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Legislative Updates 2003To: Conservation Friends From: Conservation Outreach Director, Sierra Club Date: March 21, 2003 Re: Legislative Update #10 Hi all! There was some good news at the Legislature this week. Both so-called budget stabilization acts failed; HCR2011 failed in the House on a Third Read 26-34 and SB1003 failed in the Senate Committee of the Whole13-17. Among other things, these bills allow the Legislature to proportionately adjust the amount of monies approved by an initiative or referendum in any fiscal year where state revenues failed to exceed revenues from the previous year. In the House, all 20 Democrats and 14 Republicans voted against the measure. Republicans opposing it included representatives: Arnold, J. Burns, Carpenter, Carruthers, Hanson, Hershberger, Hubbs, Huffman, Huppenthal, Gullett, McClure, O'Halleran, Nelson, and Wagner. In the Senate, all 13 Democrats voted against the measure and Senators Allen, Binder, Hellon, and Mead. Please call and thank your legislators if they voted no. In other good news, HCR2017 initiatives filing date (Quelland, Allen J, Johnson, et al) failed in the Judiciary Committee 4-4-1. This bill moves the date when signatures must be filed from four months before the election to seven months before the election. Please call or email and thank Senators Aguirre, Binder, Brotherton, and Miranda for opposing it. Unfortunately, the legislature and the governor had their first success in swiping Heritage Fund dollars this past week. They took 10.2 million from the Game and Fish habitat acquisition dollars. After defending it successfully 28 times, apparently number 29 was the charm. I am very concerned about what they will attempt in 2004 budget. In addition to expressing disappointment to the governor and legislators regarding this raid, you should also let the Game and Fish Commissioners know that you expect them to spend these dollars as the public has mandated -- for acquisition of habitat for threatened and endangered species. This week please call Senate Judiciary members and ask them to oppose HCR2009 and HCR2024 (Details under Judiciary.) Senators on the committee include: L Aguirre, Bee, Binder, Brotherton, Jarrett, Miranda, Rios, Verschoor, and Weiers. Here's what's up at the legislature this week: Monday, March 24th House Committee on the Environment at 2:00 p.m. in HHR4 SB1191 emissions inspections; alternative fuel vehicles (Binder) exempts alternative fuel vehicles in fleets from emissions for the first three years. Regular new vehicles are exempt for the first five years. This should have limited impact. SB1243 environment; remediation; engineering controls (Allen: Binder, Giffords) relates to a declaration of environmental use restriction (DEUR) on property that is not cleaned up to residential (the most stringent) standards. It requires that an owner of property with an engineering or institutional control (a cap is one example) to provide proof of financial assurance. It requires sellers of property that is subject to a DEUR to notify ADEQ of the sale and requires the buyer to commit in writing to comply with the DEUR. This is an improvement and tightening up of this aspect of the law. SB1282 wildlife diseases; agency orders (Cannell R, O'Halleran, Carruthers, et al) gives the Arizona Game and Fish Department the authority to take emergency actions in order to prevent or limit wildlife diseases. SCR1012 military base preservation initiative (Blendu, Binder, Martin, et al) allows the state land commissioner to trade away state trust land and open up more public land to development. The voters have rejected land exchange ballot measures five times already and most recently rejected this exact language on the ballot last fall when it appeared as Proposition 101. Land exchanges almost always result in the public getting a bad deal. The title of the bill is misleading at best. Tuesday, March 25th Senate Natural Resources and Transportation at 1:30 p.m. in SHR1 HB2088 well administration and enforcement (O'Halleran, Carruthers, Gullett, et al) requires a fee for a notice of intent to drill a well. This fee will be used for monitoring and enforcement. We support it. HB2196 pollution prevention; reporting date (Hart) has a strike everything amendment for the Rock Products Associaztion relating to land use plans: industrial minerals. HB2328 income tax checkoff; state parks (Graf, Pearce: Biggs) establishes an income tax check off for a state parks enhancement fund for capital improvements. It is only available to those who file tax forms electronically. We support this. HB2381 safe drinking water act (Hart) requires that the Arizona Department of Environmental Quality rules regarding public drinking water systems comply with the federal safe drinking water act. It is such a basic requirement; it is kind of amazing that it was not in the law before. We support this. HB2476 agricultural water rights; protected farmland (O'Halleran, Mason) establishes a class of protected farmland under the groundwater management code and makes it exempt from water duty reduction if it has a conservation easement. Considering that agriculture has done very little relative to conservation, I wonder why this is even necessary. HB2478 water status report; DWR (O'Halleran, Flake, Carruthers et al) requires the Department of Water Resources to brief the committee responsible for water regarding drought, water supplies, etc. This is a good idea. We support it. HB2479 forest status reports (O'Halleran, Flake, Laughter, et al) requires the state forester (land commissioner) to brief legislators on forest management. This is also a good idea. HB2480 multijurisdictional water facilities districts (O'Halleran, Hershberger, Burns J, et al) provides for the establishment of multijurisdictional water facilities for constructing and operating water facilities. Because they can already do this, I do not understand why this bill is necessary. Senate Committee on Government at 1:30 p.m. at SHR3 HB2308 eminent domain (Farnsworth, Pearce Graf, et al) limits cities' ability to use eminent domain for redevelopment to only areas that are considered slum or blighted. They must also hold on to the property for at least ten years. HB2324 state building; energy conservation standards (Graf: Downing, Jayne, et al) requires the state to reduce energy consumption in state buildings by 10% by 2008 and 15% by 2011. It also requires the purchase of EnergyStar products unless it is shown that they are not cost effective over their lifetime. It also updates the energy conservation standards reference for state buildings. We support this bill. Wednesday, March 26th Senate Committee on Judiciary at 8:30 a.m. in SHR1 HCR2009 tax increase by initiative; vote (Biggs, Johnson, Pearce, Graf, et al) requires that an initiative or referendum that would increase state revenues have a two-thirds vote on the ballot. Considering very few measures pass with a two-thirds vote, this would effectively hamstring efforts to get additional funding for preservation, wildlife, or any other program. HCR2024 voter approved expenditures; limitations (Konopnicki, Pearce, Graf) allows the Legislature to undercut voter approved measures by allowing it to proportionately reduce an appropriation for a specific purpose if the monies approved for the purpose are insufficient to cover all of the costs. The Legislature could always say there was not enough money in the general fund and easily divert dollars for conservation, health care, and education to other purposes. House Committee on Natural Resources, Ag, Water & Native American at 9:00 a.m. in HHR4 SB1243 environment; remediation; engineering controls (Allen: Binder, Giffords) See above. SB1282 wildlife diseases; agency orders (Cannell R, O'Halleran, Carruthers, et al) See above. Senate Committee on Commerce at 9:00 a.m. in SHR3 HB2084 state claims to streambeds (O'Halleran, Huffman, Carruthers, et al) makes a minor change to give the land department more time to issue a notice relative to the finding of navigability. It clarifies that an appeal can occur after the Arizona Navigable Streambed Adjudication Commission makes it determination. I am watching this for amendments. 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 http://www.azleg.state.az.us/. Page updated: 03/21/03 Back to 2003 Legislative Updates page Sierra Club, Grand Canyon Chapter, 202 E. McDowell Rd, Suite 277, Phoenix, AZ 85004, (602) 253-8633 |