|
|||
| Political Action |
Legislative Updates 2002"Over the long haul of life on this planet, it is the ecologists, and not the bookkeepers of business, who are the ultimate accountants." — Stewart Udall, former Secretary of Interior To: Conservation Friends Howdy! The budget impasse at the legislature continues and I cannot say I am sorry about that. As the clock ticks, it may be that they decide they do not need some of these bills and a few of the bad bills will have to drop out. It would be nice if they just didn't do any harm this year. Speaking of harm, please call House members and ask them to oppose HB2638. This anti-planning bill has been assigned to the House Natural Resources and Agriculture Committee and will be heard this week if they actually meet. The bill says that if any county adopts a planning designation in its comprehensive land use plan or a zoning regulation that causes a reduction in use or value of property of ten percent or more then that is considered a taking and the property owner is entitled to compensation. If HB2638 passes, it will result in a lot more litigation and will be costly to counties (county taxpayers) that are trying to plan and zone to protect the quality of life in their communities. A plan designation does not rezone a person’s property and does not reduce the value of a person’s property. Individuals do not have a right to speculate at taxpayer expense about a possible rezoning of their property in the future. The bill is aimed at undercutting the Sonoran Desert Conservation Plan and other real planning efforts. I wanted to let those of you who have been following the Governor's Water Management Commission and the water bills in the legislature that the Commission's recommendations have been pulled. This has a lot to do with the opposition from the Realtors' Association, an entity whose leadership never saw an environmental protection it liked. They opposed the riparian protection aspects of the bill. Oh well, I suspect we will all have better luck in court and it appears to be the only way the legislature will deal with critical environmental issues. And they wonder why people sue or run initiatives. Coming up in the legislature this week (as a best guess): MONDAY Committee Hearings have been canceled. TUESDAY House Committee on Counties and Municipalities at 7:30 a.m. in HHR5 HB2266 municipal zoning change; protest; requirements (Somers) changes the statues regarding a zoning protest and says that if a protest is filed by a single property owner who owns twenty percent or more of the areas in which the protest is allowed, then there must be a protest by at least one owner in another area. A person's ability to rezone is not blocked if the protest level is achieved; it simply kicks in the supermajority requirement so if the proposal is good enough, it will presumably be approved by the council. There's no reason for this change. WE OPPOSE IT. House Committee on Ways and Means at 8:49 a.m. in HHR4 HB2106 property tax classification; conservation easement (Huffman, Hershberger, Gullett, et al) lowers the rate at which property will be taxed if it has a conservation easement. This seems like a good idea. HCR2029 tax increase by initiative; vote (Farnsworth, Pearce, Pierce, et al) refers to the ballot a measure that requires a two-thirds vote for any initiative or referendum that would provide for a net increase in state revenues. Here we go again. It is difficult to get a two-thirds vote on anything. WE OPPOSE IT. House Committee on Retirement and Government Operations at 9:00 a.m. in HHR3 HB2487 EMINENT DOMAIN (Farnsworth, Pearce, Anderson, et al) changes the conditions under which cities can use eminent domain in redevelopment areas -- limits it to elimination of slum or blight. House Committee on Environment at 1:00 p.m. in HHR5 HB2125 chemical fires response coordination (Landrum Taylor, Lopez L, Chase, et al) requires cities with a population of 75,000 or more persons to work with the state fire marshal to establish a permitting process that identifies and tracks commercial and industrial buildings that use or have hazardous materials on site. WE SUPPORT IT. HB2127 Hazardous chemical; right to know (Landrum Taylor, Lopez L, Chase, et al) provides for electronic filing of emergency and hazardous chemical inventory forms. WE SUPPORT IT. HB2130 hazardous waste facility; notice hearing (Gullett, Huffman, O'Halleran) is a vehicle bill, I believe. HB2315 waste permits; disparate impacts (Loredo, Avelar, Lugo, et al) will have a strike everything amendment to set up a study committee regarding how permitting of hazardous waste and solid waste facilities has a disparate impact on minority communities. WE SUPPORT THE BILL. HB2545 environment; cumulative risk (Loredo, Lugo, Clark, et al) will have a strike everything amendment limiting the amount of time a hazardous waste facility can operate with a temporary permit. WE SUPPORT THIS. HB2560 air quality fund; control measures (Gullett, Huffman, Loredo, et al) continues the new vehicle emissions fee and puts it into the air quality fund. It requires that these dollars only be used for the specific purposes outlined in the bill and specifically for Area A (Phoenix area) and Area B (Tucson area). The funds can be used for air quality research for improving or maintaining attainment status and specifically reducing emissions of particulate matter, carbon monoxide, nitrogen dioxide and volatile organic compounds. The measures that are included in the bill include a voluntary lawn and garden equipment emissions reduction program, a voluntary vehicle repair and retrofit program, the diesel vehicle low emission incentive grant program, and other measures that have been evaluated by ADEQ. This overall seems like a positive bill to me. WE SUPPORT IT. HB2563 water quality fund transfers; repeal (Huffman, Allen, Miranda, et al) repeals the transfer of funds from the Water Quality Assurance Revolving Fund that was passed in the special session. HB2585 air quality; regional haze program (Huffman, Allen, Gullett, et al) allows the ADEQ to begin a regional haze program designed to identify and reduce pollution around Class I areas including places like the Grand Canyon National Park. The program will include monitoring, reduction of stationary and mobile emission sources, etc. This also may have a strike everything amendment. HB2622 fire department; electronic reporting (Landrum Taylor, Giffords, Burton Cahill, et al) requires facilities that are subject to the emergency response regulations in cities with 75,000 or more persons to file an electronic format hazardous material inventory state and hazardous material management plans. This seems like a fine idea. House Committee on Public Institutions and Rural Affairs at 1:00 p.m. in HHR4 HB2106 property tax classification; conservation easement See above. HB2594 water exchanges (Gleason) expands the conditions under which water exchanges can occur. WEDNESDAY Senate Committee on Commerce at 8:30 a.m. in SHR1 SB1339 state agencies; administrative procedures (Burns, Bennett, Arzberger, et al) is part of another "regulatory reform" package. Among other things, it says that agency rules become effective after ninety days unless certain conditions are met that would justify the rules becoming effective immediately. One of those reasons is that it is a less stringent rule. I think this is simply ridiculous. Haven't the big business interests squeezed enough out of this state yet? WE OPPOSE THIS. House Committee on Natural Resources and Agriculture @ 9:00 a.m. in HHR4 HB2064 will have a strike everything amendment dealing with general industrial use permits. HB2162 state land; planning and administration (Flake, Gleason, Guenther, et al) makes numerous changes to the urban lands act. It will be amended to say leapfrog development and sprawl are fine with the land department as long as it is in the cities' or counties' plans. WE STILL OPPOSE THIS BILL. HB2601 growing smarter; planning and zoning (Huffman, Allen, Arzberger, et al) makes changes to the required water element for general plans -- they have to identify the known legally and physically available water in the plans and include an analysis of how the demands for water associated with growth will be met. It states that no additional hydrogeological studies are required. It extends the deadlines for adopting new general plans to December 2003 and requires that they continue to refer the plan until they get approval. This does little to a program that does nothing. HB2638 local planning; grazing protection (McClure, Brimhall, Clark, et al) has nothing to do with protecting grazing and everything to do with picking our pocketbooks and limiting our ability to protect our quality of life. See above. HB2643 water protection fund; surcharge (O'Halleran) redirects, from the state general fund to the water protection fund in FY 2002-2003, revenues collected from the surcharge on leased Colorado River water. This at least restores a funding source for this program. WE SUPPORT IT. HB2649 land conservation fund allocation (Nelson, Hanson, Kraft, et al) allows State Parks to grant more than fifty percent of the Growing Smarter dollars to one county provided that the applications from all counties do not exceed the available dollars. I believe this is to address the fact that they cannot allocate these dollars because small communities and smaller counties cannot come up with the match. Prop 202 eliminated this match requirement. HB2655 aggregate mining community notice (Farnsworth) gives the state mine inspector more responsibility relative to sand and gavel operations and requires a community notice. It is unlikely that this will change much. The mine inspector is not strong relative to enforcement and mining operations. House Committee on Energy, Utilities and Technology @ 9:00 a.m. in HHR5 HB2693 clean power development (Graf, Chase, Flake, et al) will have a strike everything amendment on it. This amendment should make it state policy to encourage greater use of distributed electrical generation, clean energy resources, and energy efficiency. It also extends the renewable portfolio requirements to Salt River Project, among other things. I have not seen the final strike everything, but we like what we have seen. THURSDAY Senate Natural Resources, Agriculture and Environment at 8:30 a.m. in SHR1 (Best guess at the agenda.) SB1274 state land; leases and improvements (Martin, Brown, Arzberger, Guenther) will be amended to turn this into a vehicle bill. Apparently, the Cattlemen and the State Land Department (but I repeat myself) are working out some deal and will be providing an amendment to make it more difficult and more expensive for conservationists to bid on grazing leases. WE OPPOSE THIS. SB1353 Arizona agricultural heritage act (Guenther, Arzberger, O'Halleran, et al) establishes the Arizona Agricultural Heritage Commission and the Arizona agricultural heritage fund within the Department of Agriculture, for the purpose of purchasing agricultural easements. This is the Nature Conservancy's bill. SB1368 navigable stream adjudication commission; continuation (Guenther, Arzberger, Brown, et al) continues this commission until 2006. The state has been irresponsible with our streambeds and its public trust responsibility. It has been 17 years since the attorney general and the courts told the state that it had a responsibility for the streambeds. Since then, the legislature, this commission, etc. has done nothing to demonstrate any responsibility for these streambeds. WE OPPOSE THIS BILL, BECAUSE WE OPPOSE THIS CONTINUED FOOT DRAGGING. Discussion Only SB1354 protected development rights; procedures (Guenther, Brown, Weiers, et al) removes the authority of cities, counties and towns to specify which types of plans are protected development right plans. It also says something could become a protected development right if it was approved by staff, not the legislative body. This is another terrible bill and is similar to the one that Wal-Mart pushed last year. WE OPPOSE IT. SB1363 omnibus water bill makes a number of administrative changes -- a lot of them dealing with paperwork. It reduces the size of a parcel of land (from 20 acres or less to 5 acres or less) that triggers the submittal of a well site plan showing the location of any septic or sewer systems with the notice of intention to drill for domestic wells. This is a good idea. There are too many wells too close to septic systems. Yuk! SB1375 methamphetamine labs; clean up guidelines (Martin, Cirillo) requires the ADEQ to establish standards of practice for the remediation of contamination caused by the production of methamphetamines or other street drugs. SB1408 water protection fund; surcharge (Guenther) redirects, from the state general fund to the water protection fund in FY 2002-2003, revenues collected from the surcharge on leased Colorado River water. This at least restores a funding source for this program. WE SUPPORT IT. SB1410 water management authority; Santa Cruz (Guenther, Arzberger: Bennett, et al) allows the formation of a Water Management and Importation Authority in each active management area. Are they trying to limit DWR's control relative to groundwater in this area? SB1411 biodiesel fuel; regulation (Bennett, Guenther, Richardson, et al) requires biodiesel testing and standards. This is a good idea. SCR1014 state land exchanges; local governments (Bee, Arzberger, et al) refers to the ballot a measure which allows state trust land to be exchanged for lands owned by counties, cities, towns and school districts for a public use. We are not convinced this is a particularly good idea. What is a public use? A new Wal-Mart? The public is overall very skeptical about exchanges and this measure leaves it wide open for abuse. WE OPPOSE IT. House Committee on Military, Veteran Affairs and Aviation at 9:00 a.m. in HHR5 HCR2036 initiative; appropriations; return to ballot (Marsh, Johnson; Blendu) is another attempt to limit citizens' rights to the initiative and referendum process. It says that any measure that allocates from the state general fund has to be submitted again to the voters every ten years. This process is so painful and difficult that I can't imagine having to resubmit measures every ten years. The legislature can re-refer a measure AT ANY TIME, if it has the votes. WE OPPOSE THIS.
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). To email legislators go to http://www.arizonasenate.org/members.html for the Senate and to http://www.426-hemi.com/cars/azhouse.htm for the House. If you are not sure who your legislators are, please go to www.vote-smart.org or call the House or Senate information desks. Page updated: 03/08/02Back to 2002 Legislative Updates page Sierra Club, Grand Canyon Chapter, 202 E. McDowell Rd, Suite 277, Phoenix, AZ 85004, (602) 253-8633 |