Legislative Updates 2005

Howdy! The Legislature was up to no good this week. They passed the bad bills including those to undermine the initiative process, bills to chill environmental advocacy, and bills to divert important resources. They defeated a bill that would have helped protect people and wildlife. A deal was cut on state trust lands that does not provide for conservation. We will know more on this next week. I wish I could say I was shocked.

This week, please call your House members and ask them to oppose HCR20245 voter-approved expenditures; adjustment (Konopnicki). It refers to the ballot a constitutional amendment to undermine the initiative process by allowing the Legislature to reduce funding for ballot measures if it decides there is not enough money to fund a program. It applies retroactively to 1998. They should respect the voters, the initiative process, and reject this measure.

Please call Senators and ask them to oppose SB1333 animal and ecological terrorism. It creates this category of crime and places it in the racketeering statutes. These crimes are already covered under existing laws, so this bill is unnecessary. The legislation is something conjured up by the American Legislative Exchange Council and appears to be intended to suppress legitimate advocacy work rather than afford any greater protection to the public. This is the same bill the Governor vetoed last year. It was a bad idea last year and it still is. Someone who “recklessly” breaks a window has committed a crime, but should they be labeled a terrorist? We already have strong laws against damaging property, trespass, arson and damaging agricultural or lab facilities. The Sierra Club has long condemned violence, including that done in the name of protecting the environment. We use lawful means to accomplish our goals.

Please also call your House members and ask them to oppose HB2295 animal and ecological terrorism. It does the same as the measure above. 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) or go to http://www.azleg.state.az.us/MemberRoster.asp for email addresses and individual phone numbers.

Quick updates:

SB1067 appropriation; Zuni tribe water settlement (Flake, Bee, Blendu, et al) was amended to divert Heritage Fund dollars for the Zuni Tribe water rights settlement. Some people are working to reinstate the general fund provisions. We will have more on this next week.

SB1349 unlawful feeding of wildlife (Hellon: Cheuvront, Giffords, et al) was rejected 3-4 in the Senate Natural Resources and Rural Affairs Committee. 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 supported this measure to help protect people and wildlife, neither of which appears to be a priority for many in the Legislature.

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

Monday, February 21^st

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

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.

HB2613 forest health amendments (Chase, Brown, Gray C., et al) makes some amendments to last year’s program including reducing the required number of employees, promoting a website, etc. This was filed in order to ensure that there would be dueling forest bills. MONITOR.

HB2643 lower Colorado river multispecies conservation (O’Halleran, Robson, Weiers J., et al) provides for an additional registration fee on watercraft and an additional charge on trout stamps to help fund this multispecies conservation plan. This plan is pretty weak and does not provide for protection of species south of the border.

HB2728 Arizona water settlements act (Weiers J., Allen J., Chase, et al) implements a groundwater withdrawal fee and a replenishment fee in the Pinal Active Management area. It also has restrictions on groundwater pumping for irrigation in certain areas and has noticing requirements for noticing the tribes relative to new wells and a number of other measures to comply with this congressionally approved water settlement. MONITOR.

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

SCR1036 elections; prohibit taxpayer funding (Huppenthal) refers to the ballot a measure to prohibit taxpayer money to be used to fund any political candidate or campaign for statewide office or the Legislature. It repeals the Clean Elections system. OPPOSE.

SCR1029 constitutional amendments; single subject (Huppenthal: Gould, Verschoor) refers to the voters a measure to eliminate the separate-amendment provision of the Arizona Constitution. It will have a strike everything amendment that is not yet posted. OPPOSE.

There will also be several bills on voter registration issues.

House Committee on Federal Mandates and Property Rights at 1:30 p.m. in HHR3

HCM2006 free trade area of Americas (Carpenter, Barnes, Burges, et al) asks Congress not to enter into this agreement because it undermines U.S. sovereignty. These trade agreements are bad for the environment as well.

Tuesday, February 22^nd

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

HB2053 property valuation; advisory committee (Huffman) will have a strike everything amendment (that is an amendment that takes and replaces the entire bill with a new bill) that deals with municipal ballot measures; signatures. I think it is the reincarnation of HB2351 and will it more difficult to do local referendum. OPPOSE.

HB2066 municipal incorporation; technical correction (Nelson) will have a S/E development fees; cities and towns. It was not yet posted.

HB2277 water providers; water plans (O’Halleran, Hershberger, Landrum Taylor, et al) will have a strike everything on the same subject. The bill requires public water systems to prepare a system water plan that includes a water supply plan, drought preparedness plan, and a water conservation plan.  SUPPORT.

HB2328 local ballot questions; full disclosure (Gray C.: Anderson, Chase, et al) requires legislative council to prepare an “impartial analysis” for local ballot measures. This is a bad idea. The legislative council staff does a good job on these most times, but the legislators interfere and produce a biased analysis. OPPOSE.

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

SB1504 regional transportation plans; development ballot (Verschoor: Biggs) requires light rail to be listed a separate component if there is vote on a regional transportation plan. Again, if they also let us vote separately on individual roads, we might consider it. OPPOSE.

Wednesday, February 23^rd

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) will have a S/E same subject. 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.

HB2520 chemical fire response; task force (Landrum Taylor) requires hazardous materials training programs to 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.

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

HB2328 local ballot questions; full disclosure (Gray C.: Anderson, Chase, et al) See above.

HB2487 corporation commission; health and safety (Downing, Lopes) will have a S/E on corporation commission; elections. It is not posted.

HB2491 voter verified paper record (Downing) requires a paper record for voting. This is a good idea.

HB2613 forest health amendments (Chase, Brown, Gray C., et al) 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.

HB2700 public participation in government; protection (Lopes: Aguirre A., Burns J., et al) limits the use of Strategic Lawsuits Against Public Participation for public statements. SUPPORT.

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

SB1091 department of agriculture; technical correction (Flake) will have a S/E amendment that deals with vested water rights; transfer and exchange. It is not posted.

SB1135 solid waste landfill fee (Allen) 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.

SB1139 solid waste program reform; omnibus (Allen) removes the requirement that the ADEQ adopt rules for sludge application and it moves the public hearing for a landfill to prior to when they make a decision to approve or disapprove of a facility plan, among other things. This is a good provision. SUPPORT.

SB1140 department of environmental quality; continuation (Allen) continues the ADEQ for another 10 years through 2016. SUPPORT.

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. MONITOR.

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.

SB1419 WQARF; reconcile conflicting amendments (Allen) S/E WQARF; dry cleaning facilities; program. It is not posted.

SB1483 tax credits; water conservation systems (Giffords, Gray C., Lopez L., et al) provides for individual and corporate income tax credits for the installation of water conservation systems and plumbing. SUPPORT.

SB1500 state trust land reform (Flake, Aguirre, Bee, et al) s/e same subject. The strike everything amendment was not available. Apparently there are certain interests that are being included in these discussions, but even the local land trust are not being allowed to participate and advocate for their Arizona Preserve Initiative lands. If this measure substantially advances conservation in any way, I would be surprised. It is likely to make it easier to develop state trust lands. Now that is what the public has been clamoring for (note sarcasm here). OPPOSE.

SB1502 channelization districts; interim zoning protection (Jarrett: Arzberger, Johnson, et al) will have a S/E same subject. It freezes the zoning for these recreational corridor channelization districts. This is more protection for sand and gravel. OPPOSE.

SCR1039 state trust land reform (Flake, Aguirre, Bee, et al) is the companion to SB1500. It refers to the ballot a measure which provides for state trust land exchanges, limited conservation (only lands that are already designated under the Arizona Preserve Initiative, about 44,000 acres), allows the state to give away pre-1968 road and flood control easements, and allows them to convey future easements for less than full consideration, and more. It is a not a good conservation package. We oppose this measure because it does not address conservation and it allows for exchanges. Exchanges exacerbate urban sprawl, plus the public gets ripped off. OPPOSE.

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

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. This will be amended significantly. MONITOR.

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. OPPOSE.

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

SCR1020 budget stabilization act (Martin, Burns, Harper, et al) prohibits the Legislature from appropriating, starting FY 2007-2008, state revenues that exceed the amount of state revenues appropriated in the preceding year, with adjustments made for changes in population, cost of living and transfers of government functions. This is guaranteeing mediocrity into the future. OPPOSE.

Senate Committee on K-12 Education at 1:30 p.m. in SHR1

SB1009 school buildings; air quality (Gray) provides for improving air quality in schools. It will be amended to remove the inspection provisions and will instead require the School Facilities Board to provide information on improving the indoor environment to schools at least every two years. SUPPORT.

Thursday, February 24^th

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

Presentation on land use planning.

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.

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

HB2326 emissions testing; in lieu repeal (Gray C., Biggs, Chase, et al) eliminates the in lieu fee for emissions. This would eliminate a lot of funding for Clean Air programs. OPPOSE.

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/ .