Bill Text: AZ SB1062 | 2015 | Fifty-second Legislature 1st Regular | Engrossed
Bill Title: Drug laboratory remediation; transfer
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2015-03-19 - Referred to House RULES Committee [SB1062 Detail]
Download: Arizona-2015-SB1062-Engrossed.html
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Senate Engrossed |
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State of Arizona Senate Fifty-second Legislature First Regular Session 2015
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SENATE BILL 1062 |
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AN ACT
amending sections 12-116.08, 12-990, 12-1000, 32-101, 32-106 and 32-109, Arizona Revised Statutes; repealing sections 32-112, 32-122.03, 32-122.04 and 32-131, Arizona Revised Statutes; amending section 32-141, Arizona Revised Statutes; amending title 49, chapter 1, Arizona Revised Statutes, by adding article 4.1; amending sections 49-218 and 49-927, Arizona Revised Statutes; making an appropriation; relating to drug laboratory remediation.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 12-116.08, Arizona Revised Statutes, is amended to read:
12-116.08. Assessment for drug offenses
In addition to any other penalty prescribed by law, the court shall order a person who is convicted of a violation of title 13, chapter 34 to pay an additional assessment of fifteen dollars. This assessment is not subject to any surcharge. The court shall transmit the monies received pursuant to this section to the county treasurer. The county treasurer shall transmit the monies received to the state treasurer. The state treasurer shall deposit the monies received in the technical registration fund established by section 32‑109 hazardous waste management fund established by section 49‑927.
Sec. 2. Section 12-990, Arizona Revised Statutes, is amended to read:
12-990. Definitions
In this article, unless the context otherwise requires:
1. "Clandestine drug laboratory" means real property on which methamphetamine, ecstasy or LSD is being manufactured or where a person is arrested for having on any real property chemicals or equipment used in manufacturing methamphetamine, ecstasy or LSD. In the case of a space rental mobile home or recreational vehicle park, clandestine drug laboratory means the mobile home or recreational vehicle in which methamphetamine, ecstasy or LSD is being manufactured or where a person is arrested for having in the mobile home or recreational vehicle chemicals or equipment used in manufacturing methamphetamine, ecstasy or LSD.
2. "Drug laboratory site remediation firm" means a firm that is certified by the state board of technical registration department of environment quality pursuant to title 32 , chapter 1 49 and that performs remediation of residual contamination from the manufacture of methamphetamine, ecstasy or LSD or the storage of chemicals or equipment used in manufacturing methamphetamine, ecstasy or LSD.
3. "Ecstasy" has the same meaning prescribed in section 13‑3401, paragraph 6 and includes any of the precursor chemicals, regulated chemicals, other substances or equipment used in the unlawful manufacture of the dangerous drug.
4. "Gross contamination" means the chemicals, equipment and other items that are found in a clandestine drug laboratory and that are removed by a law enforcement agency or other agency.
5. "LSD" has the same meaning prescribed in section 13‑3401, paragraph 6 and includes any of the precursor chemicals, regulated chemicals, other substances or equipment used in the unlawful manufacture of the dangerous drug.
6. "Methamphetamine" has the same meaning prescribed in section 13‑3401, paragraph 6 and includes any of the precursor chemicals, regulated chemicals, other substances or equipment used in the unlawful manufacture of the dangerous drug.
7. "Real property" includes the area within a structure and, except in a mobile home park or a recreational vehicle park, the area that surrounds a structure and that is within the land boundary or property lines of any of the following:
(a) Property that is used primarily for residential or commercial purposes.
(b) Property that is governed by the Arizona residential landlord and tenant act as prescribed by title 33, chapter 10.
8. "Residually contaminated portion of the real property" means the structure or unit where gross contamination was removed and the area of any adjacent structure, unit or land where visible evidence of residual contamination is observed by a peace officer, including any of the following:
(a) If gross contamination is removed from a house, mobile home or recreational vehicle and the notice of removal is posted for the entire house, mobile home or recreational vehicle, the entire house, mobile home or recreational vehicle, not just the room or rooms in which the gross contamination is found.
(b) If gross contamination is removed from a detached shed or garage, the other structures on the land are not affected and the notice of removal is posted only for the detached shed or garage, the detached shed or garage unless visible evidence of residual contamination is found in any of the other structures.
(c) If gross contamination is removed from a hotel, motel room or apartment unit, or any commercial unit in a multiunit structure, the adjacent rooms are not affected and the notice of removal is posted only for the contaminated room or unit, the contaminated room or unit unless visible evidence of residual contamination is found in an adjacent room or unit.
Sec. 3. Section 12-1000, Arizona Revised Statutes, is amended to read:
12-1000. Clandestine drug laboratories; notice; cleanup; residual contamination; civil penalty; immunity; restitution; violation; classification
A. If a peace officer discovers a clandestine drug laboratory or arrests a person for having on any real property chemicals or equipment used in manufacturing methamphetamine, ecstasy or LSD or a derivative of methamphetamine, ecstasy or LSD, the peace officer:
1. At the time of the discovery or arrest, shall deliver a copy of the notice of removal pursuant to subsection B of this section to the owner of the real property if the owner is on the site at the time of delivery, the on‑site manager if the manager is on the site at the time of delivery or the on‑site drop box if available. In the case of a tenant‑owned unit in a space rental mobile home or recreational vehicle park, the officer shall deliver a copy of the notice of removal to the occupant of the unit if the occupant is on site at the time of delivery and to the on‑site park landlord if the park landlord is on site at the time of delivery.
2. Within two business days after the discovery or arrest, shall send the notice of removal by certified mail to the owner of the real property and the owner's on‑site manager or, in the case of a space rental mobile home or recreational vehicle park, to the owner of the mobile home or recreational vehicle, if applicable, and to the park landlord. These persons are deemed to receive the notice of removal five days after the notice is mailed. The notice shall be sent to the following:
(a) The owner's address on file with the county assessor. The county shall waive any fee or charge for the owner's address information.
(b) The county health department.
(c) The appropriate local fire department.
(d) The state board of technical registration.
(d) The department of environmental quality.
3. After a law enforcement or other agency removes the gross contamination on the real property, shall order the removal of all persons from the residually contaminated portion of the real property or dwelling unit, if applicable, or, in the case of a space rental mobile home or recreational vehicle park, from the unit located on the real property.
4. After the peace officer removes all persons pursuant to paragraph 3 of this subsection, shall affix the notice of removal in a conspicuous place on the real property or, in the case of a space rental mobile home or recreational vehicle park, on the unit located on the real property. The notice of removal shall state that it is unlawful for any person other than the owner, landlord or manager to enter the residually contaminated portion of the property until the owner remediates the residually contaminated portion of the property. The owner shall not knowingly allow the posted notice of removal to be disturbed.
B. The notice of removal shall be in writing and shall contain all of the following:
1. The word "warning" in large bold type at the top and bottom of the notice.
2. A statement that a clandestine drug laboratory was seized or a person was arrested on the real property for having chemicals or equipment used in the manufacturing of methamphetamine, ecstasy or LSD on the real property.
3. The date of the seizure or arrest.
4. The address or location of the real property, including the identification of any dwelling unit, room number, apartment number, commercial unit or vehicle number.
5. The name of the law enforcement agency or other agency that seized the clandestine drug laboratory or made the arrest and the agency's contact telephone number.
6. A statement that hazardous substances, toxic chemicals or other waste products may still be present on the real property or, in the case of a space rental mobile home or recreational vehicle park, in the unit located on the real property.
7. A statement that it is unlawful for any unauthorized person to enter the residually contaminated portion of the real property or, in the case of a space rental mobile home or recreational vehicle park, the unit located on the real property, until the owner, landlord or manager establishes that the portion of the real property noticed as residually contaminated has been remediated by a drug laboratory site remediation firm.
8. A statement that the owner of real property who knowingly allows the notice of removal posted on the real property to be disturbed is subject to:
(a) A civil penalty the first time the notice of removal posted on the real property is disturbed.
(b) A class 5 felony a second or subsequent time the notice of removal posted on the real property is disturbed.
9. A statement that it is a class 5 felony for a person other than the owner to disturb the notice of removal posted on the real property.
10. A statement that the owner of the real property shall remediate the residually contaminated portion of the property in compliance with subsection C of this section.
11. A statement that if an owner fails to provide any notice required by this section, the owner is subject to a civil penalty or criminal prosecution, or both, and a buyer, tenant or customer may void a purchase contract, rental agreement or other agreement.
C. The owner of the real property shall remediate the residually contaminated portion of the real property within twelve months after the date of notice of removal by retaining a registered drug laboratory site remediation firm that is certified pursuant to title 32 49, chapter 1. If the owner of the real property fails to remediate the property under this subsection, a county or city in this state may remediate the property using a registered remediation firm contracted by any county or city in this state with the cost of remediation passed on to the property owner in the form of a lien on the property title.
D. If a county, city or town remediates real property pursuant to subsection C of this section, the county, city or town may apply to the technical registration fund established by section 32‑109 for remediation monies. After the real property is remediated, the board of technical registration shall place a lien on the property with the intent to replenish the monies on the sale of the property.
E. D. A drug laboratory site remediation firm that remediates the residually contaminated portion of any real property pursuant to this section shall comply with the requirements established and the best practices and standards for remediation of residual contamination adopted by the state board of technical registration pursuant to title 32, chapter 1 department of environmental quality. When remediation is complete, the drug laboratory site remediation firm shall remove the posted notice and shall issue a document stating that the residually contaminated portion of the real property has been remediated. Within twenty‑four hours after the remediation is complete, the drug laboratory site remediation firm shall deliver the document or send the document by certified mail to each person and entity listed in subsection A, paragraph 2 of this section and the law enforcement agency that issued the notice under that subsection. After the document has been issued, both of the following apply:
1. The owner, landlord or manager of the real property is not required to comply with subsection H G of this section.
2. Any person may use, enter, occupy, rent or sell the real property.
F. E. The state board of technical registration department of environmental quality shall maintain and make available on request any public documents that are received pursuant to subsection E D of this section.
G. F. If the state board of technical registration department of environmental quality conducts an investigation and determines that the posted notice of removal is missing, the state board of technical registration department of environmental quality may repost the site. If the state board of technical registration department of environmental quality determines that this is the first occurrence in which the real property owner has knowingly allowed the posted notice of removal to be disturbed, the state board of technical registration department of environmental quality may impose a civil penalty of not more than two thousand dollars per violation. If the state board of technical registration department of environmental quality conducts subsequent investigations and determines that the posted notice of removal is missing, the real property owner may be subject to criminal prosecution pursuant to subsection L K of this section.
H. G. The following notice requirements apply until the remediation is complete as provided in subsection E D of this section:
1. Within five days after a buyer signs a contract to purchase the real property, the owner shall notify the buyer in writing that methamphetamine, ecstasy or LSD was manufactured on the real property or that an arrest was made pursuant to this section. The buyer shall acknowledge receipt of the notice. A buyer may cancel the real estate purchase contract within five days after receiving the notice. An owner who does not comply with this paragraph is subject to criminal prosecution for failure to disclose.
2. The owner shall notify a buyer in writing within five days after signing a purchase contract. The notification shall state that methamphetamine, ecstasy or LSD was manufactured in the mobile home or recreational vehicle or that an arrest was made pursuant to this section. The buyer shall acknowledge receipt of the notice before taking possession of the mobile home or recreational vehicle. A buyer may cancel the purchase contract within five days after receiving the notice. An owner who does not comply with this paragraph is subject to criminal prosecution for failure to disclose.
3. If a mobile home or recreational vehicle in a space rental park contains a clandestine drug laboratory, the landlord, on receipt of a notice pursuant to this section, shall notify the lienholder of record and the owner of record of the unit to remove it from the park within thirty days pursuant to rules adopted by the state board of technical registration department of environmental quality. If the unit is not removed within thirty days, the landlord may remove or demolish the unit pursuant to rules adopted by the state board of technical registration department of environmental quality and dispose of it in an authorized manner and shall notify the department of transportation and the state board of technical registration department of environmental quality of the demolition. A landlord that complies with this subsection is not liable for such action.
I. H. A state or local government and a state or local government's employees or authorized representatives are not responsible parties as prescribed by section 49‑283 and are not liable for costs or damages incurred as a result of action taken in compliance with this section. This subsection does not preclude liability for costs or damages that result from gross negligence or intentional misconduct by a state or local government. For the purposes of this subsection, "gross negligence" means reckless, wilful or wanton misconduct.
J. I. A person who operates a clandestine drug laboratory and who is not the owner of the real property shall pay restitution to the owner of the real property for all costs that the owner incurred to remediate the property.
K. J. A real property owner is guilty of a class 4 felony if the owner knowingly allows a child or vulnerable adult, as defined in section 13‑3623, to enter or occupy the real property.
L. K. It is a class 5 felony for a person to knowingly do any of the following:
1. Occupy real property that is not remediated except to perform necessary managerial duties or lawfully conduct remediation.
2. Sell any items from the residually contaminated portion of the real property, mobile home, recreational vehicle or dwelling unit before remediation.
3. If the person is not the real property owner, disturb or remove the notice of removal posted on the real property.
4. If the person is the real property owner:
(a) Allow a posted notice of removal to be disturbed on the real property after a civil penalty was imposed against the person pursuant to subsection G F of this section.
(b) Fail to notify a buyer as prescribed in subsection H G of this section.
(c) Contract with a person who is not a drug laboratory site remediation firm to attempt a cleanup of the residually contaminated portion of the real property or dwelling unit.
5. Lease or rent real property before remediation is complete.
6. Remove a mobile home as defined in section 33‑1409 or a recreational vehicle as defined in section 33‑2102 from the real property before authorization from the state board of technical registration department of environmental quality.
M. L. Subsection L K of this section does not apply to peace officers or employees of the state board of technical registration department of environmental quality who are lawfully performing their duties.
Sec. 4. Section 32-101, Arizona Revised Statutes, is amended to read:
32-101. Purpose; definitions
A. The purpose of this chapter is to provide for the safety, health and welfare of the public through the promulgation and enforcement of standards of qualification for those individuals who are registered or certified and seeking registration or certification pursuant to this chapter.
B. In this chapter, unless the context otherwise requires:
1. "Advertising" includes business cards, signs or letterhead provided by a person to the public.
2. "Alarm" or "alarm system":
(a) Means any mechanical or electrical device that is designed to emit an audible alarm or transmit a signal or message if activated and that is used to detect an unauthorized entry into a building or other facility or alert other persons of the occurrence of a medical emergency or the commission of an unlawful act against a person or in a building or other facility.
(b) Includes a silent, panic, holdup, robbery, duress, burglary, medical alert or proprietor alarm that requires emergency personnel to respond.
(c) Does not include a telephone call diverter or a system that is designed to report environmental and other occurrences and that is not designed or used to alert or cause other persons to alert public safety personnel.
3. "Alarm agent":
(a) Means a person, whether an employee, an independent contractor or otherwise, who acts on behalf of an alarm business and who tests, maintains, services, repairs, sells, rents, leases or installs alarm systems.
(b) Does not include any action by a person that:
(i) Is performed in connection with an alarm system located on the person's own property or the property of the person's employer.
(ii) Is acting on behalf of an alarm business whose work duties do not include visiting the location where an alarm system installation occurs.
4. "Alarm business":
(a) Means any person who, either alone or through a third party, engages in the business of either of the following:
(i) Providing alarm monitoring services.
(ii) Selling, leasing, renting, maintaining, repairing or installing a nonproprietor alarm system or service.
(b) Does not include any of the following:
(i) A person or company that purchases, rents or uses an alarm that is affixed to a motor vehicle.
(ii) A person who owns or conducts a business of selling, leasing, renting, installing, maintaining or monitoring an alarm that is affixed to a motor vehicle.
(iii) A person who installs a nonmonitored proprietor alarm for a business that the person owns, is employed by or manages.
(iv) The installation or monitoring of fire alarm systems.
(v) An alarm system that is operated by a city or town.
5. "Alarm subscriber" means any person who:
(a) Leases, rents or purchases any monitored alarm system or service from an alarm business.
(b) Leases or rents an alarm system.
(c) Contracts with an alarm business for alarm monitoring, installation, repair or maintenance services.
6. "Architect" means a person who, by reason of knowledge of the mathematical and physical sciences and the principles of architecture and architectural engineering acquired by professional education and practical experience, is qualified to engage in the practice of architecture as attested by registration as an architect.
7. "Architect‑in‑training" means a candidate for registration as a professional architect who is a graduate of a school approved by the board or who has five years or more of education or experience, or both, in architectural work which that meets standards specified by the board in its rules. In addition, the candidate shall have passed the architect‑in‑training examination.
8. "Architectural practice" means any professional service or creative work requiring architectural education, training and experience, and the application of the mathematical and physical sciences and the principles of architecture and architectural engineering to such professional services or creative work as consultation, evaluation, design and review of construction for conformance with contract documents and design, in connection with any building, planning or site development. A person shall be deemed to practice or offer to practice architecture who in any manner represents that the person is an architect, or is able to perform any architectural service or other services recognized by educational authorities as architecture.
9. "Assayer" means a person who analyzes metals, ores, minerals, or alloys in order to ascertain the quantity of gold or silver or any other substance present in them. A person employed on a full‑time basis as an assayer by an employer engaged in the business of developing, mining or treating ores or other minerals shall not be deemed to be engaged in assaying practice for the purposes of this chapter if the person engages in assaying practice exclusively for and as an employee of such employer and does not represent that the person is available and is not represented as being available to perform any assaying services for anyone other than the person's employer.
10. "Assayer‑in‑training" means a candidate for registration as a professional assayer who is a graduate of a school and curriculum approved by the board or who has four years or more of education or experience, or both, in assaying work which that meets standards specified by the board in its rules. In addition, the candidate shall have passed the assayer‑in‑training examination.
11. "Assaying practice" means any professional service or work requiring assaying education, training and experience and the application of special knowledge of the mineral sciences to such service or work as consultation and the evaluation of minerals. A person is deemed to practice or offer to practice assaying who in any manner represents that the person is an assayer or is able to perform any assaying service or other services recognized by educational authorities as assaying.
12. "Board" means the state board of technical registration.
13. "Certified remediation specialist" means a person who has been certified by the board to perform, supervise and review environmental remediations if the use of a certified remediation specialist is specifically authorized by title 49 and rules adopted pursuant to title 49.
14. 13. "Controlling person":
(a) Means a person who is designated by an alarm business.
(b) Does not include an alarm agent.
15. "Drug laboratory site remediation firm" means a firm that is licensed by the registrar of contractors pursuant to chapter 10 of this title and that performs remediation of residual contamination from the manufacture of methamphetamine, ecstasy or LSD or the storage of chemicals or equipment used in manufacturing methamphetamine, ecstasy or LSD. For the purposes of this paragraph:
(a) "Ecstasy" has the same meaning prescribed in section 13‑3401, paragraph 6 and includes any of the precursor chemicals, regulated chemicals, other substances or equipment used in the unlawful manufacture of the dangerous drug.
(b) "LSD" has the same meaning prescribed in section 13‑3401, paragraph 6 and includes any of the precursor chemicals, regulated chemicals, other substances or equipment used in the unlawful manufacture of the dangerous drug.
(c) "Methamphetamine" has the same meaning prescribed in section 13‑3401, paragraph 6 and includes any of the precursor chemicals, regulated chemicals, other substances or equipment used in the unlawful manufacture of the dangerous drug.
16. 14. "Engineer" means a person who, by reason of special knowledge of the mathematical and physical sciences and the principles and methods of engineering analysis and design acquired by professional education and practical experience, is qualified to practice engineering as attested by registration as a professional engineer.
17. 15. "Engineering practice" means any professional service or creative work requiring engineering education, training and experience and the application of special knowledge of the mathematical, physical and engineering sciences to such professional services or creative work as consultation, research investigation, evaluation, planning, surveying as defined in paragraph 27 25, subdivisions (d) and (e) of this subsection, design, location, development, and review of construction for conformance with contract documents and design, in connection with any public or private utility, structure, building, machine, equipment, process, work or project. Such services and work include plans and designs relating to the location, development, mining and treatment of ore and other minerals. A person shall be deemed to be practicing or offering to practice engineering if the person practices any branch of the profession of engineering, or by verbal claim, sign, advertisement, letterhead, card or any other manner represents that the person is a professional engineer, or is able to perform or does perform any engineering service or other service recognized by educational authorities as engineering. A person employed on a full‑time basis as an engineer by an employer engaged in the business of developing, mining and treating ores and other minerals shall not be deemed to be practicing engineering for the purposes of this chapter if the person engages in the practice of engineering exclusively for and as an employee of such employer and does not represent that the person is available and is not represented as being available to perform any engineering services for persons other than the person's employer.
18. 16. "Engineer‑in‑training" means a candidate for registration as a professional engineer who is a graduate in an approved engineering curriculum of four years or more of a school approved by the board or who has had four years or more of education or experience, or both, in engineering work which that meets standards specified by the board in its rules. In addition, the candidate shall have passed the engineer‑in‑training examination.
19. 17. "Firm" means any individual or partnership, corporation or other type of association, including the association of a nonregistrant and a registrant who offers to the public professional services regulated by the board.
20. 18. "Geological practice" means any professional service or work requiring geological education, training and experience, and the application of special knowledge of the earth sciences to such professional services as consultation, evaluation of mining properties, petroleum properties and groundwater resources, professional supervision of exploration for mineral natural resources including metallic and nonmetallic ores, petroleum and groundwater, and the geological phases of engineering investigations.
21. 19. "Geologist" means a person, not of necessity an engineer, who by reason of special knowledge of the earth sciences and the principles and methods of search for and appraisal of mineral or other natural resources acquired by professional education and practical experience is qualified to practice geology as attested by registration as a professional geologist. A person employed on a full‑time basis as a geologist by an employer engaged in the business of developing, mining or treating ores and other minerals shall not be deemed to be engaged in geological practice for the purposes of this chapter if the person engages in geological practice exclusively for and as an employee of such employer and does not represent that the person is available and is not represented as being available to perform any geological services for persons other than the person's employer.
22. 20. "Geologist‑in‑training" means a candidate for registration as a professional geologist who is a graduate of a school approved by the board or who has had four years or more of education or experience, or both, in geological work which that meets standards specified by the board in its rules. In addition, the candidate shall have passed the geologist‑in‑training examination.
23. 21. "Home inspection" means a visual analysis for the purposes of providing a professional opinion of the building, any reasonably accessible installed components and the operation of the building's systems, including the controls normally operated by the owner, for the following components of a residential building of four units or less:
(a) Heating system.
(b) Cooling system.
(c) Plumbing system.
(d) Electrical system.
(e) Structural components.
(f) Foundation.
(g) Roof covering.
(h) Exterior and interior components.
(i) Site aspects as they affect the building.
(j) Pursuant to rules adopted by the board, swimming pool and spa.
24. 22. "Home inspection report" means a written report that is prepared for compensation, that is issued after a home inspection and that clearly describes and identifies the inspected systems, structures and components of a completed dwelling and any visible major defects found to be in need of immediate major repair and any recommendations for additional evaluation by appropriate persons.
25. 23. "Home inspector" means an individual who is certified pursuant to this chapter as a home inspector and who engages in the business of performing home inspections and writing home inspection reports.
26. 24. "Home inspector‑in‑training" means a candidate for certification as a home inspector who has completed a course of study approved by the board and who is participating in a training program that complies with standards recommended by the home inspector rules and standards committee and approved by the board.
27. 25. "Land surveying practice" means the performance of one or more of the following professional services:
(a) Measurement of land to determine the position of any monument or reference point which that marks a property line, boundary or corner for the purpose of determining the area or description of the land.
(b) Location, relocation, establishment, reestablishment, setting, resetting or replacing of corner monuments or reference points which identify land boundaries, rights‑of‑way or easements.
(c) Platting or plotting of lands for the purpose of subdividing.
(d) Measurement by angles, distances and elevations of natural or artificial features in the air, on the surface and immediate subsurface of the earth, within underground workings and on the surface or within bodies of water for the purpose of determining or establishing their location, size, shape, topography, grades, contours or water surface and depths, and the preparation and perpetuation of field note records and maps depicting these features.
(e) Setting, resetting or replacing of points to guide the location of new construction.
28. 26. "Land surveyor" means a person who by reason of knowledge of the mathematical and physical sciences, principles of land surveying and evidence gathering acquired by professional education or practical experience, or both, is qualified to practice land surveying as attested by registration as a land surveyor. A person employed on a full‑time basis as a land surveyor by an employer engaged in the business of developing, mining or treating ores or other minerals shall not be deemed to be engaged in land surveying practice for purposes of this chapter if the person engages in land surveying practice exclusively for and as an employee of such employer and does not represent that the person is available and is not represented as being available to perform any land surveying services for persons other than the person's employer.
29. 27. "Land surveyor‑in‑training" means a candidate for registration as a professional land surveyor who is a graduate of a school and curriculum approved by the board, or who has four years or more of education or experience, or both, in land surveying work which that meets standards specified by the board in its rules. In addition, the candidate shall have passed the land surveyor‑in‑training examination.
30. 28. "Landscape architect" means a person who, by reason of professional education or practical experience, or both, is qualified to engage in the practice of landscape architecture as attested by registration as a landscape architect.
31. 29. "Landscape architect‑in‑training" means a candidate for registration as a professional landscape architect who is a graduate of a school approved by the board or who has had four years or more of education or experience, or both, in landscape architectural work which that meets standards specified by the board in its rules. In addition, the candidate shall have passed the landscape architect‑in‑training examination.
32. 30. "Landscape architectural practice" means the performance of professional services such as consultations, investigation, reconnaissance, research, planning, design or responsible supervision in connection with the development of land and incidental water areas where, and to the extent that, the dominant purpose of such services is the preservation, enhancement or determination of proper land uses, natural land features, ground cover and planting, naturalistic and aesthetic values, the settings of and approaches to buildings, structures, facilities or other improvements, natural drainage and the consideration and the determination of inherent problems of the land relating to erosion, wear and tear, light or other hazards. This practice shall include the location and arrangement of such tangible objects and features as are incidental and necessary to the purposes outlined in this paragraph but shall not include the making of cadastral surveys or final land plats for official recording or approval, nor mandatorily include planning for governmental subdivisions.
33. 31. "Monitored alarm" means a device that is designed for the detection of an entry on any premises and that if activated generates a notification signal.
34. "On‑site supervisor" means the employee of a drug laboratory site remediation firm who is authorized to oversee on‑site workers in the performance of their duties.
35. "On‑site worker" means an employee of a drug laboratory site remediation firm who has on‑site duties or who handles contaminated materials, chemicals or contaminated equipment.
36. 32. "Person" means any individual, firm, partnership, corporation, association or other organization.
37. 33. "Principal" means an individual who is an officer of the corporation or is designated by a firm as having full authority and responsible charge of the services offered by the firm.
38. 34. "Proprietor alarm" means any alarm or alarm system that is owned by an alarm subscriber who has not contracted with an alarm business.
39. 35. "Registrant" means a person registered or certified by the board.
40. 36. "Registration" means a registration or certification issued by the board.
Sec. 5. Section 32-106, Arizona Revised Statutes, is amended to read:
32-106. Powers and duties
A. The board shall:
1. Adopt rules for the conduct of its meetings and performance of duties imposed upon on it by law.
2. Adopt an official seal for attestation of certificates of registration and other official papers and documents.
3. Consider and pass upon applications for registration or certification.
4. Conduct examinations for in‑training and professional registration except for an alarm business or an alarm agent.
5. Hear and pass upon complaints or charges or direct an administrative law judge to hear and pass on complaints and charges.
6. Compel attendance of witnesses, administer oaths and take testimony concerning all matters coming within its jurisdiction. In exercising these powers, the board may issue subpoenas for the attendance of witnesses and the production of books, records, documents and other evidence it deems relevant to an investigation or hearing.
7. Keep a record of its proceedings.
8. Keep a register which shall show that shows the date of each application for registration or certification, the name of the applicant, the practice or branch of practice in which the applicant has applied for registration, if applicable, and the disposition of the application.
9. Do other things necessary to carry out the purposes of this chapter.
B. The board shall specify the proficiency designation in the branch of engineering in which the applicant has designated proficiency on the certificate of registration and renewal card issued to each registered engineer and shall authorize the engineer to use the title of registered professional engineer. The board shall decide what branches of engineering it shall recognize.
C. The board may hold membership in and be represented at national councils or organizations of proficiencies registered under this chapter and may pay the appropriate membership fees. The board may conduct standard examinations on behalf of national councils and may establish fees for those examinations.
D. The board may employ and pay on a fee basis persons, including full‑time employees of a state institution, bureau or department, to prepare and grade examinations given to applicants for registration and may fix the fee to be paid for these services. These employees are authorized to prepare, grade and monitor examinations and perform other services the board authorizes, and to receive payment for these services from the technical registration fund. The board may contract with an organization to administer the registration examination, including selecting the test site, scheduling the examination, billing and collecting the fee directly from the applicant and grading the examination if a national council of which the board is a member or a professional association approved by the board does not provide these services. If a national council of which the board is a member or a professional association approved by the board does provide these services, the board shall enter into an agreement with the national council or professional association to administer the registration examination.
E. The board may rent necessary office space and pay the cost of this office space from the technical registration fund.
F. The board may adopt rules establishing rules of professional conduct for registrants.
G. The board may require evidence it deems necessary to establish the continuing competency of registrants as a condition of renewal of licenses.
H. Subject to title 41, chapter 4, article 4, the board may employ persons as it deems necessary.
I. The board shall issue a certificate and renewal card to each drug laboratory site remediation firm, remediation supervisor and on‑site worker.
J. I. The board shall issue or may authorize the executive director to issue a certificate or renewal certificate to each alarm business and a certification or renewal certification card to each alarm agent if the qualifications prescribed by this chapter are met.
Sec. 6. Section 32-109, Arizona Revised Statutes, is amended to read:
32-109. Technical registration fund
A. Pursuant to sections 35‑146 and 35‑147, the executive director shall deposit ten per cent percent of all fees or other revenues received by the board in the state general fund to assist in defraying the cost of maintaining the state government and shall deposit the remaining ninety per cent percent in a separate fund, known as the technical registration fund, to be used only in defraying expenses of the board and in prosecuting violations of this chapter.
B. Monies deposited in the technical registration fund pursuant to subsection A of this section are subject to section 35‑143.01.
C. In addition to the monies deposited in the technical registration fund pursuant to subsection A of this section, the technical registration fund consists of monies received pursuant to section 12‑116.08. The monies that are received in the fund pursuant to this subsection shall be used:
1. To pay the board's expenses associated with investigations and enforcement actions pursuant to section 12‑1000.
2. For a county, city or town for remediation pursuant to section 12‑1000, subsection D. Notwithstanding section 35‑143.01, the monies received pursuant to section 12‑116.08 are not subject to legislative appropriation.
Sec. 7. Repeal
Sections 32-112, 32-122.03, 32-122.04 and 32-131, Arizona Revised Statutes, are repealed.
Sec. 8. Section 32-141, Arizona Revised Statutes, is amended to read:
32-141. Firm registration
A. A firm shall not engage in the practice of any board‑regulated profession or occupation unless the firm is registered with the board and the professional services are conducted under the full authority and responsible charge of a principal of the firm, who is also a registrant.
B. A person shall file a registration application for each branch office that is located in this state and that is part of a firm registered with the board. The branch office application shall list a designated registrant having full authority and responsible charge of the professional services of that branch office. The designated registrant in a branch office need not be a principal of the firm.
C. A firm wishing to offer professional services in this state shall file with the board an application for registration on a form that is provided by the board and accompanied by the appropriate application fee as prescribed by the board. Firms shall also identify responsible registrants by the registrant's registration certificate number. Each firm shall list a description of the services the firm is offering to the public. The board shall be notified in writing within thirty days of any change occurring in the registered principals, any change in the firm's name or address or any change in a branch office address or designated registrant. Except as provided in section 32‑4301, a new application shall be filed each year by the firm within thirty days of the anniversary date of the original firm registration.
D. No firm may advertise its availability to perform home inspections by home inspectors certified pursuant to this chapter unless each home inspection is performed by a home inspector certified pursuant to this chapter and each home inspection report is prepared as a result of the inspector's on‑site observation.
E. A drug laboratory site remediation firm shall provide both of the following:
1. The name of the on‑site supervisor who is authorized and responsible for the services being offered.
2. Proof that the firm is licensed by the registrar of contractors pursuant to chapter 10 of this title.
Sec. 9. Title 49, chapter 1, Arizona Revised Statutes, is amended by adding article 4.1, to read:
ARTICLE 4.1. DRUG LABORATORY REMEDIATION
49-161. Definitions
In this article, unless the context otherwise requires:
1. "Drug laboratory site remediation firm" means a firm that is licensed by the registrar of contractors pursuant to title 32, chapter 10 and that performs remediation of residual contamination from the manufacture of methamphetamine, ecstasy or LSD or the storage of chemicals or equipment used in manufacturing methamphetamine, ecstasy or LSD. For the purposes of this paragraph:
(a) "Ecstasy" has the same meaning prescribed in section 13‑3401, paragraph 6 and includes any of the precursor chemicals, regulated chemicals, other substances or equipment used in the unlawful manufacture of the dangerous drug.
(b) "LSD" has the same meaning prescribed in section 13‑3401, paragraph 6 and includes any of the precursor chemicals, regulated chemicals, other substances or equipment used in the unlawful manufacture of the dangerous drug.
(c) "Methamphetamine" has the same meaning prescribed in section 13‑3401, paragraph 6 and includes any of the precursor chemicals, regulated chemicals, other substances or equipment used in the unlawful manufacture of the dangerous drug.
2. "Remediation specialist" means a person who is authorized by the department to perform, supervise and review environmental remediations.
49-162. Remediation specialists; drug laboratory site remediation firms; certification; renewal; fees; rules
A. The department shall certify remediation specialists and drug laboratory site remediation firms.
B. An applicant for a remediation specialist or a drug laboratory site remediation firm must do both of the following:
1. File an application with the department on a form prescribed by the department.
2. Pay a fee in an amount to be determined by the department.
C. The department shall establish a system for renewing certifications issued pursuant to this article.
D. The department shall establish a renewal fee for each certificate issued pursuant to this article.
E. The department may deny a certification to a person or suspend or revoke a certification if the department has sufficient cause as determined by the department by rule. The applicant or certificate holder may request a hearing pursuant to title 41, chapter 6, article 10.
F. The department may adopt rules necessary to implement this article.
Sec. 10. Section 49-218, Arizona Revised Statutes, is amended to read:
49-218. Definitions
In this article, unless the context otherwise requires:
1. "CERCLA brownfields cleanup revolving loan fund program" means the program established by the United States environmental protection agency to provide financial assistance in the form of loans or grants to eligible persons to remediate contamination at eligible sites as provided in section 104(k) of CERCLA and applicable guidance documents prepared by the United States environmental protection agency to implement this program.
2. "Eligible activities" means removal as defined by section 101(23) of CERCLA and includes required engineering evaluations, cost analysis of cleanup alternatives, public participation requirements and reasonable and necessary site monitoring activities during the remediation.
3. "Eligible person" means a person who is eligible to receive a loan or grant under the CERCLA brownfields cleanup revolving loan fund program.
4. "Eligible site" means a site that is a brownfields site as defined by section 101(39) of CERCLA, that is within an area designated in a cooperative agreement between the department and the United States environmental protection agency and that is one of the following:
(a) Accepted into the department's voluntary remediation program.
(b) Subject to a remediation agreement with the department's water quality assurance revolving fund program.
(c) Being addressed by a remediation specialist who is certified by the board of technical registration pursuant to section 32-131 certified by the department pursuant to chapter 1, article 4.1 of this title.
(d) Being addressed through another program or oversight mechanism that is approved by the department.
Sec. 11. Section 49-927, Arizona Revised Statutes, is amended to read:
49-927. Hazardous waste management fund
A. A The hazardous waste management fund is established to be administered by the department. The fund consists of monies appropriated by the legislature, monies collected pursuant to section sections 12-116.08 and 49‑931 and monies collected as fees for issuing permits under section 49‑922, subsection B, paragraph 5. Monies in the fund are subject to legislative appropriation and are exempt from section 35‑190 relating to lapsing of appropriations. On notice from the director, the state treasurer shall invest and divest monies in the fund as provided by section 35‑313, and monies earned from investment shall be credited to the fund.
B. Monies in the hazardous waste management fund shall be used for the following purposes:
1. Informing, educating and training the general public, treatment, storage and disposal facility operators, hazardous waste handlers and others.
2. Supporting statewide hazardous waste planning and program development activities.
3. Processing, issuing and maintaining permits for treatment, storage or disposal facilities.
4. Compliance monitoring, investigation and enforcement activities pertaining to generating, transporting, treating, storing and disposing of hazardous waste under this article.
5. Funding the pollution prevention technical assistance program established in section 49‑965 and providing matching funds under section 6605 of the pollution prevention act of 1990 (P.L. 101‑508).
6. Administration of the pollution prevention program pursuant to article 4 of this chapter.
7. Reimbursement of appropriations received for fiscal year 1991‑1992 to the state general fund as provided by law.
C. Ten per cent percent of the monies in the fund shall be transmitted to the emergency response fund established pursuant to section 26‑352 to be used for staffing local emergency planning committees and equipping local fire departments, fire districts and public safety agencies for the development of hazardous materials emergency response teams.
Sec. 12. Transfer of monies
All unexpended and unencumbered monies remaining in the board of technical registration fund established by section 32-109, Arizona Revised Statutes, that were deposited pursuant to section 32-109, subsection C, Arizona Revised Statutes, as repealed by this act, are transferred to the hazardous waste management fund established by section 49-927, Arizona Revised Statutes, on the effective date of this act.
Sec. 13. Transfer of powers; effect
A. All matters, including contracts, orders and judicial or quasi‑judicial actions, relating to drug laboratory remediation, whether completed or pending, of the board of technical registration are transferred, on the effective date of this act, and retain the same status with the department of environmental quality.
B. Rules relating to drug laboratory remediation adopted by the board of technical registration are effective and enforceable by the department of environmental quality and are deemed to have been adopted by the department of environmental quality in conformance with title 41, chapter 6, Arizona Revised Statutes, until superseded by rules adopted by the department of environmental quality.
C. All property, records, data and investigative findings of the board of technical registration relating to drug laboratory remediation are transferred to the department of environmental quality and may be used for the purposes of this act.
