Legislative Updates 2004

Hi all! There was a little more good news this week. HB2272 school buildings; air quality (Gullett, Hershberger, Landrum Taylor et al) passed out of the House Education Committee 7-3-1-1. Please thank Representatives Linda Gray, Arnold, Boone, Cajero Bedford, Carruthers, Downing, and Miranda for supporting the bill. HB2272 makes several changes relating to the responsibilities of the school facilities board and school district governing boards to ensure that Arizona school children are provided with a positive learning environment and that their exposure to pollutants and other harmful emissions is minimized. The intent of the legislation is to improve and protect indoor air quality in Arizona’s schools. According to research performed by the U.S. Environmental Protection Agency (EPA) indoor levels of certain pollutants may be 2-5 times, and sometimes more than 100 times, higher than outdoor levels. Also, SB1396 municipal zoning; protest requirements (Bee: Hellon) was defeated in the Senate Government Committee. It changes the protest requirements to make it more difficult and is aimed at a single case in Tucson. Finally, it looks like HB2398, the measure that made it more difficult for those living in smaller communities to trigger a zoning referendum, is dead for this year.

Unfortunately, HCR2011 voter approved expenditures; limitation (Konopnicki, Barnes, Gray C, Hubbs, et al) was amended and passed out of the Appropriations Committee 9-4-1-3. It refers to the ballot a measure that undercuts voter approved ballot measures by requiring that any measure involving a mandatory expenditure also include a new revenue source ­ not the general fund. It also allows 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 and allows them to use that amount to compute future expenditures. The legislature is likely to always say there is not enough money and easily divert dollars. PLEASE CALL YOUR HOUSE MEMBERS THIS WEEK AND ASK THEM TO OPPOSE THIS BILL.

Here is what is coming up this week:

Monday, March 1^st

Senate Committee on Finance at 1:30 p.m. in SHR1

SCR1047 supermajority vote; enabling local taxes (Martin: Blendu, Harper, et al) requires a two-thirds vote of the legislature for any measure that authorizes local government to implement a tax. I guess this relates to the transportation tax again. It would also apply to the Arizona Rock Products special taxing district, so . . . It really is a bad idea. They have enough trouble getting any kind of revenue measures through. WE OPPOSE IT.

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

HB2087 solid waste program penalties (Huffman, Gullett: O’Halleran) removes the $15,000 penalty cap for violations of solid waste programs and allows the $1,000 per day penalty to continue indefinitely. This will make it more of a deterrent for violations. WE SUPPORT THIS.

HB2190 water quality fees (Huffman) raises the fees for aquifer protection permits. This will need a two-thirds vote of each house to pass as it includes fee increases.

HB2276 solid waste management; effective date (Hart) will have a strike everything on waterless devices.

HB2277 water: CAGRD; technical correction (Hart) will have a strike everything on CAWCD; water amendments.

HB2278 assured water supply certificate; assignment (Hart) allows transfer of assured water supply certificate under certain conditions.

HB2367 animal and ecological terrorism (Biggs, Quelland: C. Gray, et al) will have strike everything of the same title. It continues to have serious first amendment problems and would deter legitimate protests and boycotts.

HB2677 underground storage tanks; insurance; repeal (Farnsworth, Allen: Biggs) will have a strike everything with the same title. It makes the State Assurance Fund primary and therefore bails out the insurance companies. It says the SAF can pay for clean up to residential standards. It phases out the SAF and says that releases reported after June 30, 2006 are not eligible and it phases out the tax on June 30, 2011.

HB2619 fire protection; water requirements (Gullett, Tully) requires that certification of a new water company ensures that the company can provide adequate fire protection ­ flows, hydrants, etc. This is a good idea.

HB2667 chemical fire response coordination (Landrum Taylor: Clark) requires cities with more than 75,000 people to develop a process for identifying and tracking commercial and industrial buildings that use or have hazardous materials on site. It requires the Emergency Response Commission to look ensure that training programs include notification procedures and coordination of services. It requires Department of Health Services to coordinate public health and risk assessment issues associated with a chemical or toxics fire event. WE SUPPORT THIS BILL.

House Committee on Commerce and Military Affairs at 1:30 pm in HHR5

HB2553 real estate; subdivisions; unsubdivided lands (Jayne, Hubbs, L. Aguirre, et al) removes the $1,000 penalty cap for violations to subdivision or unsubdivided lands laws and allows a penalty range from $1,000 to $5,000 per infraction. Perhaps this will help deter lot splits.

HB2605 military airports; land use planning (Hanson, A. Aguirre, Bradley, et al) will have a strike everything.

HB2689 mining reuse areas; tax incentives (Bustamante, Gallardo, Graf, et al) allows mining reuse areas to be established as enterprise zones, regardless of whether or not the sites have been reclaimed. It seems to me that we ought to improve our reclamation law so communities are not stuck with these contaminated sites before we make them enterprise zones.

Tuesday, March 2^nd

House Committee on Ways and Means at 8:30 a.m. in HHR4

HB2689 mining reuse areas; tax incentives (Bustamante, Gallardo, Graf et al). See above.

House Committee on Public Institutions and Counties at 8:30 a.m. in HHR5

HB2651 municipal tank closures; counties (Flake, Chase) makes counties eligible for the municipal tank closure program. That seems like a fine idea.

House Committee on Appropriations at 1:30 p.m. in HHR1

HB2357 school districts; restructuring (Biggs, Quelland) S/E public records; redaction of information requires the public to pay for redaction of confidential information. This is a way to deter people from accessing public information by making it too expensive. It is the responsibility of agencies, paid for with tax dollars, to provide this public information at a minimal cost to us. WE STRONGLY OPPOSE THIS MEASURE.

HB2421 water monitoring assistance program: continuation (Gullett, J. Burns, Chase, et al) continues a program to assist public water systems with complying with monitoring requirements. It extends it to January 2, 2010.

HB2613 taxation; solar energy equipment (Graf: Boone, Carruthers, et al) makes several changes to the solar tax credit program, includes caps (not more than $25,000 over five tax years with respect to the same location.)

HB2703 state buildings; energy savings (Boone, Graf) requires the Department of Administration to use the energy conservation fund to implement additional energy conservation measures in state buildings. This seems like a good idea.

Senate Natural Resources and Transportation Committee ­ NO MEETING

Wednesday, March 3^rd

Senate Committee on Judiciary at 8:00 a.m. in SHR1

SB1081 animal and ecological terrorism (Verschoor, Allen, Harper, et al) will have a strike everything amendment. The current bill contains vague language and penalties for violent crimes that are already covered under existing laws. It appears to be intended to suppress legitimate advocacy work rather than afford any greater protection to the public or a deterrent. It 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.

SCR1044 initiative and referendum; signature distribution (Harper) refers to the ballot a measure that requires that a certain percentage of the signatures for an initiative or referendum measure come from five different counties — 5% if it is a referendum, 10% if it is an initiative, and 15% if it is a constitutional amendment. As is evidenced by the number of initiatives that are filed but never completed, it is already quite difficult to gather the required signatures and place a measure on the ballot, especially within the ninety-day window allowed for referenda. Currently, these petitions must already meet many requirements that candidate petitions do not have to meet — notarized affidavit on the back, indication of paid or volunteer circulator, and other format requirements. Placing further roadblocks in the way of this important constitutional right will serve to limit the ability of grassroots-oriented organizations and smaller groups to participate in the process.

House Committee on Education at 8:30 am in HHR3

HB2527 schools; solar equipment (Clark, Boone, Graf, and Mitchell) requires the school facilities board to include guidelines on the use of renewable energy in schools including guidelines to require the use of solar cooling and hot water heating methods instead of conventional systems.

HB2528 state buildings; solar standards (Boone, Clark, Graf, and Mitchell) requires that energy life cycle costing be used to evaluate all solar water heating and water cooling facilities for state buildings. It requires the use of solar water heating and cooling if the simple payback is twelve years or less or equal to the useful life of the product.

House Committee on Natural Resources, Agriculture, Water and Native American Affairs at 8:30 am in HHR4

HB2566 tax credit; land conservation (Rosati, Hubbs, O’Halleran, et al) provides for a property tax credit of 30% for preserving property via donation for conservation or conservation easement. The bill needs some work, but the intent is good. This is just an informational hearing.

HB2616 department of agriculture; omnibus act (Mason, Carruthers, Chase, et al) may have an amendment dealing with the pesticide buffer zones, so I am monitoring it.

HB2619 fire protection; water requirements (Gullett, Tully). See above

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

HB2131 railroads; technical correction (Nelson) will have a striker on subdivision sales; notice of compliance.

HB2667 chemical fire response coordination (Landrum Taylor: Clark) See above.

Senate Committee on Appropriations at 1:30 am in SHR109

Arizona State Parks Board, Department of Environmental Quality

SB1085 solid waste fees (Allen, Blendu Huffman) steals half of the recycling tipping fee (currently 25 cents) for operating the solid waste program. The Department of Environmental Quality is taking these dollars instead of asking for a tipping fee increase. WE OPPOSE IT.

Thursday, March 4^th

House Committee on Judiciary at 8:30 a.m. in HHR3

HB2119 structural pest control commission (Reagan) replaces certified applicator with “licensed”, requires them to retain fungi reports for five years, among other things. It requires government to meet the conditions for private entities.

HCR2009 initiatives; filing date (Quelland, Biggs, C. Gray, et al) refers to the ballot a measure that requires initiatives be filed seven months before the general election (currently it is four months), but it also allows circulation up to 27 months ahead of time. There are clear technical difficulties with this proposal. It is better to wait until after a general election to file your initiative, so you know what has passed before you file a new initiative.

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

HB2664 downzoning; owner compensation (Pearce, Johnson, Blendu, et al) says that any rezoning that restricts the use or reduces the value of land is a taking and therefore requires compensation. This is contrary to more than 100 years of case law. It would make it impossible to do anything to zone for the public interest or the greater good.

HB2687 conservation easements; procedures (Hubbs, Mason) prohibits cities, towns and counties from affecting conservation easements via their zoning procedures or ordinances.

HB2699 federal land acquisitions; consent required (Johnson: J. Allen, Farnsworth, et al) requires the state to approve any acquisition of public lands by the federal government. This is silly.

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