINTENANCE AREA 45S.B. 1552

- 26 - THAT WAS DESIGNATED AS A SERIOUS PM-10 NONATTAINMENT AREA, NO LATER THAN 1 MARCH 31, 2008, ADOPT RULE PROVISIONS, AND, NO LATER THAN OCTOBER 1, 2008, 2 COMMENCE ENFORCEMENT OF THOSE RULE PROVISIONS REGARDING THE STABILIZATION OF 3 DISTURBED SURFACES OF VACANT LOTS THAT INCLUDE THE FOLLOWING: 4 ( a ) REASONABLE WRITTEN NOTICE TO THE OWNER OR THE OWNER'S AUTHORIZED 5 AGENT OR THE OWNER'S STATUTORY AGENT THAT THE UNPAVED DISTURBED SURFACE OF A 6 VACANT LOT IS REQUIRED TO BE STABILIZED. THE NOTICE SHALL BE GIVEN NOT LESS 7 THAN THIRTY DAYS BEFORE THE DAY SET FOR COMPLIANCE AND SHALL INCLUDE A LEGAL 8 DESCRIPTION OF THE PROPERTY AND THE ESTIMATED COST TO THE COUNTY FOR THE 9 STABILIZATION IF THE OWNER DOES NOT COMPLY. THE NOTICE SHALL BE EITHER 10 PERSONALLY SERVED OR MAILED BY CERTIFIED MAIL TO THE OWNER'S STATUTORY AGENT, 11 TO THE OWNER AT THE OWNER'S LAST KNOWN ADDRESS OR TO THE ADDRESS TO WHICH THE 12 TAX BILL FOR THE PROPERTY WAS LAST MAILED. 13 ( b ) AUTHORITY FOR THE COUNTY TO ENTER THE LOT TO STABILIZE THE 14 DISTURBED SURFACE AT THE EXPENSE OF THE OWNER IF THE VACANT LOT HAS NOT BEEN 15 STABILIZED BY THE DAY SET FOR COMPLIANCE. 16 ( c ) METHODS FOR STABILIZATION OF THE DISTURBED SURFACE OF THE VACANT 17 LOT, THE ACTUAL COST OF STABILIZATION AND THE FINE THAT MAY BE IMPOSED FOR A 18 VIOLATION OF THIS SECTION. 19 B. FOR THE PURPOSES OF SUBSECTION A, PARAGRAPH 11 OF THIS SECTION: 20 1. "DISTURBED SURFACE" MEANS A PORTION OF THE EARTH'S SURFACE OR 21 MATERIAL PLACED ON THE EARTH'S SURFACE THAT HAS BEEN PHYSICALLY MOVED, 22 UNCOVERED, DESTABILIZED OR OTHERWISE MODIFIED FROM ITS UNDISTURBED NATIVE 23 CONDITION IF THE POTENTIAL FOR THE EMISSION OF FUGITIVE DUST IS INCREASED BY 24 THE MOVEMENT, DESTABILIZATION OR MODIFICATION. 25 2. VACANT LOTS DO NOT INCLUDE ANY SITE OF DISTURBED SURFACE AREA THAT 26 IS SUBJECT TO A PERMIT ISSUED BY A CONTROL OFFICER THAT REQUIRES CONTROL OF 27 PM-10 EMISSIONS FROM DUST GENERATING OPERATIONS. 28 B. C. The board of supervisors of a county that contains any portion 29 of area A as defined in section 49-541 shall make and enforce ordinances 30 consistent with section 49-588 to reduce or encourage the reduction of the 31 commuter use of motor vehicles by employees of the county and employees whose 32 place of employment is within area A. 33 C. D. The board of supervisors in a county that contains any portion 34 of area A shall develop and implement a vehicle fleet plan for the purpose of 35 encouraging and progressively increasing the use of alternative fuels and 36 clean burning fuels in county owned vehicles operating in area A. 37 D. E. The plan shall include a timetable for increasing the use of 38 alternative fuels and clean burning fuels in fleet vehicles either through 39 purchase or conversion. The timetable shall reflect the following schedule 40 and percentage of vehicles that operate on alternative fuels or clean burning 41 fuels: 42 1. At least eighteen per cent of the total fleet by December 31, 1995. 43 2. At least twenty-five per cent of the total fleet by December 31, 44 1996. 45S.B. 1552

- 27 - 3. At least fifty per cent of the total fleet by December 31, 1998. 1 4. At least seventy-five per cent of the total fleet by December 31, 2 2000 and each year thereafter. 3 E. F. The requirements of subsections C D and D E of this section 4 may be waived on receipt of certification supported by evidence acceptable to 5 the department that the county is unable to acquire or be provided equipment 6 or refueling facilities necessary to opera te vehicles using alternative fuels 7 or clean burning fuels at a projected cost that is reasonably expected to 8 result in net costs of no greater than ten per cent more than the net costs 9 associated with the continued use of conventional gasoline or diesel fuels 10 measured over the expected useful life of the equipment or facilities 11 supplied. Applications for waivers shall be filed with the department 12 pursuant to section 49-412. An entity that receives a waiver pursuant to 13 this section shall retrofit fleet heavy-duty diesel vehicles with a gross 14 vehicle weight of eight thousand five hundred pounds or more, that were 15 manufactured in or before model year 1993 and that are the subject of the 16 waiver with a technology that is effective at reducing particulate emissions 17 at least twenty-five per cent or more and that has been approved by the 18 United States environmental protection agency pursuant to the urban bus 19 engine retrofit/rebuild program. The entity shall comply with the 20 implementation schedule pursuant to section 49-555. 21
F. G. If the requirements of subsections C D and D E of this 22 section are met by the use of clean burning fuel, vehicle equivalents under 23 those requirements shall be calculated as follows: 24 1. One vehicle equivalent for every four hundred fifty gallo ns of neat 25 biodiesel or two thousand two hundred fifty gallons of a diesel fuel 26 substitute prescribed in section 1-215, paragraph 7, subdivision (b). 27 2. One vehicle equivalent for every five hundred thirty gallons of the 28 fuel prescribed in section 1-215, paragraph 7, subdivision (d). 29 H. SUBSECTION A, PARAGRAPHS 5, 6 AND 7 OF THIS SECTION DO NOT APPLY TO 30 ANY SITE THAT HAS A PERMIT ISSUED BY A CONTROL OFFICER AS DEFINED IN SECTION 31 49-471 FOR THE CONTROL OF FUGITIVE DUST FROM DUST GENERATING OPERATIONS. 32 G. I. For the purposes of this sec tion, "alternative fuel" and "clean 33 burning fuel" have the same meanings prescribed in section 1-215. 34 Sec. 17. Title 49, chapter 3, article 3, Arizona Revised Statutes, is 35 amended by adding sections 49-474.05, 49-474.06 and 49-474.07, to read: 36 49-474.05. Dust control; training; site coordinators 37 A. THIS SECTION APPLIES IN A COUNTY WITH A POPULATION OF TWO MILLION 38 OR MORE PERSONS OR ANY PORTION OF A COUNTY IN AN AREA DESIGNATED BY THE 39 ENVIRONMENTAL PROTECTION AGENCY AS A SERIOUS PM-10 NONATTAINMENT AREA OR A 40 MAINTENANCE AREA THAT WAS DESIGNATED AS A SERIOUS PM-10 NONATTAINMENT AREA. 41 B. NO LATER THAN JANUARY 1, 2008, THE CONTROL OFFICER SHALL DEVELOP 42 AND IMPLEMENT BASIC AND COMPREHENSIVE TRAINING PROGRAMS FOR THE SUPPRESSION 43 OF PM-10 EMISSIONS FROM SOURCES OF PM-10 THAT ARE SUBJECT TO A PERMIT ISSUED 44 BY A CONTROL OFFICER THAT REQUIRES CONTROL OF PM-10 EMISSIONS FROM DUST 45S.B. 1552

- 28 - GENERATING OPERATIONS. THE CONTROL OFFICER MAY APPROVE TRAINING DEVELOPED 1 AND PROVIDED BY A THIRD PARTY AND THE BOARD OF SUPERVISORS MAY ADOPT RULES 2 PRESCRIBING STANDARDS FOR DUST CONTROL TRAINING. 3 C. AT LEAST ONCE EVERY THREE YEARS, THE FOLLOWING PERSONS ARE REQUIRED 4 TO SUCCESSFULLY COMPLETE BASIC DUST CONTROL TRAINING: 5 1. THE SITE SUPERINTENDENT OR OTHER DESIGNATED ON-SITE REPRESENTATIVE 6 OF THE PERMIT HOLDER IF PRESENT AT A SITE THAT HAS MORE THAN ONE ACRE OF 7 DISTURBED SURFACE AREA THAT IS SUBJECT TO A PERMIT ISSUED BY A CONTROL 8 OFFICER REQUIRING CONTROL OF PM-10 EMISSIO NS FROM DUST GENERATING OPERATIONS. 9 2. WATER TRUCK AND WATER PULL DRIVERS. 10 D. PERSONS WHO ARE REQUIRED TO BE TRAINED UNDER THIS SECTION SHALL 11 COMPLETE THE TRAINING NO LATER THAN DECEMBER 31, 2008. ALL PERSONS WHO HAVE 12 SUCCESSFULLY COMPLETED TRAINING DURING THE 2006 AND 2007 CALENDAR YEARS ARE 13 DEEMED TO HAVE SATISFIED THIS REQUIREMENT IF THE TRAINING PROGRAM COMPLETED 14 WAS CONDUCTED OR APPROVED BY A COUNTY AIR POLLUTION CONTROL OFFICER. 15 COMPLETION OF THE TRAINING REQUIRED UNDER SUBSECTION G SATISFIES THE 16 REQUIREMENTS OF THIS SUBSECTION. 17 E. NO LATER THAN JUNE 30, 2008, THE PERMITTEE FOR ANY SITE OF FIVE 18 ACRES OR MORE OF DISTURBED SURFACE AREA SUBJECT TO A PERMIT ISSUED BY A 19 CONTROL OFFICER REQUIRING CONTROL OF PM-10 EMISSIONS FROM DUST GENERATING 20 OPERATIONS SHALL HAVE ON SITE AT LEAST ONE DUST CONTROL COORDINATOR TRAINED 21 IN ACCORDANCE WITH THIS SECTION AT ALL TIMES DURING PRIMARY DUST GENERATING 22 OPERATIONS RELATED TO THE PURPOSES FOR WHICH THE DUST CONTROL PERMIT WAS 23 OBTAINED. 24 F. A DUST CONTROL COORDINATOR HAS FULL AUTHORITY TO ENSURE THAT DUST 25 CONTROL MEASURES ARE IMPLEMENTED ON SITE, INCLUDING CONDUCTING INSPECTIONS, 26 DEPLOYMENT OF DUST SUPPRESSION RESOURCES AND MODIFICATION OR SHUTDOWN OF 27 ACTIVITIES AS NEEDED TO CONTROL DUST. THE DUST CONTROL COORDINATOR SHALL BE 28 RESPONSIBLE FOR MANAGING DUST PREVENTION AND DUST CONTROL ON THE SITE. 29 G. AT LEAST ONCE EVERY THREE YEARS, THE DUST CONTROL COORDINATOR SHALL 30 SUCCESSFULLY COMPLETE A COMPREHENSIVE DUST CONTROL CLASS CONDUCTED OR 31 APPROVED UNDER SUBSECTION A BY THE COUNTY AIR POLLUTION CONTROL OFFICER WITH 32 JURISDICTION OVER THE SITE. THE DUST CONTROL COORDINATOR SHALL HAVE A VALID 33 DUST TRAINING CERTIFICATION IDENTIFICATION CARD READILY ACCESSIBLE ON SITE 34 WHILE ACTING AS A DUST CONTROL COORDINATOR. ALL PERSONS HAVING SUCCESSFULLY 35 COMPLETED TRAINING DURING THE 2006 AND 2007 CALENDAR YEARS ARE DEEMED TO HAVE 36 SATISFIED THIS REQUIREMENT IF THE TRAINING PROGRAM COMPLETED WAS CONDUCTED OR 37 APPROVED BY A COUNTY AIR POLLUTION CONTROL OFFICER. 38 H. SUBSECTIONS C AND D DO NOT APPLY WHEN ON-SITE DUST GENERATING 39 OPERATIONS ARE CONDUCTED BY A PERMITTEE WHO IS REQUIRED TO OBTAIN A SINGLE 40 PERMIT FOR MULTIPLE NONCONTIGUOUS SITES THAT IS ISSUED BY A CONTROL OFFICER 41 AND THAT REQUIRES CONTROL OF PM-10 EMISSIONS. 42 I. THE REQUIREMENTS OF SUBSECTIONS E AND F LAPSE IF ALL OF THE 43 FOLLOWING APPLY: 44 1. THE AREA OF THE DISTURBED SURFACE AREA IS LESS THAN FIVE ACRES. 45S.B. 1552

- 29 - 2. THE PREVIOUSLY DISTURBED AREAS ARE STABILIZED IN ACCORDANCE WITH 1 THE REQUIREMENTS OF APPLICABLE RULES. 2 3. THE PERMITTEE PROVIDES NOTICE OF THE ACREAGE STABILIZED TO THE 3 CONTROL OFFICER. 4 J. PERMITTEES WHO ARE REQUIRED TO OBTAIN A SINGLE PERMIT FOR MULTIPLE 5 NONCONTIGUOUS SITES THAT IS ISSUED BY A CONTROL OFFICER AND THAT REQUIRES 6 CONTROL OF PM-10 EMISSIONS FROM DUST GENERATING OPERATIONS SHALL HAVE ON 7 SITES WITH GREATER THAN ONE ACRE OF DISTURBED SURFACE AREA AT LEAST ONE 8 INDIVIDUAL WHO IS DESIGNATED BY THE PERMITTEE AS A DUST CONTROL COORDINATOR 9 TRAINED IN ACCORDANCE WITH SUBSECTION C. THE DUST CONTROL COORDINATOR SHALL 10 BE PRESENT ON SITE AT ALL TIMES DURING PRIMARY DUST GENERATING ACTIVITIES 11 THAT ARE RELATED TO THE PURPOSES FOR WHICH THE PERMIT WAS OBTAINED. THIS 12 SUBSECTION DOES NOT APPLY TO PERMITTEES SUBJECT TO SUBSECTIONS B AND C. 13 49-474.06. Dust control; subcontractor registration; fee 14 A. IN AN AREA DESIGNATED BY THE ENVIRONMENTAL PROTECTION AGENCY AS A 15 SERIOUS PM-10 NONATTAINMENT AREA OR A MAINTENANCE AREA THAT WAS DESIGNATED AS 16 A SERIOUS PM-10 NONATTAINMENT AREA, A SUBCONTRACTOR WHO IS ENGAGED IN DUST 17 GENERATING OPERATIONS AT A SITE THAT IS SUBJECT TO A PERMIT THAT IS ISSUED BY 18 A CONTROL OFFICER AND THAT REQUIRES CONTROL OF PM-10 EMISSIONS FROM DUST 19 GENERATING OPERATIONS SHALL REGISTER WITH THE CONTROL OFFICER BY SUBMITTING 20 INFORMATION IN THE MANNER PRESCRIBED BY THE CONTROL OFFICER. THE CONTROL 21 OFFICER SHALL ISSUE A REGISTRATION NUMBER AFTER PAYMENT OF THE FEE AUTHORIZED 22 UNDER SUBSECTION C. 23 B. THE SUBCONTRACTOR SHALL HAVE ITS REGISTRATION NUMBER READILY 24 ACCESSIBLE ON SITE WHILE CONDUCTING ANY DUST GENERATING OPERATIONS. 25 C. THE CONTROL OFFICER MAY ESTABLISH AND ASSESS A FEE FOR THE 26 REGISTRATION REQUIRED UNDER SUBSECTION A BASED ON THE TOTAL COST OF 27 PROCESSING THE REGISTRATION AND ISSUANCE OF A REGISTRATION NUMBER. 28 49-474.07. Voluntary diesel equipment retrofit program; 29 criteria; inventory; permits 30 A. A COUNTY WITH A POPULATION OF MORE THAN FOUR HUNDRED THOUSAND 31 PERSONS SHALL OPERATE AND ADMINISTER A VOLUNTARY DIESEL EMISSIONS RETROFIT 32 PROGRAM IN THE COUNTY FOR THE PURPOSE OF REDUCING PARTICULATE EMISSIONS FROM 33 DIESEL EQUIPMENT. THE PROGRAM SHALL PROVIDE FOR REAL AND QUANTIFIABLE 34 EMISSIONS REDUCTIONS BASED ON ACTUAL EMISSIONS REDUCTIONS BY AN AMOUNT 35 GREATER THAN THAT ALREADY REQUIRED BY APPLICABLE LAW, RULE, PERMIT OR ORDER 36 AND COMPUTED BASED ON THE PERCENTAGE EMISSIONS REDUCTIONS FROM THE TESTING OF 37 THE DIESEL RETROFIT EQUIPMENT PRESCRIBED IN SUBSECTION C AS APPLIED TO THE 38 RATED EMISSIONS OF THE ENGINE AND USING THE STANDARD OPERATING HOURS OF THE 39 EQUIPMENT. 40 B. A PERSON MAY PARTICIPATE IN THE PROGRAM IF BOTH OF THE FOLLOWING 41 APPLY: 42 1. THE PERSON IS THE OWNER OF DIESEL POWERED EQUIPMENT THAT REQUIRES A 43 PERMIT ISSUED PURSUANT TO THIS ARTICLE FOR LAWFUL OPERATION. 44S.B. 1552

- 30 - 2. THE PERSON REPORTS TO THE CONTROL OFFICER ON THE TYPE OF EQUIPMENT 1 THAT IS RETROFITTED, PROVIDES A METHOD FOR CALCULATING THE EMISSIONS 2 REDUCTIONS ACHIEVED THAT IS APPROVED BY THE CONTROL OFFICER AND PROVIDES 3 EVIDENCE THAT THE RETROFITTED EQUIPMENT IS ACTUALLY USED IN A MANNER THAT 4 RESULTS IN LOWER PARTICULATE EMISSIONS WITH NO INCREASE IN EMISSIONS OF OTHER 5 POLLUTANTS. 6 C. THE VOLUNTARY DIESEL RETROFIT PROGRAM SHALL PROVIDE FOR THE 7 FOLLOWING: 8 1. EACH PERSON WHO PARTICIPATES SHALL ALLOCATE TO THE AIR QUALITY 9 EMISSIONS REDUCTION INVENTORY FOR THAT COUNTY ONE-HALF OF THE TOTAL 10 PARTICULATE EMISSIONS REDUCTION ACHIEVED THROUGH THAT PERSON'S RETROFIT OF 11 DIESEL EQUIPMENT OPERATING AT THE PERMITTED SITE WHETHER OR NOT THAT 12 EQUIPMENT IS REQUIRED TO HAVE A PERMIT. 13 2. EACH PERSON WHO PARTICIPATES SHALL RETAIN ONE-HALF OF THE TOTAL 14 PARTICULATE EMISSIONS REDUCTION ACHIEVED THROUGH THAT PERSON'S RETROFIT OF 15 EQUIPMENT AT THE SITE FOR PURPOSES OF RECEIVING A MODIFICATION TO AN EXISTING 16 PERMIT OR A PROVISION IN A NEW PERMIT THAT ALLOWS FOR EXTENDED HOURS OF 17 OPERATION FOR THE PERMITTED EQUIPMENT, AS COMPARED TO THE EXISTING PERMIT, OR 18 FOR NEW PERMITS, AS COMPARED TO PERMITS FOR SIMILAR EQUIPMENT. 19 3. THE DIESEL EMISSIONS REDUCTION EQUIPMENT THAT IS RETROFITTED SHALL 20 BE REGISTERED WITH THE DEPARTMENT OF ENVIRONMENTAL QUALITY WITH NOTICE TO THE 21 APPLICABLE COUNTY, SHALL BE TESTED WITH AN ISO 8178 TEST BY A PROPERLY 22 EQUIPPED LABORATORY AND SHALL DEMONSTRATE AT LEAST A THIRTY-FIVE PER CENT 23 REDUCTION IN PARTICULATE POLLUTION WITH NO INCREASE IN THE GENERATION OR 24 EMISSION OF OTHER REGULATED POLLUTANTS. THIS PARAGRAPH APPLIES WITHOUT 25 REGARD TO WHETHER THE PARTICIPANT IS REQUIRED TO OBTAIN AN AIR QUALITY PERMIT 26 FOR THE EQUIPMENT. 27 4. THE CONTROL OFFICER SHALL PROVIDE A METHOD FOR DETERMINING THE 28 PARTICIPANT'S ELIGIBILITY FOR THE PROGRAM AND FOR THE MODIFICATION OF 29 EXISTING PERMITS OR FOR INCORPORATING THIS PROGRAM'S PROVISIONS INTO THE 30 TERMS OF ANY APPLICABLE NEW PERMITS AS WELL AS ANY REPORTING REQUIREMENTS TO 31 ENSURE CONTINUED USE OF THE EMISSIONS REDUCTION MEASURES. 32 D. THIS SECTION DOES NOT AUTHORIZE A PERMIT CONDITION OR A 33 MODIFICATION TO A PERMIT CONDITION THAT WOULD VIOLATE A REQUIREMENT OF THE 34 CLEAN AIR ACT, THIS CHAPTER OR A RULE ADOPTED UNDER THIS CHAPTER, INCLUDING 35 THE NATIONAL AMBIENT AIR QUALITY STANDARDS. THIS SECTION DOES NOT AUTHORIZE 36 THE USE OF REDUCTIONS IN MOBILE SOURCE EMISSIONS FOR PURPOSES OF DETERMINING 37 THE APPLICABILITY OF NEW SOURCE REVIEW REQUIREMENTS. 38 Sec. 18. S ection 49-501, Arizona Revised Statutes, is amended to read: 39 49-501

. Unlawful open burning; exceptions; fine; definition 40 A. Notwithstanding the provisions of any other section of this 41 article : , 42 1. It is unlawful for any person to ignite, cause to be ignited, 43 permit to be ignited, or suffer, allow, or maintain any open outdoor fire 44 except as provided in this section. 45S.B. 1552

- 31 - 2. FROM MAY 1 THROUGH SEPTEMBER 30 EACH YEAR, IT IS UNLAWFUL FOR ANY 1 PERSON TO IGNITE, CAUSE TO BE IGNITED, PERMIT TO BE IGNITED OR SUFFER, ALLOW 2 OR MAINTAIN ANY OPEN OUTDOOR FIRE IN AREA A AS DEFINED IN SECTION 49-541. 3 C. B. The following fires are excepted from the provisions of this 4 section: 5 1. Fires used only for cooking of food or for providing warmth for 6 human beings or for recreational purpos es or the branding of animals or the 7 use of orchard heaters for the purpose of frost protection in farming or 8 nursery operations. 9 2. Any fire set or permitted by any public officer in the performance 10 of official duty, if such fire is set or permission given for the purpose of 11 weed abatement, the prevention of a fire hazard, or instruction in the 12 methods of fighting fires. 13 3. Fires set by or permitted by the director of the department of 14 agriculture or county agricultural agents of the county for the purpose of 15 disease and pest prevention. 16 4. Fires set by or permitted by the federal government or any of its 17 departments, agencies or agents or the state or any of its agencies, 18 departments or political subdivisions for the purpose of watershed 19 rehabilitation or control through vegetative manipulation. 20 5. Fires permitted by any rule or regulation issued pursuant to this 21 article, by any conditional permit issued by a hearing board established 22 under this article or by any rule or conditional permit issued pursuant to 23 article 2 of this chapter when the department of environmental quality 24 pursuant to section 49-402 has assumed jurisdiction of the county in which 25 the fire is located. 26 6. Fires set for the disposal of dangerous materials where there is no 27 safe alternate method of disposal. 28 D. C. Permission for the setting of any fire given by a public 29 officer in the performance of official duty under subsection C B , paragraph 30 2, 3 or 4 OF THIS SECTION shall be given in writing and a copy of the written 31 permission shall be transmitted immediately to the director OF ENVIRONMENTAL 32 QUALITY and the control officer of the county, district or region in which 33 such fire is allowed. The setting of any such fire shall be conducted in a 34 manner and at such time as approved by the control officer or the director OF 35 ENVIRONMENTAL QUALITY , unless doing so would defeat the purpose of the 36 exemption. 37 E. D. Notwithstanding section 49-107, the director may delegate 38 authority for the issuance of open burning permits to a county, city, town or 39 fire district. A county, city, town or fire district that has been delegated 40 authority for the issuance of open burning permits may assign the issuance of 41 these permits to a private fire protection service provider that performs 42 fire protection services within that county, city, town or fire district. 43 Any private fire protection service provider that is authorized to issue open 44 burning permits pursuant to this subsection shall maintain a copy of all 45S.B. 1552

- 32 - currently effective permits issued including a means of contacting the person 1 authorized by the permit to set the fire in the event that an order to 2 extinguish the open burning is issued. Permits issued pursuant to this 3 subsection shall contain both of the following: 4 1. Conditions that limit the manner and time of setting the fire and 5 that are consistent with this section and rules adopted pursuant to this 6 section. 7 2. A provision that all burning be extinguished at the discretion of 8 the director or the director's authorized representative during periods of 9 inadequate atmospheric smoke dispersion, periods of excessive visibility 10 impairment that could adversely affect public safety or periods when smoke is 11 blown into populated areas so as to create a public nuisance. 12
F. E. The director may issue a general permit to allow persons 13 engaged in farming or ranching on forty acres or more in an unincorporated 14 area to burn household waste, as defined in section 49-701, that is generated 15 on site, if no household waste collection and disposal service is available. 16 The general permit shall include the following: 17 1. Conditions governing the method, manner and times for burning. 18 2. Limitation on materials which may be burned, including a 19 prohibition on burning of materials which generate noxious fumes. 20 3. A requirement that any person seeking coverage under the general 21 permit shall register with the director on a form prescribed by the director. 22 Upon receipt of a registration form, the director shall notify the county in 23 which the farm or ranch is located of such registration. 24 4. A statement that the director, a local air pollution control 25 officer, or any other public officer may order the extinguishment of burning 26 or may prohibit burning during periods of inadequate smoke dispersion 27 or excessive visibility impairment or at other times when public health or 28 safety could be adversely affected. 29 G. F. Nothing in this section is intended to permit any practice 30 which is a violation of any statute, ordinance, rule or regulation in a 31 county with a population in excess of one million two hundred thousand 32

persons

. according to the most recent United States decennial census. 33 NOTWITHSTANDING ANY OTHER LAW, SUCH A COUNTY SHALL PROHIBIT BY ORDINANCE THE 34 USE OF WOOD BURNING CHIMINEAS, OUTDOOR FIRE PITS AND SIMILAR OUTDOOR FIRES ON 35 THOSE DAYS FOR WHICH THE COUNTY HAS ISSUED A NO BURN DAY RESTRICTION. 36 H. G. A person who violates any provision of this section may be 37 served a notice of violation and be subject to the enforcement provisions of 38 this article to the same extent as a person violating any rule or regulation 39 adopted pursuant to this article, EXCEPT THAT A VIOLATION THAT LASTS NO MORE 40 THAN TWENTY-FOUR HOURS AND THAT IS THE FIRST VIOLATION COMMITTED BY THAT 41 PERSON IS SUBJECT TO A CIVIL PENALTY OF NO MORE THAN FIVE HUNDRED DOLLARS

. 42 I. Any violation of this section shall be punishable by a fine not to 43 exceed twenty

- five dollars. 44S.B. 1552

- 33 - B. H. FOR THE PURPOSES OF THIS SECTION, "open outdoor fire" , as used 1 in this section, means any combustion of combustible material of any type 2 outdoors, in the open where the products of combustion are not directed 3 through a flue. FOR THE PURPOSES OF THIS SUBSECTION, "flue" , as used in 4 this subsection, means any duct or passage for air, gases or the like, such 5 as a stack or chimney. 6 Sec. 19. Section 49-542, Arizona Revised Statutes, as amended by Laws 7 2007, chapter 171, section 5, is amended to read: 8 49-542

. Emissions inspection program; powers and duties of 9 director; administration; periodic inspection; 10 minimum standards and rules; exceptions; definition 11 A. The director shall administer a comprehensive annual or biennial 12 emissions inspection program which shall require the inspection of vehicles 13 in this state pursuant to this article and applicable administrative rules. 14 Such inspection is required in area A and area B, for those vehicles owned by 15 a person who is subject to section 15-1444 or 15-1627 and for those vehicles 16 registered outside of area A or area B but used to commute to the driver's 17 principal place of employment located within area A or area B. Inspection in 18 other counties of the state shall commence upon application by a county board 19 of supervisors for participation in such inspection program, subject to 20 approval by the director. In all counties with a population of three hundred 21 fifty thousand or fewer persons according to the most recent United States 22 decennial census, except for the portion of counties that contain any portion 23 of area A, the director shall as conditions dictate provide for testing to 24 determine the effect of vehicle related pollution on ambient air quality in 25 all communities with a metropolitan area population of twenty thousand 26 persons or more according to the most recent United States decennial census. 27 If such testing detects the violation of state ambient air quality standards 28 by vehicle related pollution, the director shall forward a full report of 29 such violation to the president of the senate, the speaker of the house of 30 representatives and the governor. 31 B. The state's annual or biennial emissions inspection program shall 32 provide for vehicle inspections at official emissions inspection stations or 33 at fleet emissions inspection stations. Each inspection station in area A 34 shall employ at least one mechanic who is available during the station's 35 hours of operation to provide technical advice and assistance for persons who 36 fail the emissions test. The director may enter into agreements with the 37 department of transportation or with county assessors for the use of official 38 emissions inspection stations for the purpose of conducting vehicle 39 registrations. An official or fleet emissions inspection station permit 40 shall not be sold, assigned, transferred, conveyed or removed to another 41 location except on such terms and conditions as the director may prescribe. 42 C. Vehicles required to be inspected and registered in this state, 43 except those provided for in section 49-546, shall be inspected, for the 44 purpose of complying with the registration or reregistration requirement 45S.B. 1552

- 34 - pursuant to subsection D of this section, in accordance with the provisions 1 of this article no more than ninety days prior to each reregistration 2 expiration date. A vehicle may be submitted voluntarily for inspection more 3 than ninety days before the reregistration expiration date on payment of the 4 prescribed inspection fee. Such voluntary inspection shall not be considered 5 as compliance with the registration or reregistration requirement pursuant to 6 subsection D of this section. 7 D. A vehicle shall not be registered or reregistered until such 8 vehicle has passed the emissions inspection

, and the tampering inspection 9 prescribed in subsection G of this section AND THE LIQUID FUEL LEAK 10 INSPECTION PRESCRIBED IN SUBSECTION Z OF THIS SECTION or has been issued a 11 certificate of waiver. A certificate of waiver shall only be issued one time 12 to a vehicle after January 1, 1997. If any vehicle to be registered or 13 reregistered is being sold by a dealer licensed to sell motor vehicles 14 pursuant to title 28, the cost of any inspection and any repairs necessary to 15 pass the inspection shall be borne by the dealer. A dealer who is licensed 16 to sell motor vehicles pursuant to title 28 and whose place of business is 17 located in area A or area B shall not deliver any vehicle to the retail 18 purchaser until the vehicle passes any inspection required by this article or 19 the vehicle is exempt under subsection J of this section. 20 E. On the registration or reregistration of a vehicle which has 21 complied with the minimum emissions standards pursuant to this section or is 22 otherwise exempt under this section, the registering officer shall issue an 23 air quality compliance sticker to the registered owner which shall be placed 24 on the vehicle as prescribed by rule adopted by the department of 25 transportation or issue a modified year validating tab as prescribed by rule 26 adopted by the department of transportation. Those persons who reside 27 outside of area A or area B but who elect to test their vehicle or are 28 required to test their vehicle pursuant to this section and who comply with 29 the minimum emissions standards pursuant to this section or are otherwise 30 exempt under this section shall remit a compliance form, as prescribed by the 31 department of transportation, and proof of compliance issued at an official 32 emissions inspection station to the department of transportation along with 33 the appropriate fees. The department of transportation shall then issue the 34 person an air quality compliance sticker which shall be placed on the vehicle 35 as prescribed by rule adopted by the department of transportation. The 36 registering officer or the department of transportation shall collect an air 37 quality compliance fee of twenty-five cents. The registering officer or the 38 department of transportation shall deposit, pursuant to sections 35-146 and 39 35-147, the air quality compliance fee in the state highway fund established 40 by section 28-6991. The department of transportation shall deposit, pursuant 41 to sections 35-146 and 35-147, any emissions inspection fee in the emissions 42 inspection fund. The provisions of this subsection do not apply to those 43 vehicles registered pursuant to title 28, chapter 7, article 7 or 8, the sale 44 of vehicles between motor vehicle dealers or vehicles leased to a person 45S.B. 1552

- 35 - residing outside of area A or area B by a leasing company whose place of 1 business is in area A or area B. 2 F. The director shall adopt minimum emissions standards pursuant to 3 section 49-447 with which the various classes of vehicles shall be required 4 to comply as follows: 5 1. For the purpose of determining compliance with minimum emissions 6 standards in area B: 7 (a) A motor vehicle manufactured in or before the 1980 model year, 8 other than a diesel powered vehicle, shall be required to take and pass the 9 curb idle test condition. A diesel powered vehicle is subject to only a 10 loaded test condition. The conditioning mode shall, at the option of the 11 vehicle owner or owner's agent, be administered only after the vehicle has 12 failed the curb idle test condition. Upon completion of such conditioning 13 mode, a vehicle that has failed the curb idle test condition may be retested 14 in the curb idle test condition. If the vehicle passes such retest, it shall 15 be deemed in compliance with minimum emissions standards unless the vehicle 16 fails the tampering inspection pursuant to subsection G of this section OR 17 THE LIQUID LEAK FUEL INSPECTION PURSUANT TO SUBSECTION Z OF THIS SECTION

. 18 (b) A motor vehicle manufactured in or after the 1981 model year, 19 other than a diesel powered vehicle, shall be required to take and pass the 20 curb idle test condition and the loaded test condition or an onboard 21 diagnostic check as may be required pursuant to title II of the clean air 22
act. 23 2. For purposes of determining compliance with minimum emissions 24 standards and functional tests in area A: 25 (a) Motor vehicles manufactured in or after model year 1981 with a 26 gross vehicle weight rating of eighty-five hundred pounds or less, other than 27 diesel powered vehicles, shall be required to take and pass a transient 28 loaded emissions test or an onboard diagnostic check as may be required 29 pursuant to title II of the clean air act. 30 (b) Motor vehicles other than those prescribed by subdivision (a) of 31 this paragraph and other than diesel powered vehicles shall be required to 32 take and pass a steady state loaded test and a curb idle emissions test. 33 (c) A diesel powered motor vehicle applying for registration or 34 reregistration in area A shall be required to take and pass an annual 35 emissions test conducted at an official emissions inspection station or a 36 fleet emissions inspection station as follows: 37 (i) A loaded, transient or any other form of test as provided for in 38 rules adopted by the director for vehicles with a gross vehicle weight rating 39 of eight thousand five hundred pounds or less. 40 (ii) A test that conforms with the society for automotive engineers 41 standard J1667 for vehicles with a gross vehicle weight rating of more than 42 eight thousand five hundred pounds. 43 (d) Motor vehicles by specific class or model year shall be required 44 to take and pass any of the following tests: 45S.B. 1552

- 36 - (i) An evaporative system purge test. 1 (ii) An evaporative system integrity test. 2 (e) An onboard diagnostic check as may be required pursuant to title 3 II of the clean air act. 4 3. A motorcycle in area A or any constant four wheel drive vehicle 5 shall be required to take and pass a curb idle emissions test or an onboard 6 diagnostic check as required pursuant to title II of the clean air act. 7 4. Fleet operators in area B must comply with this section, except 8 that used vehicles sold by a motor vehicle dealer who is a fleet operator and 9 who has been issued a permit under section 49-546 shall be tested as follows: 10 (a) A motor vehicle manufactured in or before the 1980 model year 11 shall take and pass only the curb idle test condition, except that a diesel 12 powered vehicle is subject to only a loaded test condition. 13 (b) A motor vehicle manufactured in or after the 1981 model year shall 14 take and pass the curb idle test condition and a twenty-five hundred 15 revolutions per minute unloaded test condition. 16 5. Vehicles owned or operated by the United States, this state or a 17 political subdivision of this state shall comply with this subsection without 18 regard to whether those vehicles are required to be registered in this state, 19 except that alternative fuel vehicles of a school district that is located in 20 area A shall be required to take and pass the curb idle test condition and 21 the loaded test condition. 22 6. Fleet operators in area A shall comply with this section, except 23 that used vehicles sold by a motor vehicle dealer who is a fleet operator and 24 who has been issued a permit pursuant to section 49-546 for purposes of 25 determining compliance with minimum emission standards in area A shall be 26 tested as follows: 27 (a) A motor vehicle manufactured in or before the 1980 model year 28 shall take and pass the curb idle test condition, except that a diesel 29 powered vehicle is subject to only a loaded test condition. 30 (b) A motor vehicle manufactured in or after the 1981 model year shall 31 take and pass the curb idle test condition and a two thousand five hundred 32 revolutions per minute unloaded test condition. 33 7. Beginning on January 1, 2004 and except for any registered owner or 34 lessee of a fleet of less than twenty-five vehicles, a diesel powered motor 35 vehicle with a gross vehicle weight of more than twenty-six thousand pounds 36 and for which gross weight fees are paid pursuant to title 28, chapter 15, 37 article 2 in area A shall not be allowed to operate in area A unless it was 38 manufactured in or after the 1988 model year or is powered by an engine that 39 is certified to meet or surpass emissions standards contained in 40 Code of 40 Federal Regulations section 86.088-11. This paragraph does not apply to 41 vehicles that are registered pursuant to title 28, chapter 7, article 7 or 8. 42 8. Beginning on January 1, 2006 for any registered owner or lessee of 43 a fleet of less than twenty-five vehicles, a diesel powered motor vehicle 44 with a gross vehicle weight of more than twenty-six thousand pounds and for 45S.B. 1552

- 37 - which gross weight fees are paid pursuant to title 28, chapter 15, article 2 1 in area A shall not be allowed to operate in area A unless it was 2 manufactured in or after the 1988 model year or is powered by an engine that 3 is certified to meet or surpass emissions standards contained in 40 Code of 4 Federal Regulations section 86.088-11. This paragraph does not apply to 5 vehicles that are registered pursuant to title 28, chapter 7, article 7 or 8. 6 G. In addition to an emissions inspection, a vehicle is subject to a 7 tampering inspection on at least a biennial basis if the vehicle was 8 manufactured after the 1974 model year and the vehicle is not subject to a 9 transient loaded emissions test or an onboard diagnostic check as required 10 pursuant to title II of the clean air act. The director shall adopt vehicle 11 configuration guidelines for the tampering inspection which shall be based on 12 the original configuration of the vehicle when manufactured. The tampering 13 inspection shall consist of the following: 14 1. A visual check to determine the presence of properly installed 15 catalytic converters. 16 2. An examination to determine the presence of an operational air 17

pump. 18 3. In area A, if the vehicle was manufactured after the 1974 model 19 year and is not subject to a transient loaded emissions test or an onboard 20 diagnostic check as required pursuant to title II of the clean air act, a 21 visual inspection for the presence or malfunction of the positive crankcase 22 ventilation system and the evaporative control system. 23 H. Vehicles required to be inspected shall undergo a functional test 24 of the gas cap to determine if the cap holds pressure within limits 25 prescribed by the director, except for any vehicle that is subject to an 26 evaporative system integrity test. 27 I. Motor vehicles failing the initial or subsequent test are not 28 subject to a penalty fee for late registration renewal if the original 29 testing was accomplished before the expiration date and if the registration 30 renewal is received by the motor vehicle division or the county assessor 31 within thirty days of the original test. 32 J. The director may adopt rules for purposes of implementation, 33 administration, regulation and enforcement of the provisions of this article 34 including: 35 1. The submission of records relating to the emissions inspection of 36 vehicles inspected by another jurisdiction in accordance with another 37 inspection law and the acceptance of such inspection for compliance with the 38 provisions of this article. 39 2. The exemption from inspection of: 40 (a) A motor vehicle manufactured in or before the 1966 model year. 41 (b) New vehicles originally registered at the time of initial retail 42 sale and titling in this state pursuant to section 28-2153 or 28-2154. 43 (c) Vehicles registered pursuant to title 28, chapter 7, article 7 44 or 8. 45S.B. 1552

- 38 - (d) New vehicles before the sixth registration year after initial 1 purchase or lease. 2 (e) Vehicles which will not be available within the state during the 3 ninety days prior to registration. 4 (f) Golf carts. 5 (g) Electrically-powered vehicles. 6 (h) Vehicles with an engine displacement of less than ninety cubic 7 centimeters. 8 (i) The sale of vehicles between motor vehicle dealers. 9 (j) Vehicles leased to a person residing outside of area A or area B 10 by a leasing company whose place of business is in area A or area B. 11 (k) Collectible vehicles. 12 (l) Motorcycles in area B. 13 3. Compiling and maintaining records of emissions test results after 14 servicing. 15 4. A procedure which shall allow the vehicle service and repair 16 industry to compare the calibration accuracy of its emissions testing 17 equipment with the department's calibration standards. 18 5. Training requirements for automotive repair personnel using 19 emissions measuring equipment whose calibration accuracy has been compared 20 with the department's calibration standards. 21 6. Any other rule which may be required to accomplish the provisions 22 of this article. 23 K. The director shall, after consultation with automobile 24 manufacturers and the vehicle service and repair industry, establish by rule 25 a definition of "low emissions tune-up" for motor vehicles subject to 26 inspection under this article. The definition shall specify repair 27 procedures which, when implemented, will reduce vehicle emissions. 28 L. The director shall adopt rules which specify that the estimated 29 retail cost of all recommended maintenance and repairs shall not exceed the 30 amounts prescribed in this subsection, except that if a vehicle fails a 31 tampering inspection there is no limit on the cost of recommended maintenance 32 and repairs. The director shall issue a certificate of waiver for a vehicle 33 which has failed reinspection, if the director has determined that all 34 recommended maintenance and repairs have been performed. If, after 35 reinspection, the director has determined that the vehicle is in compliance 36 with minimum emissions standards or that all recommended maintenance and 37 repairs for compliance with minimum emissions standards have been performed, 38 but that tampering discovered at a tampering inspection has not been 39 repaired, the director may issue a certificate of waiver if the owner of the 40 vehicle provides to the director a written statement from an automobile parts 41 or repair business that an emissions control device which is necessary to 42 repair the tampering is not available and cannot be obtained from any usual 43 source of supply before the vehicle's current registration expires. Rules 44 adopted by the director for the purpose of establishing the estimated retail 45S.B. 1552

- 39 - cost of all recommended maintenance and repairs pursuant to this subsection 1 shall specify that: 2 1. In area A the cost shall not exceed: 3 (a) Five hundred dollars for a diesel powered vehicle with a gross 4 weight in excess of twenty-six thousand pounds. 5 (b) Five hundred dollars for a diesel powered vehicle with tandem 6 axles. 7 (c) For a vehicle other than a diesel powered vehicle with a gross 8 weight in excess of twenty-six thousand pounds and other than a diesel 9 powered vehicle with tandem axles: 10 (i) Two hundred dollars for such a vehicle manufactured in or before 11 the 1974 model year. 12 (ii) Three hundred dollars for such a vehicle manufactured in the 1975 13 through 1979 model years. 14 (iii) Four hundred fifty dollars for such a vehicle manufact ured in or 15 after the 1980 model year. 16 2. In area B the cost shall not exceed: 17 (a) Three hundred dollars for a diesel powered vehicle with a gross 18 weight in excess of twenty-six thousand pounds. 19 (b) Three hundred dollars for a diesel powered vehicle with tandem 20 axles. 21 3. For a vehicle other than a diesel powered vehicle with a gross 22 weight in excess of twenty-six thousand pounds and other than a diesel 23 powered vehicle with tandem axles: 24 (a) Fifty dollars for such a vehicle manufactured in or before the 25 1974 model year. 26 (b) Two hundred dollars for such a vehicle manufactured in the 1975 27 through 1979 model years. 28 (c) Three hundred dollars for such a vehicle manufactured in or after 29 the 1980 model year. 30 M. Each person whose vehicle has failed an emissions inspection shall 31 be provided a list of those general recommended tune-up procedures for 32 vehicles which are designed to reduce vehicle emissions levels. The list 33 shall include the following notice: "This test is the result of federal law. 34 You may wish to contact your representative in the United States Congress." 35 N. Notwithstanding any other provisions of this article, the director 36 may adopt rules allowing exemptions from the requirement that all vehicles 37 must meet the minimum standards for registration or reregistration. 38 O. The director of environmental quality shall establish, in 39 cooperation with the assistant director for the motor vehicle division of the 40 department of transportation: 41 1. An adequate method for identifying bona fide residents residing 42 outside of area A or area B to ensure that such residents are exempt from 43 compliance with the inspection program established by this article and rules 44 adopted under this article. 45S.B. 1552

- 40 - 2. A written notice that shall accompany the vehicle registration 1 application forms that are sent to vehicle owners pursuant to section 28-2151 2 and that shall accompany or be included as part of the vehicle emissions test 3 results that are provided to vehicle owners at the time of the vehicle 4 emissions test. This written notice shall describe at least the following: 5 (a) The restriction of the waiver program to one time per vehicle and 6 a brief description of the implications of this limit. 7 (b) The availability and a brief description of the vehicle repair and 8 retrofit program established pursuant to section 49-474.03. 9 (c) Notice that many vehicles carry extended warranties for vehicle 10 emissions systems, and those warranties are described in the vehicle's 11 owner's manual or other literature. 12 (d) A description of the catalytic converter replacement program 13 established pursuant to section 49-474.03. 14 P. Notwithstanding any other law, if area A or area B is reclassified 15 as an attainment area, emissions testing conducted pursuant to this article 16 shall continue for vehicles registered inside that reclassified area, 17 vehicles owned by a person who is subject to section 15-1444 or 15-1627 and 18 vehicles registered outside of that reclassified area but used to commute to 19 the driver's principal place of employment located within that reclassified 20

area. 21 Q. A fleet operator who is issued a permit pursuant to section 49-546 22 may electronically transmit emissions inspection data to the department of 23 transportation pursuant to rules adopted by the director of the department of 24 transportation in consultation with the director of environmental quality. 25 R. The director shall prohibit a certificate of waiver pursuant to 26 subsection L of this section for any vehicle which has failed inspection in 27 area A due to the catalytic converter system. 28 S. The director shall establish provisions for rapid testing of 29 certain vehicles and to allow fleet operators, singly or in combination, to 30 contract directly for vehicle emissions testing. 31 T. Each vehicle emissions control station in area A shall have a sign 32 posted to be visible to persons who are having their vehicles tested. This 33 sign shall state that enhanced testing procedures are a direct result of 34 federal law. 35 U. The initial adoption of rules pursuant to this section shall be 36 deemed emergency rules pursuant to section 41-1026. 37 V. The director of environmental quality and the director of the 38 department of transportation shall implement a system to exchange information 39 relating to the waiver program, including information relating to vehicle 40 emissions test results and vehicle registration information. 41 W. Any person who sells a vehicle that has been issued a certificate 42 of waiver pursuant to this section after January 1, 1997 and who knows that a 43 certificate of waiver has been issued after January 1, 1997 for that vehicle 44S.B. 1552

- 41 - shall disclose to the buyer before completion of the sale that a certificate 1 of waiver has been issued for that vehicle. 2 X. Vehicles that fail the emissions test at emission levels higher 3 than twice the standard established for that vehicle class by the department 4 pursuant to section 49-447 are not eligible for a certificate of waiver 5 pursuant to this section unless the vehicle is repaired sufficiently to 6 achieve an emissions level below twice the standard for that class of 7 vehicle. 8 Y. If an insurer notifies the department of transportation of the 9 cancellation or nonrenewal of collectible vehicle or classic automobile 10 insurance coverage for a collectible vehicle, the department of 11 transportation shall cancel the registration of the vehicle and the vehicle's 12 exemption from emissions testing pursuant to this section unless evidence of 13 coverage is presented to the department of transportation within sixty days. 14 Z. IN ADDITION TO AN EMISSIONS INSPECTION, A VEHICLE IS SUBJECT TO A 15 LIQUID FUEL LEAK INSPECTION ON AT LEAST A BIENNIAL BASIS IF THE VEHICLE WAS 16 MANUFACTURED AFTER THE 1974 MODEL YEAR AND IS NOT A DIESEL VEHICLE. THE 17 DIRECTOR SHALL ADOPT RULES PRESCRIBING PROCEDURES AND STANDARDS FOR THE 18 LIQUID FUEL LEAK INSPECTION. 19
Z. AA. For the purposes of this section, "collectible vehicle" means 20 a vehicle that complies with both of the following: 21 1. Either: 22 (a) Bears a model year date of original manufacture that is at least 23 fifteen years old. 24 (b) Is of unique or rare design, of limited production and an object 25 of curiosity. 26 2. Meets both of the following criteria: 27 (a) Is maintained primarily for use in car club activities, 28 exhibitions, parades or other functions of public interest or for a private 29 collection and is used only infrequently for other purposes. 30 (b) Has a collectible vehicle or classic automobile insurance coverage 31 that restricts the collectible vehicle mileage or use, or both, and requires 32 the owner to have another vehicle for personal use. 33 Sec. 20. Interim rule making; publication 34 Notwithstanding title 41, chapter 6, article 3, Arizona Revised 35 Statutes, the best management practices committee for regulated agricultural 36 activities established under section 49-457, Arizona Revised Statutes, shall 37 adopt the rules required by section 49-457, Arizona Revised Statutes, as 38 amended by this act, as interim rules with an immediate effective date in 39 compliance with section 41-1032, Arizona Revised Statutes, in order to comply 40 with the December 31, 2007 deadline imposed by the United States 41 environmental protection agency for failure to attain the national ambient 42 air quality standard for PM-10 on or before December 31, 2006. The rules 43 shall have an immediate effective date. Interim rules are exempt from title 44 41, chapter 6, article 3, Arizona Revised Statutes, except that the committee 45S.B. 1552

- 42 - shall submit the rules for publication and the secretary of state shall 1 publish the rules in the Arizona administrative register. 2 Sec. 21. Construction contracts with public entities; 3 definition 4 A. If this state or an agency or political subdivision of this state 5 is party to a construction contract executed before enactment of this act, 6 the state, agency or political subdivision may agree to a contract amendment 7 to provide for supplemental payments to reimburse the contractor for costs 8 incurred solely and directly as a result of new dust control requirements 9 imposed under this act if the following conditions are satisfied: 10 1. The measures taken to comply with the new dust control re quirements 11 were necessary and appropriate. 12 2. The measures taken to comply with the new dust control re quirements 13 were not necessary or appropriate to comply with dust control requirements or 14 any other legal or contractual requirements in existence before enactment of 15 this act. 16 3. The contractor provides the state, agency or political subdivision 17 with complete documentation for the costs for which supplemental payment is 18 requested. 19 4. The contractor did not expressly or impliedly assume the risk that 20 additional costs would be incurred as a result of changes in dust control 21 requirements. 22 B. Any invitation to bid or request for proposals issued by this state 23 or an agency or political subdivision of this state for a construction 24 project in area A as defined in section 49-541, Arizona Revised Statutes, 25 shall require that the offer address compliance with all dust control 26 requirements applicable to the project. 27 C. For the purposes of this section, "political subdivision" means an 28 entity supported in whole or in part by tax revenues. 29 Sec. 22. Delayed repeal 30 Section 21 of this act, relating to public contracts and dust control 31 requirements, is repealed from and after September 30, 2009. 32 Sec. 23. City and county particulate enforcement; rep ort; joint 33 legislative budget committee 34 A county and any city or town that is located in an area designated by 35 the environmental protection agency as a serious PM-10 nonattainment area or 36 a maintenance area that was designated as a serious PM-10 nonattainment area 37 shall submit reports on particulate enforcement to the joint legislative 38 budget committee on June 1 and December 1 in 2008 and 2009. The reports 39 shall include the following information for each county, city and town: 40 1. The number of notices of violation issued, fines or penalties 41 assessed or other sanctions imposed for particulate violations. 42 2. The number of inspectors or other enforcement personnel employed 43 for purposes of enforcing statutes, rules or ordinances related to 44 particulates. 45S.B. 1552

- 43 - 3. The number of miles of streets, roads, alleys, shoulders and vacant 1 areas paved or otherwise stabilized. 2 4. Any other information relevant to enforcement of particulate 3 measures prescribed by this act. 4 Sec. 24. State air quality study committee; members; duties; 5 report 6 A. The state air quality study committee is established consisting of 7 the following members: 8 1. Five members of the senate who are appointed by the president of 9 the senate, not more than three of whom are members of the same political 10 party. The president of the senate shall designate one of these members to 11 serve as cochairperson of the committee. 12 2. Five members of the house of representatives who are appointed by 13 the speaker of the house of representatives, not more than three of whom are 14 members of the same political party. The speaker of the house of 15 representatives shall designate one of these members to serve as 16 cochairperson of the committee. 17 B. The purpose of the committee is to examine and make recom mendations 18 for current and future compliance with primary national ambient air quality 19 standards in this state. 20 C. The committee shall: 21 1. Review the implementation and enforcement of the particulate matter 22 and ozone control measures for areas A and C prescribed in this act and 23 adopted by the Maricopa association of governments and Maricopa county for 24 area A. On request of the committee, the Maricopa association of governments 25 shall provide a summary of the five per cent PM-10 reduction plan submitted 26 to the United States environmental protection agency on or before December 27 31, 2007. 28 2. Examine the need to adopt additional particulate matter and ozone 29 control measures in areas A and C to ensure compliance with national ambient 30 air quality standards in areas A and C and any other federal requirements. 31 3. Review the different types of motor fuel standards required by law 32 in this state. 33 4. Examine the need to adjust the different types of motor fuel 34 standards in this state based on the following criteria: 35 (a) Current and future compliance with primary national ambient air 36 quality standards to protect public health. 37 (b) Effect on supply of motor fuel into this state. 38 (c) Effect on the price and costs of production and delivery of motor 39 fuel to consumers. 40 (d) Cost-effectiveness of motor fuel standard changes in comparison 41 with other types of control measures. 42 (e) Federal regulations on locally-specific motor fuel types. 43 5. Review the vehicle emission inspection requirements in this state 44 and examine the applicability of these requirements. 45S.B. 1552

- 44 - 6. Review and examine other air quality control measures, as the 1 committee deems necessary, to ensure current and future compliance with 2 primary national ambient air quality standards to protect public health, 3 including vapor recovery system technologies and requirements. 4 7. Make any recommendations on review and examination of the subjects 5 prescribed in paragraphs 1 through 6 of this subsection. 6 8. Submit a report of its findings and recommendations to the 7 governor, the president of the senate and the speaker of the house of 8 representatives on or before December 31, 2009 and submit copies of these 9 reports to the secretary of state and the director of the Arizona state 10 library, archives and public records. 11 Sec. 25. Department of environmental quality; motor fuels 12 emissions studies; recommendations 13 A. The department of environmental quality shall evaluate the 14 coordinating research council study E-74b. The department of environmental 15 quality shall receive comments evaluating the coordinating research council 16 study E-74b from the department of weights and measures, any trade 17 organizations representing automobile manufacturers, ethanol producers and 18 marketers, petroleum refiners, suppliers, distributors and marketers, and 19 other interested parties. 20 B. The department of environmental quality and each of the entities 21 submitting comments pursuant to subsection A of this section shall consider 22 providing additional research and cooperating to design and conduct any 23 additional studies. 24 C. If funding is made available, and if the department of 25 environmental quality in consultation with each of the entities submitting 26 comments pursuant to subsection A of this section determines additional 27 research is necessary, the department of environmental quality, in 28 consultation with the department of weights and measures, shall develop and 29 implement research that would complement and incorporate the coordinating 30 research council study E-74b regarding Reid vapor pressure and oxygen content 31 effects on emissions of 1994 model year and newer light duty vehicles. The 32 research: 33 1. May include federal test procedure testing of a sufficient number 34 and variety of federal tier 1 and tier 2 standard vehicles to be 35 representative of the current in-use light duty vehicle fleet. 36 2. May include an emissions and air quality assessment of the impacts 37 of changing the area A wintertime Reid vapor pressure standard to comply with 38 American society for testing and materials Reid vapor pressure standards 39 applicable to area A, including the wintertime Reid vapor pressure waiver for 40 ethanol blends allowed by provisions of a waiver issued or other limits 41 established by the United States environmental protection agency. 42 3. May include an assessment of the emissions and air quality impacts 43 of requiring ten per cent ethanol in tandem with any change in Reid vapor 44 pressure, including an assessment of Reid vapor pressure being allowed to 45S.B. 1552

- 45 - rise with no ethanol content and an assessment of fuel containing greater 1 than twenty per cent ethanol content. 2 4. Notwithstanding the receipt of the coordinating research council 3 study E-74b, shall include: 4 (a) An assessment of costs of production and delivery of gasoline and 5 ethanol and an assessment of gasoline and ethanol supplies and logistics. 6 (b) A statewide assessment of increasing flexibility under state 7 standards for blending ethanol to include impacts on the environment, vehicle 8 performance and costs to consumers. 9 D. On or before February 15, 2008, the department of environmental 10 quality shall submit its evaluation of the coordinating research council 11 study E-74b and any comments received pursuant to subsection A of this 12 section to the governor, the president of the senate and the speaker of the 13 house of representatives for referral to the appropriate standing committees 14 of the senate and the house of representatives. The department shall submit 15 copies of the evaluation and comments to the secretary of state and the 16 director of the Arizona state library, archives and public records. 17 E. On or before September 1, 2008, the department of environmental 18 quality shall submit a report of all of the findings and recommendations made 19 pursuant to this section to the state air quality study committee established 20 by this act and shall submit copies of these reports to the secretary of 21 state and the director of the Arizona state library, archives and public 22 records. 23 Sec. 26. Delayed repeal 24 Section 24 of this act, relating to the state air quality study 25 committee, and section 25 of this act, relating to motor fuels emissions 26 studies, are repealed from and after December 31, 2009. 27 Sec. 27. Conditional enactment 28 A. Section 41-2083, Arizona Revised Statutes, as amended by Laws 2007, 29 chapter 145, section 2 and this act, is effective as prescribed in Laws 2005, 30 chapter 104, section 7, subsection A, as amended by Laws 2007, chapter 145, 31 section 4. 32 B. Section 41-2124.01, Arizona Revised Statutes, as amended by section 33 13 of this act, is not effective unless, on or before November 1, 2009, the 34 conditions specified in Laws 2005, chapter 104, section 7, subsection B, as 35 amended by Laws 2007, chapter 145, section 4, are satisfied. 36