Legislative Updates 2004

Hi all! This week, in addition to the usual assortment of oddities and outrages, the Speaker of the House, Jake Flake, made it all too clear why the Legislature is not a truly representative body. Yesterday, Flake removed Representative Tom O’Halleran as chair of the House Natural Resources, Agriculture, Water and Native American Affairs Committee and also Representative Pete Hershberger from the House Human Services Committee. Both representatives have been strong voices for children at the legislature and Representative O’Halleran has worked diligently to promote better land use and water planning in rural Arizona. He also has worked behind the scenes to improve numerous bills, including those related to state trust lands. This action is a slap in the face to all of us who care about the issues these two representatives are promoting. And they wonder why the public engages in direct democracy so often via the initiative process. I hope you all will take the time to call or email Representatives Hershberger and O’Halleran and thank them for standing up for Arizona. Contact Speaker Flake and let him know you think his action was inappropriate. I urge you to write letters-to-the-editor in support of these two representatives, as well. I am listing a few of the newspapers you can contact, but please send letters to your local newspaper.

• Arizona Daily Star, P.O. Box 26807, Tucson, AZ 85726-6807, letters@azstarnet.com Fax (520) 573-4141
• Tucson Citizen, P.O. Box 26767, Tucson, AZ 85726-6767, letters@tucsoncitizen.com FAX: (520) 573-4569
• Letters to the Editor, The Arizona Republic, P.O. Box 2244, Phoenix, AZ 85002, Fax (602) 444-8933. You can use the online form as well http://www.azcentral.com/arizonarepublic/opinions/sendaletter.html
• Arizona Daily Sun, P.O. Box 1849, Flagstaff 86002, azdsopinion@azdailysun.com fax (928) 774-4790.
• Tribune Letters to the Editor, P.O. Box 1547, Mesa, AZ 85211, forum@aztrib.com Fax (480)-898-6362

This week, please call your Representatives and ask them to oppose HCR2016 tax increase by initiative; vote (Biggs, C. Gray, Quelland). It refers to the ballot a measure that, if passed, requires an initiative or referendum that increases state revenues to have a two-thirds vote on the ballot. Considering very few measures pass with two-thirds votes, this would effectively hamstring efforts to get additional funding for preservation, for wildlife, or for any other program. It passed out of Appropriations 9-7 and could come to the Floor this week.

Please join us for Environmental Legislative Day on Tuesday, February 10^th! We are having a special guest and lots of good speakers. I f you have not let us know that you are planning to attend, please do so. Thanks!

Here is what is coming up this week:

Monday, February 9th

House Committee on Environment at 1:30 pm in HHR 4

HB2367 animal and ecological terrorism (Biggs, Quelland, C. Gray, Yarbrough) contains vague language and penalties for violent crimes that are already covered under existing laws, so this bill is unnecessary. The legislation is something conjured up by the American Legislative Exchange Council (ALEC) and appears to be intended to suppress legitimate advocacy work rather than afford any greater protection to the public or provide a deterrent. The bill defines an "animal or ecological terrorist organization" in a manner that could be used to prosecute mainstream environmental groups engaged in nonviolent advocacy work, including lawful boycotts, permitted marches or demonstrations, and shareholders' motions raised at corporate meetings. The Sierra Club has long condemned violence, including that done in the name of protecting the environment. This bill is unnecessary, vague, and quite likely unconstitutional.

HB2403 clean bus fleets (Hart) appears to further dilute the definition of alternative fuels and alternative fuel vehicles by including ethanol fuels and vehicles that have engines that have obtained waivers from the EPA.

HB2419 heavy duty diesel engines; extension (Gullett, Huffman, Nelson et al) gives smaller fleets two more years to comply with phasing out the pre-1988 diesel engines. This is annoying to say the least. Swift Transportation pushed this as an alternative to requiring cleaner burning diesel fuel. They indicated that all the pre-1988 engines would be gone by 2005 ­ they neglected to ask the small trucking outfits what they thought, however. It demonstrates the failure of compromise in the legislative process and it also demonstrates the need to require CARB diesel ­ something that will apply across the board.

HB2421 water monitoring assistance program; continuation (Gullett, J. Burns, Chase, et al) eliminates the repeal of this program.

Senate Committee on Finance at 1:30 pm in SHR1

SB1145 regional transportation authority; excise tax (Bee, Arzberger, Giffords, et al) gives authority to the Pima Association of Governments to develop a regional transportation plan and ask the voters for a ý cent sales tax. Our members strongly support regional planning for transportation, but are concerned that this measure will result in promoting more massive road building and freeways. We are also concerned about the funding source for this proposal. Why are we continuing to promote use of sales tax for roads and freeways when we are restricted in using the gas tax for only roads and freeways? How about an excise tax for transit and a gas tax for roads?

Tuesday, February 10^th

Environmental Legislative Day ­ Begins at 8am and goes until about 12:30 p.m.

House Committee on Government and Retirement at 9:00 am in HHR3

HB2062 S/E flood control districts; surplus land ­ I have not looked at the striker yet.

HB2454 lobbying; former legislators (Pearce; Quelland, Harper) repeals the one year lobbying ban on former legislators lobbying. Apparently there is no gainful employment for them elsewhere. And so it goes with the revolving door.

House Committee on Appropriations at 1:00 pm in HHR1

HCR2011 voter approved expenditures; limitation (Konopnicki, Barnes, Gray C, Hubbs, et al) refers to the ballot a measure that undercuts voter approved ballot measures by allowing the legislature 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 is likely to always say there is not enough money and easily divert dollars for conservation, health care, and education to other purposes.

HB2088 brownfields program (Huffman, Gullett: O’Halleran) is an emergency measure (this means it requires a 2/3 vote, that it is effective immediately upon signature of the governor, and that it is not subject to referendum). It changes the eligibility for brownfields cleanup revolving loan fund assistance. It broadens the activities for which the dollars can be used.

HB2307 fire districts; lake improvement funds (Wagner, Nelson, O’Halleran, et al) restricts the use of these funds to only lakes where gas-powered watercraft are allowed. Why?

Senate Committee on Government at 1:30 pm in SHR3

SB1251 fires districts; planning (R. Cannell) requires fire districts to cooperate with other entities to evaluate local conditions, plan for fire emergencies, and improve fire safety for communities including the urban and wildland interface area. This is a good idea.

SB1252 state fire safety committee; membership (R. Cannell) puts the state forester on this committee.

SCR1014 lottery monies; reallocation; raffles (Harper; Johnson, Robson) refers to the ballot a measure that swipes all the lottery money and puts it in the general fund where the legislature will appropriate it. This means no Heritage Fund. We oppose it.

Senate Natural Resources and Transportation Committee at 1:30 pm in SHR1

SB1084 solid waste program amendments (Allen, Blendu, Huffman) includes in the definition of inert material soil that contains no contaminants above the residential remediation levels, and requires solid waste treatment facilities and solid waste incinerators to develop solid waste facility plans, among other things.

SB1085 solid waste fees (Allen, Blendu Huffman) allows the Arizona Department of Environmental Quality to adopt the annual fee for these facilities by rule. That way, they might be able to actually cover more of the costs.

SB1212 healthy forest pilot program (Jarrett, Bee, Chase) establishes a forest pilot program, but it must include large land areas and include areas deep in the forest. It also mentions looking at the need for regulatory relief. We believe this should focus on the wildland urban interface, community protection, and protecting old growth and the remaining large trees.

SB1227 climate change study committee (Giffords, Brotherton, L. Lopez, et al) establishes a study committee to look at the impacts of climate change on Arizona’s economy and environment and to recommend actions.

SB1246 pesticide regulation (Arzberger, L. Aguirre, Brotherton, et al) makes changes to the program to protect Arizona’s groundwater from pesticide contamination. The industry people wanted to get rid of specific numeric values. Instead the compromise allows the agency to use other methods if they find one that is more predictive of groundwater contamination.

Wednesday, February 11^th

Senate Committee on Judiciary at 8:00 am in SHR1

SB1306 elections; cities; counties; influence; prohibition (Weirs; Allen) prohibits the use of city, county, etc. resources to influence elections. I thought this was already prohibited.

SB1347 absolute immunity; wildlife damage (Hellon, Harper; Anderson, et al) provides immunity to the state relative to wildlife actions. This seems like a good idea. Wildlife is a public trust and we should not be paying ranchers for elk eating the grass.

House Committee on Utilities and Municipalities at 9:00 am in HHR5

HB2398 referendum; cities and towns (Arnold, Hubbs, Nelson, et al) authorizes cities and towns with 50,000 or fewer people to refer to the ballot the use of an alternative basis for computing the number of necessary signatures required to file a referendum petition. It would effectively allow 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 in the city or town. This would substantially increase the number of signatures and make it very difficult to do a referendum in these smaller communities. We oppose this measure because it would set 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.

Senate Committee on Commerce at 9:00 am in SHR3

SB1330 regulatory reform; enforcement study committee (Bennett, L. Aguirre, Burns, et al) sets up another study committee, but this one goes until 2014. Apparently the attorneys for the so-called regulated community are not getting enough billable hours.

SB1385 county land divisions; rules (Martin) directs the state real estate department to adopt rules governing the prohibition on acting in concert. Acting in concert has to do with people working together to do lot splits in order to avoid subdivision regulation. It appears positive, but needs more scrutiny.

Thursday, February 12^th

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

HB2400 vested property rights (Farnsworth) establishes vested rights when a zoning application is approved or when a site plan is submitted and meets the zoning requirements. That is truly ridiculous. As if we need more land speculation or as if the developers didn’t have enough influence. This is bad news.

Thanks again for all you do! 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) 926-3559 (Senate) or (602) 926-4221 (House). Correspondence goes to 1700 W. Washington, Phoenix, AZ 85007-2890. For more information on legislation go to http://www.azleg.state.az.us/. To reach the Governor, call 602-542-4331 or toll free 1-800-253-0883. To email her, either click on this link or cut and paste it into your server http://www.governor.state.az.us/post/feedback.htm