Legislative Updates 2006

Sierra Club 2006 Legislative Update #13

April 7, 2006

Hello Conservation Friends!  There was a bit of good news this week.  SB1350 pesticides; child care facilities; notifications (Allen) passed out of the House Appropriations (B) Committee 9-4-0-2.  It’s a tough committee, so the vote was good, all things considered.  It should go to the Floor next week.  There was no movement on reviving the wildlife feeding bill, so that may be dead.  There was movement on reviving a plethora of bad bills on numerous strikers and moving along bad bills and bad ideas like establishing a state park with mining land in its midst (while the public gives up Oak Flats, land protected back in 1955 by President Eisenhower), exempting mining from additional regulation, gutting citizen initiatives, and putting the Game and Fish Commission under the thumb of the Legislature, among others.

Why would the Appropriations Committee give money to an agency when the agency does not want it?  When they think they can use it to grab some power.  This session, there has been an ugly power struggle relative to wildlife management.  In past years, conservationists, hunters, and anglers, have all supported keeping the Arizona Game and Fish Commission independent of the day-to-day whims of the executive and legislative branches.  This session we have seen that change.  The governor had the audacity to appoint a young woman to the Commission who she thought would do a good job.  This resulted in a frankly sexist attack from a select few sportsmen.  Suzanne Gilstrap, who lobbies for them and whose husband is losing his Commission seat, has been part of that effort.  They have also been supporting bills that shift wildlife management away from the Commission.  In those ongoing efforts, they managed to finagle a striker on SB1441 S/E: wildlife habitat restoration fund; appropriation (Allen, Arzberger, Bee, et al).  It gives the commission money, but it directs them to spend it on a few of their pet projects.  It is a long sordid tale, but the bottom line is we should all oppose this effort and this striker.

This week please call House members and ask them to vote no on SB1221 structural pest control: licensure exemption!  SB1221 adds an exemption from licensure for landscapers who apply herbicides that are not labeled for restricted use and that are commercially available to the public.  This is a bad idea for a number of reasons.  People who apply these chemicals for a living should be trained properly. Just because something is commercially available to the public does not mean it is safe.  Endocrine and toxic effects in mammals of one of the most commonly used herbicides, glyphosate, commonly known as Roundup, have been indicated in recent research.  There is also considerable research linking certain ailments in children to exposure to pesticides and in particular to herbicides.  OPPOSE. 

Please call your House Members and ask them to support SB1350!  The bill requires that parents of children in childcare facilities receive 48-hours notice of any pesticide spraying and that the facilities use licensed applicators for pesticide application.  The Department of Health Services must work with child care facilities, personnel and the pesticide applicators to develop a policy to notify parents, guardians, and personnel.  Currently notification laws are in place for children attending schools.  It provides some exemptions for the least toxic substances. SUPPORT.

Please call House Members and ask them to oppose SB1356 hazardous air pollutants; de minimis (Allen), a measure which makes it more difficult to trigger regulation of existing facilities relative to their hazardous air pollutants (HAPs) emissions.  The HAPs program addresses many chemicals with known and potential human health effects, yet this program has never been properly implemented.  We know it is not the intent of the sponsor to undercut a more protective program, but unfortunately, we believe that will be the consequence of this bill. OPPOSE.

For contact information, go to http://www.azleg.state.az.us/MemberRoster.asp or to the bottom of this update.  Check out the Legislative Tracker at http://arizona.sierraclub.org/political_action/tracker/  for information on these bills.

Quick Updates:

SB1441 S/E: wildlife habitat restoration fund; appropriation (Allen, Arzberger, Bee, et al) gives money to the Game and Fish Commission, but tells them how to use it. OPPOSE.  It passed out of House Appropriations.

SB1468 Arizona trail (Allen, Arzberger, Flake, et al) appropriates $500,000 for the Arizona trail and memorializes Bob Stump.  It is difficult to see what the connection is here.  SUPPORT.  It passed out of House Appropriations.

SB1550 copper state park (Flake, Brown, Chase, et al) establishes a state park near Kearny that is contingent on the conveyance of BLM lands and state trust lands, but no longer includes the private parcels belonging to Asarco.  That makes this a ridiculous proposal and not something we can support.  This is part of the Resolution Copper Company land swap in congress that will result in them getting Oak Flats campground.  OPPOSE.  It passed out of House Appropriations.

SCR1008 S/E budget shortfall; supermajority exemption (Huppenthal) is a referendum to allow the Legislature to reduce funding for voter-approved measures whenever they feel like it.  OPPOSE.  It passed out of House Appropriations.

SCR1019 NOW: Private Property Rights Protection Act (Bee, Bennett, R. Burns, et al) refers to the ballot a measure that requires governments to compensate property owners for nearly every zoning or land use decision they make. OPPOSE.  This could come to the Floor at any time.  It awaits caucus action.

HB2317 S/E mining reclamation act (Barnes) exempts mines from even more regulation by prohibiting the counties from regulating reclamation activities.  Just when you thought there was no place left in the statutes where the mines were not exempt.  OPPOSE.  It awaits action by Senate Rules.

HB2381 NOW: development fee; capital improvements plan (Paton, Bee) requires municipalities to jump through even more hoops in order to assess development impact fees.  The problem is not that developers are paying too much; it is that they are paying too little. OPPOSE.  It awaits caucus action.

HB2429 solar energy tax incentives (Mason, Boone, Chase, et al) 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.  There is an annual cap of $7 million on the tax credit. The bill also changes the law so the value of solar systems will not be added to property tax valuation. SUPPORT.   This will not likely move forward until they figure out the budget.

HB2430 energy cost saving measures; requirements (Mason) cleans up several aspects of the statutes addressing energy efficiency and renewable energy.  It will encourage state agencies and schools to utilize energy efficiency and renewable energy mechanisms.  It will allow agencies to better pay for the investments over a reasonable period of time. SUPPORT.   This is stalled in the Senate.  I am not sure why.

HB2686 S/E off-road highway vehicles (Huffman, O’Halleran, Reagan, et al) sets up some weak requirements for off-road vehicles and virtually does nothing.  The responsible representatives including those from the Arizona Off-highway Vehicle Coalition, are opposing this measure because it does not include strong enforcement provisions.  NEUTRAL.  It awaits action by the Rules Committee.

HB2836 S/E forest health (Chase: Jarrett) is a measure which is illegal, ineffective and irresponsible.  It will not protect homes and communities from fire, but will instead direct the State Forester to do something that is contrary to federal law and would put the public’s safety at risk.  It requires him to negotiate memoranda of understanding to allow private land owners to log trees on our national forests. OPPOSE. It awaits action by the Senate Committee of the Whole.

HB2843 tax credit; energy efficient products (Mason, O’Halleran, Bee, et al) makes it easier for consumers to buy products that save energy and reduce pollution associated with our fossil-fuel dominated energy generation.  It provides a tax credit applicable to tax years 2006 and 2007.  The credit will be awarded to taxpayers who purchase certain appliances for their residence including:  central air conditioners or air source heat pumps that qualify for the federal tax credit - $150; Energy Star-certified washing machines - $100; and Energy Star-certified ceiling fan - $25.  The fan provision will be amended out because of changes in federal requirements. SUPPORT.  This will not move forward until they figure out the budget.

HCR2045 state trust land reform (Nelson, Boone, Brown, et al) is a measure to counter the Conserving Arizona’s Future Initiative.  While we are not supporting the initiative, we do not think it is appropriate for the Legislature to try and confuse voters in order to defeat it.  HCR2045 protects very little land and does not adequately protect the identified conservation lands as it keeps them open to mining activities.  Conservation does not preclude the construction of roads, canals, power transmission lines, etc.  OPPOSE. It awaits action by Senate Rules.

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/ .