Legislative Updates 2005

Hi all! Welcome to the 47^th Legislature’s first regular session. The name is somewhat misleading as there is nothing “regular” about these sessions — unless of course it is the long list of whacky bills. They are certainly off and running on those. Some of the bills this session are just like poorly retread tires — animal and ecological terrorism, bills to pay people for any land use protections, and bills to make it more difficult to do a local zoning referendum, are among them.

For those of you who are new to this list, you will receive these updates every Friday throughout the session, plus additional materials and alerts from time to time. I will try to limit the number of emails I send you each week, however. Please notify me of any email changes or if you wish to be removed from the list. If you are receiving this via the US Postal Service and now have email, I would appreciate it if you would let me know, so we can save resources. Finally, if you have a chance, please zap me an email with your legislative district. I want to better organize the email list this year.

Thank you to all of you who called and emailed on SB1009 school buildings; air quality (L. Gray). I heard from several senators that they received a large number of calls and emails. The bill was held because we need to work out some technical issues with the schools. I will let you know when that is worked out and it is coming back to committee.

This week please call members of the House Environment Committee and ask them to please oppose HB2295 animal and ecological terrorism (Biggs, Stump, Verschoor, et al). The bill is identical to last year’s original bill and nearly identical to model legislation put together by the American Legislative Exchange Council (ALEC), a crazy entity that has helped promote such grand ideas as criminal immunity for polluters. HB2295 contains vague language and penalties for violent crimes that are already covered under existing laws, so this bill is unnecessary. It 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. Members of the House environment committee include Representatives: Barnes (602) 926-5503 rbarnes@azleg.state.az.us , M. Garcia (602) 926-5830 mgarcia@azleg.state.az.us , Huffman (602) 926-3394 shuffman@azleg.state.az.us , Landrum Taylor (602) 926-5864 llandrum@azleg.state.az.us , Pierce (602) 926-3163 gpierce@azleg.state.az.us , Reagan (602) 926-5828 mreagan@azleg.state.az.us , Robson (602) 926-5549 brobson@azleg.state.az.us , Rosati (602) 926-5169 crosati@azleg.state.az.us , Sinema (602) 926-5058 ksinema@azleg.state.az.us . If you're outside the Phoenix area, you can call toll free at 1-800-352-8404.

Here’s the schedule of key issues for this coming week:

Tuesday, January 18^th

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

SB1028 vehicle emissions; tailpipe test (Harper) changes the emissions testing requirements for post 1981 vehicles in Areas A & B. It requires a transient loaded emissions test if the vehicle has an error code in the onboard diagnostic. If it then passes, it is considered in compliance There may be legal issues with it. WATCHING.

House Committee on Counties, Municipalities and Military Affairs at 1:30 p.m. in HHR5

HB2131 county islands; annexation; property rights (Biggs) says that cities and towns that annex these county areas cannot change the land use or septic sewage requirements without the consent of the land owner. This would make it difficult to install public sewer systems and protect public health and is likely to result in these county islands remaining county islands. It makes land use planning, such as it is, very difficult. TRACKING.

Wednesday, January 19^th

Senate Committee on Commerce and Economic Development at 9:00 a.m. in SHR1

SB1023 solar energy advisory council; continuation (Tibshraeny) continues this council through 2015. This is a good council and an important issue. They should continue it. WE SUPPORT IT.

House Committee on the Environment at 1:30 p.m. in HHR5

HB2295 animal and ecological terrorism (Biggs, Stump, Verschoor, et al) See above. WE OPPOSE IT.

HB2356 water; monitoring assistance program (Barnes, Huffman: Hershberger, et al) allows the Arizona Department of Environmental Quality (ADEQ) to provide a monitoring assistance program contractor for public water systems that are significant noncompliers. It also authorizes the collection of a fee. This is a good provision for public health and also probably necessary per the Safe Drinking Water Act. WE SUPPORT IT.

HB2357 emissions testing; motorcycles; collectible vehicles (Barnes, Huffman; Hershberger, et al) exempts collectible vehicles and motorcycles from emissions testing in Area B (Tucson) and also exempts collectible vehicles from emissions in Area A (Phoenix). According to a report done by the ADEQ, this will have negligible effects on emissions. It is worth a close look to ensure not backsliding on air quality. JUST WATCHING.

HB2380 air fund; CNG school buses (Boone, Barnes, Gray, et al) allows the diesel low emissions incentive grants to also be used for compressed natural gas and for diesel buses that have been retrofitted with original manufacturers’ equipment for compressed natural gas fuel systems. This is all provided that they do not exceed the incremental cost differential from conventional diesel fuel schools buses. Existing portions of the bill require real and quantifiable emissions benefits, so this measure seems okay. TRACKING.

HB2391 drinking water equipment (Barnes, Huffman; Hershberger, et al) deletes a provision relating to drinking water systems that requires the ADEQ to consider alternatives which include products historically used that have not been demonstrated in the US to contribute to water contamination. This is likely conformance with the safe drinking water act and also makes the program more preventative. WE SUPPORT IT.

Senate Committee on Natural Resources and Rural Affairs at 1:30 p.m. in SHR3

Presentation by Rusty Bowers of the Arizona Rock Products Association.

SB1067 appropriation; Zuni tribe water settlement (Flake, Bee, Blendu, et al) appropriates $1,569,000 for the settlement. The settlement did provide for some riparian protection, so this money is probably well spent. WE SUPPORT IT.

Thursday, January 20^th

Senate Committee on Government at 9:00 a.m. in SHR3

SB1026 regional parks; land sale requirements (Tibshraeny; Verschoor, Biggs, et al) limits when a county can sell park land. This is an outgrowth of sale of some land in the Santan Regional Park in Maricopa County.

Joint Appropriations Committees at 2:00 p.m. in HHR1

State Parks Board and Game and Fish Department budgets

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Thanks again for your help and support! To email legislators go to http://www.azleg.state.az.us/MemberRoster.asp If you are not sure who your legislators are, please go to http://www.vote-smart.org (You will need your 9-digit zipcode.) 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/ .