House Committee Amendment

1 1 Fifty-second Legislature 2 First Regular Session 3 4 COMMITTEE ON ENERGY, ENVIRONMENT AND NATURAL RESOURCES 5 6 HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2636 7 8 (Reference to printed bill) 9 10 Strike everything after the enacting clause and insert: 11 "Section 1 Laws 2004, chapter 273, section 9, as amended by Laws 2013, chapter 244, section 4 12 and Laws 2014, chapter 14, section 5, is amended to read: 13 Sec. 9. Underground storage tank assurance account; termination of eligibility; 14 nonliability 15 Notwithstanding any other law: 16 1. From and after June 30, 2006, only Releases of a regulated substance that are reported before 17 July 1, 2006 as provided in section 49-1004, Arizona Revised Statutes, 2016 are subject to coverage for 18 corrective action costs from the underground storage tank assurance account. 19 2. An application for reimbursement for or direct payment of eligible reasonable and necessary 20 costs from the underground storage tank assurance account shall be filed with the department of 21 environmental quality no later than 5:00 p.m. on December 31, 2015 2016. 22 3. An application for preapproval made pursuant to section 49-1052, subsection I, Arizona 23 Revised Statutes, or section 49-1053, Arizona Revised Statutes, shall be filed with the department of 24 environmental quality no later than 5:00 p.m. on December 31, 2014 2016. 25 4. Any application made or expense incurred after December 31, 2015 2016 is not eligible for 26 coverage from the underground storage tank assurance account and all such claims are extinguished. 27 5. The department of environmental quality is not required to take any action on an application 28 for coverage, reimbursement or payment from the underground storage tank assurance account or on an 29 application for preapproval until a new revised underground storage tank corrective action program is 30 effective. 31 6. 5. If the underground storage tank assurance account does not have sufficient monies to pay 32 all ELIGIBLE claims SUBMITTED, THE DEPARTMENT OF ENVIRONMENTAL QUALITY MAY 33 DEFER PAYMENT ON OTHERWISE ELIGIBLE CLAIMS UNTIL THERE ARE SUFFICIENT 34 MONIES IN THE UNDERGROUND STORAGE TANK ASSURANCE ACCOUNT. IF THE 35 UNDERGROUND STORAGE TANK ASSURANCE ACCOUNT DOES NOT HAVE SUFFICIENT 36 MONIES FOR ALL ELIGIBLE CLAIMS by the date of the termination of the account as otherwise 37 provided by law, any claims unpaid on the date of termination of the account are extinguished without 38 regard to whether those claims were eligible for coverage from the account. 39 6. THE DEPARTMENT OF ENVIRONMENTAL QUALITY AND THE UNDERGROUND 40 STORAGE TANK ASSURANCE ACCOUNT ARE NOT LIABLE FOR AND MAY NOT PAY ANY 41 CLAIMS FROM THIRD PARTIES ALLEGING PERSONAL INJURY OR PROPERTY DAMAGE 42 CAUSED BY RELEASES FROM UNDERGROUND STORAGE TANKS.

2 1 Senate Amendments to 2 3 1 Sec. 2 Laws 2004, chapter 273, section 14, as amended by Laws 2013, chapter 244, section 5, is 2 amended to read: 3 Sec. 14. Effective date 4 Section 7 of this act, relating to the repeal of title 49, chapter 6, articles 2 and 3, Arizona Revised 5 Statutes, is effective December 31, 2015 2030." 6 Amend title to conform

7 and, as so amended, it do pass 8 9 FRANKLIN M. PRATT 10 Chairman 11 12 13 2636-se-eenr 14 2/16/15 15 H:laa 16 17 04dce1fd2835e1521427faf0aee54cb6.doc 18 02/12/2015 19 8:10 AM 20 C: myr 21