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| Political Action |
Legislative Updates 2006Sierra Club 2006 Legislative Update #7 February 24, 2006 Hello Conservation Friends! Why is it that the people who take the oath to uphold the Arizona Constitution are the ones who are hell bent on decimating it? Every step of the way, Legislative leadership is seeking chewing it up and spit it out, get around it, undercut it, and significantly amend it. (Luckily, they can’t do that without a vote of the people.) Perhaps a refresher course is needed? They are seeking to undermine an important part of the foundation of our system of government, the separation of powers, by proposing to create a superagency that is neither accountable to the Legislature or the voters. I have mentioned previously the proposal to undercut the single subject provisions of the Arizona Constitution this is because they are peeved by a couple of Supreme Court decisions. They are seeking to undermine the limited land use protections that are currently in place as if Arizona is a tough place to wantonly bulldoze and confuse voters by muddying the water relative to eminent domain and land use protections. And this is just a sampling of the menu of bad ideas. Part of the bigger plan is to try and shape the ballot to their liking. Check out the Legislative Tracker at http://arizona.sierraclub.org/political_action/tracker/. This week, please call your Senator and ask him/her to oppose SCR1019 S/E Private Property Rights Protection Act and call your House members and ask them to oppose HCR2031 S/E Private Property Rights Protection Act. These bills refer to the ballot measures that require governments to compensate property owners for nearly every zoning or land use decision they make. If adopted, these measures would either have a huge negative financial impact, draining funds from important public services, or, more likely result in no enforcement of land use protections. The current zoning in cities, towns and counties would be effectively frozen, preventing government from responding to future community concerns, including possible re-zoning for protection of sensitive areas. As I indicated above, the Legislature is also trying to bamboozle voters by connecting and confusing the power of condemnation (eminent domain) and land use protections. If people think we need more irresponsible and rampant growth, these are the just the bills for them. To find member contact information, just go to http://www.azleg.state.az.us/MemberRoster.asp Also, please call senators and ask them to oppose SCR1035 food and agricultural security (Flake, Arzberger, Jarrett, et al). It refers to the ballot a measure that says only some unnamed agency that the legislature designates has the authority to enforce or adopt both laws and administrative rules that govern agriculture. They actually give legislative authority to an agency. This unnamed agency could both enact laws and also administrative rules (separation of powers?). You might ask what would happen if they enacted laws that were contrary to those the Legislature passes. Good question. The measure includes a ban on any law or rule that would limit or restrict production of agricultural products except for those laws or rules that are for the protection of public health and safety, necessary to comply with federal law or laws or rules that relate use of surface water, effluent or groundwater, laws that relate to wildlife which may be consumed as food, and those relating to state trust land grazing and agricultural leases. It is unclear how this might affect environmental protections. I would argue that nearly every environmental law we have is either to comply with federal law and/or to protect the public health and safety. Irrespective of that, this measure is just plain bad. It is also another measure that is being promoted simply to undercut a citizen initiative, the Humane Farms measure. OPPOSE. Quick Bill Update: SB1300 wildlife habitat restoration committee; appropriation (Jarrett, Bee, Arzberger, et al) gives dollars to Game and Fish with strings including an oversight committee. It also names the specific projects. The bill could have been killed in Senate Appropriations this week, but people started talking about a floor amendment that few had seen. It confused things and the bill passed 5-4. The battle continues. OPPOSE. SB1350 pesticides; child care facilities; notifications (Allen) is awaiting action by the Senate C.O.W. SUPPORT. SB1508 regulation of off-highway vehicles (Flake, Bennett) struggled out of Appropriations. It 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 provides funding for developing off-road vehicle areas. NEUTRA Coming up this week at the Legislature (agendas often change throughout the week and not all bills are listed): Monday, February 27 House Committee on Natural Resources and Agriculture at 9:30 a.m. in House Hearing Room 5 SB1161 navigable stream adjudication commission; continuation (Flake, J. Burns: Konopnicki) extends this commission for two more years. WATCH. SB1249 water improvement districts; notice; commission (Flake: Cannell, Konopnicki) establishes additional conditions for creating a water improvement district. WATCH. Tuesday, February 28 House Committee on Counties, Municipalities and Military Affairs at 1:30 p.m. in HHR5 SB1255 lot splits; fissures; recorded disclosure (Flake, Nelson, Nichols) requires that the lot affidavit of disclosure include a disclosure about land fissures. This is a good consumer protection measure. SUPPORT. Wednesday, March 1 House Committee on Commerce at 9:00 a.m. in HHR5 SB1221 structural pest control: licensure exemption (Leff: Harper) adds an exemption for people who apply herbicides that are not labeled for restricted use and that are commercially available to the public. This is not a good idea people who apply poisons for a living should be trained. OPPOSE. SB1388 structural pest control; regulation; exemptions (Leff) exempts utilities that apply pesticides from the licensing requirements if the application is immediately necessary for employees’ health and safety and for them to continue to do their work. WATCH. Senate Natural Resources and Rural Affairs Committee at 1:30 p.m. in Senate Hearing Room 109 State Parks Board Nominee Reesor Woodling Water Quality Assurance Revolving Fund Advisory Board James Vieregg, Jennifer Boucek 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. HB2291 chemical fire response; task force (Landrum Taylor: A. Aguirre, J. Allen, et al)< sets up this response task force and requires that it establish a hazardous material tracking process program for municipalities to identify buildings that use or have hazardous materials on site. It requires coordination of public health and risks associated with a chemical or other toxic fire event. SUPPORT. HB2436 emergency water transfers; drought (O’Halleran, Kirkpatrick, Mason) allows for interbasin transfers of water for emergency purposes for one year. WATCH. HB2591 compressed natural gas; particulate program (Boone, Barnes) allows the emissions in lieu fees (scheduled to sunset) to be used for converting school buses to compressed natural gas, to install particulate traps or to buy school buses with particulate filters. Old dirty diesels contribute to health problems in children. SUPPORT. House Committee on Environment at 1:30 p.m. in HHR5 SB1140 water; monitoring assistance program (Flake, Blendu, Cannell, et al) makes some technical changes and includes nitrates in the list of contaminants for which the monitoring assistance program must monitor. SUPPORT SB1411 prime contracting; exemption; waste disposal (Martin) excludes some portions of gross income derived from landfills or solid waste disposal sites from taxation under the prime contracting classification. WHY? 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 |