Legislative Updates

Archives

Legislative Updates 2005

To: Conservation Friends

From: Sandy Bahr, Conservation Outreach Director, Sierra Club

Date: April 8, 2005

Re: Legislative Update #13

Howdy! This week a lot of issues are coming to a head, so we will be asking you to make a few more calls than usual. We urge you to call whenever you can; members email capacity is relatively limited and many only review it once each week. If you can’t call, do send an email however. The committee hearings are pretty much over with the exception of a couple in the Senate, including one to consider some executive nominations in the Natural Resources and Rural Affairs Committee. I think they could wrap up in a couple of weeks.

Please call and ask your two Representatives to support SB1009 school buildings; air quality (L. Gray). It will help improve the quality of the indoor environment in our schools. It requires the School Facilities Board (SFB) to provide school districts with information on improving the indoor environmental conditions at least once every two years. It also requires that SFB ensure that an environmental site assessment is conducted prior to approval of a new school building project and prohibits SFB from approving a project site if that site cannot meet, with reasonable expenditures, the same criteria established for residential properties. Finally, it requires that each school district governing board ensure that all of its HVAC equipment is maintained and operated properly. Go to http://www.azleg.state.az.us/MemberRoster.asp for individual email addresses and phone numbers. 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 you can also call (602) 926-3559 (Senate) or (602) 926-4221 (House).

SB1067 appropriation; Zuni tribe water settlement (Flake, Bee, Blendu, et al) will likely go to the Committee of the Whole next week. Please call your Representatives and ask them to support the Natural Resources and Agriculture Committee Amendment to have the dollars appropriated from the general fund rather than the Heritage Fund. Ask them to oppose the bill if the amendment is not adopted.

Also, call Senators and ask them to support HB2390 energy efficiency appliance standards (Mason). It sets the minimum level of energy efficiency for 13 products such as commercial refrigerators and freezers and traffic signals not covered by federal standards. It will save dollars, energy and water.

Ask your legislators to just say “no” to all bad billboard bills! The beauty of our state is undeniable. From the Sonoran Desert to the ponderosa pine forests, from the grasslands to the piñon-juniper, Arizona is a spectacular and amazingly scenic state. In many parts of our state, we are also blessed with dark skies where a multitude of stars are visible to the naked eye. Why further risk the beauty of our state or its dark skies, so a couple of billboard companies can make a few more bucks?

HB2144 S/E outdoor advertising; remediation (Gray C) is being considered in the Senate. The bill attacks municipal billboard enforcement. It is the latest way for Clear Channel to get special protections for its illegal billboards in the City of Tucson. The bill creates a special class of property rights only for nonconforming billboards and rewards companies who have built without permits, use permits or variances. SB1193 S/E regulations; outdoor advertising remedies; definition (Martin) is the same as HB2144, but is being considered in the House.

HB 2461 NOW : beautification; highways; advertising regulation (Gorman: Pierce) is being considered in the Senate. It allows electronic billboard displays that could change messages as often as every six seconds. There are no limitations on brightness or size, and there are also no shielding requirements. This bill is a threat to our remaining dark skies as well as a threat to the astronomy industry. The bill effectively reverses much of the policy under the 1970 Arizona Highway Beautification Act prohibiting such displays.

HB2462 NOW: outdoor advertising (Gorman: Pierce) is a companion to HB 2461 and is being considered in the Senate. It adds new definitions relating to outdoor advertising that is placed or maintained along the highways. This bill exempts many huge commercial signs from the Arizona Highway Beautification Act altogether, no matter high far they are from the actual business they advertise.

The unnecessary, overreaching, and blatantly unconstitutional animal and ecological terrorism bill is likely to move this week. SB1166 S/E: animal and ecological terrorism (Verschoor) contains vague language and penalties for violent crimes that are covered under existing laws. 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. There is likely to be a floor amendment on this bill, but we questions whether there is anything they can do at this point to make this bill less than offensive. Please let your legislators know that you oppose this bill.

Here are a few other bills that are still in the mix.

SB1380 S/E solar energy ( Martin) passed out of the House NRA Committee and awaits action by Rules. The bill 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. SUPPORT .

SB1393 aggregate mined land reclamation act (Flake: Johnson, Soltero et al) establishes the mined land reclamation division at the mine inspector’s office and puts the reclamation for sand and gravel solely under the purview of the state mine inspector, a cheerleader for mining industry. This bill could make it impossible to enforce things like the fugitive dust ordinance if the sand and gravel companies are engaged in a “reclamation” activity. The bill gives broad authority for variances. The public notice provisions are weak. It mandates that the inspector give up to 15 years in extensions relative to reclamation and it allows him to establish a fee in rule. OPPOSE.

SB1455 S/E: DEQ; continuation (Flake) continues the Arizona Department of Environmental Quality (ADEQ) for just two years. There is likely to be a floor amendment to extend that to five years. Most agencies get 10 year continuations. This bill is the result of the whining of some in the business community who apparently cannot tolerate even a little enforcement.

SB1461 voluntary environmental performance program (Flake, Allen, Huffman, et al), the polluter sweetheart deal bill is scheduled for the floor this week. This is the kind of enforcement the Arizona Chamber of Commerce loves ­ penalties being waived and information being kept from the public. The bill directs the 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. Any documents that are disclosed so they get out of a civil penalty are also secret. What a great deal. OPPOSE.

SCM1002 endangered species act; urging reform (Flake, Blendu, Jarrett), the postcard to Congress blaming the Endangered Species Act for downfall of civilization will also likely come to the Floor this week. OPPOSE .

HB2613 forest health amendments (Chase, Brown, Gray C., et al) will be Third Read in the Senate this week. Thanks to Senator Garcia and Senator Giffords for trying to place reasonable floor amendments on the bill. The bill further promotes various kinds of tax subsidies including transaction privilege tax, income tax, and property tax for the forest products industries. It also cuts the use tax in half for vehicles that are transporting forest products. The bill does not promote or subsidize the products for which there is no market —small diameter trees— but instead leaves it wide open for subsidies for logging old growth and larger diameter trees. The small trees also represent the greatest fire risk for communities. OPPOSE.

HCM2007 CAP water priority (Mason, Chase, Landrum Taylor, et al) is another postcard to Congress which among other things encourages Congress to take actions including to operate the Yuma desalting plant. We oppose it does not make economic sense as it is very costly and it will harm the environment by destroying the Ciénega de Santa Clara, located at the eastern edge of the Colorado River Delta. It is an open water wetland that covers more than 40,000 acres and is the largest remaining wetland in the Delta. 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/ .

Page updated: 04/08/05

Back to 2005 Legislative Updates page

Sierra Club, Grand Canyon Chapter, 202 E. McDowell Rd, Suite 277, Phoenix, AZ 85004, (602) 253-8633