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Legislative Updates 2006Sierra Club 2006 Legislative Update #5 February 10, 2006 Hello Conservation Friends! Thanks for all your support this past week. We had a great turnout at Environmental Day — approximately 70 people and at least 10 legislators — plus numerous people met with their legislators and got to know them a bit. This coming week will be one of the busiest of the session, so this update is long, long, long. It is impossible for legislators to make informed decisions when they have these long agendas and so many bills to consider — and it shows. Check out the Legislative Tracker at http://arizona.sierraclub.org/political_action/tracker/ for more details on key bills below. Please call members of the Senate Health Committee and the Senate Natural Resources and Rural Affairs (NRRA) Committee and ask them to please support SB1350 pesticides; child care facilities; notifications (Allen). The bill was held this past week. It requires that a pesticide applicator notify a child care facility at least seventy- two hours in advance of any pesticide application and requires that the child care facility notify parents, guardians, and children, and personnel at least forty-eight hours in advance of any pesticide application. Currently notification laws are in place for school aged children attending schools, but not child care facilities. It provides some exemptions for the least toxic substances. Members of the Health Committee include senators: Allen, Chair 926-4480, callen@azleg.gov; Arzberger 926-4321 marzberger@azleg.gov; Cannell, 926-4139 rcannell@azleg.gov ; Garcia 926-4171, jgarcia@azleg.gov ; Hellon 926-4326 , thellon@azleg.gov ; Leff 926-4486, bleff@azleg.gov ; and Waring 926-4916 , jwaring@azleg.gov . Members of NRRA include senators: Flake (Chair) 926-5219, jflake@azleg.gov ; Arzberger 926-4321 marzberger@azleg.gov; Bee 926-5683, tbee@azleg.gov ; Blendu 926-5955, rblendu@azleg.gov ; Cannell, 926-4139 rcannell@azleg.gov ; Jarrett 926-5288, mjarrett@azleg.gov ; and Rios 926-5685, rrios@azleg.gov . Also, please ask members of the NRRA committee to support SB1438 unlawful feeding of wildlife (Hellon: Cannell, L. Lopez), which makes it a class 3 misdemeanor (a $500 fine) to feed wildlife intentionally. The bill excludes tree squirrels and birds and people who are in the process of hunting or fishing or people who are engaged in wildlife management activities. This focuses the bill on the key problems with wildlife feeding and ensures that there is no confusion about hunting or fishing being affected by it. We support this wildlife feeding ban measure because the feeding of wildlife promotes human-wildlife conflicts where both people and the animals are at risk. SUPPORT. And please ask one more thing of this committee and that is to oppose SB1554 state trust land lease renewal (Flake). It provides automatic renewal of grazing leases if the lessee is in compliance with the lease. This would be laughable if it were not so maddening. The bill is clearly unconstitutional and conflicts directly with the 2001 Forest Guardians decision which required the State Land Department to consider conflicting applications. This is a way to shut out conservation interests and others interested in restoring state trust lands. OPPOSE. Finally, ask members of the House Committee on Ways and Means to support HB2429 solar energy tax incentives (Mason, Boone, Chase, et al). It raises the cap on residential tax credits from $1000 to a maximum of $2000 for installation of solar devices and up to $5000 in solar tax credits per residence. It establishes commercial solar tax credits that allow a 10% credit for the installation of solar energy devices for commercial or industrial purposes in a trade or business located in Arizona, which is limited at $25,000 with respect to the same building annually and $50,000 annually per company. There is an annual cap of $7 million. SUPPORT. For a list of members and contact information, go to http://www.azleg.state.az.us/CommitteeInfo.asp?Committee_ID=61 This past week SCR1008 constitutional amendments; single subject (Huppenthal) passed out of the Senate 16-12-2. Please thank the following senators for voting no: Aboud, L. Aguirre, Arzberger, Brotherton, Cannell, Cheuvront, Garcia, Hellon, R. Miranda, Mitchell, R. Rios, and Soltero. (Hale and C. Allen were gone.) Coming up this week at the Legislature (note that agendas often change throughout the week and that not all bills are listed for the committees below, just the ones we are following):
Monday, February 13 House Committee on Natural Resources and Agriculture at 8:30 a.m. in House Hearing Room 5 HB2431 real estate sale; water disclosure (Mason, J. Burns, Burton Cahill) will have a strike everything amendment which provides additional information on an affidavit of disclosure for a lot split that indicates if the property is served by a private water company, a well, or a municipal provider and that the Department of Water Resources may not have determined the water adequacy. This is pretty weak, but it is something. SUPPORT. HB2508 mines and mineral resources department (Jones, A. Aguirre, Barnes, et al) continues this department until 2016, provides individual immunity for the department and those associated with it, and requires the department to provide technical information to everyone interested in developing a mineral resource, among other things. I am not sure about the immunity provisions. WATCH. HB2518 gray water use; incentives (C. Gray, Boone, Chase, et al) establishes a gray water general permit and restricts local control on regulation of gray water. This bill has some problems. While the idea of promoting the use of gray water is a good one, this bill does not get us there. WATCH SEEK AMENDMENTS. HB2521 small water systems; interim operators (Alvarez, J. Burns, Downing, et al) allows for grant assistance to interim operators of small water systems. This is an important public health issue. SUPPORT. HB2835 Arizona water settlements act; implementation (J. Weiers) implements some of the provisions regarding the water settlements with Native American tribes and allows the state to bank water for the tribes to meet the conditions of the Gila River Indian Tribe Water Settlement, among many other things. WATCH. HCR2045 state trust land reform (Nelson, Boone, Brown, et al) is a measure to counter the Conserving Arizona’s Future Initiative. It protects very little land, approximately 40,000 acres, requires legislative approval to protect any lands beyond these minimal lands, and even caps that at 225,000 acres. The conservation lands are not protected from mining. It gives away pre-1968 easements. OPPOSE. HB2857 trust land reform initiative; conformity (Huffman, Hershberger, O’Halleran) is intended to implement the Conserving Arizona’s Future Initiative, should it pass this November. It outlines the role of the Board of Trustees, the planning process, the funding for department, and has the same bad definition of development as is in the constitutional amendment. We are neutral on the ballot measure, so we are also neutral on this measure. NEUTRAL. Senate Committee on Health at 1:30 p.m. in SHR109 SB1350 pesticides; child care facilities; notifications (Allen) See above. House Committee on Ways and Means at 1:30 p.m. in House Hearing Room 4 HB2429 solar energy tax incentives (Mason, Boone, Chase, et al) See above. House Committee on Federal Mandates and Property Rights at 1:30 p.m. in House Hearing Room 3 HCR2031 land use regulation; compensation (C. Gray) will have a strike everything amendment called “Private Property Rights Protection Act”. This measure would effectively tie the hands of government entirely when it comes to land use. It would make it impossible to enforce land protection measures or if they were enforced, it would cost an arm and a leg. This is just really bad public policy. OPPOSE. Senate Committee on Judiciary at 1:30 p.m. in SHR1 SB1117 voter registration drives (Huppenthal, Waring) requires you to register with the county recorder if you are doing a voter registration drive, meaning registering five or more people to vote. It requires you also go to training. Do we really need more barriers relative to voting? OPPOSE. SB1534 political contributions; limits (Aguirre) increases from $7,560 to $32,843 the maximum total contributions a candidate may receive from political committees for an office other than a statewide office. Is the problem really that people cannot give enough?
Tuesday, February 14 Senate Committee on Transportation at 1:30 p.m. in SHR1 SB1466 vehicle license tax reduction (Rios, Aguirre, Brotherton, et al) includes a graduated reduction in the vehicle license tax based on fuel economy. If your vehicle gets 46 m.p.g. or greater, your VLT is only $10. This is a good idea. (I would benefit from this bill as my vehicle averages about 44 m.p.g.) SUPPORT. SB1504 appropriations; interstate 17 highway expansion (Martin, Bee, Bennett, et al) is a big ol’ subsidy for developers. It appropriates $75 million over five years to widen the freeway from Carefree Highway north to Black Canyon City. This is on top of all the sales tax, gas tax, and federal tax dollars that are already going to freeways in the Valley. Remember them saying that Del Webb paid for all the improvements for Anthem not. How about a special appropriation to speed up the light rail or buy a few more buses.? OPPOSE House Committee on Counties, Municipalities & Military Affairs at 1:30 p.m. in HHR5 HCR2045 state trust land reform (Nelson, Boone, Brown, et al) See above. OPPOSE. HCR2050 save Fantasy Island (Paton, Prezelski, Bee, et al) is a resolution to protect this popular mountain biking area. SUPPORT. Senate Committee on Appropriations at 1:30 p.m. in SHR109 SB1248 appropriation; highway construction (Blendu) appropriates $100 million to help accelerate highway construction. Why? You might ask. We can’t seem to fund education or ensure clean air in our cities. Perhaps we should take care of that first. These freeways and highways only exacerbate the rampant urban sprawl and are enormous subsidies for developers. OPPOSE.
Wednesday, February 15 House Committee on Commerce at 9:00 a.m. in HHR5 HB2779 disclosure; beneficiary (Reagan: McComish) will have a strike everything on Hazardous disclosure; property which establishes that information about releases of hazardous substances is not privileged, but it is public information. SUPPORT. Senate Natural Resources and Rural Affairs Committee at 1:30 p.m. in Senate Hearing Room 109 SB1350 pesticides; child care facilities; notifications (Allen) See above. SUPPORT. SB1356 hazardous air pollutants; de minimis (Allen) makes it more difficult to trigger regulation of existing facilities relative to HAPs. OPPOSE. SB1438 unlawful feeding of wildlife (Hellon: Cannell, L. Lopez) See above. SB1508 regulation of off-highway vehicles (Flake, Bennett) establishes a copper sticker program at the Game and Fish Department and authorizes development of a user fee program. It provides funding for law enforcement and mitigation of damage, but it has a downside as well, in that it provides funding for developing more off-road vehicle areas and sets up an oversight committee that is heavily stacked with users and a dealer. We are evaluating this bill, but would like to see some amendments to improve it. WATCH SEEK AMENDMENTS. SB1550 copper state park (Flake, Brown, Chase, et al) establishes a state park near the Dripping Springs Mountains in Gila County near Kearny. It would be contingent on the conveyance of Bureau of Land Management lands, state trust lands, and some private parcels belonging to Asarco. This is part of the deal that Resolution Copper Company is working to facilitate a land swap in congress that will result in them getting Oak Flats campground and one of the most popular climbing areas in the state. The current language does not appear to protect this park any better from mining than current law has protected Oak Flats. Apparently, there will be amendments on it. WATCH SEEK AMENDMENTS. SB1551 omnibus mining reclamation conformity act (Flake) expands the definition of mining to include reclamation activities. WATCH. SB1552 channelization districts; eminent domain (Flake) gives this power to these districts. It is interesting that they are trying to restrict the power for cities, but here are giving it to yet another entity. WATCH. SB1553 underground water storage; unreasonable harm (Flake) defines unreasonable harm relative to underground water storage must cause financial damage. WATCH. SB1554 state trust land lease renewal (Flake) See above. OPPOSE. SCR1035 food and agricultural security (Flake, Arzberger, Jarrett, et al) refers to the ballot a measure to restrict local control relative to agriculture. It is intended to undercut a citizen initiative that is being circulated that bans gestation crates and that would to some degree limit confined animal feeding operations. SCR1035 would promote more industrial agriculture and limit local government from implementing more protective standards. OPPOSE. House Committee on Environment at 1:30 p.m. in HHR5 HB2315 state air quality rules; hearing (Barnes) says that the ADEQ has to give a 30 rather than 20 day notice on hearings relative to air quality rules. It seems fine. HB2316 water; maximum daily loads; report (Barnes) requires this report every two years. WHATEVER. HB2317 solid waste; statewide planning (Barnes) requires 4 month notice on changes in these plans and review of the plans every 2 years. It seems fine. HB2369 environment; citizen suits (Sinema: Gallardo, Kirkpatrick, et al) reinstates Arizona's citizen suit provisions that were part of the 1986 Environmental Quality Act, a measure that had strong bipartisan support and brought together a broad range of interests — business, environmental agricultural, etc.— to establish many of our current environmental laws in Arizona. The bill allows the public to take action if the state government refuses to enforce environmental laws passed by the Arizona Legislature. SUPPORT. HB2370 cumulative environmental risk study committee (Sinema, A. Aguirre, Burton Cahill, et al) establishes a study committee to look at the cumulative risk and whether clustering of polluting facilities is having a disparate impact on certain populations. SUPPORT. HB2427 tax credit; renewable energy (Mason, Burton Cahill, Chase, et al) provides for a tax credit for the production and sale of renewable energy. The credit is equal to the total kilowatt-hours produced multiplied by one and one-half cents. Unfortunately, it includes municipal solid waste as well as animal waste in the definition of sources that would qualify for this. These are not clean resources. OPPOSE w/current definitions. HB2472 emissions testing facility; appropriation (Chase, C. Gray: Anderson, et al) takes the limited clean air funds to establish this facility. It will divert dollars from cleaning up school buses and other activities. OPPOSE. HB2475 electric generating facilities; coal; development (Konopnicki, Downing) has a strike everything amendment to set up a task force to identify and promote plans to develop emissions control technologies for the generation of electric power. WATCH. HB2711 tax incentives; biodiesel; ethanol E85; motor (Boone, Barnes) exempts these fuels from motor vehicle fuel and use fuel taxes. WATCH. HB2733 mine inspector (Barnes: Mason, McComish) requires additional precautions regarding storm water and also additional warnings if all or part of the mine is without compressed air. House Committee on Appropriations (P) at 1:30 p.m. in HHR1 HB2003 appropriation; border road (Quelland) appropriates $6,000,000 from the state general fund to the department of transportation for distribution of $1,500,000 each to four border counties for construction of an unimproved, graded dirt road of one and one-half lanes in width along the entire border between Arizona and Mexico except on military or Indian lands and except over man-made or natural obstructions. OPPOSE. HB2129 game and fish; enforcement; penalties (JP Weiers, Mason: Biggs, et al) provides higher penalties for poaching wildlife, including a stronger penalty for “trophy animals” as defined in the bill. SUPPORT. HCR2037 emergency management; border wall; appropriation (Pearce, Murphy, Gould, et al) directs the Department of Emergency and Military Affairs to enter contracts to build a wall along the southern border with Mexico. It will appropriate dollars, but that is currently blank. This is a bad idea on several levels and would have enormous detrimental impacts on the border environment. It would make it impossible for wildlife to move along the north south routes and could significantly affect jaguars, Sonoran pronghorn, etc. OPPOSE.
Thursday, February 16 House Committee on Transportation at 9:00 a.m. in HHR3 HB2791 ADOT; receiving monies from developer (Chase) allows the Arizona Department of transportation to receive dollars directly from developers to do transportation projects. They used to call this a bribe to get your project done sooner. OPPOSE. Thanks 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 legislators’ offices 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/ .
Sandy Bahr Back to 2006 Legislative Updates page Sierra Club, Grand Canyon Chapter, 202 E. McDowell Rd, Suite 277, Phoenix, AZ 85004, (602) 253-8633 |