Legislative Updates 2005

Hi all! Wow, what a week! This coming week does not look much better either. As you can tell by the length of the update, there is a lot going on at the legislature — not a lot of good is going on there, however. I promise this will be the longest update of the year. For those of you who are new to the updates. I try to put the key stuff up front, so please take action on those items. The rest of the update gives you the schedule. Thanks!

This week, please call members of the Senate Appropriations Committee and ask them to oppose an amendment to divert Heritage Fund dollars to the Zuni tribe water settlement. Heritage Fund has already been tapped for this and we do not want to see the Legislature appropriating these dollars for specific purposes that may or may not be in line with the fund. SB1067 appropriation; Zuni tribe water settlement (Flake, Bee, Blendu, et al) appropriates $1,596,000 from the General Fund for the state to comply with the Zuni Tribe water rights settlement. While we support aspects of the settlement that protect riparian areas, we oppose the amendment to swipe money from the Heritage Fund.

Members of the Senate Appropriations Committee include Senators: Arzberger marzberg@azleg.state.az.us (602) 926-4321, Burns rburns@azleg.state.az.us (602) 926-5993, Cannell rcannell@azleg.state.az.us (602) 926-4139, Garcia jgarcia@azleg.state.az.us (602) 926-4171, Giffords ggifford@azleg.state.az.us (602) 926-5262, Gould rgould@azleg.state.az.us (602) 926-4138, Harper jharper@azleg.state.az.us (602) 926-4178, Huppenthal jhuppent@azleg.state.az.us (602) 926-5261, Johnson kjohnson@azleg.state.az.us (602) 926-3160, Martin dmartin@azleg.state.az.us (602) 926-5284, Waring jwaring@azleg.state.az.us (602) 926-4916. If you're outside the Phoenix area, you can call toll free at 1-800-352-8404.

Please also call members of the Senate Natural Resources and Rural Affairs (NRRA) Committee and ask them to support SB1349 unlawful feeding of wildlife (Hellon: Cheuvront, Giffords, et al). This bill makes it a class 3 misdemeanor to feed wildlife intentionally. It excludes tree squirrels and birds and people who are in the process of hunting or fishing. We support this measure because it will help limit the feeding of wildlife in urban and urbanizing areas where feeding of wildlife ultimately results in their demise. Feeding these animals is dangerous for them and people.

Members of NRRA include Senators: Arzberger marzberg@azleg.state.az.us (602) 926-4321, Bee tbee@azleg.state.az.us (602) 926-5683 , Blendu rblendu@azleg.state.az.us (602) 926-5955, Cannell rcannell@azleg.state.az.us (602) 926-4139, Flake (Chairman) jflake@azleg.state.az.us (602) 926-5219, Jarrett mjarrett@azleg.state.az.us (602) 926-5288, Rios rrios@azleg.state.az.us (602) 926-5685. If you're outside the Phoenix area, you can call toll free at 1-800-352-8404.

Please call and ask the members of the House Appropriations Committee to oppose HCR20245 voter-approved expenditures; adjustment (Konopnicki). It refers to the ballot a constitutional amendment to further undermine the initiative process. This measure re-states some of Proposition 101 (passed on 2004 ballot) and allows the legislature to reduce funding for ballot measures, plus it applies retroactively to 1998.

Member of the House Appropriations Committee include Representatives: Anderson manderso@azleg.state.az.us (602) 926-4467, Boone tboone@azleg.state.az.us (602) 926-3297, J. Burns jburns@azleg.state.az.us (602) 926-5836, Burton Cahill mbcahill@azleg.state.az.us (602) 926-5896, Gallardo sgallard@azleg.state.az.us (602) 926-3392, Konopnicki bkonopni@azleg.state.az.us (602) 926-5409, L. Lopez llopez@azleg.state.az.us (602) 926-4089, McLain nmclain@azleg.state.az.us (602) 926-5051, Meza rmeza@azleg.state.az.us (602) 926-3425, Murphy rmurphy@azleg.state.az.us (602) 926-3255, Nichols wnichols@azleg.state.az.us (602) 926-5168 , R. Pearce rpearce@azleg.state.az.us (602) 926-5760, P. Rios prios@azleg.state.az.us (602) 926-5761, Burnell Smith dsmith@azleg.state.az.us (602) 926-5766, and Yarbrough syarbrou@azleg.state.az.us (602) 926-5863.

Please call Senate Judiciary members and ask them to oppose SB1333 animal and ecological terrorism (Verschoor, Bee Burns, et al). This bill will have a strike everything amendment (currently not available). This bill is identical to last year’s bill and nearly identical to model legislation from the American Legislative Exchange Council (ALEC), a crazy entity that has helped promote such grand ideas as criminal immunity for polluters. SB1333 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 likely unconstitutional.

Members of Judiciary include Senators: L. Aguirre laguirre@azleg.state.az.us (602) 926-3830, Brotherton bbrother@azleg.state.az.us (602) 926-4485, Gould rgould@azleg.state.az.us (602) 926-4138, Harper jharper@azleg.state.az.us (602) 926-4178, Huppenthal jhuppent@azleg.state.az.us (602) 926-5261, Jarrett mjarrett@azleg.state.az.us (602) 926-5288, Martin dmartin@azleg.state.az.us (602) 926-5284, Miranda rmiranda@azleg.state.az.us (602) 926-5911.

Quick updates:

HB2169 land use planning; water resources (O’Halleran), which requires cities and counties that are outside of Active Management Areas to include a water resources element in their general plans, was defeated in the House Natural Resources and Agriculture (NRA) Committee.

HB2173 adequate water supply; notice (O’Halleran) allows cities and counties outside of Active Management Areas to consider the adequacy of a water supply when deciding whether or not to approve new subdivisions.  It barely squeaked out of the House NRA Committee.

HB2461 beautification; highways; advertising (Gorman: Pierce) passed in the House Transportation Committee this bill would set a state standard that would allow billboards to have electronic panels of any size that could change copy as frequently as every SIX seconds. 

HB2462 highway beautification; outdoor advertising (Gorman: Pierce) changes the rules so some billboards would not be covered by the state rules at all. It also passed.

SB1461 voluntary environmental performance program (Flake, Allen, Huffman, et al) passed the Senate Natural Resources and Rural Affairs committee 6-1. It directs the ADEQ to set up a voluntary performance program that provides incentives to companies that set up an environmental performance program. Those incentives can include expedited permitting, ability to consolidate permit applications, and a total or partial waiver of civil penalties for noncompliance. This is just another version of the old polluter protection act.

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

Monday, February 14^th

House Committee on Natural Resources and Agriculture at 9:00 a.m. in HHR5

HB2222 pipeline safety; penalties (Nelson) increases the civil penalties for gas hazardous liquid pipeline facilities from $10,000 to $100,000 for each violation. It puts a cap of $1 million for a related series of violations. The current cap is $500,000. SUPPORT.

HB2273 appropriations; water studies (O’Halleran, Mason: Kirkpatrick) appropriates an as yet undisclosed amount of money to the Arizona Department of Water Resources to conduct rural water studies. There is a need to for better information on water resources in rural areas, so we are supportive of funding for this. We would like to see these so-called rural areas (many are not really rural) also be required to do more to plan their water resources, however. SUPPORT.

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

SB1257 clean elections; revisions (Waring, Bee Boone) is the Citizens Clean Elections Commission bill. It makes several changes, including an earlier filing date for qualifying slips, simplified verification procedures, prohibition against attacking another candidate in a voter guide statement, and a reduction in required matching funds report filings. SUPPORT.

SB1333 animal and ecological terrorism (Verschoor, Bee Burns, et al) See above.

House Committee on Ways and Means at 1:30 p.m. in HHR4

HB2059 tax credits; family income; pollution (Huffman) tightens up the requirements for an entity to qualify for a tax credit for pollution control equipment. It seems fine.

HB2323 tax credits; water conservation systems (C Gray: Giffords) authorizes a tax credit not to exceed $1,000 per year for residential installation of water conservation systems. SUPPORT.

Tuesday, February 15^th

Senate Committee on Appropriations Meeting at 1:30 p.m. in SHR109

Adoption of Game and Fish and Lottery Budgets

SB1067 appropriation; Zuni tribe water settlement (Flake, Bee, Blendu, et al) See above.

House Committee on Appropriations (B) Meeting at 1:30 p.m. in HHR1

HCR20245 voter-approved expenditures; adjustment (Konopnicki) See above.

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. OPPOSE

HB2174 emergency drought transfers (O’Halleran) allows emergency, inter-basin transfers of groundwater if the Governor declares a drought emergency. Just what is a “drought emergency”? In Arizona, that could be normal conditions. It could be another means for shifting more water to fuel growth in areas that may not be able to sustain it. It does have a repeal date of April 2006, so its application is limited. MONITOR.

HB2364 county development rights; transfer (Nelson: O’Halleran, Flake) allows counties to establish a transfer of development rights program. This can be used to help protect sensitive areas. SUPPORT.

Wednesday, February 16^th

House Committee on Commerce at 9:00 a.m. in HHR5

HB2278 cities and towns; energy code (Mason) requires that municipalities adopt the 2003 International Energy Conservation Code for commercial buildings. It authorizes the municipalities to adopt more stringent amendments. This is a good energy conservation measure. SUPPORT.

HB2516 structural pest control commission; responsibility (Groe, Reagan) would be better named if it said irresponsible. It limits the liability of companies relative to their employees’ actions. This seems like a step in the wrong direction. We need more responsibility in these pest control companies, not less. OPPOSE.

House Committee on Government Reform and Government Finance Accountability at 1:30 p.m. in HHR3

HB2440 state lottery; distributions (McComish, Paton) changes the lottery structure and distribution. Our concerns about the Heritage Fund being subject to legislative appropriation are being addressed. NEUTRAL.

Senate Committee on Natural Resources and Rural Affairs at 1:30 p.m. in SHR109

SB1091 has a strike everything amendment dealing with vested water rights; transfer and exchange is likely to be an amendment we do not like. It was not posted yet.

SB1231 will have a strike everything amendment on state land transfer; game and fish. Again the amendment is not posted, but I cannot imagine it will be a good one.

SB1318 flood control; omnibus (Flake, Arzberger, Brown, et al) makes numerous changes related to flood-related erosion prone areas. It defines a “flood-related erosion area” as a land area adjoining the shore of a lake or watercourse and likely to suffer flood-related erosion damage. It allows flood control districts to enter into flood control enhancement solutions, including flood-proofing assistance to property owners within a floodplain, preservation of areas within floodplains, and maintenance of flood warning systems, and more.

SB1349 unlawful feeding of wildlife (Hellon: Cheuvront, Giffords, et al) See above.

SB1392 municipal planning; aggregate mining (Flake: Arzberger, Jarrett, et al) is a ridiculous bill to require a land use element that protects the rock products industry. Why not ask for a special dry cleaning element? How about a special Wal-Mart element? It uses the excuse of the need for “protecting strategic industrial minerals.” It goes on to say that these are the minerals “of current or potential use in supplying the industrial, military or essential civilian needs of this state . . . .” Well, you get the idea. The sand and gravel industry is already exempt from numerous laws and is hardly persecuted. Legislators should reject this bill. OPPOSE.

SB1457 WIFA; emergency assistance (Flake) allows the Water Infrastructure Finance Authority to provide short-term emergency loans to cities, towns, counties, and tribes. This seems okay. MONITOR.

SB1458 WIFA; primacy designation (Flake) establishes that the Arizona Department of Environmental Quality is the primary entity responsible for implementation of the Safe Drinking Water Act in Arizona. MONITOR.

SB1502 channelization districts; interim zoning protection (Jarrett: Arzberger, Johnson, et al) freezes the zoning for these recreational corridor channelization districts. This is more protection for sand and gravel. OPPOSE.

House Committee on Environment at 1:00 p.m. in HHR5

HB2205 sanitary districts; recyclable waste collection (Konopnicki, Brown, Flake) allows a sanitary district in smaller counties (less than 300,000 people) to collect waste that is used in treating and disposing of sewage sludge. This is for the Pinetop-Lakeside sanitary district. They are composting sewage and garbage and selling it as a soil amendment. MONITOR.

HB2358 omnibus solid waste program reform (Barnes, Huffman: Hershberger, et al) removes the requirement that the ADEQ adopt rules for sludge application, removes the timeline requirements for ADEQ relative to solid waste facility plans and permits as those are addressed in the licensing time frames section of the law. It moves the public hearing for a landfill to prior to when they make a decision to approve or disapprove of a facility plan. This is a good provision. SUPPORT.

HB2359 solid waste landfill fee (Barnes, Huffman: Hershberger) increases the tipping fee for solid waste from 25 cents per ton to 40 cents per ton. Of that, 15 cents shall go the solid waste fee fund to provide for ADEQ activities related to solid waste. For landfills that do not have on-site operators, the fee will increase from 6 cents to 11 cents. It requires a two-thirds vote in the legislature as it is a fee increase. SUPPORT.

HB2360 solid waste; penalty; hearing (Barnes, Huffman: Hershberger) clarifies the hearing requirements for someone who has received a penalty. WHATEVER.

HB2374 solar equipment; taxation (Mason, Downing) requires the School Facilities Board (SFB) to develop renewable energy guidelines by June 30, 2006. The guidelines must require the use of solar cooling and solar hot water heating instead of “conventional” methods for all replacements and upgrades if the SFB determines they are appropriate for the school project. It allows the SFB to include other forms of renewable energy in the guidelines as well. It provides for tax credits of 15% of the cost of a residential photovoltaic system not to exceed $3,000 and increases the maximum per residence accumulated tax credits for solar energy devices from $1,000 to $5,000. It provides for tax credits for commercial solar photovoltaic system of 15% of the cost up to $10,000 and for other commercial solar 25% up to $5,000, among other things. It is retroactive for the commercial aspects of it to January 1, 2005. SUPPORT.

HB2391 drinking water equipment (Barnes, Huffman; Hershberger, et al) deletes a provision relating to drinking water systems that require 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. SUPPORT.

HB2520 chemical fire response; task force (Landrum Taylor) requires that the hazardous materials training programs address notification and coordination of services for protection of the public health during and after a chemical or other toxic fire event. It establishes the Arizona Chemical Fire Response Coordination Task Force. SUPPORT.

HB2570 tax credit; renewable energy (Mason) provides tax credits for renewable energy including biomass, livestock waste, geothermal and small irrigation power. We have some concerns about the animal waste aspects of this proposal. MONITOR.

House Committee on Appropriations (P) Meeting at 1:30 p.m. in HHR1

HCR20245 voter-approved expenditures; adjustment (Konopnicki) See above.

House Committee on Government Reform and Finance Accountability and Reform at 1:30 p.m. in HHR3

HB2390 energy efficiency appliance standards (Mason) passed the House Commerce Committee last week. It includes minimum energy efficiency requirements on 15 products not covered by federal standards but already adopted by CA, CT and/or MD (NJ is also now adopting state appliance standards). The model state appliance standards bill was developed by the Appliance Standards Awareness Project (ASAP). The bill bans the sale of non-complying inefficient products in Arizona once the standards take effect in 2008. Manufacturers and retailers have time to prepare. According to the Southwest Energy Efficiency Project this measure will provide $800 million net economic benefit for Arizona households and businesses, increased competitiveness for Arizona businesses and the state economy, and save 2.6 billion gallons of water per year. SUPPORT.

HB2440 state lottery; distributions (McComish, Paton) See above.

HB2646 clean elections; campaign finance; amendments (Konopnicki, Brown: J. Burns) increases the combined total of what candidates can accept from all political committees from $7,000 to $35,000. This seems like a pretty big jump to me. OPPOSE.

Thursday, February 17^th

House Committee on Transportation at 9:00 a.m. in HHR3

HB2292 regional transportation plan; performance audits (Biggs) is an attempt to derail light rail by defunding it if it does not meet some specific performance standards. If only they applied the same standards to freeways we could save some money on concrete. It was held this past week. OPPOSE.

HB2300 local transportation elections; public transportation (Biggs) requires that when a local community votes on transportation, the public transportation elements be voted on separately. We should go ahead and separate out each road too and see how easy it is to pass transportation measures. This is ridiculous. OPPOSE.

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

SB1498 public records; requestors; lawsuits prohibited (Martin: Blendu, Burns, et al) limits when a public entity can file a lawsuit against someone who has requested public records relative to that request. SUPPORT.

SB1499 office of public access counselor (Martin, Blendu, Paton et al) establishes this office in the State Archives and requires that it establish and administer a program to train public official and educate the public on the rights and responsibilities of public agencies under public access laws. It appropriates $250,000 for that purpose. This seems like a good idea.

Joint Committee on Appropriations at 4:00 p.m. in HHR1

Arizona Corporation Commission and Department of Water Resources Budgets

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/ .