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Legislative Updates 2003To: Conservation Friends From: Conservation Outreach Director, Sierra Club Date: May2, 2003 Re: Legislative Update #16 Hi all! Thanks for your calls, letters, and emails. It does make a difference. This week, the Governor signed HB2324 state building; energy conservation standards (Graf: Downing, Jayne, et al). It 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. Even in a year like this, there are glimmers of hope. Thanks to all the energy efficiency advocates who made this happen. On another note, the campaign to "Just say no to everything the Legislature puts on the ballot" is beginning to gain momentum. This week HCR2022 passed the Senate 17-12-1, so it will appear on the 2004 ballot (along with the land exchange proposal). Senators voting no included: Aguirre, Arzberger, Brotherton, Brown, Cheuvront, Giffords, Jackson, Sr., R. Miranda, Mead, Mitchell, and Soltero. Garcia was absent and the rest supported it. Please thank the senators accordingly -- and let the others know you are disappointed. HCR2022 expenditures mandated by ballot; funding (Farnsworth, Pearce, Johnson, Graf, et al) requires an initiative or referendum that provides for the expenditure of revenues (no matter how small and no matter whether or not it is temporary) also provide a new funding source. The funding source cannot be the general fund. This may sound good in theory, but it effectively prohibits the public from directing the Legislature on how to spend any general fund revenues and also limits the institution of new programs that require perhaps a modest, one time expenditure to enact. It would have made it impossible to enact the Heritage Fund, which takes a portion of lottery revenues for parks and wildlife. Even banning cockfighting would require some kind of new tax or fee for any additional enforcement costs. To make matters worse, the Senate also passed HB2436 on a vote of 16-13-1 (Garcia was absent.) Please thank those who opposed it. They include the following senators: Allen, Burns, Cheuvront, Giffords, Jackson, Jarrett, Leff, Mead, Martin, Rios, Soltero, Verschoor, and Waring. It's not over yet, however. This bill must pass a Final Read in the House. Please call House members a.s.a.p. and ask them to vote no on HB2436 municipal ballot measures; required signatures (Arnold: Chase, Flake, et al). It authorizes the use of an alternative basis for computing the number of necessary signatures required to file a referendum petition in a municipal election in cities and towns with 50,000 or fewer people. 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. We oppose this measure because: It sets up tougher standards for referenda in smaller communities than for large ones. Why should it be easier to do a zoning referendum in Phoenix than it is in Sierra Vista or Apache Junction? This also poses some important equal protection questions. It means there will be different standards for different communities relative to this important constitutional right. It is not addressing any real problem. In most communities there are few if any zoning referenda. When a zoning issue is referred, it is generally because it is controversial. It is appropriate to look closer at these controversial proposals and allow the greater community to address it. The argument that this "right" is too costly is erroneous. Referendum measures do not require a special election; they go on the next general election ballot for the community, so there is no great expense. Finally, it is not the best way to increase the required number of signatures. If communities are concerned about the low number of signatures required to place a measure on the ballot, they should focus on increasing voter turnout, not on shutting the public out of this important process. If you have not called your legislators to ask them to leave the Heritage Fund alone, please do so. They are trying to take $10 million and use $1.8 million of it for the Commission on the Arts. While the Commission on the Arts is important, it should not be funded with Heritage Fund. These dollars are for parks and wildlife and that is where they should remain, per the voters. Finally, call House members and ask them to oppose SB1138. SB1138 (S/E outdoor advertising; electronic messages) (Martin, Blendu, et al.) overturns 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 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 Senate 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. It still awaits conference committee. 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 passed the House 55-2-3. 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 passed both houses and has been transmitted to 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. The Governor signed it. 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. The Governor signed it. 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. It passed the Senate 29-0-1. 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. 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: 05/02/03 Back to 2003 Legislative Updates page Sierra Club, Grand Canyon Chapter, 202 E. McDowell Rd, Suite 277, Phoenix, AZ 85004, (602) 253-8633 |