Legislative Updates 2004

Hi all! It’s the end of week 15 and still no budget. They also have not yet moved the proposed state trust land package, although I did hear that the Homebuilders Association is scurrying about to try and get the House Speaker and the Senate President to move something. I have thoroughly reviewed the package and it is convoluted, complicated, and does not serve conservation or the public’s interest. There are 12 pages of constitutional changes, 100 pages of statutory changes, and 8 pages of session law to explain how the conservation lands are not really conserved and that certain provisions are not protected by the voter protection act. There is also a preamble to the constitutional amendment that I guess is supposed to explain it all to us. In addition to containing land exchange provisions and a virtual giveaway of state trust lands to livestock grazing lessees, the proposal conserves a limited amount of land (perhaps 3%) and even that land is not adequately protected. Power lines, roads, and other types of easements are still allowed. The measure also contains a giveaway of state lands via the granting of easements to the Arizona Department of Transportation, among other entities.

This week, we saw the land commissioner announce that he would no longer offer for auction Arizona Preserve Initiative lands that include a conservation easement. The timing on this announcement is curious. Is it a coincidence that he was out promoting the so-called reform package simultaneously? It is pretty clear that they are trying to shove this package through before too many people read it or understand the implications. They are also trying to promote it as a kumbaya proposal, but there are currently 19 conservation organizations opposing it.

PLEASE CALL THE GOVERNOR AND ASK HER NOT TO CALL A SPECIAL SESSION ON STATE TRUST LANDS, NOT TO SUPPORT THIS PROPOSED “REFORM”, AND TO INSTEAD WORK ON A PROPOSAL THAT SERVES CONSERVATION AND THE SCHOOLCHILDREN OF ARIZONA. We can do better — a reform package that provides funding for conservation of these lands should be considered. 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

PLEASE CALL OR EMAIL SENATORS AGAIN THIS WEEK AND ASK THEM TO OPPOSE HCR2009 initiatives; filing date (Quelland, Biggs, C. Gray, et al). The vote is close on this one, which explains why it has not come to the floor. I think calls are more effective than emails, so if possible, please take the time to telephone your senator. The bill refers to the ballot a measure which requires initiative signatures to be filed seven months before the general election ­ currently it is four months. This measure hurts grassroots organizations and further advantages wealthy interests relative to initiatives as the grassroots entities usually need the time to get the signatures, especially as they get more signatures from volunteer signature gatherers. They amended the bill on the floor that pushes back the time when you can begin collecting signatures to 27 months prior to the election. That is a ridiculous and meaningless amendment. Realistically, you do not want to file your petition until you actually know what passed in the previous election. This would just further muck up the statutes and create a great deal of confusion on constitutional changes as well.

ALSO, PLEASE CALL HOUSE MEMBERS AND ASK THEM TO VOTE NO ON SB1081 animal and ecological terrorism. We question the need for the legislation as well as the potential unintended consequences. The Sierra Club has long condemned violence, including that done in the name of protecting the environment. There are ample conditions under current law to prosecute those engaged in illegal conduct, however. We have strong laws against damaging property, trespass, arson and specifically damaging agricultural or lab facilities. They include 11-1023 Unauthorized release of animals; classification; damages, 17-316 Interference with rights of hunters; violation; classification, and 3-114 Liability for unauthorized destruction of field crop product; damages; definition, among others, and even a blatantly unconstitutional measure, 3-113. Action for false claims against perishable agricultural food product; limitation; definitions. (This is commonly referred to as the Veggie Hate Crimes Law.)

HB2278 assured water supply certificate; assignment (Hart) passed out of the Committee of the Whole this week. It allows transfer of an assured water supply certificate under certain conditions. Senator Arzberger included a floor amendment that provides limited public notice. Unfortunately, the amendment precludes any standing for the public to appeal or bring any kind of judicial action relative to the transfer, so you can comment, but if the agency ignores you, there is not opportunity to challenge the decision. This bill is one of those “special” bills for master planned developers. Apparently, they just can’t develop fast enough in our fair state.

The provisions in SB1085 solid waste fees (Allen, Blendu Huffman), a measure which swipes half of the 25 cent per ton recycling tipping fee and diverts it to running the solid waste program at the ADEQ, will be amended on to HB2268. HB2268 removes the cap of $15,000 for civil penalties on a solid waste violation if there is imminent threat to public health or welfare or the environment. The amendment is supposed to include a one year sunset, so that will mean a temporary rather than permanent shift of the tipping fee.

Legislators and the governor’s office are still meeting to meld into one bill HB2549 S/E Healthy Forests and SB1212 S/E Healthy Forests, the logging subsidy bills, and HB2127 S/E Healthy Forests, the measure to promote Firewise communities. It sounds like the discussions are going well. We are still asking that they support the following principles in the forest bills: Save the remaining old growth forests (only 5% is remaining in the southwest), protect the large, more fire resistant trees, target thinning efforts on small diameter trees (12” and smaller), and focus limited dollars on thinning and prescribed burns near communities at risk.

Solar energy advocates are still trying to revive HB2527 schools; solar equipment (Clark, Boone, Graf, and Mitchell) and HB2528 state buildings; solar standards (Boone, Clark, Graf, and Mitchell). When Appropriations meets again, they are hoping to get both bills on the agenda. Senator Burns is not too keen on them apparently. HB2613 taxation solar energy equipment (Graf: Boone, Carruthers, et al) passed out of Finance 5-3-1, but may still die in the Rules committee. That bill provides a reduction in property tax valuation for commercial and residential systems extends the state personal income tax credit - up to $5,000 per residence and creates a state business income tax credit - up to $25,000 per building. HB2703 state buildings; energy savings (Boone, Graf), a bill which requires the Department of Administration to use the energy conservation fund to implement additional energy conservation measures in state buildings, is ready for a third read vote.

SPECIAL CONGRESSIONAL ALERT — PLEASE CALL, FAX OR EMAIL SENATORS MCCAIN & KYL AND ASK THEM TO OPPOSE THE YAVAPAI RANCH LAND EXCHANGE —S.849.

Scottsdale physician Fred Ruskin, who owns checkerboard sections of land interspersed with sections of Prescott Forest lands, is trying to get congress to push through a land exchange that has serious implications for the Verde Valley and could negatively impact the Verde River. Please ask our senators to withdraw or oppose S.849. There has been no environmental review and no analysis or consideration of alternatives. Tell them we are very concerned about how this exchange will impact the groundwater supply in the Verde Valley and also the future impact on the Verde River.

The proposed land exchange involves 35,000 acres of private land and about 21,000 acres of federal, including more than 3,000 acres of public land in the Camp Verde and Clarkdale area which he would then use for residential and commercial development. The impacts of the exchange and the associated development on the Verde Valley are of great concern.

Senator McCain [DC: (202) 224-2235; Phx: (602) 952-2410; Tempe: (480) 897-6289; and Tucson: (520) 670-6334], FAX: (202) 228-2862 email: john_mccain@mccain.senate.gov . Senator Kyl [DC: (202) 224-4521; Phx: (602) 840-1891; Tucson: (520) 575-8633], FAX (202) 224-2207 Web Form: kyl.senate.gov/con_form.htm Senate: http://www.senate.gov/general/contact_information/senators_cfm.cfm You can also call Congress toll-free at: 1-800-648-3516 OR 1-800-839-5276. 

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/.