The state recycling fund is closed and its money and fee revenue move into the solid waste fee fund, while the law also drops lead-acid battery facility fees, adds a drinking-water plan review exemption, adjusts open burning permit rules and gives the EPA 2 more years to approve state emissions and gasoline changes.
Official title: department of environmental quality; programs
- September 12, 2026
- Earlier-passed emissions testing and gasoline formulation changes take effect only if the EPA approves them by July 1, 2029: Vehicle emissions testing and gasoline formulation changes from earlier laws
What changes
BeforeLandfill disposal fees ($.25 per ton or set volume) and city in-lieu contributions went into a separate recycling fund, which paid for recycling grants and education.
NowThe recycling fund is repealed and its leftover money moves to the solid waste fee fund. That fund now receives these fees and may be used for recycling grants and contracts, litter, recycling and source reduction education, and the Arizona Commerce Authority's recycled market program. The director must appoint an unpaid 9-member advisory committee on recycling spending.
BeforeLead-acid batteries could go to collection or recycling facilities authorized by the EPA or the state environmental department. The department registered collection and recycling facilities and charged them registration and annual fees.
NowBatteries may go to any collection or recycling facility, without the authorization requirement. The department registers only recycling facilities that accept lead-acid batteries, and the battery facility fee requirement is removed.
BeforeChanges to public water systems skipped state plan review only if they cost $12,500 or less, or cost less than $50,000 under certain engineer-sealed conditions.
NowA 3rd exemption is added: changing the type, material, location or alignment of a water line, valve or fitting is exempt if it keeps the same capacity, function and performance and stays in the same right-of-way or easement. As with the other exemptions, the system must be in compliance with department rules or making approved progress toward compliance.
BeforeThe environmental quality director could delegate open burning permit authority to a county, city, town or fire district.
NowThe director may delegate this authority only if the department has taken over open burning oversight in that county. Violations under the department's oversight are enforced under the department's own air quality enforcement rules.
BeforeEarlier-passed changes to vehicle emissions testing and gasoline formulation rules took effect only if the EPA approved them by July 1, 2027.
NowThe EPA approval deadline is moved to July 1, 2029. The director's deadlines to notify the Legislative Council are moved to September 1, 2029 for emissions testing and October 1, 2029 for gasoline.
Who it affects
- Lead-acid battery collection and recycling businesses
- Public water systems
- Landfill operators
- Used oil handlers
- Cities and towns that provide waste services outside their borders
- Counties, cities, towns and fire districts that issue open burning permits
- Arizona Department of Environmental Quality
- Arizona Commerce Authority
What you need to do
Nothing.
What the law doesn't answer
- How much money is in the recycling fund being transferred
- Whether lead-acid battery recycling facilities will still pay any fee to register
- How the change to the used oil program, which no longer refers to the 1997 federal rules and may not be stricter than federal law, will affect handlers in practice
- When the advisory committee must be appointed
This summary describes the law as enacted. Later laws, court rulings or referendum petitions can change the picture. Check the official text for the current wording.