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Legislative Updates 2003

"Our lives begin to end the day we become silent about things that matter."
— Martin Luther King, Jr.

To: Conservation Friends
From: Sandy Bahr, Conservation Outreach Director, Sierra Club
Date: January 24, 2003
Re: Legislative Update #2

Howdy! Thanks for making calls last week. I wanted to let you know that the first effort to undercut local control regarding quality of life issues was stopped in the Senate Government Committee. SB1012 pre-empts local control of signs and billboards. Senator Harper withdrew the bill when it appeared it would go down to defeat.

Don't forget that Environmental Legislative Day is scheduled for February 4, 2003 from 9am to 2pm. Please mark your calendars and r.s.v.p. by January 27. We are making up nametags and packets and need to have a good count of folks. You can contact me at 602-253-8633 or grand.canyon.chapter@sierraclub.org. Thanks!

Today or on Monday, please call members of the House Environment Committee and ask them to support HB2143 environment; cumulative risk and HB2144 environment; citizen suits environment; cumulative risk. HB2143 provides additional protection for areas that are targeted for heavily polluting facilities. It is a significant public health issue. HB2144 provides an important tool for the public to get our government to act to enforce laws passed by the legislature. Please contact the following representatives: John Allen, Alverez, Bustamante, Clark, Graf, Gray, Gullett, Hart, Huffman, Landrum Taylor, Rosati, and Tully. To email them go to http://www.azleg.state.az.us/MemberRoster.asp?Body=H and then click on their email addresses. For more information on the bills, see below.

Here's what's up at the legislature this week:

Monday, January 27th

House Committee on the Environment at 1:30 p.m. in HHR4
Presentations - Arizona Department of Environmental Quality, Underground Storage Tanks

HB2123 pollutant discharge elimination system; counties (Huffman, Gullett) allows the Arizona Department of Environmental Quality (ADEQ) to delegate the responsibility for inspecting and monitoring relative to the Discharge Elimination System Permits - these are required for point source discharges to surface waters. Sewage treatment plants, developments, and other facilities and activities are required to obtain these permits. The bill contains provisions that say a county cannot adopt requirements that are more stringent than the state or the Clean Water Act. The Clean Water Act specifically allows states to adopt a more stringent program. In order to achieve the goals of the Clean Water Act — to restore and maintain the chemical, physical and biological integrity of the nation's surface waters — we will have to do that. Without raising our standards over time, we will never obtain those goals. The state should consider implementing more stringent requirements to meet our particular needs and to ensure that our surface water quality is restored. The bill also says the county can't charge a fee for the costs of implementing the program. So, how are they going to pay for it? Delegation of the program to the states is currently being appealed, because of the state's failure to recognize its responsibility relative to threatened and endangered species. Delegation without funding would be one more reason to oppose it. This bill is premature at best.

HB2143 environment; cumulative risk (Loredo, Lopez L, Burton Cahill, et al) requires the consideration of the cumulative risk and impact of certain facilities or discharges -- includes aquifer protection permits, pollution discharge elimination system permits, air pollution, solid and hazardous wastes. This bill begins to address some of the environmental justice issues related to the siting of polluting facilities in the poor and minority areas of our cities and towns. The facilities are not allowed to increase the likelihood of harm to the public or the environment. We support this measure.

HB2144 environment; citizen suits (Loredo, Lopez L, Burton Cahill, et al) reinstates Arizona's citizen suit provisions which allow the public to take action if the state government refuses to enforce our environmental laws. This was an important component of the 1986 Environmental Quality Act and was in place through 1995. During that time, only four citizen suits were filed including one to clean up the pollution in Oak Creek from the Los Abrigados resort. We strongly support this measure

HB 2196 pollution prevention; reporting date (Hart) appears to be a vehicle bill.

House Committee on Transportation at 1:30 p.m. in HHR3
HB2287 appropriations; border transportation (Pierce) appropriates $1 million from the safety enforcement and transportation infrastructure fund (SETIF) in fiscal Year 2003-2004 for transportation projects pertaining to ports-of-entry on Arizona/Mexico border. It includes $300,000.00 for a scoping and engineering planning study for Nogales to determine the site of a new southbound connector road and border access to the new Mexico expressway in Nogales, Sonora; $250,000.00 for unforeseen contingencies at Nogales and the new Douglas Strategic Weigh-Inspection Station; $250,000.00 for a new City of Douglas Chino Road alternate truck route for trans-border truck traffic between Douglas and Agua Prieta; and $200,000.00 to build a new connector road to link to San Luis. We should watch these projects and proposals for their impact on our already ravaged border environment.

HB2292 county transportation; planning; excise tax (Pierce, Pearce, Chase, et al) provides for planning regarding continuing a tax for transportation. The measure would have to be referred to and voted on by the public. Do we really need more taxes for roads? We are watching this.

Tuesday, January 28^th

House Committee on Public Institutions and Counties at 8:30 a.m. in HHR5
HB2210 municipal annexation; county parks (Gullett, Nelson, Hanson, et al) limits a city or town's ability to annex a county park or other public land unless the supervisors agree to it. We support this measure. The cities ought not be able to cherry pick the county park systems.

House Committee on Appropriations at 1:00 p.m. in HHR1
Joint Legislative Budget Committee presentation - sure to be bad budget news.

HB2287 appropriations; border transportation (Pierce) SEE ABOVE.

Senate Committee on Government at 1:30 p.m. in SHR3
There is a bill (SB1070) relating to airport expansion - this is the battle of the titans (Phoenix and Tempe.)

Senate Natural Resources and Transportation at 1:30 p.m. in SHR1
They have the same bill on airport expansion and one relating to criminal penalties for those who set wildfires.

Wednesday, January 29^th

House Committee on Natural Resources, Ag, Water & Native American Affairs at 8:30 a.m. in HHR4
HB2084 state claims to streambeds (O'Halleran, Huffman, Carruthers, et al) is the latest in an 18-year saga regarding Arizona's failure to uphold its trust responsibility for streambeds that were navigable at the time of statehood. We would like to see this bill amended to address several issues. The bill allows private interests a second opportunity to gain control of public trust lands via a petition process. There are no provisions for individuals to petition that lands found not to be included as public trust lands be included as public trust lands because of their overwhelming importance to navigation, the environment, or for other reasons. The provision is clearly intended to allow dispensation of public trust resources to private interests. We are working with the Arizona Center for Law in the Public Interest to recommend amendments to the bill. The bill refers to a property rights advocate and added responsibilities despite the fact that position was de-funded. He has not been around for two years. Has anyone missed him?

Senate Committee on Appropriations at 1:30 p.m. in SHR109
Presentation on FY2003-2004 budget by JLBC. Oy!

SB1060 appropriation of federal monies (Bennett, Burns, Bee, et al) gives the legislature control over certain federal funds that come to the state agencies. This would affect dollars that Game and Fish receives and may prevent them from receiving funds via the Pittman Robertson Act from the U.S. Fish & Wildlife Service. Past governors opposed this as it grabs power from the executive branch.

Thursday, January 30^th

House Committee on Federal Mandates and Property Rights at 9:00 a.m. in HHR5

HB2084 state claims to streambeds (O'Halleran, Huffman, Carruthers, et al) SEE ABOVE.

Thanks! To email senators go to http://www.azleg.state.az.us/MemberRoster.asp and for house members to http://www.azleg.state.az.us/MemberRoster.asp#house. If you are not sure who your legislators are, please go to http://www.vote-smart.org/index.phtml or call the House or Senate information desks. 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. For more information on legislation go to the web page at www.azleg.state.az.us.

Page updated: 01/24/03

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