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HB2766 - 482R - H-Water and Agriculture-Adopted

Forty-eighth Legislature                                                     

Second Regular Session                                                       

 

COMMITTEE ON WATER AND AGRICULTURE

 

HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2766

 

(Reference to printed bill)

 


Page 1, line 4, strike "; maximum fees"

Line 5, strike "A."

Strike lines 39 through 43

Page 2, strike lines 1 and 2

Line 17, after "B." strike remainder of line; strike lines 18 through 20; line 21, strike "state in any year, shall report to the municipality" insert "a city or town shall report to the department of commerce energy office information collected"

Line 26, strike "of" insert ", 2009 and"

Strike line 35

Reletter to conform

Page 3, line 3, strike "; maximum fees"

Line 4, strike "A."

Strike lines 38 through 44

Page 4, line 16, after "B." strike remainder of line; strike lines 17 through 19; line 20, strike "state in any year, shall report to the county" insert "a county shall report to the department of commerce energy office information collected"

Line 25, strike "of" insert ", 2009 and"

Strike line 34

Reletter to conform

Page 5, strike lines 4 though 15

Reletter to conform

Strike lines 20 through 22, insert:

"A.  Beginning January 1, 2009,

Line 23, after "time" insert "in this state"; after "vehicles" insert "that are required to be registered"

Line 24, strike "fourteen" insert "ten"; after "pounds" strike the period

Strike line 25, insert "shall be limited to five minutes in any sixty‑minute period except for the following:"

Page 5, line 30, after "conditioners" insert ", while providing a power source necessary for mechanical operations other than propulsion"

Line 31, strike "and not as a part of a rest period"

Line 39, strike "posing" insert "powering"

Line 41, after "including" insert "operating a power take off mechanism or other mechanical device that performs the same function as a power TAKE off MECHANISM,"

Page 6, strike lines 7 and 8, insert:

"8.  VEHICLES that IDLE BECAUSE OF ADVERSE WEATHER CONDITIONS AFFECTING THE SAFE OPERATION OF THE VEHICLE or the health and safety of the driver.

9.  IDLING OF THE PRIMARY PROPULSION ENGINE IS NECESSARY TO SUPPLY HEAT OR AIR CONDITIONING NECESSARY FOR PASSENGER COMFORT OR SAFETY IN THOSE VEHICLES OPERATING FOR COMMERCIAL PASSENGER TRANSPORTATION OR SCHOOL PURPOSES for UP TO A MAXIMUM OF thirty MINUTES PER HOUR.  IF AMBIENT TEMPERATURES EXCEED SEVENTY-FIVE DEGREES FAHRENHEIT, VEHICLES OPERATING FOR COMMERCIAL PASSENGER TRANSPORTATION OR SCHOOL PURPOSES pursuant to this paragraph MAY IDLE for UP TO A MAXIMUM OF sixty MINUTES IN ANY NINETY MINUTE TIME PERIOD.

10.  IDLING OF THE PRIMARY PROPULSION ENGINE IS NECESSARY TO COMPLY WITH THE 40 CODE OF FEDERAL REGULATIONs PART 395 AND rules adopted by THE ARIZONA DEPARTMENT OF TRANSPORTATION REgardinG HOURS OF SERVICE RESTRICTIONS."

Line 9, strike "ordinances that require" insert:

"B.  Beginning January 1, 2009,"; strike "trucking"

Line 10, strike "to" insert "shall"

Line 12, strike ", an information hotline"

Strike lines 14 through 19, insert:

"C.  The department of transportation shall post and MAINTAIN permanent signs of sufficient size at all points of entry into this state that are MAINTAINED by the department of TRANSPORTATION and that SPECIFY the maximum idle time and the RELEVANT STATUTORY reference for engine idling restrictions."

Reletter to conform

Line 20, strike "an ordinance adopted pursuant to"

Line 26, strike "Ordinances adopted pursuant to"

Line 28, strike "ordinances adopted pursuant to"

Lines 32 and 33, strike "an ordinance adopted pursuant to"

Page 6, line 34, strike "ordinances adopted pursuant to"

Between lines 37 and 38, insert:

"G.  This section applies throughout this state and counties, cities and towns may not enact or enforce an ORDINANCE, rule or regulation that conflicts with this section."

Reletter to conform

Line 38, strike the comma insert:

"1.  "distribution center" means a place with three or more bays where vehicles LOAD or unload materials.

2."

After line 42, insert:

"3.  "Power take off mechanism" means a unit that provides power from the engine to a trailer or other equipment.

4.  "Primary PROPULSION engine" means any ENGINE for which the primary FUNCTION is to provide mechanical power to PROPEL or direct a vehicle, regardless of whether THAT power is applied DIRECTLY to the PROPELLER shaft or indirectly by way of an ELECTRICAL system, and that meets all of the following criteria:

(a) The engine PROVIDes A POWER SOURCE NECESSARY FOR MECHANICAL OPERATIONS OTHER THAN PROPULSION.

(b)  The vehicle includes A POWER TAKE OFF MECHANISM OR OTHER MECHANICAL DEVICE PERFORMING THE SAME FUNCTION AS A POWER TAKE OFF MECHANISM that IS POWERED BY THE ENGINE FOR ANY OF THE FOLLOWING REASONS:

(i)  LOADING AND UNLOADING CARGO.

(ii)  MIXING OR PROCESSING CARGO.

(iii)  CONTROLLING CARGO TEMPERATURE.

(iv)  PROVIDING A MECHANICAL EXTENSION TO PERFORM WORK FUNCTIONS.

5.  "Truck stop" means a facility that is located on or near an interstate highway or other highway and that provides FUEL, PARKING, food or other services for MORE than one vehicle with a gross vehicle weight of more than ten THOUSAND pounds."

Page 8, line 14, after "CONTRACTS" insert "and renewable energy power purchase contracts"

Page 14, line 25, after "PROJECTS" insert "and renewable energy power purchase contracts"

Page 24, line 3, strike "funds" insert "accounts"

Lines 5 and 7, strike "fund" insert "account"

Line 13, strike "funds" insert "accounts"

Lines 17, 29 and 37, strike "fund" insert "account"

Line 41, strike "funds" insert "accounts"

Page 25, lines 18, 21, 28, 31, 33 and 36, strike "fund" insert "account"

Page 26, lines 7 and 9, strike "fund" insert "account"

Line 19, strike the first "fund" insert "account"

Strike lines 34 through 37, insert:

"A.  It is the policy of this state to reduce green house gas emissions by the conservation of energy and the development of sustainable and non-green house gas emitting energy resources in conjunction with maintaining reliable and low-cost electric service to Arizona utility customers. The policy"

Line 38, after "THAT" insert "by 2025,"

Strike lines 40 through 43, insert:

"B.  For public power entities serving an annual retail load of one hundred thousand megawatt hours the following renewable energy minimum sustainable portfolio standards apply:"

Page 27, line 19, strike "TO UTILITY DISTRIBUTION FACILITIES"

Strike line 24, insert "governor, the president of the senate and the speaker of the house of representatives on:"

Line 26, after "COSTS" strike remainder of line insert ", environmental benefits of reliance on renewable energy resources and the utility’s system reliability as a result of the sustainable energy resources."

Between lines 29 and 30, insert:

"D.  A copy of the report required pursuant to subsection C shall be provided to the secretary of state and the director of the Arizona state library, archives and public records."

Reletter to conform

Lines 34 and 35, strike ":

1."

Strike lines 39 through 43

Page 31, line 36, after "agencies" insert "through the use of energy performance contracting or other mechanisms"

Page 32, line 1, after "DISTRICTS" insert "through the use of energy performance contracting or other mechanisms"

Line 18, after "DISTRICTS" insert ", community colleges"

Line 24, after "2013," insert "through the use of renewable energy power purchase contracts or other mechanisms; after "universities" insert ", community colleges"

Line 27, after the third comma insert "agricultural waste,"

Line 30, strike "new or leased state buildings" insert "state buildings constructed or leased after the effective date of this act"

Line 33, after "OFFICE" insert ", unless the standard can be shown not to be cost effective on a life cycle cost basis"

Page 35, line 34, after "during" strike remainder of line; strike line 35, insert "calendar year 2005."

Page 36, line 8, after the comma strike the remainder of line; strike lines 9 through 11, insert "greenhouse gases emitted during the entire cycle of extraction, cultivation, production, manufacturing, feedstock extraction, marketing and distribution for a fuel or other sources of energy, as well as those emitted during the use of such fuels and sources by vehicles and aircrafts.  This may include secondary emissions."

Page 37, between lines 8 and 9, insert:

"A.  It is the goal of this state to improve economic competitiveness, enhance energy security and reduce greenhouse gas emissions through vehicle fuel conservation and diversification. The goal is to reduce, to the maximum extent technologically feasible and cost-effective, the greenhouse gas intensity of fuel used in Arizona.  The reduction will be measured as a declining standard with respect to greenhouse gases emitted per unit of useable energy over a vehicle fuel’s lifecycle as defined in section 41‑2121."

Reletter to conform

Line 13, strike "The study shall take into account" insert "There shall be an opportunity for public comment in determining the scope of work for the study.  The study shall take into account international experience and"

Page 37, line 14, after "under" insert "the federal energy independence and security act of 2007, California assembly bill 32 of 2006, and"

Lines 28 and 31, strike "METHODS FOR ENSURING THAT REDUCTIONS" insert "impacts of reduction"

Line 35, strike "OVERALL SOCIETAL BENEFITS FROM" insert "impacts of"

Page 38, between lines 3 and 4, insert:

"10.  The cost-effectiveness of greenhouse gas emissions reductions measured in dollars per metric ton of reduced greenhouse gases, as expressed in carbon dioxide equivalence."

Line 11,  strike "one public meeting" insert "three public meetings in distinct areas of the state"

Line 12, after the first "THE" insert "draft"

Line 13, strike "meeting." insert "meetings.  The department shall prepare a response to public comments to be delivered with the final report."

Line 16, after "A." strike remainder of line; strike lines 17 and 18; line 19, strike "legislature fails" insert "Only after the legislature takes affirmative action"

Line 31, strike "SHALL" insert "may"

Page 39, strike lines 36 through 41

Page 47, strike lines 31 through 33

Renumber to conform

Page 48, between lines 19 and 20, insert:

"11.  "Renewable fuel" means fuel that complies with either of the following:

(a)  Fuel that consists of at least eighty-five percent of ethanol by volume.

(b)  Any mixture of biodiesel and diesel or renewable diesel as defined in title 40 code of federal regulations part 80 in effect on January 1, 2008, or in rules adopted by the director of the department of weights and measures pursuant to title 41, chapter 15 and without regard to the use of kerosene and containing at least twenty per cent biodiesel or renewable diesel."

Renumber to conform

Page 49, line 13, strike "BIOFUELS" insert "renewable fuels"

Line 14, after "TANK" insert "with the appropriate ul ratings where applicable"

Line 17, strike "BIOFUELS" insert "renewable fuels"

Page 49, line 19, after "ORGANIZATION" insert ", AND THE EQUIPMENT HAS the APPROPRIATE UL RATING"

Line 21, strike "BIOFUELS" insert "renewable fuels"

Lines 23, 26, 27 and 28 strike "BIOFUEL" insert "renewable fuel"

Line 30 strike "BIOFUELS" insert "renewable fuels"

Between lines 30 and 31 insert:

"11.  Nothing in Paragraph 10 shall be construed to preclude a franchisor from requiring the franchisee to obtain reasonable INDEMNIFICATION and insurance policies.

12.  No franchise related document that requires that three grades of gasoline be sold by the applicable franchisee shall prevent the franchisee from selling a renewable fuel in lieu of one, and only one, grade of gasoline."

Line 34, strike "sections 49-447.01 and 49-447.02" insert "section 49‑447.01"

Strike lines 35 through 44

Page 50, strike lines 1 through 19; line 20, strike "49-447.02" insert "49-447.01"

Amend title to conform


and, as so amended, it do pass

 

                                                LUCY MASON

                                                Chairman

 

 

2766-wa

2/21/08

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