The proposed bill would amend 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
law. This change aims to facilitate agreements that include substantial funding or resources for remediation efforts, thereby broadening the scope of potential agreements beyond just prospective purchasers. Additionally, the bill establishes new requirements for prospective remediators to demonstrate their technical and financial capabilities and ensures they are not liable for existing hazardous substance releases if they fulfill their obligations.
Furthermore, the bill updates definitions and modifies existing terms, such as replacing "prospective purchaser" with "prospective remediator," which expands eligibility for agreements with ADEQ. It clarifies the conditions for written releases and covenants not to sue, ensuring that prospective remediators are subject to similar standards as prospective purchasers. The bill also enhances procedural aspects, including public notice and comment requirements for agreements and consent decrees, thereby promoting transparency and public engagement in the environmental remediation process.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