Legislative Updates 2004

Hi all! What goes around comes around. Leadership in the House found that out with a vengeance this week when they got totally rolled on the budget. That was a good thing — for many reasons. We were pleased because their plans were thwarted to swipe some of the Heritage Fund. Special thanks go to Representative Wagner for offering a substitute floor amendment which kept the Heritage Fund intact and to Representatives Gullett and O’Halleran for helping to lead the way. Please call or email the following representatives and thank them for supporting the Heritage Fund by voting against exclusion of the Wagner Floor Amendment: A. Aguirre, Alvarez, Arnold, Bradley, Burns, Burton Cahill, Bustamante, Cajero Bedford, Carruthers, Chase, Clark, Downing, Gallardo, Gullett, Hanson, Hershberger, Hubbs, Huffman, Jackson, Jayne, Konopnicki, Landrum Taylor, Lopes, Lopez, Loredo, Mason, McClure, McCune Davis, Mesa, Miranda, O’Halleran, Prezelski, Reagan, Straughn, Thompson, and Wagner. Go to http://www.azleg.state.az.us/MemberRoster.asp#house and click on their email addresses or give them a call. See the end of this alert for information on how to contact them by phone. The Senate will decide in the next day or two whether or not they will concur on the budget. If that happens, the session could end next week.

Senator Verschoor tried to resurrect SB1081 animal and ecological terrorism, by amending it on to another bill. Luckily, that effort was unsuccessful. Thanks go to Senator Brotherton for pointing out on the floor that this was the bill that the governor just vetoed and for speaking against the amendment. Please thank Senator Brotherton by emailing bbrother@azleg.state.az.us or call (602) 926-4485. See below for toll free calling outside the Phoenix area.

Luckily, the Arizona Legislature has very little say in what happens in our national forests. Unfortunately, they do have a say in subsidizing businesses. In addition to the massive bailout for insurance companies and the likes of the Bennett and Farnsworth families in the underground storage tank bill, they are looking at tax incentives in the forest bill, HB2549 NOW: healthy forests; tax credits. The bill authorizes significant tax incentives without any fiscal analysis and without adequate checks in place. The measure establishes tax incentives for qualified businesses including exemptions from sales tax and use tax on machinery and equipment, individual and income tax credits for employing state residents, for industries where at least one-half of the forest product is from biomass and one-half of the biomass is from Arizona. Biomass is poorly defined as “dead standing and fallen timber, and forest thinnings associated with the harvest of small diameter timber, slash, brush and other woody vegetation removed from federal, state and other public forest land and from private forest land.” This leaves it pretty wide open. Where does the other half of the forest product come from? Arizona’s (or even New Mexico’s) remaining old growth forests and large diameter trees? What is “other woody vegetation”? And why include snags (important for wildlife habitat) and possibly burned areas (standing dead trees) which of course do not present a large fire risk? Without limitations on logging of large trees and old growth, it means this program could promote the same kind of logging that has contributed to unhealthy conditions in the forests currently.

We oppose the bill as it is drafted and would like to see it amended to include provisions to assist counties with addressing lot splits —especially the physical access issues, focus on small diameter trees that constitute the greatest fire risk, and to focus any credits or sales tax breaks on industries that limit their activities to small diameter trees and brush. We also would like to see the provision removed that requires the state forester to intervene in timber sale appeals and litigation. Unfortunately, the bill was rammed quickly through the senate. They sent it through the Committee of the Whole and then quickly Third Read it before anyone could really see what was in the Floor amendment. With the promise that it would go to conference committee to further address the Governor’s concerns, it passed without opposition. PLEASE CALL HOUSE MEMBERS AND URGE THEM TO OPPOSE THE CURRENT BILL AND TO SUPPORT AMENDMENTS THAT TRULY PROTECT COMMUNITIES AND ALSO OUR FORESTS.

HCR2009 initiatives; filing date (Quelland, Biggs, C. Gray, et al) is still lurking out there. I know they are trying to flip a vote or two as I have heard back from a couple of members. So far, we are still at 15, but we need to keep up the pressure. 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 further muck up the statutes and create a great deal of confusion on constitutional changes. PLEASE CALL YOUR SENATORS AGAIN AND ASK THEM TO OPPOSE HCR2009!

How many lobbyists does it take to get a special session on state trust lands? Well, we may soon find out. This week, it was like déjà vu when developer lobbyist Steve Betts, who is generously “donating” his time for state trust land reform, appeared at the Capitol with a gaggle of lobbyists. Mr. Betts is the same person who helped bring the state Growing Smarter which I am sure we have all noticed has really curbed sprawl and promoted more responsible development. Apparently, they are scrambling to get this scheduled after the budget logjam passed.

IF YOU HAVE NOT DONE SO ALREADY, PLEASE CALL THE GOVERNOR AND ASK HER NOT TO CALL A SPECIAL SESSION ON STATE TRUST LANDS AND NOT TO SUPPORT THIS PROPOSED “REFORM”. This is too important of an issue and far too complicated to try and jam through at the end of a long session or to try and pass quickly in a special session. No one wants the alternative fuels of land deals. What is the hurry? We can do a whole lot better — a reform package that provides funding for conservation of these lands and addresses education needs should be considered. Do we really need one that promotes more development more quickly? 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 ALSO CALL YOUR LEGISLATORS AND ASK THEM TO OPPOSE DOING THIS STATE LANDS DEAL THIS SESSION.

SB1085 solid waste fees (Allen, Blendu Huffman) was amended in the House to include a one year sunset provision. This bill swipes half of the 25 cent per ton recycling tipping fee, but at least now it will not be a permanent shift of these dollars. The conference committee concurred, so they are only taking the dollars for one year.

SB1306 NOW: storage tanks; underground; funding passed out of the Senate. It makes the state assurance fund primary, plus sunsets in 2013 the one cent excise tax on gasoline that funds the program. There are some positive provisions in the bill (like paying for clean up to residential standards), but we are concerned about the bail out of the insurance industry and family and friends of certain legislators and what the liability will be for the state. We also think the tax should be kept in place for prevention programs. This has to be the worst program that Arizona Department of Environmental Quality administers. On the bright side, perhaps there is an end in sight.

HB2355 NOW: recreational corridors; districts (Biggs, C. Gray, Pierce, Quelland) is the bill to try and get taxpayers to pick up the tab for reclamation of areas along rivers that have been trashed by sand and gravel. It is also a measure to promote channelization so they can more easily develop the nearby land. While it is geared toward a portion of the Agua Fria that is pretty non-functional ecologically, it bears watching. They removed the repeal date in conference committee, which is of concern on such a lousy piece of legislation.

Greg Clark with the Burrowing Owl Project needs your help this weekend. He is in desperate need of volunteers to help build burrows in Reach 11 in Scottsdale this Saturday (9am to 2pm at the latest) and Sunday (8am to 2pm at the latest). He has 90 owls to place, rescued from a development site in Mesa, with very short turnaround time. Please help him out if you can. You can reach him at 480-961-4046 or 480-688-0118 or rai@primenet.com .

Thanks again for your help and support! 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/ .