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Legislative Updates 2005To: Conservation Friends From: Sandy Bahr, Conservation Outreach Director, Sierra Club Date: March 4, 2005 Re: Legislative Update #8 Hi all! This week the House and Senate moved forward a lot of bad ideas and a few good ones. They also did a fair amount of work on the budget. (When they say lean and mean, they heavily emphasize the mean part.) One senator told me, “I hate my job.” This was in a conversation about how legislators appear to be going out of their way to be mean and nasty, when simply disagreeing would do the job. Because of this attitude, we need your voices— including your calls, emails, faxes, and letters — more than ever. Legislators need to know that people care and that the direction they are taking Arizona is just plain wrong. (Please read to the bottom of this to find out how you can take a break from the politics and help out on the ground.) On the mean side of things, the Senate passed SB1333 NOW: ecological and animal terrorism by a vote of 18-11-1. Please thank the 11 senators who took the time to seriously review this bill: Aguirre laguirre@azleg.state.az.us (602) 926-3830, Arzberger marzberg@azleg.state.az.us 926-4321, Brotherton bbrother@azleg.state.az.us 926-4485, Cheuvront kcheuvro@azleg.state.az.us 926-5325, Garcia jgarcia@azleg.state.az.us 926-4171, Giffords ggifford@azleg.state.az.us 926-5262, Hale ahale@azleg.state.az.us 926-4323, Miranda rmiranda@azleg.state.az.us 926-5911, Mitchell hmitchel@azleg.state.az.us 926-4124, Rios rrios@azleg.state.az.us 926-5685, Soltero vsoltero@azleg.state.az.us 926-5342. The House did not pass the companion measure, HB2295, however, so you still have time to call. Please keep up the pressure on House members. I urge you to call, email, or fax, whatever you can do over the weekend or first thing Monday morning. It will be tough to defeat this bill, but let’s at least make it easier for the Governor to veto it again. HB2295 animal and ecological terrorism 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, and it is overly broad and vague, so could have constitutional problems as well. It 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. PLEASE TAKE THE TIME TO CALL SENATORS AND ASK THEM TO OPPOSE BOTH SB1067 —ANOTHER HERITAGE FUND RAID—AND SCR1029—AN ATTEMPT TO MESS UP THE ARIZONA CONSTITUTION IN A BIG WAY. SB1067 appropriation; Zuni tribe water settlement (Flake, Bee, Blendu, et al) appropriates $1,596,000 for the state to comply with the Zuni Tribe water rights settlement. The bill was amended in Appropriations to divert $796,000 in Game and Fish Heritage Funds. Game and Fish has already contributed $5 million to this settlement. The Heritage Fund was designed to provide funding from lottery proceeds for protection of habitat for Arizona's wildlife; support historic preservation and preservation of archaeological sites; create and improve community and state parks; promote an excellent trail system in Arizona; and provide funding for environmental education. The law says that $10 million dollars per year is allocated to State Parks and $10 million dollars per year is allocated to the Game and Fish Department through the Arizona Heritage Fund. SCR1029 constitutional amendments; single subject (Huppenthal: Gould, Verschoor) refers to the voters a measure to eliminate the provisions in the Arizona Constitution which require only one subject, one question, be asked in a single constitutional amendment. It proposed to replace this provision with the lower standard for statutes. According to a recent Arizona Supreme Court decision on the single amendment provision, “The clear import of this provision is that voters must be allowed to express their separate opinion as to each proposed constitutional amendment.” SCR1029 is one of the worst ideas we have seen in recent days —and there have been many. That means we could be looking at 100-page constitutional amendments that throw in everything but the kitchen sink. How does that serve the state of Arizona or the public’s interest? Finally, I know I am asking you to make a lot of calls and/or to send a lot of emails, but please do ask your representatives (in the House) to oppose HB2461 beautification; highways; advertising (Gorman: Pierce) and HB2462 highway beautification; outdoor advertising (Gorman: Pierce). HB2461 sets a state standard that would allow billboards to have electronic panels that could change copy as frequently as every six seconds and effectively reverse 35 years of sound public policy under the Arizona Highway Beautification Act prohibiting such displays. It also further threatens what remains of our “dark skies” in Arizona. HB2462 exempts many huge commercial signs from the Arizona Highway Beautification Act altogether, no matter how far they are from the actual business they advertise. If you're outside the Phoenix area, you can call your legislator's office toll free at 1-800-352-8404. Go to http://www.azleg.state.az.us/MemberRoster.asp for individual email addresses and phone numbers. In the Phoenix area you can also call (602) 926-3559 (Senate) or (602) 926-4221 (House). Quick updates: SB1009 school buildings; air quality (Gray), a measure that provides for improving air quality in schools was withdrawn from the Appropriations Committee, so it now has a better shot at moving forward. SUPPORT. HB2326 emissions testing; in lieu repeal (Gray C., Biggs, Chase, et al) eliminates the in lieu fee for emissions. This was held in House Appropriations and appears to be dead. OPPOSE. HB2374 solar equipment; taxation (Mason, Downing) 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 passed out of House Appropriations 12-0-0-3. SUPPORT. Here’s the schedule of key issues for this coming week: Monday, March 7h House Third Reads at 9:00 a.m. Tuesday, March 8th Senate Committee on Transportation at 1:30 p.m. in SHR1 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. We need to watch this to ensure there is no backsliding on air quality. MONITOR. Senate Committee on Appropriations at 1:30 p.m. in SHR109 SB1459 appropriation; river reservoir (Flake, Brown) deposits $750,000 in the dam repair fund for dam repair on the Little Colorado River. MONITOR. SB1461 voluntary environmental performance program (Flake, Allen, Huffman, et al) sets up a voluntary environmental performance program. It directs the Arizona Department of Environmental Quality (ADEQ) director to set up this program that provides certain privileges — both mandatory and elective elements — to companies that set up an environmental performance program. There are many problems with this. An entity that develops an environmental performance management gets to sue the department if it doesn't like what the department does, but the public has no such right. These written cooperative agreements are entered into without public oversight, although the agreements themselves are public. Public oversight is essential for any kind of such program. There is no review of the director’s decision to enter into an agreement. The director is to consider public comments, but does not have to respond to them. At a minimum a response should be required. This is just another version of a “polluter protection act.” OPPOSE. Special Joint Meeting of House Appropriations (B) and Appropriations (P) at 1:30 p.m. in HHR1 Review of proposed FY2006-2007 Budget Wednesday, March 9th Senate Committee on Natural Resources and Rural Affairs at 1:30 p.m. in SHR109 HB2174 emergency drought transfers (O’Halleran) will have a Strike Everything amendment on assured water supply; fees; advisory committee. MONITOR. HB2180 Spur Cross Ranch conservation area (O’Halleran) directs the State Parks Board to hold and maintain in perpetuity an irrevocable conservation easement for preserving Spur Cross Ranch in a “substantially” natural state and deletes reference to it as a state park. While we support the end result Spur Cross is protected we are concerned about the process used. While the state never intended to keep it as a state park, that was used to get the original proposal through, the conservation easement has already been drafted and signed, so this is a rubber stamp on what has already happened. They should have come for the legislation first and actually discussed the conservation easement and whether or not it was the best way for the state to maintain its interest in the property. MONITOR. HB2358 omnibus solid waste program reform (Barnes, Huffman: Hershberger, et al) authorizes the ADEQ to adopt rules requiring financial assurance demonstrations for biohazardous medical waste transporters, facility owners and operators and it allows ADEQ to inspect sites that store, treat or process recyclable solid waste. It also requires the ADEQ to hold a public hearing for a landfill at least 30 days prior to when they make a decision to approve or disapprove of a facility plan. Currently, the hearing is held after the fact. This is a good provision. SUPPORT. House Committee on Environment at 1:00 p.m. in HHR5 HB2727 municipal tank closure; tribal eligibility (Brown) makes tribes eligible for the municipal tank closure program. This seems like a fine idea. Why distinguish the tribes from the cities, towns and counties that have access to this program and these dollars. SUPPORT. SB1154 vehicle fuel: prohibited oxygenates (Allen) limits the use of certain oxygenates including methanol, isopropanol, etc. It makes Arizona gasoline standards consistent with California’s. MONITOR. SB1275 air quality; fuel formulations (Blendu) provides that subject to federal approval, a gasoline-ethanol blend containing less than ten percent by volume of ethanol to be sold in Arizona. MONITOR. SB1414 recreational corridor districts; formation limitation (Burns, Blendu, Harper et al) limits the formation of future taxing districts. New taxing districts appear to be unpopular, unless someone’s favorite industry or relative can benefit. NEUTRAL. 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. Saturday, March 12th For a change of pace, a break from the politics, and to help make a difference, please join us for this Saguaro National Park Service Project. We will be helping the National Park Service to revegetate an area in Saguaro National Park. There are several former roads in the Eastern part of the Park that need this work. We will meet at 9 a.m. at the Rincon Mountain District (east side) visitor center. There will also be a carpool leaving Phoenix at 6:15 a.m. Please bring a lunch, snacks, water, and your favorite work gloves. We will provide some light refreshments. This is a great opportunity to help out one of Arizona’s premier national parks. As you know, our national parks are increasingly being forced to do more with fewer and fewer resources. We can all do our part by volunteering a few hours to lighten the load. For more information or to sign up to help with this project, please contact Sandy Bahr at (602) 253-8633 or grand.canyon.chapter@sierraclub.org , Phoenix, or Ken Langton (520) 749-3829 or kplangton@msn.com ,Tucson. R.S.V.P. by March 7th so we can be sure and have enough tools. Thanks! 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/ . Page updated: 03/04/05 Back to 2005 Legislative Updates page Sierra Club, Grand Canyon Chapter, 202 E. McDowell Rd, Suite 277, Phoenix, AZ 85004, (602) 253-8633 |