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Legislative Update #2, January 12, 2002

by Sandy Bahr, Conservation Outreach Director, Sierra Club

To: Conservation Friends
From: Sandy Bahr, Conservation Outreach Director, Sierra Club
Date: January 25, 2002
Re: Legislative Update #2

Hi all! The Governor has again put the Heritage Fund back on the chopping block. There are also a number of folks in the legislature who are starting to waiver. This week, please call your senator and representatives and ask them to oppose any efforts to take a portion of the Heritage Fund. Tell them the Heritage Fund supports important programs for protection of habitat for Arizona's wildlife; historic preservation and preservation of archaeological sites; creation and improvement of community and state parks; and environmental education. Since its passage, thousands of school children throughout the state have benefited from "schoolyard grants" and the creation of dozens of community parks. The Heritage Fund has already suffered significantly -- revenues to the fund from the lottery are down 20%. This measure was approved by the voters and should get extra consideration, plus once the legislature starts taking the money, it will be the death knell for this fund.

There was also good news this week, the Senate Government Committee rejected SCR1001 initiative and referendum; appropriations (Cirillo: Bennett, Daniels, et al), which would have referred to the ballot a constitutional amendment that prohibited initiatives that include appropriation of monies. That's one down. Please thank those senators if you have a chance. They include senators: Mitchell, Martin, Gerard, Burns, Jackson, and Rios.

The bad news is the Senate Natural Resources, Agriculture and Environment Committee passed along the recommendation for Joe Melton to the Game and Fish Commission. Mr. Melton has expressed opposition to establishing national monuments, protecting predators and reintroducing Mexican gray wolves, and generally to anything that looks at wildlife more holistically. You really can't blame the senate for his nomination; however, it is Governor Hull's hostility to proper wildlife protection and management that is the real problem.

Coming up in the legislature this week:

MONDAY

House Committee on Transportation at 1:30 p.m. in HHR2

HB2502 state transportation board (Cooley, Pearce, Pierce, et al) changes the make up and mission of the state transportation board and actually includes language about multi-modal transportation. This means they will look at something other than just roads.

TUESDAY

House Committee on Counties and Municipalities at 9:00 a.m. in HHR5

HB2105 county infill incentives (Huffman, Hershberger, Valadez, et al) allows counties to establish infill areas where they can provide for infill incentives. This can help limit sprawl and encourage development in areas where the infrastructure already exists. Sounds like a good idea to me.

HB2107 native plant salvage in counties (Huffman, Hershberger, Gullett, et al) allows non-profit entities to collect native plants for salvage, but only if the plants are threatened by development or some other removal. This is a good idea.

HB2378 parks and recreation district (McClure, Somers, Binder, et al) allows the counties to establish special parks and recreation districts in unincorporated areas if there is a petition from ten percent of the qualified electors in the county.

House Committee on Retirement and Government Operations at 10:00 a.m. in HHR3

HCR2018 initiative and referendum; filing requirements (McClure: Huppenthal, Andersen, et al) requires that a certain percentage of the signatures for an initiative measure come from five different counties. It's hard enough to gather the required signatures without trying to make sure you have all the percentages from the counties right. WE OPPOSE THIS --AGAIN.

HB2381 initiative and referendum; pamphlet; signatures (McClure; Anderson, Binder, et al) requires the secretary of state to produce an official title for the initiative, require a legislative council review of the measure, and would hold the campaign committee liable for the county's costs (not to exceed 50 cents per signature) for examination and verification of the signatures if more than a third of the signatures that are turned in are invalid. WE OPPOSE THIS AND THE OTHER EFFORTS TO LIMIT CITIZENS' RIGHTS TO INITIATIVE AND REFERENDA.

House Committee on Environment at 1:00 p.m. in HHR5

The following bills are just vehicle bills, meaning they will be used for strike everything amendment is necessary: HB2001 air pollution; jurisdiction; Indian lands (Allen), HB2002 Chlorofluorocarbons; repeal (Allen), HB2133 environmental quality; reports (Gullett, Huffman, O'Halleran), and HB2442 voluntary vehicle repair and retrofit (Allen).

The real bills include:

HB2104 county acquisition of development rights (Huffman, Hershberger, O'Halleran, et al) allows counties to purchase or lease development rights. It will probably be amended to allow only purchase, so counties don't get in the land speculation business.

HB2107 native plant salvage in counties (Huffman, Hershberger, Gullett, et al) See above.

WEDNESDAY

House Committee on Energy, Utilities and Technology @ 9:00 a.m. in HHR5

HB2457 sales tax; contractor's solar exemption (Graf, Pierce, Kraft, et al) makes clarifying changes to this sales tax exemption, which, unlike the alternative fuels program, has a cap on it.

House Committee on Natural Resources and Agriculture @ 9:00 a.m. in HHR4

HB2063 water resources; annual report (Gleason) changes the date when this report must be filed.

HB2160 state forester; excess liability funding (Flake, Gleason, Brown et al) allows the governor to grant the state land department the authority to spend more than is budgeted for fighting wild fires.

HB2161 state trust land conservation exchanges (Flake, Gleason, Brown, et al) is a bill that helps set parameters for land exchanges involving state trust lands should the voters approve the constitutional amendment this fall. I don't see any problem with the bill itself, but the language here can be changed legislatively at any time and it is the actual constitutional amendment about which we have concerns. The bill says public hearings are required, that an analysis is required, and that two appraisals are required. It still does not say anything about three-way trades or how much of the state trust land would have to be conserved. Both of these raise concerns for us.

HB2162 state land; planning and administration (Flake, Gleason, Guenther, et al) makes numerous changes to the urban lands act. It changes the definition of leapfrog development. Under the new definition, Anthem would not be considered leapfrog development. It says as long as the developer is providing financing for "those facilities and services," it's not leapfrog development. I wonder if widening I-17 or providing mass transit would qualify as facilities and services. It also says that infrastructure that crosses identified open space is not leap frog development. The bill redefines urban sprawl to say that urban sprawl is not a development where it requires the extension of facilities and services across conserved areas and again if the developer is providing financing for facilities and services. This is a bit Orwellian in book. In the rights-of-way language, it allows the land commissioner to grant rights-of-way to any person for a term of up to fifty years without public auction (and without any kind of public review). It eliminates the requirement for two appraisals of commercial leases if the former lessee has a vested preferred right. It requires Arizona Preserve Initiative petitioners who are petitioning based on cultural reasons to provide a cultural report describing the results of a survey performed per the Arizona Antiquities Act. It removes the public hearing requirements relative to secondary plans. It requires notice to beneficiaries about conservation reclassification. That part is fine. We have concerns about this bill and will be meeting with the Land Department next week to discuss them.

THURSDAY

Senate Natural Resources, Agriculture and Environment at 8:30 a.m.

The agenda is not yet posted so we don't know what new bills they will consider, but here are the bills on which they will be voting:

SB1008 shooting ranges; noise standards (Smith) would limit cities and counties ability to restrict shooting ranges. We are supportive of keeping shooting ranges in order to limit more shooting in the public lands and will be looking to work with folks to develop a bill that will limit urban encroachment on the ranges.

SB1083 water development block grant (Brown, Arzberger, Aguirre, et al) establishes a program for getting dollars to rural communities for water development.

Thanks for all your help!

For more information on legislation go to the web page at www.azleg.state.az.us. If you're outside the Phoenix area, you can call your legislator's office toll free at 1-800-352-8404. In the Phoenix area call (602) 542-3559 (Senate) or (602) 542-4221 (House). Correspondence goes to 1700 W. Washington, Phoenix, AZ 85007-2890. To email legislators use first initial+ 7 letters of surname@azleg.state.az.us. If you are not sure who your legislators are, please go to www.vote-smart.org or call the House or Senate information desks.

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Sierra Club, Grand Canyon Chapter, 202 E. McDowell Rd, Suite 277, Phoenix, AZ 85004, (602) 253-8633