ARIZONA STATE SENATE

RESEARCH STAFF

SUSAN ANABLE

RESEARCH STAFF DIRECTOR

NATURAL RESOURCES, AGRICULTURE AND ENVIRONMENT COMMITTEE

Telephone: (602) 542-3171

Facsimile: (602) 542-7833

TO: MEMBERS OF THE SENATE

NATURAL RESOURCES, AGRICULTURE AND ENVIRONMENT

COMMITTEE

DATE: April 3, 2001

SUBJECT: Proposed Guenther Strike Everything Amendment to H.B. 2577 dated 4/3/01, 3:45 p.m.

Purpose

Adopts and implements a number of the measures recommended by the Governor’s Brown Cloud Summit to reduce the brown cloud in the urbanized areas of the state, including imposing diesel engine idling restrictions in Area A (primarily Maricopa County), expanding the Area A nonattainment area and implementing a pilot program for roadside emission testing of diesel vehicles.

Background

In March 2000, Governor Jane Hull established the Brown Cloud Summit by executive order (EO 2000-3) to identify ways of reducing the brown cloud and recommend proposals to address the pollution that contributes to the brown cloud. The summit adopted its final recommendations in January 2001. These recommendations generally address three categories: 1) long-term market driven strategies to improve visibility and provide health benefits; 2) short-term and long-term voluntary and mandatory measures to reduce emissions and improve public health; and 3) goals established with citizen input to improve the brown cloud and improve monitoring of the brown cloud.

The brown cloud is generally acknowledged to be the combination of carbon particles and nitrogen dioxide gas that creates the brown color of haze. Extremely small particles of pollutants, such as particulate matter and the chemical conversion of nitrogen dioxide and sulfur dioxide to particles, generally comprise the brown cloud.

The proposed strike everything amendment to H.B. 2577 contains several of the measures recommended by the Governor’s Brown Cloud Summit. There is no anticipated fiscal impact to the general fund, with the exception of the lack of a designated funding source for the implementation of the roadside diesel emissions testing program on July 1, 2003.

Provisions

Roadside Diesel Testing Program (Sections 49-542.06 and 49-542.07)

1. Requires ADEQ, beginning July 1, 2003, to establish and administer a roadside diesel testing program for diesel vehicles over 10,000 pounds GVWR , including apportioned vehicles, operating in Area A or Area B (Pima County). Smoke testing procedures and measuring equipment are to conform to the SAE J1667 standards (snap acceleration smoke test procedure).

2. Authorizes ADEQ to contract with an independent contractor to implement the program. If an independent contractor is utilized, the Department of Administration is required to administer the RFP and award processes.

3. Requires ADEQ to establish maximum allowable opacity cutpoints for the program based on the model year of the vehicles, and to develop criteria and procedures to validate that meters produce consistent and repeatable results.

4. Requires the program to include appropriate visual screening and provide for the issuance of citations for failure to comply. Requires the program to provide for alternative standards for vehicles that meet engine manufacturers’ specifications.

5. Establishes civil penalties for drivers who fail the opacity test or refuse to submit to the test. The penalties range from $300 to $1,800 depending on degree of test failure and the timeframe in which compliance and penalty payment is made. Requires civil penalties to go to the state general fund.

6. Allows the Director of the Department of Transportation (ADOT) to suspend the registration of a vehicle for which a civil penalty is not paid. A person with a suspended registration may apply for reinstatement of the registration once the penalty and any applicable fees are paid.

7. Specifies that notices of violation and citations issued and penalties assessed are appealable agency actions.

Diesel Emissions Testing Pilot Program (Section 10, session law)

8. Requires ADEQ to establish and administer a pilot program for the roadside emissions testing of diesel vehicles that will allow each interested contractor the opportunity to demonstrate their testing technology to ADEQ over a three-week period. During each contractor’s three-week demonstration period, they must demonstrate their screening technology, actual test times, testing volume capabilities, screening cutpoints database management, record keeping capabilities and general program and fiscal management.

9. Requires participation in the pilot program as a prerequisite for participation in the procurement process for the roadside diesel emission testing program that goes into effect on July 1, 2003.

10. Prohibits contractors participating in the pilot program from receiving any payment or fee for testing performed as part of the pilot program. The participants maintain ownership of any of their technology or processes used in the pilot program.

11. Requires ADEQ to gather the data from the pilot program and compile a report to be submitted to a 9-member study committee established to review the results of the pilot program.

12. Provides that the Diesel Vehicle Emissions Testing Study committee is to be comprised of six legislators, the Director of ADEQ and two representatives of the trucking industry. The committee is to report its recommendations on the diesel emissions testing program to the Governor and the Legislature by September 31, 2002.

13. Repeals the Committee on February 1, 2003. (Section 14, session law)

Restriction on Engine Idling (Section 11-877)

14. Requires counties in Area A to implement and enforce restrictions on engine idling for heavy duty diesel vehicles over 14,000 pounds gross vehicle weight rating (GVWR) within Area A. Allows other counties to adopt ordinances to restrict engine idling.

15. Requires the ordinances to provide exemptions for at least the following:

· Vehicles such as police, fire and emergency vehicles.

· Situations such as traffic delays or the need for a driver to sleep in the vehicle.

· Equipment operation such as refrigeration of cargo.

16. Establishes the following civil penalties for violation of diesel idling restrictions:

· $100 first violation

· $300 second and subsequent violations

17. Allows diesel idling ordinances to be enforced through a uniform traffic ticket issued by a county control officer or any law enforcement officer authorized to enforce traffic laws.

18. Defines idling to mean the operation of an engine in the operating mode, where the engine in not engaged in gear and the engine operates at a speed at the RPM specified by the engine or vehicle manufacturer for when the accelerator is fully released and there is no load on the engine.

Expansion of Area A

19. Expands the Area A boundaries to include additional portions of Maricopa County west of Goodyear and Peoria, as well as a small piece of land on the north end Lake Pleasant that is currently land locked by the nonattainment area boundaries. (Section 49-541)

20. Specifies that the enforcement of air quality measures in the newly expanded portion of Area A, including vehicle emissions inspection compliance, start on January 1, 2002, except for public sector alternative fuel requirements which are phased in over a seven year period. (Sections 8 and 9, session law)

Voluntary Compliance with Tier 2 or Tier 3 (Section 49-558)

21. Allows public and private sector entities in Area A or B to purchase or retrofit nonroad equipment that meets the federal Tier 2 or Tier 3 standards for nonroad equipment.

22. Allows entities that voluntarily comply with Tier 2 or Tier 3 standards to submit documentation of this compliance to ADEQ, who shall identify these entities on the agency's website. Specifies that if possible, the information on the website shall include estimates on emissions reductions and visibility improvements.

23. Requires ADEQ to cooperate with manufacturers and distributors to determine the availability of Tier 2 and Tier 3 equipment and provide information to potential purchasers.

Voluntary Use of Ultra Low Sulfur Diesel Fuel (Section 49-558.01)

24. Allows public and private sector entities to use federal ultra low sulfur fuel in vehicles retrofitted with oxidation catalysts and particulate filters in Area A or B. Allows those entities to submit documentation of this fuel use to ADEQ, who shall identify these entities on the agency's website. Specifies that if possible, that information on the website shall include estimates on emissions reductions and visibility improvements.

25. Requires ADEQ to cooperate with manufacturers and distributors to determine extent of availability of the fuel and equipment and provide information to potential purchasers.

Urban Area Bypass Routes (Section 28-363)

26. Requires ADOT to develop a plan to increase the use of bypass routes on days of poor visibility in the Phoenix metropolitan area.

Voluntary Vehicle Repair and Retrofit (VVRR) Program (Section 49-474.03)

27. Allows diesel vehicles that fail the centralized emissions test to participate in the VVRR program.

Daily Visibility Index (Section 11, session law)

28. Allows ADEQ to establish a daily visibility index by December 31, 2003 for Area A and provides that the index is to be based on results of a public survey of residents of Area A. Prior to the establishment of this index the Director of ADEQ shall use the number of blue sky days as an interim method of evaluating and reporting visibility conditions and progress toward visibility improvement.

29. Defines blue sky days to mean those days during which the six-hour average visible range is 25 miles or more.

30. Specifies the following blue sky day targets:

· 250 days in 2001

· 260 days in 2002

· 275 days in 2003

31. Requires ADEQ to issue periodic reports on the number of blue sky days that have occurred during the year and how that number compares with the established targets.

32. Prohibits the use of the visibility index as a standard or for the purpose of establishing emissions limitations in permits issued by ADEQ or a county control officer.

Arizona Emissions Bank Program (Section 49-410)

33. Specifies that the emissions bank program administered by ADEQ includes the banking and trading of emissions credits for specific air pollutants (particulate matter, sulfur dioxide, carbon monoxide, nitrogen dioxide or volatile organic compounds).

34. Delays the adoption of rules by ADEQ for the program by one year, until January 1, 2002.

Reduced Use of Gas or Diesel Generators in Construction (Section 12, session law)

35. Makes compliance mandatory for the existing 5-year voluntary program that allows utilities and the construction industry to identify viable sources of electric power to reduce the use of gas or diesel powered generators in the construction industry.

36. Requires written status reports on compliance with this program to be submitted to the Governor and the Legislature by February 1, 2003 and 2004.

37. Makes technical and conforming changes.

38. Provides for a general effective date.

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