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Legislative Updates 2006

Sierra Club 2006 Legislative Update #6

February 17, 2006

Hello Conservation Friends!  This week was a crazy week at the Legislature.  Many of the agendas had 15 plus bills on them, so it was difficult to keep track of everything.  Several good bills passed ­ our pesticide notification bill, a wildlife feeding limitation bill, and some renewable energy bills ­ but a number of really bad bills moved forward as well.  They include a bill that makes it more difficult to regulate hazardous air pollutants, two bad state lands measures, and a bill to make it impossible to enforce any land use protections, among others. For more details on these and other bills, check out the Legislative Tracker at http://arizona.sierraclub.org/political_action/tracker/ .

This week, please call your House members and ask them to oppose HCR2031 land use regulation; compensation (C. Gray) S/E “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 whacky.  Our land use regulations are so weak already that it is difficult to protect washes, hillsides, and certainly important wildlife area.  This is just really bad public policy.  To find member contact information, just go to http://www.azleg.state.az.us/MemberRoster.asp

And ask your House members to support HB2429 solar energy tax incentives (Mason, Boone, Chase, et al).  It raises the cap on residential tax credits to $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.  There is an annual cap of $7 million.

Please call or email your senator and ask her/him to support SB1350 pesticides; child care facilities; notifications (Allen).  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 Department of Health Services develop a policy to require child care facilities to 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 children attending schools, but not child care facilities.  It provides some notification exemptions for the least toxic substances. 

Coming up this week at the Legislature (agendas often change throughout the week and not all bills are listed):

Monday, February 20

House Committee on Natural Resources and Agriculture at 8:30 a.m. in House Hearing Room 5

HB2518 gray water use; incentives (C. Gray, Boone, Chase, et al) allows gray water to be considered in the assured water supply determination, establishes a general permit, and restricts local regulation of gray water.  While the idea of promoting the use of gray water is a good one, this bill does not currently get us there.  WATCH.

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.

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 both the ballot measure and this. NEUTRAL.

House Committee on Ways and Means at 1:30 p.m. in House Hearing Room 4

HB2427 tax credit; renewable energy (Mason, Burton Cahill, Chase, et al) provides for a tax credit for the production and sale of renewable energy or increased energy efficiency.  The credit is equal to the total kilowatt-hours produced multiplied by one and one-half cents.  An amendment removes municipal solid waste and animal waste in the definitions. NEUTRAL with amendments.  We are reviewing to determine if we can support this.

HB2843 tax credit; energy efficient products (Mason, O’Halleran, Bee, et al) provides for a tax credit for certain energy efficient products certified as Energy Star by the U.S. Department of Energy or Environmental Protection Agency.  Eligible energy efficient products and the tax credit for each are: $150 tax credit for central air conditioners and air-source heat pumps that meet the federal tax credit performance requirement; $100 tax credit for Energy Star clothes washers; and a $25 tax credit for Energy Star ceiling fans.  SUPPORT.

Senate Committee on Judiciary at 1:30 p.m. in SHR1

HB2064 eminent domain; fees and costs (C. Gray, Burges, Pearce et al) requires the court award costs to the defendant in condemnation of property for economic development where it goes to a private entity.  WATCH. 

HCR2003 takings; public use; jury determination (C. Gray, Burges, Pearce) allows property owners whose property has been taken for public use, to appeal or request a jury to determine if the use is public. WATCH.

Tuesday, February 21

Senate Committee on Appropriations at 1:30 p.m. in SHR109

SB1300 wildlife habitat restoration committee; appropriation (Jarrett, Bee, Arzberger, et al) gives dollars to Game and Fish for specific projects and then designates a special committee, the wildlife habitat restoration and enhancement committee, to oversee them.  We believe the establishment of this committee infringes on the authority of the Arizona Game and Fish Commission as well as the Department.  Over the years, sportsmen and women as well as conservation organizations have fought hard to protect the Game and Fish Commission and to reduce the political influence of both the Arizona Legislature and the Executive.  OPPOSE.

SB1468 Arizona trail (Allen, Arzberger, Flake, et al) appropriates $500,000 for the Arizona trail and memorializes Bob Stump.  The dollars are a good idea.

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 the downside is 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 seeking amendments that would give a more balanced group and more dollars to education and enforcement.  WATCH.

SB1550 copper state park (Flake, Brown, Chase, et al) establishes a state park near Kearny that is contingent on the conveyance of BLM lands, state trust lands, and private parcels belonging to Asarco.  This is part of the Resolution Copper Company land swap in congress that will result in them getting Oak Flats campground — one of the most popular climbing areas in the state.  We oppose the deal, but support the park.  SUPPORT.

Wednesday, February 22

Senate Natural Resources and Rural Affairs Committee at 1:30 p.m. in Senate Hearing Room 109

HB2036 stagnant water; pest control; notice (Barnes) authorizes local government to order property owners to remove stagnant water.  Prevention — removing the stagnant water—is the most effective means of addressing mosquito issues.  We would like to see natural waters and wildlife habitat exempt from this. SUPPORT

HB2436 emergency water transfers; drought (O’Halleran, Kirkpatrick, Mason) allows for interbasin transfers of water for emergency purposes for one year.  WATCH.

House Committee on Appropriations (P) at 1:30 p.m. in HHR1

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.

Thursday, February 23

House Committee on Judiciary at 8:30 a.m. in HHR4

HB2806 clean elections; complaint resolution (Gorman: Nichols, Rosati) dismisses a complaint if it is not resolved within 30 days.  Timely resolution of complaints is in the public’s interest, dismissing them after 30 days is inappropriate, especially if the person against whom the complaint has been filed is uncooperative.  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
Conservation Outreach Director
Sierra Club - Grand Canyon Chapter
202 E. McDowell Rd, Suite 277
Phoenix, AZ  85004
(602) 253-8633
fax (602) 258-6533
grand.canyon.chapter@sierraclub.org

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