Arizona HB 2439: public cold plunge; rules; exemption

Bill Text

Chapter 0095 - 572R - S Ver of HB2439 

 Senate Engrossed 
 House Bill

 public cold plunge; 
 rules; exemption

 State of Arizona

 House of Representatives

 Fifty-seventh Legislature

 Second Regular Session

 2026

 CHAPTER 95

 HOUSE BILL 2439

AN 
ACT

Amending section 49-104, Arizona Revised 
Statutes; RELATING to the department of environmental quality.

(TEXT OF BILL BEGINS ON NEXT PAG

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 49-104, Arizona Revised 
Statutes, is amended to read:

START_STATUTE49-104. Powers and duties of the department and director

A. The department shall:

1. Formulate policies, plans and programs to 
implement this title to protect the environment.

2. Stimulate and encourage all local, state, 
regional and federal governmental agencies and all private persons and 
enterprises that have similar and related objectives and purposes, cooperate 
with those agencies, persons and enterprises and correlate department plans, 
programs and operations with those of the agencies, persons and enterprises.

3. Conduct research on its own initiative or at the 
request of the governor, the legislature or state or local agencies pertaining 
to any department objectives.

4. Provide information and advice on request of any 
local, state or federal agencies and private persons and business enterprises 
on matters within the scope of the department.

5. Consult with and make recommendations to the 
governor and the legislature on all matters concerning department objectives.

6. Promote and coordinate the management of air 
resources to ensure their protection, enhancement and balanced utilization use consistent with the environmental policy of this state.

7. Promote and coordinate the protection and 
enhancement of the quality of water resources consistent with the environmental 
policy of this state.

8. Encourage industrial, commercial, residential and 
community development that maximizes environmental benefits and minimizes the 
effects of less desirable environmental conditions.

9. Ensure the preservation and enhancement of 
natural beauty and man-made scenic qualities.

10. Provide for the prevention and abatement of all 
water and air pollution including that related to particulates, gases, dust, 
vapors, noise, radiation, odor, nutrients and heated liquids in accordance with 
article 3 of this chapter and chapters 2 and 3 of this title.

11. Promote and recommend methods for the recovery, 
recycling and reuse or, if recycling is not possible, the disposal of solid 
wastes consistent with sound health, scenic and environmental quality policies. 
The department shall report annually on its revenues and expenditures relating 
to the solid and hazardous waste programs overseen or administered by the 
department.

12. Prevent pollution through regulating the 
storage, handling and transportation of solids, liquids and gases that may 
cause or contribute to pollution.

13. Promote the restoration and reclamation of 
degraded or despoiled areas and natural resources.

14. Participate in the state civil defense program 
and develop the necessary organization and facilities to meet wartime or other 
disasters.

15. Cooperate with the Arizona-Mexico 
commission in the governor's office and with researchers at universities in 
this state to collect data and conduct projects in the United States and Mexico 
on issues that are within the scope of the department's duties and that relate 
to quality of life, trade and economic development in this state in a manner 
that will help the Arizona-Mexico commission to assess and enhance the 
economic competitiveness of this state and of the Arizona-Mexico region.

16. Unless specifically authorized by the 
legislature, ensure that state laws, rules, standards, permits, variances and 
orders are adopted and construed to be consistent with and not more stringent 
than the corresponding federal law that addresses the same subject 
matter. This paragraph does not adversely affect standards adopted 
by an Indian tribe under federal law.

17. Provide administrative and staff support for the 
oil and gas conservation commission.

B. The department, through the director, shall:

1. Contract for the services of outside advisers, 
consultants and aides reasonably necessary or desirable to enable the 
department to adequately perform its duties.

2. Contract and incur obligations reasonably 
necessary or desirable within the general scope of department activities and 
operations to enable the department to adequately perform its duties.

3. Use any medium of communication, publication and 
exhibition when disseminating information, advertising and publicity in any 
field of its purposes, objectives or duties.

4. Adopt procedural rules that are necessary to 
implement the authority granted under this title but that are not inconsistent 
with other provisions of this title.

5. Contract with other agencies, including 
laboratories