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Legislative Updates 2003To: Conservation Friends From: Conservation Outreach Director, Sierra Club Date: April 25, 2003 Re: Legislative Update #15 Hi all! The number of bills remaining has dwindled and the new draft FY2004 budget is out. The common refrain at the Capitol was, "That took them two weeks?" This budget is basically a rehash of what they put out before with a nip and tuck here and there. As expected, they hit the Heritage Fund hard for $10 million dollars. In fact, in looking at the fund transfers, it appears that environmental programs were hit disproportionately. In addition to swiping the Heritage Fund, they propose taking $5 million from the Water Quality Assurance Revolving Fund, $10 million from the State Lake Improvement Fund, and $12 million from the Clean Air In-lieu fund. They also zeroed out the Water Protection Fund for the third year in a row. That fund is dead. Please call legislators and ask them to leave the Heritage Fund alone before it meets the same fate! Also, please keep calling senators about opposing HB2436 AND HCR2022. HB2436 municipal ballot measures; required signatures (Arnold: Chase, Flake, et al) authorizes the use of an alternative basis for computing the number of signatures required to file a referendum petition in a municipal election in cities and towns with 100,000 or fewer people. It allows these cities and towns to change the basis for calculating the number of signatures from 10% of the people who voted in the last election to 10% of ALL registered voters. It makes it very difficult to do a referendum. They should work on increasing voter turnout, not restricting this important right. It went to Senate Committee of the Whole (C.O.W.) and was retained. Problems? We can only hope. HCR2022 expenditures mandated by ballot; funding (Farnsworth, Pearce, Johnson, Graf, et al) requires that an initiative or referendum that provides for expenditure of revenues must also provide of a new funding source. It would effectively prohibit the public from directing the Legislature on how to spend any general fund revenues. This would allow the Legislature to continue to ignore important program funding. We would not have been able to refer the Heritage Fund if this bill was in place, as it took a portion of the lottery -- an existing fund. This is one of the measures that the Legislature really wants and will be difficult to defeat. And if you can, please call House members and ask them to oppose SB1138. SB1138 (S/E outdoor advertising; electronic messages) (Martin, Blendu, et al.) would overturn 33 years of sound public policy by deleting the prohibition on electronic billboard displays adopted in 1970 Arizona Highway Beautification Act. The level of brightness and shielding of the proposed electronic message displays are not limited by the bill and as such will result in more light pollution in our night skies. Here is an update on other bills: SCR1011 NOW: tax increase by initiative; vote (Jarrett) 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, for wildlife, or for any other program. It awaits a House Third Read. 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. This awaits Rules. SB1071 (NOW: land conservation fund; grazing; agriculture) (Brown) shifts $2 million dollars per year of the Growing Smarter dollars to a new fund called the "Livestock and Crop Conservation Fund." This new fund will be administered by the Department of Agriculture. Currently the State Parks Board administers these dollars. This bill is bad for several reasons, but the two main ones are it violates the Voter Protection Act and it provides much less accountability in a program that clearly needs it. This still awaits conference committee action. SB1122 Phoenix civic plaza; revenue sharing (now: incorporation; national parks; cities) (Burns, Blendu, Pearce, et al) allows the community of Tusayan, near Grand Canyon National Park, to incorporate. The governor signed this. SB1167 environment; antiterrorism; information (Jarrett) limits availability of information about drinking water safety vulnerability as well as and energy or telecommunications infrastructure risk assessments. I am concerned about this increasing effort to limit public access to information, but this appears to be narrow enough. We need to keep an eye on these types of measures. This passed the Senate 30-0 and awaits action by the governor. SB1177 air pollution; jurisdiction; Indian lands (Allen, Binder) was amended to add provisions which exempt alternative fuel vehicles in fleets from emissions for the first three years. Regular new vehicles are exempt for the first five years. 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 standards. It requires proof of financial assurance from an owner of property with an engineering or institutional control. It establishes a civil penalty with a $250,000 cap. It awaits a House Third Read. 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 to prevent or limit wildlife diseases. It passed the House 60-0 and awaits Senate final action. SB1347 recreational corridor channelization districts (Blendu, Burns, Brotherton, et al) establishes a task force that can look at establishing these districts to construct and operate recreational facilities in a floodway during and after mining activities. They have to come back for legislation in order to actually establish a special taxing district. It awaits a House Third Read. HB2088 well administration and enforcement (O'Halleran, Carruthers, Gullett, et al) establishes a fee for a notice of intent to drill a well. This fee will be used for monitoring and enforcement. This awaits Senate Third Read. HB2264 WQARF; technical correction (NOW: WQARF; remediation) (Hart, Allen: Jarrett) makes primarily technical changes and requires the Department of Environmental Quality to contract with the Department of Water Resources for support on this program. HB2308 eminent domain (Farnsworth, Pearce Graf, et al) limits cities' ability to use eminent domain for redevelopment to only areas that are "slum or blighted." While I understand concerns about cities run amok, why are they focusing on redevelopment and not on freeways and roads? It seems to me these are what really rip apart neighborhoods. It awaits Senate Third Read. 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 passed the House 54-1-5 and awaits action by the Governor. HB2381 safe drinking water act (Hart) requires that the ADEQ rules regarding public drinking water systems comply with the federal safe drinking water act and eliminates an unnecessary notice requirement. It passed the Senate 29-0-1 and is off to the Governor. HB2476 agricultural water rights; protected farmland (NOW: farmland; agricultural water rights) (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. It awaits action by the Governor. 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 was amended to include a measure that allows for additional groundwater pumping in the Yuma basin and transfer into the Colorado River. We were supporting the bill when it was just a report. Now we are neutral as it is unclear what the implications of these water transfers will be. HB2479 forest status reports (O'Halleran, Flake, Laughter, et al) requires the state forester (land commissioner) to brief legislators on forest management. This awaits Senate C.O.W. action. It was removed from the consent calendar, so there may be shenanigans. 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/. Sandy Bahr Page updated: 04/25/03 Back to 2003 Legislative Updates page Sierra Club, Grand Canyon Chapter, 202 E. McDowell Rd, Suite 277, Phoenix, AZ 85004, (602) 253-8633 |