Bill Text: AZ HB2799 | 2012 | Fiftieth Legislature 2nd Regular | Chaptered
Bill Title: Voluntary environmental stewardship program
Spectrum: Partisan Bill (Republican 5-0)
Status: (Passed) 2012-04-03 - Governor Signed [HB2799 Detail]
Download: Arizona-2012-HB2799-Chaptered.html
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House Engrossed |
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State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012
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CHAPTER 169
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HOUSE BILL 2799 |
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AN ACT
amending title 49, chapter 1, Arizona Revised Statutes, by adding article 7; relating to the voluntary ENVIRONMENTAL stewardship PROGRAM.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 49, chapter 1, Arizona Revised Statutes, is amended by adding article 7, to read:
ARTICLE 7. VOLUNTARY ENVIRONMENTAL STEWARDSHIP PROGRAM
49‑192. Definitions
In this article, unless the context otherwise requires:
1. "Environmental laws" means this title and any rules, permits and orders that are adopted or issued pursuant to this title.
2. "Environmental management system" means a set of documented processes and practices that enable an organization to reduce its environmental impacts and increase its operating efficiency by continuously improving its environmental performance.
3. "Environmental performance" means the effect of a facility or activity on air, water, land, natural resources or human health and the generation of waste by a facility or activity.
4. "Organization" means a company, corporation, political subdivision, firm, enterprise or institution, or any part or combination, whether incorporated or not, public or private, that has its own functions and administration. For organizations with more than one operating unit, a single operating unit may be defined as an organization.
49‑192.01. Voluntary environmental stewardship program; minimum qualifications
A. The director shall develop, implement and administer a voluntary environmental stewardship program. The voluntary environmental stewardship program shall provide recognition for those organizations with a history of preventing environmental law violations and incentives for organizations going above and beyond environmental law requirements. The program shall include tiers commensurate and appropriate to the environmental impacts of an organization's facilities, activities, products or services, and be based on an organization’s level of commitment to the program.
B. The director may adopt rules to implement this article.
C. Participation in the voluntary environmental stewardship program by any organization is voluntary. The department shall approve an organization's membership in the program and shall review the organization's membership at least once every three years. Membership shall be based on the organization's commitment to:
1. Sustained compliance with environmental laws and history of compliance with environmental laws.
2. Develop, implement and maintain an environmental management system.
3. Going above and beyond the requirements of environmental laws.
4. Pollution prevention and improving its environmental performance.
5. Reporting to the department on its environmental performance annually.
D. Notwithstanding any other law, membership in the voluntary environmental stewardship program does not constitute a license under title 41, chapter 6, and the denial or approval of membership does not constitute an appealable action or an action against the party under title 41, chapter 6, article 10.
Sec. 2. Stakeholder process; establishment of polices, guidelines and rules for voluntary environmental stewardship program
The Arizona department of environmental quality shall conduct a stakeholder process before developing any policies, guidelines or rules for the implementation of the voluntary environmental stewardship program established pursuant to section 49‑192.01, Arizona Revised Statutes, as added by this act. The stakeholders shall at a minimum include representation from the legislature, current members of Arizona's environmental performance track program, persons who are regulated by the department of environmental quality, local governments and environmental advocacy groups.
APPROVED BY THE GOVERNOR APRIL 3, 2012.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 3, 2012.
