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Committee deadlocks on bill limiting ADEQ use of certain emissions in SIP planning
Summary
The committee failed to advance Senate Bill 11‑28, which would have limited the Arizona Department of Environmental Quality’s consideration of emissions originating outside the U.S. and required officials to weigh the 'best interest of the taxpayer' when revising state implementation plans under the Clean Air Act.
A contentious review of air-quality rules ended with the Natural Resources, Energy & Water Committee failing to advance Senate Bill 11‑28 on a tie vote.
Senate Bill 11‑28 would have rewritten factors the director of the Arizona Department of Environmental Quality must consider when revising the state implementation plan (SIP) for attaining national ambient air quality standards. The bill directed the director to account for the “best interest of the taxpayer” and “all causal factors affecting air quality,” and—crucially—prohibited consideration of emissions that originate outside the borders of the United States.
Matt Ribbentrop of ADEQ told the committee the agency is neutral on the bill but warned that the language is unclear and may undercut federal tools Arizona uses to demonstrate attainment. “As written with the prohibition on the consideration of emissions emanating from outside the borders of the United States, we believe there could be primacy issues,” Ribbentrop said, noting that a Clean Air Act §179B demonstration—used when international sources contribute to nonattainment—would likely be affected.
Members raised questions about studies and ongoing work to quantify cross‑border contributions to ozone and other pollutants. ADEQ said it is convening research with NASA, EPA and Arizona universities to better understand in‑state and out‑of‑state sources.
The committee moved a Griffin amendment (dated 03/24/25) to clarify drafting errors, but when members called the roll the result was five ayes and five nays. Chair Griffin announced the motion failed to carry and the committee did not return SB 11‑28 with a do‑pass recommendation.
The vote leaves the issue unresolved; sponsors and staff said they expect follow‑up and clarified language could be brought back, but ADEQ staff cautioned that any statutory prohibition on considering international emissions could limit tools available under the federal Clean Air Act and threaten federal‑state program primacy.
What happens next: Because the committee did not advance the measure, the bill will not move from this committee with a do‑pass recommendation unless sponsors refile or pursue other procedural paths. Supporters said they will continue to work on clarifying language and to provide ADEQ with requested analyses on the scope and sources of cross‑border emissions.
