House of Representatives

HB 2431

environment; electronic reporting; chemicals

Sponsor: Rep. Landrum

DPA S/E	Committee on Environment
W/D	Committee on Energy, Utilities and Technology
DPA s/e	Caucus and COW
x	As Transmitted to the Governor

Provisions

· The state fire safety committee shall adopt by rule, a statewide database that contains information from hazardous material management plans and hazardous materials inventory statements requirements of a nationally recognized fire code as prescribed by the local fire code. Data shall be supplied to the state fire marshall by local fire departments. The information shall be made available in electronic form to local fire departments, but there shall be alternative methods for reporting and dissemination for those jurisdictions that do not possess electronic reporting equipment. (ARS 41-2146 D) An additional component to be included in the state fire code is an annual report to the state fire marshall by local fire protection jurisdictions on the number and type of fires that occurred in the preceding year. (ARS 41-2146 C)

· The state fire marshal has enforcement responsibilities for the statewide database and the annual fire reports, once they are adopted. These provisions are declared to be matters of statewide concern. (ARS 41-2163 A) A person who fails to report hazardous materials management plans or hazardous materials inventory statements to a local fire department would be subject to a civil penalty of not more than $1,000 for each day of the violation with a $5,000 cap, regardless of the number of days of violation. A violation accrues on the first day after the person was first obligated to report. The state or local fire marshal shall waive the penalty for a first violation if compliance is met within 60 days of the notice, and, additional extensions of time may be granted upon showing good cause. Monies received from penalties shall be deposited in the state general fund. (ARS 41-2163.01)

· The following criteria apply for the court in considering the amount of the civil penalty (ARS 41-2163.01):

· The seriousness of the violation.

· Type and amount of hazardous materials that were not reported and the potential risk to human health and public safety posed by the storage of those materials.

· History of past compliance by the person at any location.

· Any good faith efforts to comply with the reporting requirements.

· Circumstances beyond the person's control that prevented timely reporting.

· The economic impact of the penalty on the person.

· A person required to report a material safety data sheet has the option to file electronically to an Internet web site designated by AZERC. The information is to be available to the public pursuant to federal regulation except for confidential information. AZERC shall cooperate with local emergency planning committees and fire departments to provide for electronic filing and sharing of reports. The requirement for a tier I inventory form is removed from statute. (ARS 26-350 A and D).

· Fire departments and fire districts without the ability to report or receive information electronically could report or receive the information using alternative methods. (ARS 41-2146 D)

· There is an appropriation of $410,000 in FY 2002 and $158,000 in FY 2003 for the purposes of establishing and maintaining a statewide database for the hazardous materials management plans and inventory statements. Unexpended monies revert to general fund on June 30, 2003.

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· 44th Legislature

· Second Regular Session 3 May 3, 2001

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