Committee advances HB2439 to exempt single-user cold plunges from ADEQ spa rules; some lawmakers raise public-health concerns

Summary

House Bill 2439 would exempt above-ground single-user public cold plunges from ADEQ spa rules; supporters described the change as clarifying and reducing regulatory burden for small businesses, while one senator expressed concern about semi-public devices and public-health oversight. The committee adopted a Bullock amendment and gave the bill a do-pass as amended (4 ayes, 2 nays, 1 not voting).

Sponsor explained that current ADEQ spa rules do not contemplate cold-plunge tubs and that including such devices in the definition of 'spas' has created a regulatory gray area with compliance costs for business owners.

Caitlin King, speaking for the County Supervisors Association, and Alexis Sustorf of Yuma County described a recent local case in which conflicting interpretations delayed inspections for a county building; they said HB2439 will create a clearer statutory process for intergovernmental agreements and reduce confusion for county public-health officials.

Senator Epstein voiced concern about semi-public cold plunges and the delegation of oversight, stating she wants the director to have a more prescriptive duty to adopt rules rather than permissive authority. The transcript records that language in the amendment removed an authorization for ADEQ rulemaking; Epstein explained her no vote as stemming from public-health qualms.

The committee adopted the amendment, moved the bill and recorded a do-pass-as-amended recommendation (4 ayes, 2 nays, 1 not voting).