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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, ARIZONA 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 

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1 Be it enacted by the Legislature of the State of Arizona: 

2 Section 1. Section 9-500.04, Arizona Revised Statutes, is amended to 

3 read: 

4 9-500.04. Air quality control; definitions

5 A. The governing body of a city or town in area A or AREA B as defined 

6 in section 49-541 shall: 

7 1. If the city has a population exceeding fifty thousand persons 

8 according to the 1995 special census, adjust the work hours of at least 

9 eighty-five per cent of municipal employees each year beginning October 1 and 

10 ending April 1 in order to reduce the level of carbon monoxide, OZONE AND 

11 PARTICULATE MATTER concentrations caused by vehicular travel. 

12 2. In area A, in consultation with the designated metropolitan 

13 planning organization, synchronize traffic control signals on all existing 

14 and new roadways, within and across jurisdictional boundaries, which THAT 

15 have a traffic flow AVERAGE DAILY TRIPS exceeding fifteen thousand motor 

16 vehicles per day. 

17 3. In area A, beginning on January 1, 2000 2008, develop and implement 

18 plans to stabilize targeted unpaved roads, alleys and unpaved shoulders on 

19 targeted arterials. The plans shall address the performance goals, the 

20 criteria for targeting the roads, alleys and shoulders, a schedule for 

21 implementation, funding options and reporting requirements. PRIORITY SHALL 

22 BE GIVEN TO THE FOLLOWING: 

23 (a) UNPAVED ROADS WITH MORE THAN ONE HUNDRED AVERAGE DAILY TRIPS. 

24 (b) UNPAVED SHOULDERS ON ARTERIAL ROADS AND OTHER ROAD SEGMENTS WHERE 

25 VEHICLE USE ON UNPAVED SHOULDERS IS EVIDENT OR ANTICIPATED DUE TO PROJECTED 

26 TRAFFIC VOLUME.

27 4. In area A, acquire or utilize vacuum systems or other dust removal 

28 technology to reduce the particulates attributable to conventional crack 

29 sealing operations as existing equipment is retired. 

30 5. IN AREA A, IN ORDER TO REDUCE PARTICULATE MATTER IN AMBIENT AIR: 

31 (a) BEGINNING MARCH 31, 2008, ON ANY HIGH POLLUTION ADVISORY DAY 

32 FORECAST BY THE DEPARTMENT OF ENVIRONMENTAL QUALITY PROHIBIT EMPLOYEES OR 

33 CONTRACTORS OF THAT CITY OR TOWN FROM OPERATING LEAF BLOWERS EXCEPT WHILE IN 

34 VACUUM MODE AND PROHIBIT THOSE EMPLOYEES OR CONTRACTORS FROM BLOWING 

35 LANDSCAPE DEBRIS INTO PUBLIC ROADWAYS AT ANY TIME. 

36 (b) NO LATER THAN MARCH 31, 2008, ADOPT, IMPLEMENT AND ENFORCE AN 

37 ORDINANCE THAT BANS THE BLOWING OF LANDSCAPE DEBRIS INTO PUBLIC ROADWAYS AT 

38 ANY TIME BY ANY PERSON. 

39 6. IN AREA A, NO LATER THAN MARCH 31, 2008, ADOPT OR AMEND CODES OR 

40 ORDINANCES AND, NO LATER THAN OCTOBER 1, 2008, COMMENCE ENFORCEMENT OF THOSE 

41 CODES OR ORDINANCES AS NECESSARY TO REQUIRE THAT PARKING, MANEUVERING, 

42 INGRESS AND EGRESS AREAS AT DEVELOPMENTS OTHER THAN RESIDENTIAL BUILDINGS 

43 WITH FOUR OR FEWER UNITS ARE MAINTAINED WITH ONE OR MORE OF THE FOLLOWING 

44 DUSTPROOF PAVING METHODS: 
S.B. 1552 

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1 (a) ASPHALTIC CONCRETE. 

2 (b) CEMENT CONCRETE. 

3 (c) PENETRATION TREATMENT OF BITUMINOUS MATERIAL AND SEAL COAT OF 

4 BITUMINOUS BINDER AND A MINERAL AGGREGATE. 

5 (d) A STABILIZATION METHOD APPROVED BY THE CITY OR TOWN. 

6 7. IN AREA A, NO LATER THAN MARCH 31, 2008, ADOPT OR AMEND CODES OR 

7 ORDINANCES AND, NO LATER THAN OCTOBER 1, 2009, COMMENCE ENFORCEMENT OF THOSE 

8 CODES OR ORDINANCES AS NECESSARY TO REQUIRE THAT PARKING, MANEUVERING, 

9 INGRESS AND EGRESS AREAS THAT ARE THREE THOUSAND SQUARE FEET OR MORE IN SIZE 

10 AT RESIDENTIAL BUILDINGS WITH FOUR OR FEWER UNITS ARE MAINTAINED WITH A 

11 PAVING OR STABILIZATION METHOD AUTHORIZED BY THE CITY OR TOWN BY CODE, 

12 ORDINANCE OR PERMIT. 

13 8. IN AREA A, NO LATER THAN MARCH 31, 2008, ADOPT OR AMEND CODES OR 

14 ORDINANCES AS NECESSARY TO RESTRICT VEHICLE PARKING AND USE ON UNPAVED OR 

15 UNSTABILIZED VACANT LOTS. 

16 9. IN AREA A, NO LATER THAN MARCH 31, 2008, REQUIRE THAT NEW OR 

17 RENEWED CONTRACTS FOR STREET SWEEPING ON CITY STREETS MUST BE CONDUCTED WITH 

18 STREET SWEEPERS THAT MEET THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT 

19 RULE 1186 STREET SWEEPER CERTIFICATION SPECIFICATIONS FOR PICK UP EFFICIENCY 

20 AND PM-10 EMISSIONS IN EFFECT ON JANUARY 1, 2007.

21 5. 10. In area B, synchronize traffic control signals on all roadways 

22 which THAT have a traffic flow AVERAGE DAILY TRIPS exceeding fifteen thousand 

23 motor vehicles per day. 

24 B. The governing body of a city or town in area B as defined in 

25 section 49-541 may make and enforce ordinances to reduce or encourage the 

26 reduction of the commuter use of motor vehicles by employees of the city or 

27 town and employees whose place of employment is within the city or town. 

28 C. Except as provided in subsection F of this section, the governing 

29 body of a city or town in area A as defined in section 49-541 in a county 

30 with a population of more than one million two hundred thousand persons 

31 according to the most recent United States decennial census shall develop and 

32 implement a vehicle fleet plan for the purpose of encouraging and 

33 progressively increasing the use of alternative fuels and clean burning fuels 

34 in city or town owned vehicles. The plan shall include a timetable for 

35 increasing the use of alternative fuels and clean burning fuels in fleet 

36 vehicles either through purchase or conversion. 

37 D. The timetable shall reflect the following schedule and percentage 

38 of vehicles which THAT operate on alternative fuels and clean burning fuels: 

39 1. At least eighteen per cent of the total fleet by December 31, 1995. 

40 2. At least twenty-five per cent of the total fleet by December 31, 

41 1996. 

42 3. At least fifty per cent of the total fleet by December 31, 1998. 

43 4. At least seventy-five per cent of the total fleet by December 31, 

44 2000 and each year thereafter. 
S.B. 1552 

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1 E. The requirements of subsections C and D of this section may be 

2 waived on receipt of evidence acceptable to the city or town council that the 

3 city or town is unable to acquire or be provided equipment or refueling 

4 facilities necessary to operate vehicles using alternative fuels or clean 

5 burning fuels at a projected cost that is reasonably expected to result in 

6 net costs of no greater than ten per cent more than the net costs associated 

7 with the continued use of conventional gasoline or diesel fuels measured over 

8 the expected useful life of the equipment or facilities supplied. 

9 Applications for waivers shall be filed with the department of environmental 

10 quality pursuant to section 49-412. An entity that receives a waiver 

11 pursuant to this section shall retrofit fleet heavy-duty diesel vehicles with 

12 a gross vehicle weight of eight thousand five hundred pounds or more, that 

13 were manufactured in or before model year 1993 and that are the subject of 

14 the waiver with a technology that is effective at reducing particulate MATTER 

15 emissions at least twenty-five per cent or more and that has been approved by 

16 the United States environmental protection agency pursuant to the urban bus 

17 engine retrofit/rebuild program. The entity shall comply with the 

18 implementation schedule pursuant to section 49-555. 

19 F. The plan prescribed by subsection C of this section shall include 

20 provisions for the use of alternative fuels and clean burning fuels in the 

21 bus fleet operated by that city or town or a regional public transportation 

22 authority, except that all newly purchased buses shall use alternative fuel 

23 or clean burning fuel. The bus fleet shall comply with the timetable 

24 prescribed by subsection D of this section, except that the requirements of 

25 subsections C and D of this section may be waived on receipt of certification 

26 supported by evidence acceptable to the department of environmental quality 

27 that the city or town is unable to acquire or be provided equipment or 

28 refueling facilities necessary to operate vehicles using alternative fuels or 

29 clean burning fuels at a projected cost that is reasonably expected to result 

30 in net costs of no greater than twenty per cent more than the net costs 

31 associated with the continued use of conventional gasoline or diesel fuels 

32 measured over the expected useful life of the equipment or facilities 

33 supplied. 

34 G. If the requirements of subsections C, D and F of this section are 

35 met by the use of clean burning fuel, vehicle equivalents under those 

36 requirements shall be calculated as follows: 

37 1. One vehicle equivalent for every four hundred fifty gallons of neat 

38 biodiesel or two thousand two hundred fifty gallons of a diesel fuel 

39 substitute prescribed in section 1-215, paragraph 7, subdivision (b). 

40 2. One vehicle equivalent for every five hundred thirty gallons of the 

41 fuel prescribed in section 1-215, paragraph 7, subdivision (d). 

42 H. SUBSECTION A, PARAGRAPHS 5 THROUGH 8 OF THIS SECTION DO NOT APPLY 

43 TO ANY SITE THAT HAS A PERMIT ISSUED BY A CONTROL OFFICER AS DEFINED IN 

44 SECTION 49-471 FOR THE CONTROL OF FUGITIVE DUST FROM DUST GENERATING 

45 OPERATIONS.
S.B. 1552 

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1 H. I. For the purposes of this section, "alternative fuel" and "clean 

2 burning fuel" have the same meanings prescribed in section 1-215. 

3 Sec. 2. Title 9, chapter 4, article 8, Arizona Revised Statutes, is 

4 amended by adding section 9-500.27, to read: 

5 9-500.27. Off-road vehicle ordinance; applicability; violation; 

6 classification

7 A. NO LATER THAN MARCH 31, 2008, IN AREA A, AS DEFINED IN SECTION 

8 49-541, A CITY OR TOWN SHALL ADOPT, IMPLEMENT AND ENFORCE AN ORDINANCE THAT 

9 PROHIBITS THE OPERATION OF ANY VEHICLE, INCLUDING AN OFF-HIGHWAY VEHICLE, AN 

10 ALL-TERRAIN VEHICLE OR AN OFF-ROAD RECREATIONAL MOTOR VEHICLE, ON AN UNPAVED 

11 SURFACE THAT IS NOT A PUBLIC OR PRIVATE ROAD, STREET OR LAWFUL EASEMENT AND 

12 THAT IS CLOSED BY THE LANDOWNER BY RULE OR REGULATION OF A FEDERAL AGENCY, 

13 THIS STATE, A COUNTY OR A MUNICIPALITY OR BY PROPER POSTING IF THE LAND IS 

14 PRIVATE LAND. 

15 B. THIS SECTION DOES NOT APPLY TO THE OPERATION OF VEHICLES USED IN 

16 THE NORMAL COURSE OF BUSINESS OR THE NORMAL COURSE OF GOVERNMENT OPERATIONS. 

17 C. THIS SECTION DOES NOT PROHIBIT OR PREEMPT THE ENFORCEMENT OF ANY 

18 SIMILAR ORDINANCE THAT IS ADOPTED BY A CITY OR TOWN IN AREA A, AS DEFINED IN 

19 SECTION 49-541, BEFORE MARCH 31, 2008 FOR PURPOSES OF DUST ABATEMENT. 

20 D. A PERSON WHO VIOLATES AN ORDINANCE ADOPTED PURSUANT TO SUBSECTION A 

21 OF THIS SECTION IS GUILTY OF A CLASS 3 MISDEMEANOR. 

22 E. IN ADDITION TO OR IN LIEU OF A FINE PURSUANT TO THIS SECTION, A 

23 JUDGE MAY ORDER THE PERSON TO PERFORM AT LEAST EIGHT BUT NOT MORE THAN 

24 TWENTY-FOUR HOURS OF COMMUNITY RESTITUTION OR TO COMPLETE AN APPROVED SAFETY 

25 COURSE RELATED TO THE OFF-HIGHWAY OPERATION OF MOTOR VEHICLES, OR BOTH.

26 Sec. 3. Section 11-871, Arizona Revised Statutes, is amended to read: 

27 11-871. Emissions control; no burn; exemptions; penalty

28 A. A county that contains any part of area A, as defined in section 

29 49-541, shall, by September 1, 1999, develop, implement and enforce in area 

30 A, as defined in section 49-541, an ordinance relating to residential wood 

31 burning restrictions, including a no burn restriction when monitoring or 

32 forecasting indicates BY THE DEPARTMENT OF ENVIRONMENTAL QUALITY PREDICTS the 

33 carbon monoxide standard is likely to be exceeded. 

34 B. ON OR BEFORE OCTOBER 31, 2007, A COUNTY THAT CONTAINS ANY PART OF 

35 AREA A, AS DEFINED IN SECTION 49-541, SHALL AMEND THE ORDINANCE PRESCRIBED BY 

36 SUBSECTION A OF THIS SECTION TO INCLUDE A NO BURN RESTRICTION FOR ANY HIGH 

37 POLLUTION ADVISORY DAY FORECAST BY THE DEPARTMENT OF ENVIRONMENTAL QUALITY 

38 FOR PARTICULATE MATTER. 

39 B. C. The ordinance shall provide an exemption for the use of 

40 residential wood stoves, wood fireplaces or gas fired fireplaces that comply 

41 with any of the following: 

42 1. Provides the sole or primary source of heat or fuel for cooking for 

43 a residence. 
S.B. 1552 

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1 2. Meets performance standards for new residential wood heaters 

2 manufactured on or after July 1, 1990 or sold at retail on or after July 1, 

3 1992 as prescribed by 40 Code of Federal Regulations part 60, subpart AAA. 

4 3. Burns gaseous fuels, including gas logs. 

5 4. Meets rules adopted by the board of supervisors as prescribed in 

6 section 49-479 for burning wood in approved appliances. 

7 C. D. The ordinance shall provide that a person who violates an 

8 ordinance adopted pursuant to this section is subject to: 

9 1. A warning for the first violation. 

10 2. The imposition of a civil penalty of fifty dollars for the second 

11 violation. 

12 3. The imposition of a civil penalty of one hundred dollars for a THE 

13 third or any subsequent violation. 

14 4. THE IMPOSITION OF A CIVIL PENALTY OF TWO HUNDRED FIFTY DOLLARS FOR 

15 THE FOURTH OR ANY SUBSEQUENT VIOLATION. 

16 D. E. For violations of ordinances adopted pursuant to this section, 

17 the control officer shall use a uniform civil ticket and complaint 

18 substantially similar to a uniform traffic ticket and complaint prescribed by 

19 the rules of procedure in civil traffic cases adopted by the supreme court. 

20 The control officer may issue citations to persons in violation of ordinances 

21 adopted pursuant to this section. 

22 Sec. 4. Section 11-872, Arizona Revised Statutes, is amended to read: 

23 11-872. Control techniques; rules; schedule for adoption

24 A. If the administrator of the United States environmental protection 

25 agency makes a finding relating to area A, as defined in section 49-541, 

26 pursuant to the clean air act amendments of 1990 (P.L. 101-549), section 172, 

27 the county shall adopt by rule the necessary emission limitations or other 

28 standards reflecting control techniques guidelines issued by the United 

29 States environmental protection agency pursuant to the clean air act 

30 amendments of 1990, section 183 in order to achieve emissions reductions 

31 sufficient to respond to the finding. 

32 B. The county shall begin to develop rules which THAT incorporate the 

33 provisions of the control techniques guidelines being developed by the United 

34 States environmental protection agency. The rule making process shall 

35 parallel as closely as possible the United States environmental protection 

36 agency process and incorporate adequate public notice and comment. The 

37 county shall make every practical effort to assure the rules are consistent 

38 with the concepts and provisions embodied in the United States environmental 

39 protection agency process. Within sixty days of AFTER the formal adoption of 

40 the United States environmental protection agency control techniques 

41 guidelines for an industry sector, the county shall adopt rules, emission 

42 limitations or other standards reflecting such guidelines. If the guidelines 

43 are required pursuant to subsection A of this section prior to formal 

44 adoption by the administrator of the guidelines, the county rules shall 

45 become effective within sixty days of AFTER the United States environmental 
S.B. 1552 

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1 protection agency finding. The county shall determine which industry sector 

2 shall be subject to the requirements of this section. 

3 C. If the director of the department of environmental quality 

4 determines that emissions inventory data, monitoring information and modeling 

5 or projections indicate it is likely that reasonable further progress or 

6 attainment will not be achieved in order to comply with the clean air act 

7 amendments of 1990 OR ACHIEVE OR MAINTAIN NATIONAL AMBIENT AIR QUALITY 

8 STANDARDS OR OTHER AIR QUALITY STANDARDS APPLICABLE TO OZONE PRECURSORS, the 

9 county shall adopt rules necessary to achieve emissions reductions to achieve 

10 reasonable further progress or attainment. The rules shall be based on 

11 technically feasible controls to reduce the emissions of volatile organic 

12 compounds from industry sectors that the United States environmental 

13 protection agency is considering for control technique guidelines. 

14 D. All emissions reductions required pursuant to this section shall be 

15 achieved FOR PURPOSES OF THE ONE-HOUR OZONE STANDARD no later than June 1, 

16 1996 AND FOR PURPOSES OF THE EIGHT-HOUR AVERAGED OZONE STANDARD NO LATER THAN 

17 DECEMBER 31, 2008. 

18 Sec. 5. Title 11, chapter 6, article 4, Arizona Revised Statutes, is 

19 amended by adding section 11-877, to read: 

20 11-877. Air quality control measures

21 A. IN ORDER TO REDUCE PARTICULATE MATTER IN AMBIENT AIR, THE BOARD OF 

22 SUPERVISORS OF ANY COUNTY THAT CONTAINS ANY PORTION OF AREA A, AS DEFINED IN 

23 SECTION 49-541, SHALL DEVELOP, IMPLEMENT AND ENFORCE IN AREA A THE FOLLOWING 

24 AIR QUALITY CONTROL MEASURES: 

25 1. BEGINNING ON THE EFFECTIVE DATE OF THIS SECTION, PROHIBIT EMPLOYEES 

26 OR CONTRACTORS OF THAT COUNTY FROM OPERATING LEAF BLOWERS ON ANY HIGH 

27 POLLUTION ADVISORY DAY FORECAST BY THE DEPARTMENT OF ENVIRONMENTAL QUALITY 

28 EXCEPT WHILE IN VACUUM MODE AND PROHIBIT THOSE EMPLOYEES OR CONTRACTORS FROM 

29 BLOWING LANDSCAPE DEBRIS INTO PUBLIC ROADWAYS AT ANY TIME. 

30 2. NO LATER THAN MARCH 31, 2008, ADOPT, IMPLEMENT AND ENFORCE AN 

31 ORDINANCE THAT BANS THE BLOWING OF LANDSCAPE DEBRIS INTO PUBLIC ROADWAYS AT 

32 ANY TIME BY ANY PERSON. 

33 3. NO LATER THAN MARCH 31, 2008, ADOPT, IMPLEMENT AND ENFORCE AN 

34 ORDINANCE THAT PROHIBITS THE OPERATION OF LEAF BLOWERS EXCEPT ON SURFACES 

35 THAT HAVE BEEN STABILIZED WITH ASPHALTIC CONCRETE, CEMENT CONCRETE, 

36 HARDSCAPE, PENETRATION TREATMENT OF BITUMINOUS MATERIAL AND SEAL COAT OF 

37 BITUMINOUS BINDER AND A MINERAL AGGREGATE, DECOMPOSED GRANITE COVER, CRUSHED 

38 GRANITE COVER, AGGREGATE COVER, GRAVEL COVER, OR GRASS OR OTHER CONTINUOUS 

39 VEGETATIVE COVER, OR ANY COMBINATION OF THOSE STABILIZERS. 

40 B. THIS SECTION DOES NOT APPLY TO ANY SITE THAT HAS A PERMIT ISSUED BY 

41 A CONTROL OFFICER AS DEFINED IN SECTION 49-471 FOR THE CONTROL OF FUGITIVE 

42 DUST FROM DUST GENERATING OPERATIONS.
S.B. 1552 

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

2 28-1098. Vehicle loads; restrictions; civil penalties

3 A. FOR THE PURPOSE OF HIGHWAY SAFETY OR AIR POLLUTION PREVENTION, a 

4 person shall not drive or move a vehicle on a highway unless the vehicle is 

5 constructed or loaded in a manner to prevent any of its load from dropping, 

6 sifting, leaking or otherwise escaping from the vehicle, except that either

7 THE FOLLOWING ARE PERMITTED: 

8 1. SUFFICIENT sand may be dropped for the purpose of securing 

9 traction. 

10 2. Water or another substance may be sprinkled on a roadway in 

11 cleaning or maintaining the roadway. 

12 3. MINOR PIECES OF AGRICULTURAL MATERIALS SUCH AS LEAVES AND STEMS 

13 FROM AGRICULTURAL LOADS. 

14 B. A person shall not operate a vehicle on a highway with a load 

15 unless the load and any covering on the load are securely fastened in a 

16 manner to prevent the covering or load from becoming loose, detached or in 

17 any manner a hazard to other users of the highway. 

18 C. If a person is found in violation of this section and the 

19 violation: 

20 1. Does not cause any damage or injury and is the person's: 

21 (a) First violation in a sixty month period, the person is subject to a 

22 civil penalty of up to NOT MORE THAN two hundred fifty dollars. 

23 (b) Second or subsequent violation in a sixty month period, the person 

24 is subject to a civil penalty of up to NOT MORE THAN three hundred fifty 

25 dollars. 

26 2. Results in an accident causing serious physical injury as defined 

27 in section 13-105 to another person, the person is subject to a civil penalty 

28 of up to NOT MORE THAN five hundred dollars. 

29 3. Results in an accident causing the death of another person, the 

30 person is subject to a civil penalty of up to NOT MORE THAN one thousand 

31 dollars. 

32 Sec. 7. Section 28-6705, Arizona Revised Statutes, is amended to read: 

33 28-6705. Public road and street maintenance

34 A. The board of supervisors may spend public monies for maintenance of 

35 public roads and streets other than legally designated state and county 

36 highways located without the limits of an incorporated city or town. Before 

37 spending public monies under this section, the roads or streets shall be 

38 both: 

39 1. Laid out, opened and constructed without cost to the county. 

40 2. Completed pursuant to a plat approved pursuant to sections 11-802 

41 and 11-806.01 and in accordance with standard engineering road specifications 

42 adopted by the board of supervisors to ensure uniform compliance. 

43 B. The board of supervisors may spend public monies for maintenance of 

44 public roads and streets laid out, constructed and opened before June 13, 
S.B. 1552 

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1 1975 even if the roads and streets were not constructed in accordance with 

2 subsection A of this section. 

3 C. Maintenance of a public road or street does not include purchasing 

4 or laying cement. To reduce long-term maintenance costs for maintenance 

5 authorized by this section, the board of supervisors may spend monies to add 

6 rock products, gravel and processed materials to the base of the roads and 

7 streets. Petroleum based or nonpetroleum based products may be used in the 

8 maintenance and repair of unpaved roads, alleys and shoulders identified 

9 pursuant to section 9-500.04 or section 49-474.01 OR UNPAVED ROADS, ALLEYS 

10 AND SHOULDERS IN ANY COUNTY WHERE THE CONTROL OFFICER AS DEFINED IN SECTION 

11 49-471 CERTIFIES TO THE BOARD OF SUPERVISORS THAT EMISSIONS FROM SUCH ROADS, 

12 ALLEYS OR SHOULDERS MAY ENDANGER COMPLIANCE WITH THE NATIONAL AMBIENT AIR 

13 QUALITY STANDARD AS DEFINED IN SECTION 49-401.01. 

14 Sec. 8. Section 41-2083, Arizona Revised Statutes, as amended by Laws 

15 2007, chapter 145, section 1, is amended to read: 

16 41-2083. Standards for motor fuel; exceptions

17 A. Except as provided in SECTION 41-2083.01 AND subsections C, D, E, 

18 F, G, K, L, M and N of this section, a retail seller or fleet owner shall not 

19 store, sell or expose or offer for sale any motor fuel, kerosene, oil or 

20 other liquid or gaseous fuel or lubricating oil, lubricant, mixtures of 

21 lubricants or other similar products if the product fails to meet the 

22 standards specified in this section and in the rules adopted by the director. 

23 B. A person shall not misrepresent the nature, origination, quality, 

24 grade or identity of any product specified in subsection A of this section or 

25 represent the nature, origination, quality, grade or identity of such product 

26 in any manner calculated or tending to mislead or in any way deceive. 

27 C. After consultation with the director of the department of 

28 environmental quality, the standards and test methods for motor fuels shall 

29 be established by the director of the department of weights and measures by 

30 rule. 

31 D. Maximum vapor pressure for gasoline that is supplied or sold by any 

32 person and that is intended as a final product for the fueling of motor 

33 vehicles in a county with a population of one million two hundred thousand or 

34 more persons and any portion of a county contained in area A as defined in 

35 section 49-541 shall be 9.0 pounds per square inch from and after September 

36 30 through March 31 of each year. Fuel used in motor vehicles at a 

37 manufacturer's proving ground or a motor vehicle racing event as defined by 

38 section 41-2121 is exempt from this subsection. 

39 E. From and after September 30 through March 31 of each year a person 

40 shall not supply or sell gasoline that exceeds the ASTM D4814 class A vapor 

41 pressure/distillation class ten volume per cent evaporated distillation 

42 temperature. 

43 F. Maximum vapor pressure for gasoline that is supplied or sold by any 

44 person and that is intended as a final product for the fueling of motor 

45 vehicles in a county with a population of one million two hundred thousand 
S.B. 1552 

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1 persons or more and any portion of a county contained in area A as defined in 

2 section 49-541 shall be 7.0 pounds per square inch from and after May 31 

3 through September 30 of each year. Fuel used in motor vehicles at a 

4 manufacturer's proving ground or a motor vehicle racing event as defined by 

5 section 41-2121 is exempt from this subsection. 

6 G. Exclusively for the purposes of transportation conformity and only 

7 if the administrator of the United States environmental protection agency 

8 fails to approve the applicable plan required pursuant to section 49-406, 

9 maximum vapor pressure for gasoline that is supplied or sold by any person 

10 and that is intended as a final product for the fueling of motor vehicles in 

11 area B as defined in section 49-541 shall be ten pounds per square inch from 

12 and after September 30 through March 31 of each year. Fuel used in motor 

13 vehicles at a manufacturer's proving ground or a motor vehicle racing event 

14 as defined by section 41-2121 is exempt from this subsection. 

15 H. Notwithstanding subsections D, F and G of this section, the 

16 director of the department of weights and measures in consultation with the 

17 director of the department of environmental quality shall approve alternate 

18 fuel control measures that are submitted by manufacturers or suppliers of 

19 gasoline and that the directors determine will result in either of the 

20 following: 

21 1. Motor vehicle carbon monoxide emissions that are equal to or less 

22 than emissions that result under compliance with subsection D of this section 

23 and section 41-2123. In making this determination, the director of the 

24 department of weights and measures and the director of the department of 

25 environmental quality shall compare the emissions of the alternate fuel 

26 control measure with the emissions of a fuel with a maximum vapor pressure 

27 standard as prescribed by this section and with the minimum oxygen content or 

28 percentage by volume of ethanol as prescribed by section 41-2123. 

29 2. Motor vehicle non-methane hydrocarbon emissions that are equal to 

30 or less than the emissions that result under compliance with subsection F of 

31 this section. In making this determination, the director of the department 

32 of weights and measures and the director of the department of environmental 

33 quality shall compare the motor vehicle non-methane hydrocarbon emissions of 

34 the alternate fuel control measure with the motor vehicle non-methane 

35 hydrocarbon emissions of a fuel that complies with the maximum vapor pressure 

36 standard as prescribed by subsection F of this section. 

37 I. Any alternate fuel control measures that are approved shall not 

38 increase emissions of non-methane hydrocarbons, particulates, carbon monoxide 

39 or oxides of nitrogen. Alternate fuel control measures approved pursuant to 

40 subsection H of this section and this subsection may be used by any 

41 manufacturer or supplier of gasoline unless the approval is rescinded more 

42 than one hundred eighty days before the first day of a gasoline control 

43 period. Manufacturers and suppliers who use an approved alternate fuel 

44 control measure shall annually submit a compliance plan to the director of 
S.B. 1552 

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1 the department of weights and measures no later than sixty days before the 

2 first day of a gasoline control period. 

3 J. A person shall not sell or offer or expose for sale diesel fuel 

4 grade 1, 2 or 4 as defined in ASTM D975 that contains sulfur in excess of: 

5 1. For low sulfur diesel fuel, five hundred parts per million by 

6 weight for use in area A as defined in section 49-541. 

7 2. For ultra low sulfur diesel fuel, the amount that conforms with 40 

8 Code of Federal Regulations section 80.520(a)(1). 

9 K. A person shall not sell or offer or expose for sale biodiesel that 

10 is not tested or does not meet the specifications established by ASTM D6751 

11 or any blend of biodiesel and diesel fuel that is not tested or does not meet 

12 the specifications established by ASTM D975 and that contains sulfur in 

13 excess of five hundred parts per million for use in area A as defined in 

14 section 49-541. 

15 L. A person that blends biodiesel that is intended as a final product 

16 for the fueling of motor vehicles shall report to the director by the 

17 fifteenth day of each month the quantity and quality of biodiesel shipped to 

18 or produced in this state during the preceding month. A person who supplies 

19 biodiesel subject to this subsection shall report the following by batch: 

20 1. The percentage of biodiesel in a final blend. 

21 2. The volume of the finished product. 

22 3. For neat biodiesel, the results of analysis for those parameters 

23 established by ASTM D6751. 

24 4. For biodiesel blended with any diesel fuel, the results of the 

25 analysis of the following motor fuel parameters as established by ASTM D975: 

26 (a) Sulfur content. 

27 (b) Aromatic hydrocarbon content. 

28 (c) Cetane number. 

29 (d) Specific gravity. 

30 (e) American petroleum institute gravity. 

31 (f) The temperatures at which ten per cent, fifty per cent and ninety 

32 per cent of the diesel fuel boiled off during distillation. 

33 M. The report required by subsection L of this section shall be on a 

34 form prescribed by the director and shall contain a certification of 

35 truthfulness and accuracy of the data submitted and a statement of the 

36 supplier's consent permitting the department or its authorized agent to 

37 collect samples and access records as provided in rules adopted by the 

38 department. A corporate officer who is responsible for operations at the 

39 facility that produces or ships the final product shall sign the report. 

40 N. A person shall label dispensers at which biodiesel is dispensed in 

41 such a manner as to notify other persons of the volume percentage of 

42 biodiesel in the finished product and that conforms with 40 Code of Federal 

43 Regulations sections 80.570, 80.571, 80.572, 80.573 and 80.574 to inform the 

44 customer of the sulfur content of the diesel fuel being dispensed. 
S.B. 1552 

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1 O. A person shall label each dispenser at which ultra low sulfur 

2 diesel fuel is dispensed in a manner that conforms with 40 Code of Federal 

3 Regulations sections 80.570, 80.571, 80.572, 80.573 and 80.574 to inform the 

4 customer of the sulfur content of the diesel fuel being dispensed. 

5 P. A person shall label each dispenser at which low sulfur diesel fuel 

6 is dispensed in a manner that conforms with 40 Code of Federal Regulations 

7 sections 80.570, 80.571, 80.572, 80.573 and 80.574 to inform the customer of 

8 the sulfur content of the diesel fuel being dispensed. 

9 Q. If any person transfers custody or title of a diesel fuel or 

10 distillate, except if the diesel fuel is dispensed into a motor vehicle or 

11 nonroad, locomotive or marine equipment, the transferor shall provide to the 

12 transferee product transfer documents that conform with 40 Code of Federal 

13 Regulations section 80.590. 

14 R. If the transfer of a motor fuel is from a terminal, storage 

15 facility, or transmix facility, the product transfer documents shall contain 

16 the information prescribed in subsection Q of this section as well as the 

17 name and address of the final destination for the shipment, as prescribed by 

18 department rule, and must accompany the shipment to its final destination.

19 Sec. 9. Section 41-2083, Arizona Revised Statutes, as amended by Laws 

20 2007, chapter 145, section 2, is amended to read: 

21 41-2083. Standards for motor fuel; exceptions

22 A. Except as provided in SECTION 41-2083.01 AND subsections C, D, E, 

23 F, G, K, L, M and N of this section, a retail seller or fleet owner shall not 

24 store, sell or expose or offer for sale any motor fuel, kerosene, oil or 

25 other liquid or gaseous fuel or lubricating oil, lubricant, mixtures of 

26 lubricants or other similar products if the product fails to meet the 

27 standards specified in this section and in the rules adopted by the director. 

28 B. A person shall not misrepresent the nature, origination, quality, 

29 grade or identity of any product specified in subsection A of this section or 

30 represent the nature, origination, quality, grade or identity of such product 

31 in any manner calculated or tending to mislead or in any way deceive. 

32 C. After consultation with the director of the department of 

33 environmental quality, the standards and test methods for motor fuels shall 

34 be established by the director of the department of weights and measures by 

35 rule. 

36 D. Maximum vapor pressure for gasoline that is supplied or sold by any 

37 person and that is intended as a final product for the fueling of motor 

38 vehicles in a county with a population of one million two hundred thousand or 

39 more persons and any portion of a county contained in area A as defined in 

40 section 49-541 shall be 9.0 pounds per square inch from and after September 

41 30 through January 31 of each year. Fuel used in motor vehicles at a 

42 manufacturer's proving ground or a motor vehicle racing event as defined by 

43 section 41-2121 is exempt from this subsection. 

44 E. From and after September 30 through March 31 of each year a person 

45 shall not supply or sell gasoline that exceeds the ASTM D4814 class A vapor 
S.B. 1552 

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1 pressure/distillation class ten volume per cent evaporated distillation 

2 temperature. 

3 F. Maximum vapor pressure for gasoline that is supplied or sold by any 

4 person and that is intended as a final product for the fueling of motor 

5 vehicles in a county with a population of one million two hundred thousand 

6 persons or more and any portion of a county contained in area A as defined in 

7 section 49-541 shall be 7.0 pounds per square inch from and after May 31 

8 through September 30 of each year. Fuel used in motor vehicles at a 

9 manufacturer's proving ground or a motor vehicle racing event as defined by 

10 section 41-2121 is exempt from this subsection. 

11 G. Exclusively for the purposes of transportation conformity and only 

12 if the administrator of the United States environmental protection agency 

13 fails to approve the applicable plan required pursuant to section 49-406, 

14 maximum vapor pressure for gasoline that is supplied or sold by any person 

15 and that is intended as a final product for the fueling of motor vehicles in 

16 area B as defined in section 49-541 shall be ten pounds per square inch from 

17 and after September 30 through March 31 of each year. Fuel used in motor 

18 vehicles at a manufacturer's proving ground or a motor vehicle racing event 

19 as defined by section 41-2121 is exempt from this subsection. 

20 H. Notwithstanding subsections D, F and G of this section, the 

21 director of the department of weights and measures in consultation with the 

22 director of the department of environmental quality shall approve alternate 

23 fuel control measures that are submitted by manufacturers or suppliers of 

24 gasoline and that the directors determine will result in either of the 

25 following: 

26 1. Motor vehicle carbon monoxide emissions that are equal to or less 

27 than emissions that result under compliance with subsection D of this section 

28 and section 41-2123. In making this determination, the director of the 

29 department of weights and measures and the director of the department of 

30 environmental quality shall compare the emissions of the alternate fuel 

31 control measure with the emissions of a fuel with a maximum vapor pressure 

32 standard as prescribed by this section and with the minimum oxygen content or 

33 percentage by volume of ethanol as prescribed by section 41-2123. 

34 2. Motor vehicle non-methane hydrocarbon emissions that are equal to 

35 or less than the emissions that result under compliance with subsection F of 

36 this section. In making this determination, the director of the department 

37 of weights and measures and the director of the department of environmental 

38 quality shall compare the motor vehicle non-methane hydrocarbon emissions of 

39 the alternate fuel control measure with the motor vehicle non-methane 

40 hydrocarbon emissions of a fuel that complies with the maximum vapor pressure 

41 standard as prescribed by subsection F of this section. 

42 I. Any alternate fuel control measures that are approved shall not 

43 increase emissions of non-methane hydrocarbons, particulates, carbon monoxide 

44 or oxides of nitrogen. Alternate fuel control measures approved pursuant to 

45 subsection H of this section and this subsection may be used by any 
S.B. 1552 

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1 manufacturer or supplier of gasoline unless the approval is rescinded more 

2 than one hundred eighty days before the first day of a gasoline control 

3 period. Manufacturers and suppliers who use an approved alternate fuel 

4 control measure shall annually submit a compliance plan to the director of 

5 the department of weights and measures no later than sixty days before the 

6 first day of a gasoline control period. 

7 J. A person shall not sell or offer or expose for sale diesel fuel 

8 grade 1, 2 or 4 as defined in ASTM D975 that contains sulfur in excess of: 

9 1. For low sulfur diesel fuel, five hundred parts per million by 

10 weight for use in area A as defined in section 49-541. 

11 2. For ultra low sulfur diesel fuel, the amount that conforms with 40 

12 Code of Federal Regulations section 80.520(a)(1). 

13 K. A person shall not sell or offer or expose for sale biodiesel that 

14 is not tested or does not meet the specifications established by ASTM D6751 

15 or any blend of biodiesel and diesel fuel that is not tested or does not meet 

16 the specifications established by ASTM D975 and that contains sulfur in 

17 excess of five hundred parts per million for use in area A as defined in 

18 section 49-541. 

19 L. A person who blends biodiesel that is intended as a final product 

20 for the fueling of motor vehicles shall report to the director by the 

21 fifteenth day of each month the quantity and quality of biodiesel shipped to 

22 or produced in this state during the preceding month. A person who supplies 

23 biodiesel subject to this subsection shall report the following by batch: 

24 1. The percentage of biodiesel in a final blend. 

25 2. The volume of the finished product. 

26 3. For neat biodiesel, the results of analysis for those parameters 

27 established by ASTM D6751. 

28 4. For biodiesel blended with any diesel fuel, the results of the 

29 analysis of the following motor fuel parameters as established by ASTM D975: 

30 (a) Sulfur content. 

31 (b) Aromatic hydrocarbon content. 

32 (c) Cetane number. 

33 (d) Specific gravity. 

34 (e) American petroleum institute gravity. 

35 (f) The temperatures at which ten per cent, fifty per cent and ninety 

36 per cent of the diesel fuel boiled off during distillation. 

37 M. The report required by subsection L of this section shall be on a 

38 form prescribed by the director and shall contain a certification of 

39 truthfulness and accuracy of the data submitted and a statement of the 

40 supplier's consent permitting the department or its authorized agent to 

41 collect samples and access records as provided in rules adopted by the 

42 department. A corporate officer who is responsible for operations at the 

43 facility that produces or ships the final product shall sign the report. 

44 N. A person shall label dispensers at which biodiesel is dispensed in 

45 such a manner as to notify other persons of the volume percentage of 
S.B. 1552 

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1 biodiesel in the finished product and 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 O. A person shall label each dispenser at which ultra low sulfur 

5 diesel fuel is dispensed in a manner that conforms with 40 Code of Federal

6 Regulations sections 80.570, 80.571, 80.572, 80.573 and 80.574 to inform the 

7 customer of the sulfur content of the diesel fuel being dispensed. 

8 P. A person shall label each dispenser at which low sulfur diesel fuel 

9 is dispensed in a manner that conforms with 40 Code of Federal Regulations 

10 sections 80.570, 80.571, 80.572, 80.573 and 80.574 to inform the customer of 

11 the sulfur content of the diesel fuel being dispensed. 

12 Q. If any person transfers custody or title of a diesel fuel or 

13 distillate, except if the diesel fuel is dispensed into a motor vehicle or 

14 nonroad, locomotive or marine equipment, the transferor shall provide to the 

15 transferee product transfer documents that conform with 40 Code of Federal 

16 Regulations section 80.590. 

17 R. If the transfer of a motor fuel is from a terminal, storage 

18 facility, or transmix facility, the product transfer documents shall contain 

19 the information prescribed in subsection Q of this section as well as the 

20 name and address of the final destination for the shipment, as prescribed by 

21 department rule, and must accompany the shipment to its final destination.

22 Sec. 10. Title 41, chapter 15, article 3, Arizona Revised Statutes, is 

23 amended by adding section 41-2083.01, to read: 

24 41-2083.01. Area C; standards for motor fuel; exceptions

25 A. EXCEPT AS PROVIDED IN SUBSECTIONS C AND D OF THIS SECTION, AFTER 

26 MAY 31, 2008, A RETAIL SELLER OR FLEET OWNER SHALL NOT STORE, SELL OR EXPOSE 

27 OR OFFER FOR SALE IN AREA C AS DEFINED IN SECTION 41-2121 ANY MOTOR FUEL, 

28 KEROSENE, OIL OR OTHER LIQUID OR GASEOUS FUEL OR LUBRICATING OIL, LUBRICANT, 

29 MIXTURES OF LUBRICANTS OR OTHER SIMILAR PRODUCTS IF THE PRODUCT FAILS TO MEET 

30 THE STANDARDS SPECIFIED IN THIS SECTION AND IN THE RULES ADOPTED BY THE 

31 DIRECTOR. 

32 B. A PERSON SHALL NOT MISREPRESENT THE NATURE, ORIGINATION, QUALITY, 

33 GRADE OR IDENTITY OF ANY PRODUCT SPECIFIED IN SUBSECTION A OF THIS SECTION OR 

34 REPRESENT THE NATURE, ORIGINATION, QUALITY, GRADE OR IDENTITY OF SUCH PRODUCT 

35 IN ANY MANNER CALCULATED OR TENDING TO MISLEAD OR IN ANY WAY DECEIVE. 

36 C. AFTER CONSULTATION WITH THE DIRECTOR OF THE DEPARTMENT OF 

37 ENVIRONMENTAL QUALITY, THE STANDARDS AND TEST METHODS FOR MOTOR FUELS SHALL 

38 BE ESTABLISHED BY THE DIRECTOR OF THE DEPARTMENT OF WEIGHTS AND MEASURES BY 

39 RULE. 

40 D. MAXIMUM VAPOR PRESSURE FOR GASOLINE THAT IS SUPPLIED OR SOLD BY ANY 

41 PERSON AND THAT IS INTENDED AS A FINAL PRODUCT FOR THE FUELING OF MOTOR 

42 VEHICLES IN AREA C AS DEFINED IN SECTION 41-2121 SHALL BE 7.0 POUNDS PER 

43 SQUARE INCH FROM AND AFTER MAY 31 THROUGH SEPTEMBER 30 OF EACH YEAR. FUEL 

44 USED IN MOTOR VEHICLES AT A MANUFACTURER'S PROVING GROUND OR A MOTOR VEHICLE 

45 RACING EVENT AS DEFINED BY SECTION 41-2121 IS EXEMPT FROM THIS SUBSECTION. 
S.B. 1552 

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1 E. THE DIRECTOR OF THE DEPARTMENT OF WEIGHTS AND MEASURES IN 

2 CONSULTATION WITH THE DIRECTOR OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY 

3 SHALL APPROVE ALTERNATE FUEL CONTROL MEASURES THAT ARE SUBMITTED BY 

4 MANUFACTURERS OR SUPPLIERS OF GASOLINE AND THAT THE DIRECTORS DETERMINE WILL 

5 RESULT IN MOTOR VEHICLE NON-METHANE HYDROCARBON EMISSIONS THAT ARE EQUAL TO 

6 OR LESS THAN THE EMISSIONS THAT RESULT UNDER COMPLIANCE WITH SUBSECTION D OF 

7 THIS SECTION. IN MAKING THIS DETERMINATION, THE DIRECTOR OF THE DEPARTMENT 

8 OF WEIGHTS AND MEASURES AND THE DIRECTOR OF THE DEPARTMENT OF ENVIRONMENTAL 

9 QUALITY SHALL COMPARE THE MOTOR VEHICLE NON-METHANE HYDROCARBON EMISSIONS OF 

10 THE ALTERNATE FUEL CONTROL MEASURE WITH THE MOTOR VEHICLE NON-METHANE 

11 HYDROCARBON EMISSIONS OF A FUEL THAT COMPLIES WITH THE MAXIMUM VAPOR PRESSURE 

12 STANDARD AS PRESCRIBED BY SUBSECTION D OF THIS SECTION. 

13 F. ANY ALTERNATE FUEL CONTROL MEASURES THAT ARE APPROVED SHALL NOT 

14 INCREASE EMISSIONS OF NON-METHANE HYDROCARBONS, PARTICULATES, CARBON MONOXIDE 

15 OR OXIDES OF NITROGEN. ALTERNATE FUEL CONTROL MEASURES APPROVED PURSUANT TO 

16 SUBSECTION E OF THIS SECTION AND THIS SUBSECTION MAY BE USED BY ANY 

17 MANUFACTURER OR SUPPLIER OF GASOLINE UNLESS THE APPROVAL IS RESCINDED MORE 

18 THAN ONE HUNDRED EIGHTY DAYS BEFORE THE FIRST DAY OF A GASOLINE CONTROL 

19 PERIOD. MANUFACTURERS AND SUPPLIERS WHO USE AN APPROVED ALTERNATE FUEL 

20 CONTROL MEASURE SHALL ANNUALLY SUBMIT A COMPLIANCE PLAN TO THE DIRECTOR OF 

21 THE DEPARTMENT OF WEIGHTS AND MEASURES NO LATER THAN SIXTY DAYS BEFORE THE 

22 FIRST DAY OF A GASOLINE CONTROL PERIOD.

23 Sec. 11. Section 41-2121, Arizona Revised Statutes, is amended to 

24 read: 

25 41-2121. Definitions

26 In this article, unless the context otherwise requires: 

27 1. "Area A" has the same meaning prescribed in section 49-541. 

28 2. "Area B" has the same meaning prescribed in section 49-541. 

29 3. "AREA C" MEANS THAT PORTION OF PINAL COUNTY LYING WEST OF RANGE 11 

30 EAST, EXCLUDING THAT PORTION OF THE COUNTY LYING WITHIN AREA A AS DEFINED IN 

31 SECTION 49-541 AND THAT PORTION OF THE COUNTY WITHIN THE JURISDICTION OF ANY 

32 INDIAN TRIBE, BAND, GROUP OR COMMUNITY THAT IS RECOGNIZED BY THE UNITED 

33 STATES SECRETARY OF THE INTERIOR AND THAT EXERCISES GOVERNMENTAL AUTHORITY 

34 WITHIN THE LIMITS OF ANY INDIAN RESERVATION UNDER THE JURISDICTION OF THE 

35 UNITED STATES GOVERNMENT, NOTWITHSTANDING THE ISSUANCE OF ANY PATENT AND 

36 INCLUDING RIGHTS-OF-WAY RUNNING THROUGH THE RESERVATION. 

37 3. 4. "Fleet owner" means a registered owner or lessee of at least 

38 twenty-five vehicles. 

39 4. 5. "Gasoline" means a volatile, highly flammable liquid mixture of 

40 hydrocarbons that does not contain more than five one-hundredths grams of 

41 lead for each United States gallon, that is produced, refined, manufactured, 

42 blended, distilled or compounded from petroleum, natural gas, oil, shale oils 

43 or coal and other flammable liquids free from undissolved water, sediment or 

44 suspended matter, with or without additives, and that is commonly used as a 
S.B. 1552 

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1 fuel for spark ignition internal combustion engines. Gasoline does not 

2 include diesel fuel or the ethanol blend E85 as defined in ASTM D5798-99. 

3 5. 6. "Manufacturer's proving ground" means a facility whose sole 

4 purpose is to develop complete advanced vehicles for an automotive 

5 manufacturer. 

6 6. 7. "Motor vehicle racing event" means a race that uses unlicensed 

7 vehicles that are designed and manufactured specifically for racing purposes 

8 and that is conducted on a public or private racecourse for the entertainment 

9 of the general public. A motor vehicle racing event includes practice, 

10 qualifying and demonstration laps conducted as part of the activities related 

11 to a motor vehicle race. 

12 7. 8. "Oxygenate" means any oxygen-containing ashless, organic 

13 compound, including aliphatic alcohols and aliphatic ethers, that may be used 

14 as a fuel or as a gasoline blending component and that is approved as a 

15 blending agent under the provisions of a waiver issued by the United States 

16 environmental protection agency pursuant to 42 United States Code section 

17 7545(f). 

18 8. 9. "Oxygenated fuel" means an unleaded motor fuel blend that 

19 consists primarily of gasoline and at least one and one-half per cent by 

20 weight of one or more oxygenates and that has been blended consistent with 

21 the provisions of a waiver issued by the United States environmental 

22 protection agency pursuant to 42 United States Code section 7545(f). 

23 9. 10. "Product transfer document" means any bill of lading, loading 

24 ticket, manifest, delivery receipt, invoice or other documentation used on 

25 any occasion when a person transfers custody or title of motor fuel other 

26 than when motor fuel is sold or dispensed at a service station or fleet 

27 vehicle fueling facility. 

28 10. 11. "Supplier" means any person who imports gasoline into a 

29 vehicle emissions control area by means of a pipeline or in truckload 

30 quantities for the person's own use within the vehicle emissions control area 

31 or any person who sells gasoline intended for ultimate consumption within a 

32 vehicle emissions control area, except that supplier does not mean a person 

33 with respect to gasoline supplied or sold by the person to another for resale 

34 to a retailer within a vehicle emissions control area or to a fleet owner for 

35 consumption within a vehicle emissions control area. 

36 11. 12. "Vehicle emissions control area" has the same meaning 

37 prescribed in section 49-541, except that such an area does not include a 

38 manufacturer's proving ground that is located in the vehicle emissions 

39 control area. 

40 Sec. 12. Title 41, chapter 15, article 6, Arizona Revised Statutes, is 

41 amended by adding section 41-2124.01, to read: 

42 41-2124.01. Area C; fuel reformulation; rules

43 A. FROM AND AFTER MAY 31, 2008 THROUGH SEPTEMBER 30, 2008 AND DURING 

44 THE PERIOD FROM AND AFTER MAY 31 THROUGH SEPTEMBER 30 OF EACH SUBSEQUENT 

45 YEAR, ALL GASOLINE PRODUCED AND SHIPPED TO OR WITHIN THIS STATE AND SOLD OR 
S.B. 1552 

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1 OFFERED FOR SALE FOR USE IN MOTOR VEHICLES IN AREA C SHALL COMPLY WITH EITHER 

2 OF THE FOLLOWING FUEL REFORMULATION OPTIONS: 

3 1. A GASOLINE THAT MEETS STANDARDS FOR FEDERAL PHASE II REFORMULATED 

4 GASOLINE, AS PROVIDED IN 40 CODE OF FEDERAL REGULATIONS SECTION 80.41, 

5 PARAGRAPHS (e) THROUGH (h), IN EFFECT ON JANUARY 1, 1999, EXCEPT THAT THE 

6 MINIMUM OXYGEN CONTENT STANDARD DOES NOT APPLY. THE GASOLINE SHALL ALSO MEET 

7 THE MAXIMUM VAPOR PRESSURE REQUIREMENTS IN SECTION 41-2083.01, SUBSECTION D. 

8 2. CALIFORNIA PHASE 2 REFORMULATED GASOLINE, INCLUDING ALTERNATIVE 

9 FORMULATIONS ALLOWED BY THE PREDICTIVE MODEL, AS ADOPTED BY THE CALIFORNIA 

10 AIR RESOURCES BOARD PURSUANT TO CALIFORNIA CODE OF REGULATIONS TITLE 13, 

11 SECTIONS 2261 THROUGH 2262.7 AND 2265, IN EFFECT ON JANUARY 1, 1997, EXCEPT 

12 THAT THE MINIMUM OXYGEN CONTENT STANDARD DOES NOT APPLY. THE GASOLINE SHALL 

13 ALSO MEET THE MAXIMUM VAPOR PRESSURE REQUIREMENTS IN SECTION 41-2083.01, 

14 SUBSECTION D. 

15 B. ANY REGISTERED SUPPLIER, AS DEFINED IN DEPARTMENT RULES, MAY 

16 PETITION THE DIRECTOR TO REQUEST THAT ALL REGISTERED SUPPLIERS BE ALLOWED TO 

17 SUPPLY GASOLINE IN AREA C THAT DOES NOT MEET THE STANDARDS IN SUBSECTION A OF 

18 THIS SECTION IF THE PETITIONER DEMONSTRATES THAT A SHORTAGE IN THE SUPPLY OF 

19 GASOLINE MEETING THE STANDARDS IN SUBSECTION A OF THIS SECTION IS IMMINENT. 

20 C. A PETITION UNDER SUBSECTION B OF THIS SECTION SHALL: 

21 1. IDENTIFY SPECIFIC SUPPLY CONDITIONS THAT WILL RESULT IN A SHORTAGE 

22 OF GASOLINE MEETING THE STANDARDS IN SUBSECTION A OF THIS SECTION. 

23 2. IDENTIFY THE FORMULATION OF GASOLINE THAT WILL BE SOLD IN AREA C IN 

24 LIEU OF GASOLINE MEETING THE STANDARDS IN SUBSECTION A OF THIS SECTION. 

25 3. SPECIFY A TIME PERIOD FOR COMPLIANCE WITH THE STANDARDS OF 

26 SUBSECTION A OF THIS SECTION NOT TO EXCEED SIXTY DAYS. 

27 D. THE DIRECTOR SHALL EITHER GRANT OR DENY A PETITION UNDER SUBSECTION 

28 B OF THIS SECTION IN WRITING WITHIN SEVEN DAYS OF ITS RECEIPT. ANY DECISION 

29 BY THE DIRECTOR TO GRANT THE PETITION SHALL BE EQUALLY APPLICABLE TO ALL 

30 REGISTERED SUPPLIERS AND SHALL NOT BE SELECTIVELY APPLIED TO ANY SINGLE 

31 REGISTERED SUPPLIER. THE PETITION MAY BE GRANTED ONLY IF THE DIRECTOR 

32 VERIFIES THAT THE BASIS FOR REQUESTING THE PETITION IS FACTUAL. 

33 E. THE DIRECTOR MAY REAUTHORIZE A PETITION GRANTED UNDER SUBSECTION B 

34 OF THIS SECTION IF THE PETITIONER DEMONSTRATES THAT THE CONDITIONS IDENTIFIED 

35 IN THE PETITION HAVE CONTINUED. THE REAUTHORIZATION OF A PETITION SHALL NOT 

36 EXCEED THIRTY DAYS. 

37 F. THE DIRECTOR OF THE DEPARTMENT OF WEIGHTS AND MEASURES SHALL 

38 CONSULT WITH THE DIRECTOR OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY BEFORE 

39 GRANTING, REAUTHORIZING OR DENYING ANY PETITION UNDER SUBSECTION B OF THIS 

40 SECTION. 

41 G. THE DIRECTOR OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY IN 

42 CONSULTATION WITH THE DIRECTOR OF THE DEPARTMENT OF WEIGHTS AND MEASURES 

43 SHALL ADOPT BY RULE: 

44 1. REQUIREMENTS TO IMPLEMENT SUBSECTIONS A, B AND C OF THIS SECTION. 
S.B. 1552 

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1 2. REQUIREMENTS FOR RECORD KEEPING, REPORTING AND ANALYTICAL METHODS 

2 FOR FUEL PROVIDERS TO DEMONSTRATE COMPLIANCE WITH SUBSECTION A OF THIS 

3 SECTION. 

4 H. THIS SECTION DOES NOT APPLY TO FUEL SOLD FOR USE AT A MOTOR VEHICLE 

5 MANUFACTURER PROVING GROUND OR AT A MOTOR VEHICLE RACING EVENT. 

6 Sec. 13. Section 41-2124.01, Arizona Revised Statutes, as added by 

7 section 12 of this act, is amended to read: 

8 41-2124.01. Area C; fuel reformulation; rules

9 A. From and after May 31, 2008 through September 30, 2008 and during 

10 the period from and after May 31 through September 30 of each subsequent 

11 year, all gasoline produced and shipped to or within this state and sold or 

12 offered for sale for use in motor vehicles in area C shall comply with either 

13 of the following fuel reformulation options: 

14 1. A gasoline that meets standards for federal phase II reformulated 

15 gasoline, as provided in 40 Code of Federal Regulations section 80.41, 

16 paragraphs (e) through (h), in effect on January 1, 1999, except that the 

17 minimum oxygen content standard does not apply. The gasoline shall also meet 

18 the maximum vapor pressure requirements in section 41-2083.01, subsection D. 

19 2. California phase 2 3 reformulated gasoline, including alternative 

20 formulations allowed by the predictive model, as adopted by the California 

21 air resources board pursuant to California Code of Regulations title 13, 

22 sections 2261 through 2262.7 and 2263, 2265 AND 2266.5, in effect on January 

23 1, 1997 MAY 1, 2003, except that the minimum oxygen content standard does not 

24 apply. The gasoline shall also meet the maximum INCLUDING vapor pressure 

25 requirements in section 41-2083.01, subsection D CONTAINED IN SECTION 2262.4. 

26 B. Any registered supplier, as defined in department rules, may 

27 petition the director to request that all registered suppliers be allowed to 

28 supply gasoline in area C that does not meet the standards in subsection A of 

29 this section if the petitioner demonstrates that a shortage in the supply of 

30 gasoline meeting the standards in subsection A of this section is imminent. 

31 C. A petition under subsection B of this section shall: 

32 1. Identify specific supply conditions that will result in a shortage 

33 of gasoline meeting the standards in subsection A of this section. 

34 2. Identify the formulation of gasoline that will be sold in area C in 

35 lieu of gasoline meeting the standards in subsection A of this section. 

36 3. Specify a time period for compliance with the standards of 

37 subsection A of this section not to exceed sixty days. 

38 D. The director shall either grant or deny a petition under subsection 

39 B of this section in writing within seven days of its receipt. Any decision 

40 by the director to grant the petition shall be equally applicable to all 

41 registered suppliers and shall not be selectively applied to any single 

42 registered supplier. The petition may be granted only if the director 

43 verifies that the basis for requesting the petition is factual. 

44 E. The director may reauthorize a petition granted under subsection G 

45 of this section if the petitioner demonstrates that the conditions identified 
S.B. 1552 

 - 19 - 

1 in the petition have continued. The reauthorization of a petition shall not 

2 exceed thirty days. 

3 F. The director of the department of weights and measures shall 

4 consult with the director of the department of environmental quality before 

5 granting, reauthorizing or denying any petition under subsection B of this 

6 section. 

7 G. The director of the department of environmental quality in 

8 consultation with the director of the department of weights and measures 

9 shall adopt by rule: 

10 1. Requirements to implement subsections A, B and C of this section. 

11 2. Requirements for record keeping, reporting and analytical methods 

12 for fuel providers to demonstrate compliance with subsection A of this 

13 section. 

14 H. This section does not apply to fuel sold for use at a motor vehicle 

15 manufacturer proving ground or at a motor vehicle racing event. 

16 Sec. 14. Section 49-457, Arizona Revised Statutes, is amended to read: 

17 49-457. Agricultural best management practices committee; 

18 members; powers; permits; definitions

19 A. A best management practices committee for regulated agricultural 

20 activities is established. 

21 B. The committee shall consist of: 

22 1. The director OF ENVIRONMENTAL QUALITY or the director's designee. 

23 2. The director of the ARIZONA department of agriculture or the 

24 director's designee. 

25 3. The dean of the college of agriculture of the university of Arizona 

26 or the dean's designee. 

27 4. The state director of the United States natural resources 

28 conservation service or the director's designee. 

29 5. One person actively engaged in the production of citrus. 

30 6. One person actively engaged in the production of vegetables. 

31 7. One person actively engaged in the production of cotton. 

32 8. One person actively engaged in the production of alfalfa. 

33 9. One person actively engaged in the production of grain. 

34 10. One soil taxonomist from the university of Arizona college of 

35 agriculture. 

36 C. The governor shall appoint the members designated pursuant to 

37 subsection A B, paragraphs 5 through 10 of this section for a term of six 

38 years. Members may be reappointed. Members are not entitled to compensation 

39 for their services but are entitled to receive reimbursement of expenses 

40 pursuant to section 38-611, subsection D TITLE 38, CHAPTER 4, ARTICLE 2. 

41 D. The committee shall elect a chairman from the appointed members to 

42 serve a two year term. 

43 E. The committee shall meet at the call of the chairman or at the 

44 request of a majority of the appointed members. 
S.B. 1552 

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1 F. The department of environmental quality, the ARIZONA department of 

2 agriculture and the college of agriculture of the university of Arizona shall 

3 cooperate with and provide technical assistance and any necessary information 

4 to the committee. The department of environmental quality shall provide the 

5 necessary staff support and meeting facilities for the committee. 

6 G. Notwithstanding subsections I, J and K of this section, a person 

7 engaged in a regulated agricultural activity on the effective date of this 

8 section AUGUST 21, 1998 shall comply with the general permit as provided in 

9 subsection H of this section by December 31, 2001. A person who commences a 

10 regulated agricultural activity after December 31, 2000, shall comply with 

11 the general permit within eighteen months of commencing the activity. 

12 H. By June 10, 2000, the committee shall adopt, by rule, an 

13 agricultural general permit specifying best management practices for 

14 regulated agricultural activities to reduce PM-10 particulate emissions. A 

15 person subject to an agricultural general permit pursuant to this section is 

16 not subject to a permit issued pursuant to section 49-426 except as provided 

17 in subsection K of this section. The committee shall adopt by rule a list of 

18 best management practices, at least one TWO of which shall be used to 

19 demonstrate compliance with applicable provisions of the general permit no 

20 later than December 31, 2001 2007. Best management practices may vary within 

21 the Maricopa PM-10 particulate nonattainment REGULATED area, according to 

22 regional or geographical conditions or cropping patterns. The director shall 

23 submit the rule to the United States environmental protection agency as a 

24 revision to the applicable implementation plan within sixty days of adoption

25 NO LATER THAN DECEMBER 31, 2007. 

26 I. If the director determines that a person engaged in a regulated 

27 activity is not in compliance with the general permit, and that person has 

28 not previously been subject to a compliance order issued pursuant to this 

29 section, the director may serve upon the person by certified mail an order 

30 requiring compliance with the general permit and notifying the person of the 

31 opportunity for a hearing pursuant to title 41, chapter 6, article 10. The 

32 order shall state with reasonable particularity the nature of the 

33 noncompliance and shall specify that the person has a period that the 

34 director determines is reasonable, but is not less than six months, to submit 

35 a plan to the supervisors of the natural resource conservation district in 

36 which the person engages in the regulated activity that specifies the best 

37 management practices from among those adopted in rule pursuant to subsection 

38 H of this section that the person will use to comply with the general permit. 

39 J. If the director determines that a person engaged in a regulated 

40 activity is not in compliance with the general permit, and that person has 

41 previously submitted a plan pursuant to subsection I of this section, the 

42 director may serve upon the person by certified mail an order requiring 

43 compliance with the general permit and notifying the person of the 

44 opportunity for a hearing pursuant to title 41, chapter 6, article 10. The 

45 order shall state with reasonable particularity the nature of the 
S.B. 1552 

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1 noncompliance and shall specify that the person has a period that the 

2 director determines is reasonable, but is not less than six months, to submit 

3 a plan to the department that specifies the best management practices from 

4 among those adopted in rule pursuant to subsection H of this section that the 

5 person will use to comply with the general permit. 

6 K. If a person fails to comply with the plan submitted pursuant to 

7 subsection J of this section, the director may revoke the agricultural 

8 general permit for that person and to require that the person obtain an 

9 individual permit pursuant to section 49-426. A revocation becomes effective 

10 after the director has provided the person with notice and an opportunity for 

11 a hearing pursuant to title 41, chapter 6, article 10. 

12 L. The committee may periodically reexamine, evaluate and modify best 

13 management practices. Any approved modifications shall be submitted to the 

14 United States environmental protection agency as a revision to the applicable 

15 implementation plan. 

16 M. The committee shall develop and commence an education program by 

17 June 10, 2000. The education program shall be conducted by the director or 

18 the director's designee or designees. 

19 N. In this section, unless the context otherwise requires: 

20 1. "Agricultural general permit" means best management practices that: 

21 (a) Reduce PM-10 particulate emissions from tillage practices and from 

22 harvesting on a commercial farm. 

23 (b) Reduce PM-10 particulate emissions from those areas of a 

24 commercial farm that are not normally in crop production. 

25 (c) Reduce PM-10 particulate emissions from those areas of a 

26 commercial farm that are normally in crop production including prior to plant 

27 emergence and when the land is not in crop production. 

28 2. "Applicable implementation plan" means that term as defined in 42 

29 United States Code SECTION 7601(q). 

30 3. "Best management practices" means techniques THAT ARE verified by 

31 scientific research, AND that on a case by case basis are practical, 

32 economically feasible and effective in reducing PM-10 particulate emissions 

33 from a regulated agricultural activity. 

34 4. "Maricopa PM-10 particulate nonattainment area" means the Phoenix 

35 planning area as set forth in 40 Code of Federal Regulations part SECTION 

36 81.303. 

37 5. "Regulated agricultural activities" means commercial farming 

38 practices that may produce PM-10 particulate emissions within the Maricopa 

39 PM-10 particulate nonattainment area REGULATED AREA. 

40 6. "REGULATED AREA" MEANS THE MARICOPA PM-1O NONATTAINMENT AREA AND 

41 ANY PORTION OF AREA A THAT IS LOCATED IN A COUNTY WITH A POPULATION OF TWO 

42 MILLION OR MORE PERSONS. 
S.B. 1552 

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1 Sec. 15. Title 49, chapter 3, article 2, Arizona Revised Statutes, is 

2 amended by adding sections 49-457.01, 49-457.02, 49-457.03 and 49-457.04, to 

3 read: 

4 49-457.01. Leaf blower use restrictions and training; leaf 

5 blower equipment sellers; informational material; 

6 outreach; applicability

7 A. THIS SECTION APPLIES IN A COUNTY WITH A POPULATION OF TWO MILLION 

8 OR MORE PERSONS OR ANY PORTION OF A COUNTY WITHIN AN AREA DESIGNATED BY THE 

9 ENVIRONMENTAL PROTECTION AGENCY AS A SERIOUS PM-10 NONATTAINMENT AREA OR A 

10 MAINTENANCE AREA THAT WAS DESIGNATED AS A SERIOUS PM-10 NONATTAINMENT AREA. 

11 B. AFTER MARCH 31, 2008, NO PERSON MAY USE A LEAF BLOWER TO BLOW 

12 LANDSCAPE DEBRIS INTO PUBLIC ROADWAYS. 

13 C. AFTER MARCH 31, 2008, NO PERSON MAY OPERATE A LEAF BLOWER EXCEPT ON 

14 SURFACES THAT HAVE BEEN STABILIZED WITH ASPHALTIC CONCRETE, CEMENT CONCRETE, 

15 HARDSCAPE, PENETRATION TREATMENT OF BITUMINOUS MATERIAL AND SEAL COAT OF 

16 BITUMINOUS BINDER AND A MINERAL AGGREGATE, DECOMPOSED GRANITE COVER, CRUSHED 

17 GRANITE COVER, AGGREGATE COVER, GRAVEL COVER, OR GRASS OR OTHER CONTINUOUS 

18 VEGETATIVE COVER, OR ANY COMBINATION OF THOSE STABILIZERS. 

19 D. AT LEAST ONCE EVERY THREE YEARS, ANY PERSON OPERATING A LEAF BLOWER 

20 FOR REMUNERATION SHALL SUCCESSFULLY COMPLETE TRAINING APPROVED BY THE 

21 DEPARTMENT ON HOW TO OPERATE A LEAF BLOWER IN A MANNER DESIGNED TO MINIMIZE 

22 THE GENERATION OF FUGITIVE DUST EMISSIONS. ANY PERSON WHO IS REQUIRED TO BE 

23 TRAINED UNDER THIS SUBSECTION SHALL COMPLETE INITIAL TRAINING NO LATER THAN 

24 DECEMBER 31, 2008. 

25 E. ANY PERSON WHO RENTS OR SELLS IN THE NORMAL COURSE OF BUSINESS 

26 EQUIPMENT THAT IS USED FOR BLOWING LANDSCAPE DEBRIS SHALL PROVIDE TO THE 

27 BUYER OR RENTER OF THE EQUIPMENT PRINTED MATERIALS THAT ARE APPROVED BY THE 

28 DEPARTMENT PURSUANT TO THIS SECTION. 

29 F. THE DEPARTMENT SHALL PRODUCE PRINTED MATERIALS AND DISTRIBUTE THOSE 

30 MATERIALS TO PERSONS WHO SELL OR RENT EQUIPMENT USED FOR BLOWING LANDSCAPE 

31 DEBRIS. THE PRINTED MATERIALS SHALL BE DESIGNED TO EDUCATE AND INFORM THE 

32 USER OF THE EQUIPMENT ON THE SAFE AND EFFICIENT USE OF THE EQUIPMENT, 

33 INCLUDING METHODS FOR REDUCING THE GENERATION OF DUST, AND SHALL INCLUDE 

34 INFORMATION REGARDING DUST CONTROL ORDINANCES AND RESTRICTIONS THAT MAY BE 

35 APPLICABLE. 

36 G. THIS SECTION DOES NOT APPLY TO ANY SITE THAT HAS A PERMIT ISSUED BY 

37 A CONTROL OFFICER AS DEFINED IN SECTION 49-471 FOR THE CONTROL OF FUGITIVE 

38 DUST FROM DUST GENERATING OPERATIONS.

39 49-457.02. Dust-free developments program; certification; seal

40 A. THE DEPARTMENT SHALL ESTABLISH THE DUST-FREE DEVELOPMENTS PROGRAM 

41 TO ENCOURAGE AND RECOGNIZE PERSONS AND ENTITIES THAT DEMONSTRATE EXCEPTIONAL 

42 COMMITMENT TO THE REDUCTION OF AIRBORNE DUST IN A COUNTY WITH A POPULATION OF 

43 MORE THAN TWO MILLION PERSONS AND IN THE PM-10 NONATTAINMENT AREA THAT 

44 CONTAINS THE CITY OF APACHE JUNCTION. THE PROGRAM SHALL INCLUDE A VOLUNTARY 

45 CERTIFICATION PROCESS BASED ON CRITERIA DEVELOPED BY THE DEPARTMENT. 
S.B. 1552 

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1 B. ANY PERSON OR ENTITY MAY APPLY FOR CERTIFICATION UNDER THE PROGRAM, 

2 AND IF APPROVED, MAY LAWFULLY USE A CERTIFICATION, SEAL, LOGO OR OTHER 

3 SIMILAR INDICATOR ESTABLISHED BY THE DEPARTMENT. A PERSON OR ENTITY THAT IS 

4 CERTIFIED UNDER THE PROGRAM MAY USE THE CERTIFICATION FOR PROMOTIONAL, CIVIC, 

5 PUBLIC RELATIONS OR PUBLIC INVOLVEMENT PURPOSES. 

6 C. NOTWITHSTANDING SECTION 41-3102, THIS PROGRAM DOES NOT INCLUDE A 

7 SPECIFIC EXPIRATION DATE. 

8 49-457.03. Off-road vehicles; pollution advisory days; 

9 applicability; penalties

10 A. IN AREA A, AS DEFINED IN SECTION 49-541, A PERSON SHALL NOT OPERATE 

11 AN OFF-HIGHWAY VEHICLE, AN ALL-TERRAIN VEHICLE OR AN OFF-ROAD RECREATIONAL 

12 MOTOR VEHICLE ON AN UNPAVED SURFACE THAT IS NOT A PUBLIC OR PRIVATE ROAD, 

13 STREET OR LAWFUL EASEMENT DURING ANY HIGH POLLUTION ADVISORY DAY FORECAST FOR 

14 PARTICULATE MATTER BY THE DEPARTMENT. 

15 B. THIS SECTION DOES NOT APPLY TO: 

16 1. AN EVENT THAT IS INTENDED FOR OFF-HIGHWAY VEHICLES, ALL-TERRAIN 

17 VEHICLES OR OFF-ROAD RECREATIONAL MOTOR VEHICLES AND THAT IS ENDORSED, 

18 AUTHORIZED, PERMITTED OR SPONSORED BY A PUBLIC AGENCY, THAT OCCURS ON A 

19 DESIGNATED ROUTE OR AREA AND THAT INCLUDES DUST ABATEMENT MEASURES AT ALL 

20 STAGING AREAS, PARKING AREAS AND ENTRANCES. 

21 2. AN EVENT THAT OCCURS AT A FACILITY FOR WHICH AN ADMISSION OR USER 

22 FEE IS CHARGED AND THAT INCLUDES DUST ABATEMENT MEASURES. 

23 3. A CLOSED COURSE THAT IS MAINTAINED WITH DUST ABATEMENT MEASURES. 

24 4. AN OFF-HIGHWAY VEHICLE, ALL-TERRAIN VEHICLE OR OFF-ROAD 

25 RECREATIONAL MOTOR VEHICLE USED IN THE NORMAL COURSE OF BUSINESS OR THE 

26 NORMAL COURSE OF GOVERNMENT OPERATIONS. 

27 5. GOLF CARTS THAT ARE USED AS PART OF A PRIVATE OR PUBLIC GOLF COURSE 

28 OPERATION. 

29 C. A PERSON WHO VIOLATES THIS SECTION IS SUBJECT TO: 

30 1. A WARNING FOR THE FIRST VIOLATION. 

31 2. THE IMPOSITION OF A CIVIL PENALTY OF FIFTY DOLLARS FOR THE SECOND 

32 VIOLATION. 

33 3. THE IMPOSITION OF A CIVIL PENALTY OF ONE HUNDRED DOLLARS FOR THE 

34 THIRD VIOLATION. 

35 4. THE IMPOSITION OF A CIVIL PENALTY OF TWO HUNDRED FIFTY DOLLARS FOR 

36 THE FOURTH OR ANY SUBSEQUENT VIOLATION. 

37 D. FOR VIOLATIONS OF THIS SECTION, THE CONTROL OFFICER OR OTHER 

38 ENFORCEMENT OFFICER SHALL USE A UNIFORM CIVIL TICKET AND COMPLAINT 

39 SUBSTANTIALLY SIMILAR TO A UNIFORM TRAFFIC TICKET AND COMPLAINT PRESCRIBED BY 

40 THE RULES OF PROCEDURE IN CIVIL TRAFFIC CASES ADOPTED BY THE SUPREME COURT. 

41 THE CONTROL OFFICER OR OTHER ENFORCEMENT OFFICER MAY ISSUE CITATIONS TO 

42 PERSONS IN VIOLATION OF THIS SECTION. 
S.B. 1552 

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1 49-457.04. Off-highway vehicle and all-terrain vehicle dealers; 

2 informational material; outreach; applicability

3 A. ANY PERSON WHO RENTS OR SELLS IN THE NORMAL COURSE OF BUSINESS 

4 OFF-HIGHWAY VEHICLES, ALL-TERRAIN VEHICLES OR OFF-ROAD RECREATIONAL MOTOR 

5 VEHICLES, OTHER THAN GOLF CARTS SOLD TO PUBLIC OR PRIVATE GOLF COURSES, SHALL 

6 PROVIDE TO THE BUYER OR RENTER OF THE VEHICLE PRINTED MATERIALS THAT ARE 

7 APPROVED BY THE DEPARTMENT PURSUANT TO THIS SECTION. 

8 B. THE DEPARTMENT SHALL PRODUCE PRINTED MATERIALS AND DISTRIBUTE THOSE 

9 MATERIALS TO PERSONS WHO SELL OR RENT OFF-HIGHWAY VEHICLES, ALL-TERRAIN 

10 VEHICLES OR OFF-ROAD RECREATIONAL MOTOR VEHICLES. THE PRINTED MATERIALS 

11 SHALL BE DESIGNED TO EDUCATE AND INFORM THE USER OF THE VEHICLE ON METHODS 

12 FOR REDUCING THE GENERATION OF DUST AND SHALL INCLUDE INFORMATION REGARDING 

13 DUST CONTROL ORDINANCES AND RESTRICTIONS THAT MAY BE APPLICABLE. THE 

14 DEPARTMENT SHALL MAKE AVAILABLE ON THE DEPARTMENT’S WEBSITE THE PRINTED 

15 MATERIALS IN A FORMAT THAT IS ACCESSIBLE TO THE PUBLIC. 

16 C. THIS SECTION APPLIES IN A COUNTY WITH A POPULATION OF TWO MILLION 

17 OR MORE PERSONS OR ANY PORTION OF A COUNTY IN AN AREA DESIGNATED BY THE 

18 ENVIRONMENTAL PROTECTION AGENCY AS A SERIOUS PM-10 NONATTAINMENT AREA OR A 

19 MAINTENANCE AREA THAT WAS DESIGNATED AS A SERIOUS PM-10 NONATTAINMENT AREA. 

20 Sec. 16. Section 49-474.01, Arizona Revised Statutes, is amended to 

21 read: 

22 49-474.01. Additional board duties in vehicle emissions control 

23 areas; definitions

24 A. The board of supervisors of a county which contains any portion of 

25 area A or area B as defined in section 49-541 shall: 

26 1. In area A, in consultation with the designated metropolitan 

27 planning organization, synchronize traffic control signals on all existing 

28 and new roadways, within the unincorporated area and at jurisdictional 

29 boundaries, which have a traffic flow exceeding fifteen thousand motor 

30 vehicles per day. 

31 2. In area A, beginning on January 1, 2000, develop and implement 

32 plans to stabilize targeted unpaved roads, alleys and unpaved shoulders on 

33 targeted arterials. The plans shall address the performance goals, the 

34 criteria for targeting roads, alleys and arterials, a schedule for 

35 implementation, funding options and reporting requirements. 

36 3. In area A, acquire or utilize vacuum systems or other dust removal 

37 technology to reduce the particulates attributable to conventional crack 

38 sealing operations as existing equipment is retired. 

39 4. IN AREA A, BEGINNING JANUARY 1, 2008, DEVELOP AND IMPLEMENT PLANS 

40 TO STABILIZE TARGETED UNPAVED ROADS, ALLEYS AND UNPAVED SHOULDERS ON TARGETED 

41 ARTERIALS. THE PLANS SHALL ADDRESS THE PERFORMANCE GOALS, THE CRITERIA FOR 

42 TARGETING THE ROADS, ALLEYS AND SHOULDERS, A SCHEDULE FOR IMPLEMENTATION, 

43 FUNDING OPTIONS AND REPORTING REQUIREMENTS. PRIORITY SHALL BE GIVEN TO THE 

44 FOLLOWING: 
S.B. 1552 

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1 (a) UNPAVED ROADS WITH MORE THAN ONE HUNDRED AVERAGE DAILY TRIPS. 

2 (b) UNPAVED SHOULDERS ON ARTERIAL ROADS AND OTHER ROAD SEGMENTS WHERE 

3 VEHICLE USE ON UNPAVED SHOULDERS IS EVIDENT OR ANTICIPATED DUE TO PROJECTED 

4 TRAFFIC VOLUME. 

5 5. IN A COUNTY WITH A POPULATION OF TWO MILLION OR MORE PERSONS OR ANY 

6 PORTION OF A COUNTY IN AN AREA DESIGNATED BY THE ENVIRONMENTAL PROTECTION 

7 AGENCY AS A SERIOUS PM-10 NONATTAINMENT AREA OR A MAINTENANCE AREA THAT WAS 

8 DESIGNATED AS A SERIOUS PM-10 NONATTAINMENT AREA, NO LATER THAN MARCH 31, 

9 2008, ADOPT OR AMEND CODES OR ORDINANCES AND, NO LATER THAN OCTOBER 1, 2008, 

10 COMMENCE ENFORCEMENT OF THOSE CODES OR ORDINANCES AS NECESSARY TO REQUIRE 

11 THAT PARKING, MANEUVERING, INGRESS AND EGRESS AREAS AT DEVELOPMENTS OTHER 

12 THAN RESIDENTIAL BUILDINGS WITH FOUR OR FEWER UNITS ARE MAINTAINED WITH ONE 

13 OR MORE OF THE FOLLOWING DUSTPROOF PAVING METHODS: 

14 (a) ASPHALTIC CONCRETE. 

15 (b) CEMENT CONCRETE. 

16 (c) PENETRATION TREATMENT OF BITUMINOUS MATERIAL AND SEAL COAT OF 

17 BITUMINOUS BINDER AND A MINERAL AGGREGATE. 

18 (d) A STABILIZATION METHOD APPROVED BY THE COUNTY. 

19 6. IN A COUNTY WITH A POPULATION OF TWO MILLION OR MORE PERSONS OR ANY 

20 PORTION OF A COUNTY IN AN AREA DESIGNATED BY THE ENVIRONMENTAL PROTECTION 

21 AGENCY AS A SERIOUS PM-10 NONATTAINMENT AREA OR A MAINTENANCE AREA THAT WAS 

22 DESIGNATED AS A SERIOUS PM-10 NONATTAINMENT AREA, NO LATER THAN MARCH 31, 

23 2008, ADOPT OR AMEND CODES OR ORDINANCES AND, NO LATER THAN OCTOBER 1, 2009, 

24 COMMENCE ENFORCEMENT OF THOSE CODES OR ORDINANCES AS NECESSARY TO REQUIRE 

25 THAT PARKING, MANEUVERING, INGRESS AND EGRESS AREAS THREE THOUSAND SQUARE 

26 FEET OR MORE IN SIZE AT RESIDENTIAL BUILDINGS WITH FOUR OR FEWER UNITS ARE 

27 MAINTAINED WITH A PAVING OR STABILIZATION METHOD AUTHORIZED BY THE COUNTY BY 

28 CODE, ORDINANCE OR PERMIT. 

29 7. IN AREA A, NO LATER THAN MARCH 31, 2008, ADOPT OR AMEND CODES OR 

30 ORDINANCES AS NECESSARY TO RESTRICT VEHICLE PARKING AND USE ON UNPAVED OR 

31 UNSTABILIZED VACANT LOTS. 

32 8. IN AREA A, REQUIRE THAT NEW OR RENEWED CONTRACTS FOR STREET 

33 SWEEPING ON CITY STREETS MUST BE CONDUCTED WITH STREET SWEEPERS THAT MEET THE 

34 SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT RULE 1186 STREET SWEEPER 

35 CERTIFICATION SPECIFICATIONS FOR PICK UP EFFICIENCY AND PM-10 EMISSIONS IN 

36 EFFECT ON JANUARY 1, 2007. 

37 4. 9. In area B, synchronize traffic control signals on roadways with 

38 a traffic flow exceeding fifteen thousand motor vehicles per day. 

39 5. 10. Implement adjusted work hours for at least eighty-five per 

40 cent of county employees in area A each year beginning October 1 and ending 

41 April 1 in order to reduce the level of carbon monoxide concentrations caused 

42 by vehicular travel. 

43 11. IN A COUNTY WITH A POPULATION OF TWO MILLION OR MORE PERSONS OR 

44 ANY PORTION OF A COUNTY WITHIN AN AREA DESIGNATED BY THE ENVIRONMENTAL 

45 PROTECTION AGENCY AS A SERIOUS PM-10 NONATTAINMENT AREA OR A MAINTENANCE AREA 
S.B. 1552 

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1 THAT WAS DESIGNATED AS A SERIOUS PM-10 NONATTAINMENT AREA, NO LATER THAN 

2 MARCH 31, 2008, ADOPT RULE PROVISIONS, AND, NO LATER THAN OCTOBER 1, 2008, 

3 COMMENCE ENFORCEMENT OF THOSE RULE PROVISIONS REGARDING THE STABILIZATION OF 

4 DISTURBED SURFACES OF VACANT LOTS THAT INCLUDE THE FOLLOWING: 

5 (a) REASONABLE WRITTEN NOTICE TO THE OWNER OR THE OWNER'S AUTHORIZED 

6 AGENT OR THE OWNER'S STATUTORY AGENT THAT THE UNPAVED DISTURBED SURFACE OF A 

7 VACANT LOT IS REQUIRED TO BE STABILIZED. THE NOTICE SHALL BE GIVEN NOT LESS 

8 THAN THIRTY DAYS BEFORE THE DAY SET FOR COMPLIANCE AND SHALL INCLUDE A LEGAL 

9 DESCRIPTION OF THE PROPERTY AND THE ESTIMATED COST TO THE COUNTY FOR THE 

10 STABILIZATION IF THE OWNER DOES NOT COMPLY. THE NOTICE SHALL BE EITHER 

11 PERSONALLY SERVED OR MAILED BY CERTIFIED MAIL TO THE OWNER'S STATUTORY AGENT, 

12 TO THE OWNER AT THE OWNER'S LAST KNOWN ADDRESS OR TO THE ADDRESS TO WHICH THE 

13 TAX BILL FOR THE PROPERTY WAS LAST MAILED. 

14 (b) AUTHORITY FOR THE COUNTY TO ENTER THE LOT TO STABILIZE THE 

15 DISTURBED SURFACE AT THE EXPENSE OF THE OWNER IF THE VACANT LOT HAS NOT BEEN 

16 STABILIZED BY THE DAY SET FOR COMPLIANCE. 

17 (c) METHODS FOR STABILIZATION OF THE DISTURBED SURFACE OF THE VACANT 

18 LOT, THE ACTUAL COST OF STABILIZATION AND THE FINE THAT MAY BE IMPOSED FOR A 

19 VIOLATION OF THIS SECTION. 

20 B. FOR THE PURPOSES OF SUBSECTION A, PARAGRAPH 11 OF THIS SECTION: 

21 1. "DISTURBED SURFACE" MEANS A PORTION OF THE EARTH'S SURFACE OR 

22 MATERIAL PLACED ON THE EARTH'S SURFACE THAT HAS BEEN PHYSICALLY MOVED, 

23 UNCOVERED, DESTABILIZED OR OTHERWISE MODIFIED FROM ITS UNDISTURBED NATIVE 

24 CONDITION IF THE POTENTIAL FOR THE EMISSION OF FUGITIVE DUST IS INCREASED BY 

25 THE MOVEMENT, DESTABILIZATION OR MODIFICATION. 

26 2. VACANT LOTS DO NOT INCLUDE ANY SITE OF DISTURBED SURFACE AREA THAT 

27 IS SUBJECT TO A PERMIT ISSUED BY A CONTROL OFFICER THAT REQUIRES CONTROL OF 

28 PM-10 EMISSIONS FROM DUST GENERATING OPERATIONS. 

29 B. C. The board of supervisors of a county that contains any portion 

30 of area A as defined in section 49-541 shall make and enforce ordinances 

31 consistent with section 49-588 to reduce or encourage the reduction of the 

32 commuter use of motor vehicles by employees of the county and employees whose 

33 place of employment is within area A. 

34 C. D. The board of supervisors in a county that contains any portion 

35 of area A shall develop and implement a vehicle fleet plan for the purpose of 

36 encouraging and progressively increasing the use of alternative fuels and 

37 clean burning fuels in county owned vehicles operating in area A. 

38 D. E. The plan shall include a timetable for increasing the use of 

39 alternative fuels and clean burning fuels in fleet vehicles either through 

40 purchase or conversion. The timetable shall reflect the following schedule 

41 and percentage of vehicles that operate on alternative fuels or clean burning 

42 fuels: 

43 1. At least eighteen per cent of the total fleet by December 31, 1995. 

44 2. At least twenty-five per cent of the total fleet by December 31, 

45 1996. 
S.B. 1552 

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1 3. At least fifty per cent of the total fleet by December 31, 1998. 

2 4. At least seventy-five per cent of the total fleet by December 31, 

3 2000 and each year thereafter. 

4 E. F. The requirements of subsections C D and D E of this section 

5 may be waived on receipt of certification supported by evidence acceptable to 

6 the department that the county is unable to acquire or be provided equipment 

7 or refueling facilities necessary to operate vehicles using alternative fuels 

8 or clean burning fuels at a projected cost that is reasonably expected to 

9 result in net costs of no greater than ten per cent more than the net costs 

10 associated with the continued use of conventional gasoline or diesel fuels 

11 measured over the expected useful life of the equipment or facilities 

12 supplied. Applications for waivers shall be filed with the department 

13 pursuant to section 49-412. An entity that receives a waiver pursuant to 

14 this section shall retrofit fleet heavy-duty diesel vehicles with a gross 

15 vehicle weight of eight thousand five hundred pounds or more, that were 

16 manufactured in or before model year 1993 and that are the subject of the 

17 waiver with a technology that is effective at reducing particulate emissions 

18 at least twenty-five per cent or more and that has been approved by the 

19 United States environmental protection agency pursuant to the urban bus 

20 engine retrofit/rebuild program. The entity shall comply with the 

21 implementation schedule pursuant to section 49-555. 

22 F. G. If the requirements of subsections C D and D E of this 

23 section are met by the use of clean burning fuel, vehicle equivalents under 

24 those requirements shall be calculated as follows: 

25 1. One vehicle equivalent for every four hundred fifty gallons of neat 

26 biodiesel or two thousand two hundred fifty gallons of a diesel fuel 

27 substitute prescribed in section 1-215, paragraph 7, subdivision (b). 

28 2. One vehicle equivalent for every five hundred thirty gallons of the 

29 fuel prescribed in section 1-215, paragraph 7, subdivision (d). 

30 H. SUBSECTION A, PARAGRAPHS 5, 6 AND 7 OF THIS SECTION DO NOT APPLY TO 

31 ANY SITE THAT HAS A PERMIT ISSUED BY A CONTROL OFFICER AS DEFINED IN SECTION 

32 49-471 FOR THE CONTROL OF FUGITIVE DUST FROM DUST GENERATING OPERATIONS. 

33 G. I. For the purposes of this section, "alternative fuel" and "clean 

34 burning fuel" have the same meanings prescribed in section 1-215. 

35 Sec. 17. Title 49, chapter 3, article 3, Arizona Revised Statutes, is 

36 amended by adding sections 49-474.05, 49-474.06 and 49-474.07, to read: 

37 49-474.05. Dust control; training; site coordinators

38 A. THIS SECTION APPLIES IN A COUNTY WITH A POPULATION OF TWO MILLION 

39 OR MORE PERSONS OR ANY PORTION OF A COUNTY IN AN AREA DESIGNATED BY THE 

40 ENVIRONMENTAL PROTECTION AGENCY AS A SERIOUS PM-10 NONATTAINMENT AREA OR A 

41 MAINTENANCE AREA THAT WAS DESIGNATED AS A SERIOUS PM-10 NONATTAINMENT AREA. 

42 B. NO LATER THAN JANUARY 1, 2008, THE CONTROL OFFICER SHALL DEVELOP 

43 AND IMPLEMENT BASIC AND COMPREHENSIVE TRAINING PROGRAMS FOR THE SUPPRESSION 

44 OF PM-10 EMISSIONS FROM SOURCES OF PM-10 THAT ARE SUBJECT TO A PERMIT ISSUED 

45 BY A CONTROL OFFICER THAT REQUIRES CONTROL OF PM-10 EMISSIONS FROM DUST 
S.B. 1552 

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1 GENERATING OPERATIONS. THE CONTROL OFFICER MAY APPROVE TRAINING DEVELOPED 

2 AND PROVIDED BY A THIRD PARTY AND THE BOARD OF SUPERVISORS MAY ADOPT RULES 

3 PRESCRIBING STANDARDS FOR DUST CONTROL TRAINING. 

4 C. AT LEAST ONCE EVERY THREE YEARS, THE FOLLOWING PERSONS ARE REQUIRED 

5 TO SUCCESSFULLY COMPLETE BASIC DUST CONTROL TRAINING: 

6 1. THE SITE SUPERINTENDENT OR OTHER DESIGNATED ON-SITE REPRESENTATIVE 

7 OF THE PERMIT HOLDER IF PRESENT AT A SITE THAT HAS MORE THAN ONE ACRE OF 

8 DISTURBED SURFACE AREA THAT IS SUBJECT TO A PERMIT ISSUED BY A CONTROL 

9 OFFICER REQUIRING CONTROL OF PM-10 EMISSIONS FROM DUST GENERATING OPERATIONS. 

10 2. WATER TRUCK AND WATER PULL DRIVERS. 

11 D. PERSONS WHO ARE REQUIRED TO BE TRAINED UNDER THIS SECTION SHALL 

12 COMPLETE THE TRAINING NO LATER THAN DECEMBER 31, 2008. ALL PERSONS WHO HAVE 

13 SUCCESSFULLY COMPLETED TRAINING DURING THE 2006 AND 2007 CALENDAR YEARS ARE 

14 DEEMED TO HAVE SATISFIED THIS REQUIREMENT IF THE TRAINING PROGRAM COMPLETED 

15 WAS CONDUCTED OR APPROVED BY A COUNTY AIR POLLUTION CONTROL OFFICER. 

16 COMPLETION OF THE TRAINING REQUIRED UNDER SUBSECTION G SATISFIES THE 

17 REQUIREMENTS OF THIS SUBSECTION. 

18 E. NO LATER THAN JUNE 30, 2008, THE PERMITTEE FOR ANY SITE OF FIVE 

19 ACRES OR MORE OF DISTURBED SURFACE AREA SUBJECT TO A PERMIT ISSUED BY A 

20 CONTROL OFFICER REQUIRING CONTROL OF PM-10 EMISSIONS FROM DUST GENERATING 

21 OPERATIONS SHALL HAVE ON SITE AT LEAST ONE DUST CONTROL COORDINATOR TRAINED 

22 IN ACCORDANCE WITH THIS SECTION AT ALL TIMES DURING PRIMARY DUST GENERATING 

23 OPERATIONS RELATED TO THE PURPOSES FOR WHICH THE DUST CONTROL PERMIT WAS 

24 OBTAINED. 

25 F. A DUST CONTROL COORDINATOR HAS FULL AUTHORITY TO ENSURE THAT DUST 

26 CONTROL MEASURES ARE IMPLEMENTED ON SITE, INCLUDING CONDUCTING INSPECTIONS, 

27 DEPLOYMENT OF DUST SUPPRESSION RESOURCES AND MODIFICATION OR SHUTDOWN OF 

28 ACTIVITIES AS NEEDED TO CONTROL DUST. THE DUST CONTROL COORDINATOR SHALL BE 

29 RESPONSIBLE FOR MANAGING DUST PREVENTION AND DUST CONTROL ON THE SITE. 

30 G. AT LEAST ONCE EVERY THREE YEARS, THE DUST CONTROL COORDINATOR SHALL 

31 SUCCESSFULLY COMPLETE A COMPREHENSIVE DUST CONTROL CLASS CONDUCTED OR 

32 APPROVED UNDER SUBSECTION A BY THE COUNTY AIR POLLUTION CONTROL OFFICER WITH 

33 JURISDICTION OVER THE SITE. THE DUST CONTROL COORDINATOR SHALL HAVE A VALID 

34 DUST TRAINING CERTIFICATION IDENTIFICATION CARD READILY ACCESSIBLE ON SITE 

35 WHILE ACTING AS A DUST CONTROL COORDINATOR. ALL PERSONS HAVING SUCCESSFULLY 

36 COMPLETED TRAINING DURING THE 2006 AND 2007 CALENDAR YEARS ARE DEEMED TO HAVE 

37 SATISFIED THIS REQUIREMENT IF THE TRAINING PROGRAM COMPLETED WAS CONDUCTED OR 

38 APPROVED BY A COUNTY AIR POLLUTION CONTROL OFFICER. 

39 H. SUBSECTIONS C AND D DO NOT APPLY WHEN ON-SITE DUST GENERATING 

40 OPERATIONS ARE CONDUCTED BY A PERMITTEE WHO IS REQUIRED TO OBTAIN A SINGLE 

41 PERMIT FOR MULTIPLE NONCONTIGUOUS SITES THAT IS ISSUED BY A CONTROL OFFICER 

42 AND THAT REQUIRES CONTROL OF PM-10 EMISSIONS. 

43 I. THE REQUIREMENTS OF SUBSECTIONS E AND F LAPSE IF ALL OF THE 

44 FOLLOWING APPLY: 

45 1. THE AREA OF THE DISTURBED SURFACE AREA IS LESS THAN FIVE ACRES. 
S.B. 1552 

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1 2. THE PREVIOUSLY DISTURBED AREAS ARE STABILIZED IN ACCORDANCE WITH 

2 THE REQUIREMENTS OF APPLICABLE RULES. 

3 3. THE PERMITTEE PROVIDES NOTICE OF THE ACREAGE STABILIZED TO THE 

4 CONTROL OFFICER. 

5 J. PERMITTEES WHO ARE REQUIRED TO OBTAIN A SINGLE PERMIT FOR MULTIPLE 

6 NONCONTIGUOUS SITES THAT IS ISSUED BY A CONTROL OFFICER AND THAT REQUIRES 

7 CONTROL OF PM-10 EMISSIONS FROM DUST GENERATING OPERATIONS SHALL HAVE ON 

8 SITES WITH GREATER THAN ONE ACRE OF DISTURBED SURFACE AREA AT LEAST ONE 

9 INDIVIDUAL WHO IS DESIGNATED BY THE PERMITTEE AS A DUST CONTROL COORDINATOR 

10 TRAINED IN ACCORDANCE WITH SUBSECTION C. THE DUST CONTROL COORDINATOR SHALL 

11 BE PRESENT ON SITE AT ALL TIMES DURING PRIMARY DUST GENERATING ACTIVITIES 

12 THAT ARE RELATED TO THE PURPOSES FOR WHICH THE PERMIT WAS OBTAINED. THIS 

13 SUBSECTION DOES NOT APPLY TO PERMITTEES SUBJECT TO SUBSECTIONS B AND C. 

14 49-474.06. Dust control; subcontractor registration; fee

15 A. IN AN AREA DESIGNATED BY THE ENVIRONMENTAL PROTECTION AGENCY AS A 

16 SERIOUS PM-10 NONATTAINMENT AREA OR A MAINTENANCE AREA THAT WAS DESIGNATED AS 

17 A SERIOUS PM-10 NONATTAINMENT AREA, A SUBCONTRACTOR WHO IS ENGAGED IN DUST 

18 GENERATING OPERATIONS AT A SITE THAT IS SUBJECT TO A PERMIT THAT IS ISSUED BY 

19 A CONTROL OFFICER AND THAT REQUIRES CONTROL OF PM-10 EMISSIONS FROM DUST 

20 GENERATING OPERATIONS SHALL REGISTER WITH THE CONTROL OFFICER BY SUBMITTING 

21 INFORMATION IN THE MANNER PRESCRIBED BY THE CONTROL OFFICER. THE CONTROL 

22 OFFICER SHALL ISSUE A REGISTRATION NUMBER AFTER PAYMENT OF THE FEE AUTHORIZED 

23 UNDER SUBSECTION C. 

24 B. THE SUBCONTRACTOR SHALL HAVE ITS REGISTRATION NUMBER READILY 

25 ACCESSIBLE ON SITE WHILE CONDUCTING ANY DUST GENERATING OPERATIONS. 

26 C. THE CONTROL OFFICER MAY ESTABLISH AND ASSESS A FEE FOR THE 

27 REGISTRATION REQUIRED UNDER SUBSECTION A BASED ON THE TOTAL COST OF 

28 PROCESSING THE REGISTRATION AND ISSUANCE OF A REGISTRATION NUMBER. 

29 49-474.07. Voluntary diesel equipment retrofit program; 

30 criteria; inventory; permits

31 A. A COUNTY WITH A POPULATION OF MORE THAN FOUR HUNDRED THOUSAND 

32 PERSONS SHALL OPERATE AND ADMINISTER A VOLUNTARY DIESEL EMISSIONS RETROFIT 

33 PROGRAM IN THE COUNTY FOR THE PURPOSE OF REDUCING PARTICULATE EMISSIONS FROM 

34 DIESEL EQUIPMENT. THE PROGRAM SHALL PROVIDE FOR REAL AND QUANTIFIABLE 

35 EMISSIONS REDUCTIONS BASED ON ACTUAL EMISSIONS REDUCTIONS BY AN AMOUNT 

36 GREATER THAN THAT ALREADY REQUIRED BY APPLICABLE LAW, RULE, PERMIT OR ORDER 

37 AND COMPUTED BASED ON THE PERCENTAGE EMISSIONS REDUCTIONS FROM THE TESTING OF 

38 THE DIESEL RETROFIT EQUIPMENT PRESCRIBED IN SUBSECTION C AS APPLIED TO THE 

39 RATED EMISSIONS OF THE ENGINE AND USING THE STANDARD OPERATING HOURS OF THE 

40 EQUIPMENT. 

41 B. A PERSON MAY PARTICIPATE IN THE PROGRAM IF BOTH OF THE FOLLOWING 

42 APPLY: 

43 1. THE PERSON IS THE OWNER OF DIESEL POWERED EQUIPMENT THAT REQUIRES A 

44 PERMIT ISSUED PURSUANT TO THIS ARTICLE FOR LAWFUL OPERATION. 
S.B. 1552 

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1 2. THE PERSON REPORTS TO THE CONTROL OFFICER ON THE TYPE OF EQUIPMENT 

2 THAT IS RETROFITTED, PROVIDES A METHOD FOR CALCULATING THE EMISSIONS 

3 REDUCTIONS ACHIEVED THAT IS APPROVED BY THE CONTROL OFFICER AND PROVIDES 

4 EVIDENCE THAT THE RETROFITTED EQUIPMENT IS ACTUALLY USED IN A MANNER THAT 

5 RESULTS IN LOWER PARTICULATE EMISSIONS WITH NO INCREASE IN EMISSIONS OF OTHER 

6 POLLUTANTS. 

7 C. THE VOLUNTARY DIESEL RETROFIT PROGRAM SHALL PROVIDE FOR THE 

8 FOLLOWING: 

9 1. EACH PERSON WHO PARTICIPATES SHALL ALLOCATE TO THE AIR QUALITY 

10 EMISSIONS REDUCTION INVENTORY FOR THAT COUNTY ONE-HALF OF THE TOTAL 

11 PARTICULATE EMISSIONS REDUCTION ACHIEVED THROUGH THAT PERSON'S RETROFIT OF 

12 DIESEL EQUIPMENT OPERATING AT THE PERMITTED SITE WHETHER OR NOT THAT 

13 EQUIPMENT IS REQUIRED TO HAVE A PERMIT. 

14 2. EACH PERSON WHO PARTICIPATES SHALL RETAIN ONE-HALF OF THE TOTAL 

15 PARTICULATE EMISSIONS REDUCTION ACHIEVED THROUGH THAT PERSON'S RETROFIT OF 

16 EQUIPMENT AT THE SITE FOR PURPOSES OF RECEIVING A MODIFICATION TO AN EXISTING 

17 PERMIT OR A PROVISION IN A NEW PERMIT THAT ALLOWS FOR EXTENDED HOURS OF 

18 OPERATION FOR THE PERMITTED EQUIPMENT, AS COMPARED TO THE EXISTING PERMIT, OR 

19 FOR NEW PERMITS, AS COMPARED TO PERMITS FOR SIMILAR EQUIPMENT. 

20 3. THE DIESEL EMISSIONS REDUCTION EQUIPMENT THAT IS RETROFITTED SHALL 

21 BE REGISTERED WITH THE DEPARTMENT OF ENVIRONMENTAL QUALITY WITH NOTICE TO THE 

22 APPLICABLE COUNTY, SHALL BE TESTED WITH AN ISO 8178 TEST BY A PROPERLY 

23 EQUIPPED LABORATORY AND SHALL DEMONSTRATE AT LEAST A THIRTY-FIVE PER CENT 

24 REDUCTION IN PARTICULATE POLLUTION WITH NO INCREASE IN THE GENERATION OR 

25 EMISSION OF OTHER REGULATED POLLUTANTS. THIS PARAGRAPH APPLIES WITHOUT 

26 REGARD TO WHETHER THE PARTICIPANT IS REQUIRED TO OBTAIN AN AIR QUALITY PERMIT 

27 FOR THE EQUIPMENT. 

28 4. THE CONTROL OFFICER SHALL PROVIDE A METHOD FOR DETERMINING THE 

29 PARTICIPANT'S ELIGIBILITY FOR THE PROGRAM AND FOR THE MODIFICATION OF 

30 EXISTING PERMITS OR FOR INCORPORATING THIS PROGRAM'S PROVISIONS INTO THE 

31 TERMS OF ANY APPLICABLE NEW PERMITS AS WELL AS ANY REPORTING REQUIREMENTS TO 

32 ENSURE CONTINUED USE OF THE EMISSIONS REDUCTION MEASURES. 

33 D. THIS SECTION DOES NOT AUTHORIZE A PERMIT CONDITION OR A 

34 MODIFICATION TO A PERMIT CONDITION THAT WOULD VIOLATE A REQUIREMENT OF THE 

35 CLEAN AIR ACT, THIS CHAPTER OR A RULE ADOPTED UNDER THIS CHAPTER, INCLUDING 

36 THE NATIONAL AMBIENT AIR QUALITY STANDARDS. THIS SECTION DOES NOT AUTHORIZE 

37 THE USE OF REDUCTIONS IN MOBILE SOURCE EMISSIONS FOR PURPOSES OF DETERMINING 

38 THE APPLICABILITY OF NEW SOURCE REVIEW REQUIREMENTS.

39 Sec. 18. Section 49-501, Arizona Revised Statutes, is amended to read: 

40 49-501. Unlawful open burning; exceptions; fine; definition

41 A. Notwithstanding the provisions of any other section of this 

42 article: ,

43 1. It is unlawful for any person to ignite, cause to be ignited, 

44 permit to be ignited, or suffer, allow, or maintain any open outdoor fire 

45 except as provided in this section. 
S.B. 1552 

 - 31 - 

1 2. FROM MAY 1 THROUGH SEPTEMBER 30 EACH YEAR, IT IS UNLAWFUL FOR ANY 

2 PERSON TO IGNITE, CAUSE TO BE IGNITED, PERMIT TO BE IGNITED OR SUFFER, ALLOW 

3 OR MAINTAIN ANY OPEN OUTDOOR FIRE IN AREA A AS DEFINED IN SECTION 49-541. 

4 C. B. The following fires are excepted from the provisions of this 

5 section: 

6 1. Fires used only for cooking of food or for providing warmth for 

7 human beings or for recreational purposes or the branding of animals or the 

8 use of orchard heaters for the purpose of frost protection in farming or 

9 nursery operations. 

10 2. Any fire set or permitted by any public officer in the performance 

11 of official duty, if such fire is set or permission given for the purpose of 

12 weed abatement, the prevention of a fire hazard, or instruction in the 

13 methods of fighting fires. 

14 3. Fires set by or permitted by the director of the department of 

15 agriculture or county agricultural agents of the county for the purpose of 

16 disease and pest prevention. 

17 4. Fires set by or permitted by the federal government or any of its 

18 departments, agencies or agents or the state or any of its agencies, 

19 departments or political subdivisions for the purpose of watershed 

20 rehabilitation or control through vegetative manipulation. 

21 5. Fires permitted by any rule or regulation issued pursuant to this 

22 article, by any conditional permit issued by a hearing board established 

23 under this article or by any rule or conditional permit issued pursuant to 

24 article 2 of this chapter when the department of environmental quality 

25 pursuant to section 49-402 has assumed jurisdiction of the county in which 

26 the fire is located. 

27 6. Fires set for the disposal of dangerous materials where there is no 

28 safe alternate method of disposal. 

29 D. C. Permission for the setting of any fire given by a public 

30 officer in the performance of official duty under subsection C B, paragraph 

31 2, 3 or 4 OF THIS SECTION shall be given in writing and a copy of the written 

32 permission shall be transmitted immediately to the director OF ENVIRONMENTAL 

33 QUALITY and the control officer of the county, district or region in which 

34 such fire is allowed. The setting of any such fire shall be conducted in a 

35 manner and at such time as approved by the control officer or the director OF 

36 ENVIRONMENTAL QUALITY, unless doing so would defeat the purpose of the 

37 exemption. 

38 E. D. Notwithstanding section 49-107, the director may delegate 

39 authority for the issuance of open burning permits to a county, city, town or 

40 fire district. A county, city, town or fire district that has been delegated 

41 authority for the issuance of open burning permits may assign the issuance of 

42 these permits to a private fire protection service provider that performs 

43 fire protection services within that county, city, town or fire district. 

44 Any private fire protection service provider that is authorized to issue open 

45 burning permits pursuant to this subsection shall maintain a copy of all 
S.B. 1552 

 - 32 - 

1 currently effective permits issued including a means of contacting the person 

2 authorized by the permit to set the fire in the event that an order to 

3 extinguish the open burning is issued. Permits issued pursuant to this 

4 subsection shall contain both of the following: 

5 1. Conditions that limit the manner and time of setting the fire and 

6 that are consistent with this section and rules adopted pursuant to this 

7 section. 

8 2. A provision that all burning be extinguished at the discretion of 

9 the director or the director's authorized representative during periods of 

10 inadequate atmospheric smoke dispersion, periods of excessive visibility 

11 impairment that could adversely affect public safety or periods when smoke is 

12 blown into populated areas so as to create a public nuisance. 

13 F. E. The director may issue a general permit to allow persons 

14 engaged in farming or ranching on forty acres or more in an unincorporated 

15 area to burn household waste, as defined in section 49-701, that is generated 

16 on site, if no household waste collection and disposal service is available. 

17 The general permit shall include the following: 

18 1. Conditions governing the method, manner and times for burning. 

19 2. Limitation on materials which may be burned, including a 

20 prohibition on burning of materials which generate noxious fumes. 

21 3. A requirement that any person seeking coverage under the general 

22 permit shall register with the director on a form prescribed by the director. 

23 Upon receipt of a registration form, the director shall notify the county in 

24 which the farm or ranch is located of such registration. 

25 4. A statement that the director, a local air pollution control 

26 officer, or any other public officer may order the extinguishment of burning 

27 or may prohibit burning during periods of inadequate smoke dispersion 

28 or excessive visibility impairment or at other times when public health or 

29 safety could be adversely affected. 

30 G. F. Nothing in this section is intended to permit any practice 

31 which is a violation of any statute, ordinance, rule or regulation in a 

32 county with a population in excess of one million two hundred thousand 

33 persons. according to the most recent United States decennial census.

34 NOTWITHSTANDING ANY OTHER LAW, SUCH A COUNTY SHALL PROHIBIT BY ORDINANCE THE 

35 USE OF WOOD BURNING CHIMINEAS, OUTDOOR FIRE PITS AND SIMILAR OUTDOOR FIRES ON 

36 THOSE DAYS FOR WHICH THE COUNTY HAS ISSUED A NO BURN DAY RESTRICTION. 

37 H. G. A person who violates any provision of this section may be 

38 served a notice of violation and be subject to the enforcement provisions of 

39 this article to the same extent as a person violating any rule or regulation 

40 adopted pursuant to this article, EXCEPT THAT A VIOLATION THAT LASTS NO MORE 

41 THAN TWENTY-FOUR HOURS AND THAT IS THE FIRST VIOLATION COMMITTED BY THAT 

42 PERSON IS SUBJECT TO A CIVIL PENALTY OF NO MORE THAN FIVE HUNDRED DOLLARS. 

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

44 exceed twenty-five dollars.
S.B. 1552 

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1 B. H. FOR THE PURPOSES OF THIS SECTION, "open outdoor fire", as used 

2 in this section, means any combustion of combustible material of any type 

3 outdoors, in the open where the products of combustion are not directed 

4 through a flue. FOR THE PURPOSES OF THIS SUBSECTION, "flue", as used in 

5 this subsection, means any duct or passage for air, gases or the like, such 

6 as a stack or chimney. 

7 Sec. 19. Section 49-542, Arizona Revised Statutes, as amended by Laws 

8 2007, chapter 171, section 5, is amended to read: 

9 49-542. Emissions inspection program; powers and duties of 

10 director; administration; periodic inspection; 

11 minimum standards and rules; exceptions; definition

12 A. The director shall administer a comprehensive annual or biennial 

13 emissions inspection program which shall require the inspection of vehicles 

14 in this state pursuant to this article and applicable administrative rules. 

15 Such inspection is required in area A and area B, for those vehicles owned by 

16 a person who is subject to section 15-1444 or 15-1627 and for those vehicles 

17 registered outside of area A or area B but used to commute to the driver's 

18 principal place of employment located within area A or area B. Inspection in 

19 other counties of the state shall commence upon application by a county board 

20 of supervisors for participation in such inspection program, subject to 

21 approval by the director. In all counties with a population of three hundred 

22 fifty thousand or fewer persons according to the most recent United States 

23 decennial census, except for the portion of counties that contain any portion 

24 of area A, the director shall as conditions dictate provide for testing to 

25 determine the effect of vehicle related pollution on ambient air quality in 

26 all communities with a metropolitan area population of twenty thousand 

27 persons or more according to the most recent United States decennial census. 

28 If such testing detects the violation of state ambient air quality standards 

29 by vehicle related pollution, the director shall forward a full report of 

30 such violation to the president of the senate, the speaker of the house of 

31 representatives and the governor. 

32 B. The state's annual or biennial emissions inspection program shall 

33 provide for vehicle inspections at official emissions inspection stations or 

34 at fleet emissions inspection stations. Each inspection station in area A 

35 shall employ at least one mechanic who is available during the station's 

36 hours of operation to provide technical advice and assistance for persons who 

37 fail the emissions test. The director may enter into agreements with the 

38 department of transportation or with county assessors for the use of official 

39 emissions inspection stations for the purpose of conducting vehicle 

40 registrations. An official or fleet emissions inspection station permit 

41 shall not be sold, assigned, transferred, conveyed or removed to another 

42 location except on such terms and conditions as the director may prescribe. 

43 C. Vehicles required to be inspected and registered in this state, 

44 except those provided for in section 49-546, shall be inspected, for the 

45 purpose of complying with the registration or reregistration requirement 
S.B. 1552 

 - 34 - 

1 pursuant to subsection D of this section, in accordance with the provisions 

2 of this article no more than ninety days prior to each reregistration 

3 expiration date. A vehicle may be submitted voluntarily for inspection more 

4 than ninety days before the reregistration expiration date on payment of the 

5 prescribed inspection fee. Such voluntary inspection shall not be considered 

6 as compliance with the registration or reregistration requirement pursuant to 

7 subsection D of this section. 

8 D. A vehicle shall not be registered or reregistered until such 

9 vehicle has passed the emissions inspection, and the tampering inspection 

10 prescribed in subsection G of this section AND THE LIQUID FUEL LEAK 

11 INSPECTION PRESCRIBED IN SUBSECTION Z OF THIS SECTION or has been issued a 

12 certificate of waiver. A certificate of waiver shall only be issued one time 

13 to a vehicle after January 1, 1997. If any vehicle to be registered or 

14 reregistered is being sold by a dealer licensed to sell motor vehicles 

15 pursuant to title 28, the cost of any inspection and any repairs necessary to 

16 pass the inspection shall be borne by the dealer. A dealer who is licensed 

17 to sell motor vehicles pursuant to title 28 and whose place of business is 

18 located in area A or area B shall not deliver any vehicle to the retail 

19 purchaser until the vehicle passes any inspection required by this article or 

20 the vehicle is exempt under subsection J of this section. 

21 E. On the registration or reregistration of a vehicle which has 

22 complied with the minimum emissions standards pursuant to this section or is 

23 otherwise exempt under this section, the registering officer shall issue an 

24 air quality compliance sticker to the registered owner which shall be placed 

25 on the vehicle as prescribed by rule adopted by the department of 

26 transportation or issue a modified year validating tab as prescribed by rule 

27 adopted by the department of transportation. Those persons who reside 

28 outside of area A or area B but who elect to test their vehicle or are 

29 required to test their vehicle pursuant to this section and who comply with 

30 the minimum emissions standards pursuant to this section or are otherwise 

31 exempt under this section shall remit a compliance form, as prescribed by the 

32 department of transportation, and proof of compliance issued at an official 

33 emissions inspection station to the department of transportation along with 

34 the appropriate fees. The department of transportation shall then issue the 

35 person an air quality compliance sticker which shall be placed on the vehicle 

36 as prescribed by rule adopted by the department of transportation. The 

37 registering officer or the department of transportation shall collect an air 

38 quality compliance fee of twenty-five cents. The registering officer or the 

39 department of transportation shall deposit, pursuant to sections 35-146 and 

40 35-147, the air quality compliance fee in the state highway fund established 

41 by section 28-6991. The department of transportation shall deposit, pursuant 

42 to sections 35-146 and 35-147, any emissions inspection fee in the emissions 

43 inspection fund. The provisions of this subsection do not apply to those 

44 vehicles registered pursuant to title 28, chapter 7, article 7 or 8, the sale 

45 of vehicles between motor vehicle dealers or vehicles leased to a person 
S.B. 1552 

 - 35 - 

1 residing outside of area A or area B by a leasing company whose place of 

2 business is in area A or area B. 

3 F. The director shall adopt minimum emissions standards pursuant to 

4 section 49-447 with which the various classes of vehicles shall be required 

5 to comply as follows: 

6 1. For the purpose of determining compliance with minimum emissions 

7 standards in area B: 

8 (a) A motor vehicle manufactured in or before the 1980 model year, 

9 other than a diesel powered vehicle, shall be required to take and pass the 

10 curb idle test condition. A diesel powered vehicle is subject to only a 

11 loaded test condition. The conditioning mode shall, at the option of the 

12 vehicle owner or owner's agent, be administered only after the vehicle has 

13 failed the curb idle test condition. Upon completion of such conditioning 

14 mode, a vehicle that has failed the curb idle test condition may be retested 

15 in the curb idle test condition. If the vehicle passes such retest, it shall 

16 be deemed in compliance with minimum emissions standards unless the vehicle 

17 fails the tampering inspection pursuant to subsection G of this section OR 

18 THE LIQUID LEAK FUEL INSPECTION PURSUANT TO SUBSECTION Z OF THIS SECTION. 

19 (b) A motor vehicle manufactured in or after the 1981 model year, 

20 other than a diesel powered vehicle, shall be required to take and pass the 

21 curb idle test condition and the loaded test condition or an onboard 

22 diagnostic check as may be required pursuant to title II of the clean air 

23 act. 

24 2. For purposes of determining compliance with minimum emissions 

25 standards and functional tests in area A: 

26 (a) Motor vehicles manufactured in or after model year 1981 with a 

27 gross vehicle weight rating of eighty-five hundred pounds or less, other than 

28 diesel powered vehicles, shall be required to take and pass a transient 

29 loaded emissions test or an onboard diagnostic check as may be required 

30 pursuant to title II of the clean air act. 

31 (b) Motor vehicles other than those prescribed by subdivision (a) of 

32 this paragraph and other than diesel powered vehicles shall be required to 

33 take and pass a steady state loaded test and a curb idle emissions test. 

34 (c) A diesel powered motor vehicle applying for registration or 

35 reregistration in area A shall be required to take and pass an annual 

36 emissions test conducted at an official emissions inspection station or a 

37 fleet emissions inspection station as follows: 

38 (i) A loaded, transient or any other form of test as provided for in 

39 rules adopted by the director for vehicles with a gross vehicle weight rating 

40 of eight thousand five hundred pounds or less. 

41 (ii) A test that conforms with the society for automotive engineers 

42 standard J1667 for vehicles with a gross vehicle weight rating of more than 

43 eight thousand five hundred pounds. 

44 (d) Motor vehicles by specific class or model year shall be required 

45 to take and pass any of the following tests: 
S.B. 1552 

 - 36 - 

1 (i) An evaporative system purge test. 

2 (ii) An evaporative system integrity test. 

3 (e) An onboard diagnostic check as may be required pursuant to title 

4 II of the clean air act. 

5 3. A motorcycle in area A or any constant four wheel drive vehicle 

6 shall be required to take and pass a curb idle emissions test or an onboard 

7 diagnostic check as required pursuant to title II of the clean air act. 

8 4. Fleet operators in area B must comply with this section, except 

9 that used vehicles sold by a motor vehicle dealer who is a fleet operator and 

10 who has been issued a permit under section 49-546 shall be tested as follows: 

11 (a) A motor vehicle manufactured in or before the 1980 model year 

12 shall take and pass only the curb idle test condition, except that a diesel 

13 powered vehicle is subject to only a loaded test condition. 

14 (b) A motor vehicle manufactured in or after the 1981 model year shall 

15 take and pass the curb idle test condition and a twenty-five hundred 

16 revolutions per minute unloaded test condition. 

17 5. Vehicles owned or operated by the United States, this state or a 

18 political subdivision of this state shall comply with this subsection without 

19 regard to whether those vehicles are required to be registered in this state, 

20 except that alternative fuel vehicles of a school district that is located in 

21 area A shall be required to take and pass the curb idle test condition and 

22 the loaded test condition. 

23 6. Fleet operators in area A shall comply with this section, except 

24 that used vehicles sold by a motor vehicle dealer who is a fleet operator and 

25 who has been issued a permit pursuant to section 49-546 for purposes of 

26 determining compliance with minimum emission standards in area A shall be 

27 tested as follows: 

28 (a) A motor vehicle manufactured in or before the 1980 model year 

29 shall take and pass the curb idle test condition, except that a diesel 

30 powered vehicle is subject to only a loaded test condition. 

31 (b) A motor vehicle manufactured in or after the 1981 model year shall 

32 take and pass the curb idle test condition and a two thousand five hundred 

33 revolutions per minute unloaded test condition. 

34 7. Beginning on January 1, 2004 and except for any registered owner or 

35 lessee of a fleet of less than twenty-five vehicles, a diesel powered motor 

36 vehicle with a gross vehicle weight of more than twenty-six thousand pounds 

37 and for which gross weight fees are paid pursuant to title 28, chapter 15, 

38 article 2 in area A shall not be allowed to operate in area A unless it was 

39 manufactured in or after the 1988 model year or is powered by an engine that 

40 is certified to meet or surpass emissions standards contained in 40 Code of 

41 Federal Regulations section 86.088-11. This paragraph does not apply to 

42 vehicles that are registered pursuant to title 28, chapter 7, article 7 or 8. 

43 8. Beginning on January 1, 2006 for any registered owner or lessee of 

44 a fleet of less than twenty-five vehicles, a diesel powered motor vehicle 

45 with a gross vehicle weight of more than twenty-six thousand pounds and for 
S.B. 1552 

 - 37 - 

1 which gross weight fees are paid pursuant to title 28, chapter 15, article 2 

2 in area A shall not be allowed to operate in area A unless it was 

3 manufactured in or after the 1988 model year or is powered by an engine that 

4 is certified to meet or surpass emissions standards contained in 40 Code of 

5 Federal Regulations section 86.088-11. This paragraph does not apply to 

6 vehicles that are registered pursuant to title 28, chapter 7, article 7 or 8. 

7 G. In addition to an emissions inspection, a vehicle is subject to a 

8 tampering inspection on at least a biennial basis if the vehicle was 

9 manufactured after the 1974 model year and the vehicle is not subject to a 

10 transient loaded emissions test or an onboard diagnostic check as required 

11 pursuant to title II of the clean air act. The director shall adopt vehicle 

12 configuration guidelines for the tampering inspection which shall be based on 

13 the original configuration of the vehicle when manufactured. The tampering 

14 inspection shall consist of the following: 

15 1. A visual check to determine the presence of properly installed 

16 catalytic converters. 

17 2. An examination to determine the presence of an operational air 

18 pump. 

19 3. In area A, if the vehicle was manufactured after the 1974 model 

20 year and is not subject to a transient loaded emissions test or an onboard 

21 diagnostic check as required pursuant to title II of the clean air act, a 

22 visual inspection for the presence or malfunction of the positive crankcase 

23 ventilation system and the evaporative control system. 

24 H. Vehicles required to be inspected shall undergo a functional test 

25 of the gas cap to determine if the cap holds pressure within limits 

26 prescribed by the director, except for any vehicle that is subject to an 

27 evaporative system integrity test. 

28 I. Motor vehicles failing the initial or subsequent test are not 

29 subject to a penalty fee for late registration renewal if the original 

30 testing was accomplished before the expiration date and if the registration 

31 renewal is received by the motor vehicle division or the county assessor 

32 within thirty days of the original test. 

33 J. The director may adopt rules for purposes of implementation, 

34 administration, regulation and enforcement of the provisions of this article 

35 including: 

36 1. The submission of records relating to the emissions inspection of 

37 vehicles inspected by another jurisdiction in accordance with another 

38 inspection law and the acceptance of such inspection for compliance with the 

39 provisions of this article. 

40 2. The exemption from inspection of: 

41 (a) A motor vehicle manufactured in or before the 1966 model year. 

42 (b) New vehicles originally registered at the time of initial retail 

43 sale and titling in this state pursuant to section 28-2153 or 28-2154. 

44 (c) Vehicles registered pursuant to title 28, chapter 7, article 7 

45 or 8. 
S.B. 1552 

 - 38 - 

1 (d) New vehicles before the sixth registration year after initial 

2 purchase or lease. 

3 (e) Vehicles which will not be available within the state during the 

4 ninety days prior to registration. 

5 (f) Golf carts. 

6 (g) Electrically-powered vehicles. 

7 (h) Vehicles with an engine displacement of less than ninety cubic 

8 centimeters. 

9 (i) The sale of vehicles between motor vehicle dealers. 

10 (j) Vehicles leased to a person residing outside of area A or area B 

11 by a leasing company whose place of business is in area A or area B. 

12 (k) Collectible vehicles. 

13 (l) Motorcycles in area B. 

14 3. Compiling and maintaining records of emissions test results after 

15 servicing. 

16 4. A procedure which shall allow the vehicle service and repair 

17 industry to compare the calibration accuracy of its emissions testing 

18 equipment with the department's calibration standards. 

19 5. Training requirements for automotive repair personnel using 

20 emissions measuring equipment whose calibration accuracy has been compared 

21 with the department's calibration standards. 

22 6. Any other rule which may be required to accomplish the provisions 

23 of this article. 

24 K. The director shall, after consultation with automobile 

25 manufacturers and the vehicle service and repair industry, establish by rule 

26 a definition of "low emissions tune-up" for motor vehicles subject to 

27 inspection under this article. The definition shall specify repair 

28 procedures which, when implemented, will reduce vehicle emissions. 

29 L. The director shall adopt rules which specify that the estimated 

30 retail cost of all recommended maintenance and repairs shall not exceed the 

31 amounts prescribed in this subsection, except that if a vehicle fails a 

32 tampering inspection there is no limit on the cost of recommended maintenance 

33 and repairs. The director shall issue a certificate of waiver for a vehicle 

34 which has failed reinspection, if the director has determined that all 

35 recommended maintenance and repairs have been performed. If, after 

36 reinspection, the director has determined that the vehicle is in compliance 

37 with minimum emissions standards or that all recommended maintenance and 

38 repairs for compliance with minimum emissions standards have been performed, 

39 but that tampering discovered at a tampering inspection has not been 

40 repaired, the director may issue a certificate of waiver if the owner of the 

41 vehicle provides to the director a written statement from an automobile parts 

42 or repair business that an emissions control device which is necessary to 

43 repair the tampering is not available and cannot be obtained from any usual 

44 source of supply before the vehicle's current registration expires. Rules 

45 adopted by the director for the purpose of establishing the estimated retail 
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1 cost of all recommended maintenance and repairs pursuant to this subsection 

2 shall specify that: 

3 1. In area A the cost shall not exceed: 

4 (a) Five hundred dollars for a diesel powered vehicle with a gross 

5 weight in excess of twenty-six thousand pounds. 

6 (b) Five hundred dollars for a diesel powered vehicle with tandem 

7 axles. 

8 (c) For a vehicle other than a diesel powered vehicle with a gross 

9 weight in excess of twenty-six thousand pounds and other than a diesel 

10 powered vehicle with tandem axles: 

11 (i) Two hundred dollars for such a vehicle manufactured in or before 

12 the 1974 model year. 

13 (ii) Three hundred dollars for such a vehicle manufactured in the 1975 

14 through 1979 model years. 

15 (iii) Four hundred fifty dollars for such a vehicle manufactured in or 

16 after the 1980 model year. 

17 2. In area B the cost shall not exceed: 

18 (a) Three hundred dollars for a diesel powered vehicle with a gross 

19 weight in excess of twenty-six thousand pounds. 

20 (b) Three hundred dollars for a diesel powered vehicle with tandem 

21 axles. 

22 3. For a vehicle other than a diesel powered vehicle with a gross 

23 weight in excess of twenty-six thousand pounds and other than a diesel 

24 powered vehicle with tandem axles: 

25 (a) Fifty dollars for such a vehicle manufactured in or before the 

26 1974 model year. 

27 (b) Two hundred dollars for such a vehicle manufactured in the 1975 

28 through 1979 model years. 

29 (c) Three hundred dollars for such a vehicle manufactured in or after 

30 the 1980 model year. 

31 M. Each person whose vehicle has failed an emissions inspection shall 

32 be provided a list of those general recommended tune-up procedures for 

33 vehicles which are designed to reduce vehicle emissions levels. The list 

34 shall include the following notice: "This test is the result of federal law. 

35 You may wish to contact your representative in the United States Congress." 

36 N. Notwithstanding any other provisions of this article, the director 

37 may adopt rules allowing exemptions from the requirement that all vehicles 

38 must meet the minimum standards for registration or reregistration. 

39 O. The director of environmental quality shall establish, in 

40 cooperation with the assistant director for the motor vehicle division of the 

41 department of transportation: 

42 1. An adequate method for identifying bona fide residents residing 

43 outside of area A or area B to ensure that such residents are exempt from 

44 compliance with the inspection program established by this article and rules 

45 adopted under this article. 
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1 2. A written notice that shall accompany the vehicle registration 

2 application forms that are sent to vehicle owners pursuant to section 28-2151 

3 and that shall accompany or be included as part of the vehicle emissions test 

4 results that are provided to vehicle owners at the time of the vehicle 

5 emissions test. This written notice shall describe at least the following: 

6 (a) The restriction of the waiver program to one time per vehicle and 

7 a brief description of the implications of this limit. 

8 (b) The availability and a brief description of the vehicle repair and 

9 retrofit program established pursuant to section 49-474.03. 

10 (c) Notice that many vehicles carry extended warranties for vehicle 

11 emissions systems, and those warranties are described in the vehicle's 

12 owner's manual or other literature. 

13 (d) A description of the catalytic converter replacement program 

14 established pursuant to section 49-474.03. 

15 P. Notwithstanding any other law, if area A or area B is reclassified 

16 as an attainment area, emissions testing conducted pursuant to this article 

17 shall continue for vehicles registered inside that reclassified area, 

18 vehicles owned by a person who is subject to section 15-1444 or 15-1627 and 

19 vehicles registered outside of that reclassified area but used to commute to 

20 the driver's principal place of employment located within that reclassified 

21 area. 

22 Q. A fleet operator who is issued a permit pursuant to section 49-546 

23 may electronically transmit emissions inspection data to the department of 

24 transportation pursuant to rules adopted by the director of the department of 

25 transportation in consultation with the director of environmental quality. 

26 R. The director shall prohibit a certificate of waiver pursuant to 

27 subsection L of this section for any vehicle which has failed inspection in 

28 area A due to the catalytic converter system. 

29 S. The director shall establish provisions for rapid testing of 

30 certain vehicles and to allow fleet operators, singly or in combination, to 

31 contract directly for vehicle emissions testing. 

32 T. Each vehicle emissions control station in area A shall have a sign 

33 posted to be visible to persons who are having their vehicles tested. This 

34 sign shall state that enhanced testing procedures are a direct result of 

35 federal law. 

36 U. The initial adoption of rules pursuant to this section shall be 

37 deemed emergency rules pursuant to section 41-1026. 

38 V. The director of environmental quality and the director of the 

39 department of transportation shall implement a system to exchange information 

40 relating to the waiver program, including information relating to vehicle 

41 emissions test results and vehicle registration information. 

42 W. Any person who sells a vehicle that has been issued a certificate 

43 of waiver pursuant to this section after January 1, 1997 and who knows that a 

44 certificate of waiver has been issued after January 1, 1997 for that vehicle 
S.B. 1552 

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1 shall disclose to the buyer before completion of the sale that a certificate 

2 of waiver has been issued for that vehicle. 

3 X. Vehicles that fail the emissions test at emission levels higher 

4 than twice the standard established for that vehicle class by the department 

5 pursuant to section 49-447 are not eligible for a certificate of waiver 

6 pursuant to this section unless the vehicle is repaired sufficiently to 

7 achieve an emissions level below twice the standard for that class of 

8 vehicle. 

9 Y. If an insurer notifies the department of transportation of the 

10 cancellation or nonrenewal of collectible vehicle or classic automobile 

11 insurance coverage for a collectible vehicle, the department of 

12 transportation shall cancel the registration of the vehicle and the vehicle's 

13 exemption from emissions testing pursuant to this section unless evidence of 

14 coverage is presented to the department of transportation within sixty days. 

15 Z. IN ADDITION TO AN EMISSIONS INSPECTION, A VEHICLE IS SUBJECT TO A 

16 LIQUID FUEL LEAK INSPECTION ON AT LEAST A BIENNIAL BASIS IF THE VEHICLE WAS 

17 MANUFACTURED AFTER THE 1974 MODEL YEAR AND IS NOT A DIESEL VEHICLE. THE 

18 DIRECTOR SHALL ADOPT RULES PRESCRIBING PROCEDURES AND STANDARDS FOR THE 

19 LIQUID FUEL LEAK INSPECTION. 

20 Z. AA. For the purposes of this section, "collectible vehicle" means 

21 a vehicle that complies with both of the following: 

22 1. Either: 

23 (a) Bears a model year date of original manufacture that is at least 

24 fifteen years old. 

25 (b) Is of unique or rare design, of limited production and an object 

26 of curiosity. 

27 2. Meets both of the following criteria: 

28 (a) Is maintained primarily for use in car club activities, 

29 exhibitions, parades or other functions of public interest or for a private 

30 collection and is used only infrequently for other purposes. 

31 (b) Has a collectible vehicle or classic automobile insurance coverage 

32 that restricts the collectible vehicle mileage or use, or both, and requires 

33 the owner to have another vehicle for personal use. 

34 Sec. 20. Interim rule making; publication

35 Notwithstanding title 41, chapter 6, article 3, Arizona Revised 

36 Statutes, the best management practices committee for regulated agricultural 

37 activities established under section 49-457, Arizona Revised Statutes, shall 

38 adopt the rules required by section 49-457, Arizona Revised Statutes, as 

39 amended by this act, as interim rules with an immediate effective date in 

40 compliance with section 41-1032, Arizona Revised Statutes, in order to comply 

41 with the December 31, 2007 deadline imposed by the United States 

42 environmental protection agency for failure to attain the national ambient 

43 air quality standard for PM-10 on or before December 31, 2006. The rules 

44 shall have an immediate effective date. Interim rules are exempt from title 

45 41, chapter 6, article 3, Arizona Revised Statutes, except that the committee 
S.B. 1552 

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1 shall submit the rules for publication and the secretary of state shall 

2 publish the rules in the Arizona administrative register. 

3 Sec. 21. Construction contracts with public entities; 

4 definition

5 A. If this state or an agency or political subdivision of this state 

6 is party to a construction contract executed before enactment of this act, 

7 the state, agency or political subdivision may agree to a contract amendment 

8 to provide for supplemental payments to reimburse the contractor for costs 

9 incurred solely and directly as a result of new dust control requirements 

10 imposed under this act if the following conditions are satisfied: 

11 1. The measures taken to comply with the new dust control requirements 

12 were necessary and appropriate. 

13 2. The measures taken to comply with the new dust control requirements 

14 were not necessary or appropriate to comply with dust control requirements or 

15 any other legal or contractual requirements in existence before enactment of 

16 this act. 

17 3. The contractor provides the state, agency or political subdivision 

18 with complete documentation for the costs for which supplemental payment is 

19 requested. 

20 4. The contractor did not expressly or impliedly assume the risk that 

21 additional costs would be incurred as a result of changes in dust control 

22 requirements. 

23 B. Any invitation to bid or request for proposals issued by this state 

24 or an agency or political subdivision of this state for a construction 

25 project in area A as defined in section 49-541, Arizona Revised Statutes, 

26 shall require that the offer address compliance with all dust control 

27 requirements applicable to the project. 

28 C. For the purposes of this section, "political subdivision" means an 

29 entity supported in whole or in part by tax revenues. 

30 Sec. 22. Delayed repeal

31 Section 21 of this act, relating to public contracts and dust control 

32 requirements, is repealed from and after September 30, 2009. 

33 Sec. 23. City and county particulate enforcement; report; joint 

34 legislative budget committee

35 A county and any city or town that is located in an area designated by 

36 the environmental protection agency as a serious PM-10 nonattainment area or 

37 a maintenance area that was designated as a serious PM-10 nonattainment area 

38 shall submit reports on particulate enforcement to the joint legislative 

39 budget committee on June 1 and December 1 in 2008 and 2009. The reports 

40 shall include the following information for each county, city and town: 

41 1. The number of notices of violation issued, fines or penalties 

42 assessed or other sanctions imposed for particulate violations. 

43 2. The number of inspectors or other enforcement personnel employed 

44 for purposes of enforcing statutes, rules or ordinances related to 

45 particulates. 
S.B. 1552 

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1 3. The number of miles of streets, roads, alleys, shoulders and vacant 

2 areas paved or otherwise stabilized. 

3 4. Any other information relevant to enforcement of particulate 

4 measures prescribed by this act. 

5 Sec. 24. State air quality study committee; members; duties; 

6 report

7 A. The state air quality study committee is established consisting of 

8 the following members: 

9 1. Five members of the senate who are appointed by the president of 

10 the senate, not more than three of whom are members of the same political 

11 party. The president of the senate shall designate one of these members to 

12 serve as cochairperson of the committee. 

13 2. Five members of the house of representatives who are appointed by 

14 the speaker of the house of representatives, not more than three of whom are 

15 members of the same political party. The speaker of the house of 

16 representatives shall designate one of these members to serve as 

17 cochairperson of the committee. 

18 B. The purpose of the committee is to examine and make recommendations 

19 for current and future compliance with primary national ambient air quality 

20 standards in this state. 

21 C. The committee shall: 

22 1. Review the implementation and enforcement of the particulate matter 

23 and ozone control measures for areas A and C prescribed in this act and 

24 adopted by the Maricopa association of governments and Maricopa county for 

25 area A. On request of the committee, the Maricopa association of governments 

26 shall provide a summary of the five per cent PM-10 reduction plan submitted 

27 to the United States environmental protection agency on or before December 

28 31, 2007. 

29 2. Examine the need to adopt additional particulate matter and ozone 

30 control measures in areas A and C to ensure compliance with national ambient 

31 air quality standards in areas A and C and any other federal requirements. 

32 3. Review the different types of motor fuel standards required by law 

33 in this state. 

34 4. Examine the need to adjust the different types of motor fuel 

35 standards in this state based on the following criteria: 

36 (a) Current and future compliance with primary national ambient air 

37 quality standards to protect public health. 

38 (b) Effect on supply of motor fuel into this state. 

39 (c) Effect on the price and costs of production and delivery of motor 

40 fuel to consumers. 

41 (d) Cost-effectiveness of motor fuel standard changes in comparison 

42 with other types of control measures. 

43 (e) Federal regulations on locally-specific motor fuel types. 

44 5. Review the vehicle emission inspection requirements in this state 

45 and examine the applicability of these requirements. 
S.B. 1552 

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1 6. Review and examine other air quality control measures, as the 

2 committee deems necessary, to ensure current and future compliance with 

3 primary national ambient air quality standards to protect public health, 

4 including vapor recovery system technologies and requirements. 

5 7. Make any recommendations on review and examination of the subjects 

6 prescribed in paragraphs 1 through 6 of this subsection. 

7 8. Submit a report of its findings and recommendations to the 

8 governor, the president of the senate and the speaker of the house of 

9 representatives on or before December 31, 2009 and submit copies of these 

10 reports to the secretary of state and the director of the Arizona state 

11 library, archives and public records. 

12 Sec. 25. Department of environmental quality; motor fuels 

13 emissions studies; recommendations

14 A. The department of environmental quality shall evaluate the 

15 coordinating research council study E-74b. The department of environmental 

16 quality shall receive comments evaluating the coordinating research council 

17 study E-74b from the department of weights and measures, any trade 

18 organizations representing automobile manufacturers, ethanol producers and 

19 marketers, petroleum refiners, suppliers, distributors and marketers, and 

20 other interested parties. 

21 B. The department of environmental quality and each of the entities 

22 submitting comments pursuant to subsection A of this section shall consider 

23 providing additional research and cooperating to design and conduct any 

24 additional studies. 

25 C. If funding is made available, and if the department of 

26 environmental quality in consultation with each of the entities submitting 

27 comments pursuant to subsection A of this section determines additional 

28 research is necessary, the department of environmental quality, in 

29 consultation with the department of weights and measures, shall develop and 

30 implement research that would complement and incorporate the coordinating 

31 research council study E-74b regarding Reid vapor pressure and oxygen content 

32 effects on emissions of 1994 model year and newer light duty vehicles. The 

33 research: 

34 1. May include federal test procedure testing of a sufficient number 

35 and variety of federal tier 1 and tier 2 standard vehicles to be 

36 representative of the current in-use light duty vehicle fleet. 

37 2. May include an emissions and air quality assessment of the impacts 

38 of changing the area A wintertime Reid vapor pressure standard to comply with 

39 American society for testing and materials Reid vapor pressure standards 

40 applicable to area A, including the wintertime Reid vapor pressure waiver for 

41 ethanol blends allowed by provisions of a waiver issued or other limits 

42 established by the United States environmental protection agency. 

43 3. May include an assessment of the emissions and air quality impacts 

44 of requiring ten per cent ethanol in tandem with any change in Reid vapor 

45 pressure, including an assessment of Reid vapor pressure being allowed to 
S.B. 1552 

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1 rise with no ethanol content and an assessment of fuel containing greater 

2 than twenty per cent ethanol content. 

3 4. Notwithstanding the receipt of the coordinating research council 

4 study E-74b, shall include: 

5 (a) An assessment of costs of production and delivery of gasoline and 

6 ethanol and an assessment of gasoline and ethanol supplies and logistics. 

7 (b) A statewide assessment of increasing flexibility under state 

8 standards for blending ethanol to include impacts on the environment, vehicle 

9 performance and costs to consumers. 

10 D. On or before February 15, 2008, the department of environmental 

11 quality shall submit its evaluation of the coordinating research council 

12 study E-74b and any comments received pursuant to subsection A of this 

13 section to the governor, the president of the senate and the speaker of the 

14 house of representatives for referral to the appropriate standing committees 

15 of the senate and the house of representatives. The department shall submit 

16 copies of the evaluation and comments to the secretary of state and the 

17 director of the Arizona state library, archives and public records. 

18 E. On or before September 1, 2008, the department of environmental 

19 quality shall submit a report of all of the findings and recommendations made 

20 pursuant to this section to the state air quality study committee established 

21 by this act and shall submit copies of these reports to the secretary of 

22 state and the director of the Arizona state library, archives and public 

23 records. 

24 Sec. 26. Delayed repeal

25 Section 24 of this act, relating to the state air quality study 

26 committee, and section 25 of this act, relating to motor fuels emissions 

27 studies, are repealed from and after December 31, 2009. 

28 Sec. 27. Conditional enactment

29 A. Section 41-2083, Arizona Revised Statutes, as amended by Laws 2007, 

30 chapter 145, section 2 and this act, is effective as prescribed in Laws 2005, 

31 chapter 104, section 7, subsection A, as amended by Laws 2007, chapter 145, 

32 section 4. 

33 B. Section 41-2124.01, Arizona Revised Statutes, as amended by section 

34 13 of this act, is not effective unless, on or before November 1, 2009, the 

35 conditions specified in Laws 2005, chapter 104, section 7, subsection B, as 

36 amended by Laws 2007, chapter 145, section 4, are satisfied.