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Legislative Updates 2005

To: Conservation Friends

From: Sandy Bahr, Conservation Outreach Director, Sierra Club

Date: April 15, 2005

Re: Legislative Update #14

Howdy! Happy tax day. When we cut our check to the government, we ease the pain by thinking about the funding that goes to programs that help plants and wildlife, our wonderful national parks, monuments and wildlife refuges, and wilderness areas like the Eagletails and Bear Wallow. It would be nice if more of our tax dollars went to protecting these incredible places and the many species that need that lifeline that is the Endangered Species Act. Unfortunately, the Bush administration and the Congress continue to starve these important programs.

This week, please call Senators and ask them to support SB1009 school buildings; air quality (L. Gray). It passed out of the House 32 -24-4 and awaits final passage in the Senate. 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.

Also call House members and ask them to support HB2390 energy efficiency appliance standards (Mason). It passed out of the Senate 19-10-1 despite Senator Gould’s attempts to stop it by saying the Sierra Club supported it. This bill 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.

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).

Governor Napolitano vetoed HB2613 forest health amendments (Chase, Brown, Gray C., et al). This bill promotes the irresponsible use of the public’s dollars and will result in tax subsidies for destructive forest activities that will continue and exacerbate unhealthy forest conditions. If you have not done so already, please call, write, or email the governor and tell her that you appreciate her veto and her recognition that this bill was not good for Arizona’s forests or for Arizona’s taxpayers. To reach the Governor, call 602-542-4331 or toll free 1-800-253-0883. Her fax number is 602-542-1381. To email her, either click on the following link or cut and paste it into your server http://www.governor.state.az.us/post/feedback.htm Her address is 1700 West Washington, Phoenix, Arizona 85007.

I know you are probably sick of hearing about this one. I am too. The unnecessary, overreaching, and blatantly unconstitutional animal and ecological terrorism bill is supposed to be amended on the House Floor on Monday. 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. Please also call House Members and ask them to oppose this bill.

Here are a few bill updates:

SB1067 appropriation; Zuni tribe water settlement (Flake, Bee, Blendu, et al) did not go to Committee of the Whole this past week. Stay tuned for a possible alert on this as they may try to reinstate the diversion of Heritage Fund dollars.

HB 2461 NOW: beautification; highways; advertising regulation (Gorman: Pierce) passed out of the Senate 19-10-1. 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. Senator Giffords was able to have it amended to say they would not be allowed within 75 miles of an astronomical observatory. This is likely to get stripped off in conference committee.

HB2144 S/E outdoor advertising; remediation (Gray C) is off the table, but its sister bill, SB1193 NOW: regulations; outdoor advertising remedies; definition (Martin), is moving. This 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. It passed out of the House 32-24-4.

HB2462 NOW: outdoor advertising (Gorman: Pierce) passed out of the Senate 19-8-3 and has been transmitted to the Governor. 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.

SB1380 S/E solar energy (Martin) still awaits action by Rules and appears to be languishing in the House. 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) was retained on the Committee of Whole Calendar in the House. We can only hope that is where it stays. This bill 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 NOW: DEQ; continuation (Flake) was amended to continue the Arizona Department of Environmental Quality (ADEQ) for four years. There was much gnashing of teeth and complaints about ADEQ not properly following protocol relative to the committee chair. I guess if you offend a legislator or don’t show the proper deference that is enough of a reason to sunset an agency or renew it for fewer years. It brings to mind the book, All I Really Need to Know I Learned in Kindergarten. Some legislators may need a refresher course. The bill awaits a Third Read in the House.

SB1461 voluntary environmental performance program (Flake, Allen, Huffman, et al) passed out of the House 37-22-1. This is a polluter sweetheart deal bill and represents 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. OPPOSE.

SCM1002 endangered species act; urging reform (Flake, Blendu, Jarrett), the postcard to Congress blaming the Endangered Species Act for downfall of civilization awaits a Third Read in the House. OPPOSE.

HCM2007 CAP water priority (Mason, Chase, Landrum Taylor, et al) passed out of the Senate 21-8-1 and was transmitted to the Secretary of State who is supposed to send it off to Congress. Among other things, the bill encourages Congress to take actions 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: 04/15/05

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