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Political Action
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Legislative Updates 2002
To: Conservation Friends
From: Sandy Bahr, Conservation Outreach Director, Sierra Club
Date: March 29, 2002
Re: Legislative Update #11
Hi all! This week the Legislature began in earnest to pass along some
of the worst legislation from both an environmental and public interest
perspective. Several of the anti-initiative bills moved forward, measures
to give developers more power (as if they needed it) passed, and of course
measures to protect welfare ranching rolled through. I continue to be
amazed by the influence of the cattlemen at the Capitol (perhaps they
have a collection of "photos" of key leaders in this state.) SB1274
state land; leases and improvements (Martin, Brown, Arzberger, Guenther)
passed on reconsideration in the Senate (19-11). It is now headed to the
House where it will be a difficult task indeed to defeat it. Please
call and thank the following senators for voting no on the bill: Cummiskey,
Gerard, Hartley, Lopez, Mitchell, Richardson, Rios, Solomon, Valadez,
Verkamp and Yrun.
And regarding another bill, brought to us by our friends the cowboys,
please call House members and ask them to oppose HB2638. The bill
was amended to say that if any county adopts a conservation 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 for conservation and protect the quality of life in their communities.
The bill is now clearly aimed at undercutting conservation efforts as
well as Pima County's Sonoran Desert Conservation Plan. It is also probably
unconstitutional.
Please ask House members to vote no on HB2162 state land; planning
and administration (Flake, Gleason, Guenther, et al). It will promote
more sprawl on state trust lands. And how is that in the best interest
of the trust? The bill makes numerous changes to the urban lands act.
It says leapfrog development and sprawl are fine with the land department
as long as it is in the cities' or counties' plans. This will probably
go to the House Floor this week.
Bill Updates:
HB2048 game and fish commission; continuation (O'Halleran, Burton
Cahill, Clark, et al) continues the game and fish commission and director
until 2012. It has been stuck in the Senate for several weeks -- makes
me wonder if shenanigans are afoot. Perhaps they are planning to just
fold the agency into the Department of Agriculture.
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. Despite a somewhat inane
amendment by Salt River Project, the bill is still positive and it is
moving forward to the Senate Floor.
HB2501 emissions testing; motorcycles (Cooley, Giffords, Chase, et
al) has a strike everything amendment that says ADEQ must ask EPA to exempt
motorcycles and collectable vehicles from the emissions testing requirements.
That means the agency must request this exemption irrespective of its
findings. We think there should be some language that indicates that the
Department make this request only if it determines that continuing the
emissions testing of these vehicles does not provide a significant air
quality benefit. The bill will probably go to the Floor this week.
SB1329 referendum; required signatures (Mitchell: Arzberger, Brown
et al) authorizes the use of an alternative basis for computing the number
of necessary signatures required to file a referendum petition in a municipal
election. It would effectively allow cities and towns to change the basis
for calculating the number of signatures from 10% of the people who voted
at the last election to 10% of ALL registered voters in the city
or town. These numbers would be overwhelming. It takes away one more tool
that citizens' have to stop measures at the local level. It passed out
of the Senate 18-9-3.
SB1354 protected development rights; procedures (Guenther, Brown,
Weiers, et al) allows cities and towns to establish an ordinance to give
a protected development right without indicating it is a protected development
right up front. This will give developers additional leverage in a process
where they already have enormous power and will not serve the interests
of the public and the public's need for information. This sailed out of
the Senate this week.
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 had 17 years to establish navigability and determine ownership
of the streambeds. Instead of really addressing the issue, the legislature
and this commission have tried repeatedly to give away these streambeds.
We think they should get on with it and fear that this bill will just
mean more delays. This goes to the House now.
HCR2029 tax increase by initiative; vote (Farnsworth, Pearce, Pierce,
et al) refers to the ballot a measure that requires that any initiative
or referendum that provides for a net increase in state revenues is effective
only with a two thirds vote. Basically, it would prevent anything
like the Heritage Fund, which is widely supported by the public, from
ever happening again. This failed in the House Ways and Means Committee
4-6, but we need to watch for reconsideration of this as well. Please
thank Representatives Camarot, Cheuvront, Giffords, Huffman, Landrum Taylor,
and Leff for opposing it.
HCR2036 initiative; appropriations; return to ballot (Marsh, Johnson;
Blendu) says that any measure that allocates money from the general fund
has to be submitted again to the voters every ten years. This was reconsidered
in the House Committee on Military, Veteran Affairs and Aviation and passed
6-4. Please thank Representatives Chase, Lopez, Lugo, and Sedillo for
opposing this bill.
Coming up in the legislature this week:
Several committees are not meeting including Senate Natural Resources,
Agriculture and Environment Committee, House Environment, and House Natural
Resources and Agriculture.
MONDAY
House Committee on Appropriations at 9:00 a.m. in HHR1
HB2560 air quality fund; control measures (Gullett, Huffman, Loredo,
et al) continues the new vehicle emissions in lieu fee for an air quality
fund. The funds can be used for air quality research for improving or
maintaining attainment status and specifically reducing emissions of particulate
matter, carbon monoxide, oxides of nitrogen, volatile organic compounds,
and hazardous air pollutants. WE SUPPORT IT.
TUESDAY
Senate Committee on Judiciary at 1:30 p.m. in SHR1
HCR2012 State lottery; continuation (Allen, O'Halleran, Huffman et
al) refers to the ballot a continuation of the lottery. As this is the
only state based funding for many wildlife and parks programs via the
Heritage Fund, we strongly support its continuation.
WEDNESDAY
House Committee on Energy, Utilities and Technology at 9:00
a.m. in HHR5
SB1117 school buses; alternative fuels (Smith: Bennett) is a measure
which exempts schools from meeting alternative fuel goals for school buses.
WE OPPOSE IT.
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 go to http://www.arizonasenate.org/members.html
for the Senate and to http://www.azleg.state.az.us/members/45leg/house.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: 03/29/02
Back to 2002 Legislative Updates page
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Sierra Club, Grand Canyon Chapter, 202 E.
McDowell Rd, Suite 277, Phoenix, AZ 85004, (602) 253-8633
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