Legislative Updates 2005

Hi all! It was a tough week at the legislature this week. They were unwilling to kill many of the bad bills that are moving through the process. Some legislators expressed concerns about the legislation, but wanted to “keep the discussion going,” so they voted several bills out. The “discussion” may go all the way to the governor’s desk on some of these. I am not sure how they plan to control these bills or expect to get another opportunity to vote on them, when they are sending them over to the other house and who knows what will happen there. Next week will include a lot of Floor and budget work, but limited work in the committees.

 This week, please call your Representatives and ask them to oppose HB2053 NOW: municipal ballot measures; signatures (Huffman). HB2053 has appeared in various forms over the last several years and has either been rejected by the Legislature or vetoed by two different governors. HB2053 makes it more difficult for citizens to put a zoning referendum on the ballot in smaller cities and towns. It allows cities and towns of less than 50,000 people to change the signature requirement for a referendum from a percentage of those who voted in the last city general election for mayor or council to a percentage of those who voted in the last presidential or gubernatorial election, whichever occurred last. That means more signatures will be required ­ more than double in some instances. Because people only have 30 days to gather signatures for a local measure, allowing this change and increasing the number of signatures in this manner will raise the hurdle significantly for a local referendum. This bill would set tougher standards for referenda in smaller communities than for large ones. Why should it be easier to do a zoning referendum in Tucson than it is in Marana?

Please also contact your state Representatives as soon as possible and urge them to support energy efficiency (HB 2390) and solar energy (HB 2374) legislation, both of which should come to the Floor of the House this week.

HB2390 energy efficiency appliance standards (Mason) sets the minimum level of energy efficiency for 13 products such as commercial refrigerators and freezers and traffic signals not covered by federal standards. Through using less energy, this legislation would save $700 million for Arizona consumers and businesses over the next 25 years; save 15 billion gallons of water by 2020; and save energy by avoiding one electric power plant by 2020. The standards apply only to new products ­ they do not affect existing products already purchased and used by consumers and businesses.

HB2374 solar equipment; taxation (Mason, Downing) provides for residential and commercial tax credits for solar energy devices. There are limits on the credits. This helps open the door for more solar development in Arizona which would benefit public health and the economy and create more energy independence.

 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).

Here are a few updates:

SB1333 NOW: ecological and animal terrorism was substituted for HB2295 on the Floor of the House and passed out 34-24-2. The Governor vetoed this last year. We hope she will do the same this year. Please thank the 24 Representatives who voted no. They include Representatives: A. Aguirre aaguirre@azleg.state.az.us 926-4430; Alvarez malvarez@azleg.state.az.us 926-5895; Bradley dbradley@azleg.state.az.us 926-3300; Burton Cahill mbcahill@azleg.state.az.us 926-5896; Cajero Bedford ocajerob@azleg.state.az.us 926-5835; Downing tdowning@azleg.state.az.us 926-5108; Gallardo sgallard@azleg.state.az.us 926-3392; M. Garcia mgarcia@azleg.state.az.us 926-5830; Hershberger phershbe@azleg.state.az.us 926-5839; Kirkpatrick akirkpat@azleg.state.az.us 926-5160; Landrum Taylor llandrum@azleg.state.az.us 926-5864; Lopes plopes@azleg.state.az.us 926-3278; Lopez llopez@azleg.state.az.us 926-4089; Lujan dlujan@azleg.state.az.us 926-5829; McCune Davis ddavis@azleg.state.az.us 926-5412; Meza rmeza@azleg.state.az.us 926-3425; B. Miranda bmiranda@azleg.state.az.us 926-4893; O’Halleran tohaller@azleg.state.az.us 926-4079; Prezelski tprezels@azleg.state.az.us 926-3424; P. Rios prios@azleg.state.az.us 926-5761; Reagan mreagan@azleg.state.az.us 926-5828; Sinema ksinema@azleg.state.az.us 926-5058; Tom atom@azleg.state.az.us 926-5862; and Tully stully@azleg.state.az.us 926-5977. (All numbers are 602. You can also use the 1-800 number listed above.)

 SB1067 appropriation; Zuni tribe water settlement (Flake, Bee, Blendu, et al) passed out of the Senate 18-11-1. It diverts $796,000 in Game and Fish Heritage Funds for this water settlement. Game and Fish has already contributed $6 million to this settlement. The Game and Fish portion of the Heritage Fund provides funding from lottery proceeds for protection of habitat for Arizona's wildlife. OPPOSE.

SCR1029 constitutional amendments; single subject (Huppenthal: Gould, Verschoor) passed out of the Senate 17-11-2. It 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. The measure would replace it 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. OPPOSE.

HB2461 beautification; highways; advertising (Gorman: Pierce) and HB2462 highway beautification; outdoor advertising (Gorman: Pierce) both passed out of the House 36-22-2. HB2461 sets a 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 threatens what remains of our “dark skies”. HB2462 exempts many huge commercial signs from the Act altogether, no matter how far they are from the actual business they advertise. OPPOSE

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

Monday, March 14^h

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

SB1190 exempt wells (Flake, Arzberger, Blendu, et al) restricts the drilling of exempt wells near municipal wells and their operating water distribution system (within 100 feet). SUPPORT.

Wednesday, March 17^th

Senate Committee on Natural Resources and Rural Affairs at 4:00 p.m. in SHR109

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 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. SUPPORT.

 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 U.S. to contribute to water contamination. MONITOR.

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.

House Committee on Environment at 4:00 p.m. in HHR5

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. MONITO

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.

House Committee on Government Reform and Government Finance Accountability at 4:00 p.m. in HHR3

SB1455 agency inspection report; deficiency correction (Flake) requires agencies to back off on an enforcement action relating to a problem found in an inspection relating to a license or permit and instead requires that they give an opportunity to correct a deficiency. This measure will significantly undercut the enforcement ability of agencies like the Arizona Department of Environmental Quality. Current law allows discretion in allowing correction of deficiencies, but this makes it mandatory. To make matters worse, the bill also requires that the agencies provide this “get-out-of-jail-free card” unless there is, “A significant risk to any person, the public health, safety or welfare or the environment.” 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/ .