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Legislative Updates 2005

To: Conservation Friends

From: Sandy Bahr, Conservation Outreach Director, Sierra Club

Date: April 22, 2005 (Happy Earth Day!)

Re: Legislative Update #15

Howdy! I hope you enjoy Earth Day and take the time to do a little something for your community —carpool, bike, or take the bus, help clean up a park or trail, smile and wave at your neighbors (or the person who cuts you off in traffic), pick up some trash, read a book to a child (I recommend The Lorax by Dr. Seuss.), take Muir’s advice and get out and enjoy Arizona’s wonderful public lands, and most importantly call, email or write your legislators and the governor. While there is much fuss by the media these days about that piece on the “Death of Environmentalism”, my view is that we are just getting started on protecting the planet. There are thousands of people (including you) throughout Arizona doing what they can to protect the air, water, land, and wildlife. Hats off to them and to all of you! In the words of Marion Wright Edelman, “You really can change the world if you care enough.”

SB1067 appropriation; Zuni tribe water settlement (Flake, Bee, Blendu, et al) passed out of the House 33-26-1. It was close, but unfortunately we could not get three more people to switch their votes to “NO”. The bill is now on the Governor’s desk. Please call or email the Governor and ask her to veto SB1067 and to protect the Arizona Heritage Fund. The bill appropriates $1,596,000 for the state to comply with the Zuni Tribe water rights settlement, but diverts $800,000 in FY 2005-2006 and $796,000 in FY 2006-2007 from the Arizona Game and Fish Heritage Fund. It is an inappropriate and unnecessary diversion of these dollars which are supposed to protect wildlife and wildlife habitat. The State should meet this commitment with general fund dollars, just as it has with previous water rights settlements.

To reach the Governor, call 602-542-4331 or toll free 1-800-253-0883. Her fax number is 602-542-1381 and her address is 1700 West Washington, Phoenix, Arizona 85007. 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

SB1009 school buildings; air quality (L. Gray) passed out of the Senate 23-4-3 and is now on the Governor’s desk. Provided the Governor signs it, this is one small victory for the kids and will provide an incremental improvement in the school conditions. 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. If you have a chance, ask the Governor to sign this bill and also the following bill.

HB2390 energy efficiency appliance standards (Mason) passed out of the House 47-13 and is on the Governor’s desk. This bill sets the minimum level of energy efficiency for 12 products such as commercial refrigerators and freezers and traffic signals not covered by federal standards. It will save dollars, energy and water.

PLEASE CALL SENATORS AND ASK THEM TO OPPOSE THE FOLLOWING BILLS:

HB 2461 NOW: beautification; highways; advertising regulation (Gorman: Pierce) was amended in Conference Committee. 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. OPPOSE.

SB1193 NOW: regulations; outdoor advertising remedies; definition (Martin) 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. OPPOSE.

SB1166 S/E: animal and ecological terrorism (Verschoor) passed out of the House 33-26-1. It represents more of a political agenda rather than an attempt to solve any real problems. The Sierra Club has long condemned violence, including that done in the name of protecting the environment. There are ample conditions under current law to prosecute those engaged in illegal conduct of this nature, however. This bill is unnecessary. We have strong laws against damaging property, trespassing, and arson and even specifically against damaging agricultural or lab facilities. The bill also lowers the standard for what constitutes terrorism. OPPOSE.

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).

Here are a few bill updates:

SB1283 S/E forest health is a rehash of the forest bill that was just vetoed by the Governor. It contains only minor changes. (It no longer includes the website requirement, the provision that makes the state wildland-fire safety committee a liaison with the federal government, and the provision that loosened the quorum requirements for the committee). The bill is the same in that it still includes wide open subsidies for logging of large trees, old growth, and other “woody vegetation.” It is on the Appropriations Committee Agenda for Monday. OPPOSE.

HB2462 NOW: outdoor advertising (Gorman: Pierce) was signed by 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) is on the House COW agenda for Monday. It 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) will move forward next week with amendments. 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. OPPOSE.

SB1455 NOW: DEQ; continuation (Flake) passed out of the House 55-2-3 and awaits Final Passage in the Senate. It continues the Arizona Department of Environmental Quality (ADEQ) for four years. SUPPORT.

SB1461 voluntary environmental performance program (Flake, Allen, Huffman, et al) awaits Senate final action. 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. It directs the ADEQ director to set up a program that provides certain privileges 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) passed the House 39-19-2 and has been transmitted to the Secretary of State. It is a postcard to Congress blaming the Endangered Species Act for downfall of civilization. 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: 04/22/05

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