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 concept not currently included in the law. This change would facilitate agreements that involve substantial funding or resources for remediation efforts and require prospective remediators to demonstrate their technical and financial capabilities. Additionally, the bill would exempt these remediators from liability for hazardous substance releases that occurred before their agreements, provided they meet their obligations.

Moreover, the bill would modify existing definitions, replacing "prospective purchaser" with "prospective remediator" to broaden eligibility for agreements, and it would clarify the definition of "hazardous substance" by excluding petroleum in certain cases. It also introduces new requirements for notifying ADEQ about property transfers, allows the department to charge fees for agreement preparations, and mandates public notice and comment on these agreements. Overall, these updates aim to streamline the remediation process and provide legal protections for those investing in the cleanup of contaminated sites.

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