The proposed bill would update current statutes by introducing new provisions that allow the Arizona Department of Environmental Quality (ADEQ) to issue written releases and covenants not to sue to prospective remediators of contaminated sites, a capability not currently available under existing law. It would also enable ADEQ to enter into agreements with these remediators that include commitments for substantial funding or resources for remedial actions, thereby broadening the scope of agreements beyond those currently permitted for prospective purchasers of facilities. Additionally, the bill would establish new requirements for prospective remediators, such as demonstrating their technical and financial capabilities, and would provide them with liability protections for hazardous substance releases existing at the time of the agreement, contingent upon their compliance with obligations.

Moreover, the bill would introduce new definitions, such as "prospective remediator" and "prospective remediator agreement," while modifying the definition of "hazardous substance" to exclude petroleum, except for certain constituents. It would also expand the definition of "remedial actions" to encompass specific bioremediation techniques and community engagement costs. The bill aims to streamline the remediation process by removing outdated language, specifying the director's role in assessing prospective remediators, emphasizing the need for written notice regarding property transfers, and allowing for the assignment of agreements under certain conditions. Overall, these updates are designed to enhance the framework for environmental remediation and clarify the responsibilities and protections for parties involved in cleanup efforts.

Statutes affected:
Introduced Version: 49-281, 49-282, 49-285.01, 49-289.03, 49-292, 49-292.01, 49-292.02, 49-287.01, 49-282.06, 49-201, 49-1001, 49-283.02, 49-282.05, 49-285, 49-287.06, 49-287.07, 49-287.02, 49-225, 45-605, 49-282.04, 30-651, 30-656, 49-287.04, 3-272, 3-351, 42-5302, 45-616, 49-209, 49-929, 49-930, 42-5029, 43-206, 45-618, 35-190, 49-282.02, 49-282.03, 35-111, 49-151, 49-152, 49-287.03
House Engrossed Version: 49-281, 49-282, 49-285.01, 49-289.03, 49-292, 49-292.01, 49-292.02, 49-287.01, 49-282.06, 49-201, 49-1001, 49-283.02, 49-282.05, 49-285, 49-287.06, 49-287.07, 49-287.02, 49-225, 45-605, 49-282.04, 30-651, 30-656, 49-287.04, 3-272, 3-351, 42-5302, 45-616, 49-209, 49-929, 49-930, 42-5029, 43-206, 45-618, 35-190, 49-282.02, 49-282.03, 35-111, 49-151, 49-152, 49-287.03
Chaptered Version: 49-281, 49-282, 49-285.01, 49-289.03, 49-292, 49-292.01, 49-292.02, 49-287.01, 49-282.06, 49-201, 49-1001, 49-283.02, 49-282.05, 49-285, 49-287.06, 49-287.07, 49-287.02, 49-225, 45-605, 49-282.04, 30-651, 30-656, 49-287.04, 3-272, 3-351, 42-5302, 45-616, 49-209, 49-929, 49-930, 42-5029, 43-206, 45-618, 35-190, 49-282.02, 49-282.03, 35-111, 49-151, 49-152, 49-287.03