Legislative Updates 2006

"Those who wish to pet and baby wildlife love them, but those who respect their natures and wish to let them live their natural lives, love them more." - Edwin Way Teale, naturalist and author

Sierra Club 2006 Legislative Update #17

May 5, 2006

Hello Conservation Friends!  The private budget talks between the leadership in the Legislature and the Governor continue.  It does not sound like there has been a lot of progress, but the Legislature may try to get some kind of budget through in the next week or so.  It is unlikely they will send one up that the Governor can sign, however, so I am guessing we are in for a few more weeks of this legislative session.

SB1356 hazardous air pollutants; de minimis (Allen) was vetoed by the Governor.  Please thank her, if you have not done so already.  This measure would have made it more difficult to limit emissions of hazardous air pollutants (HAPs) at existing facilities and delayed limitations on these pollutants at new facilities.  HAPs include many chemicals with known and potential human health effects, including cancer and birth defects. OPPOSE.

HB2129 NOW: illegal hunting; penalties (JP Weiers, Mason: Biggs, et al) was signed by the Governor.  Please thank her for this as well.  HB2129 provides higher penalties for poaching wildlife, including a stronger penalty for poaching “trophy animals”.  It also includes the provisions which make it a petty offense to feed wildlife intentionally in Pima and Maricopa Counties, thus targeting the more urban areas of our state.  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.  Feeding wildlife is a bad idea for many reasons. Animals become habituated to humans and associate them with food.  Ultimately, that results in some kind of conflict between the people and the animals where one or both lose.  As Arizona continues to urbanize and move our cities and towns farther and farther into important wildlife habitat, there are increasing conflicts. Some conflicts can be avoided if people refrain from feeding animals.  The best thing we can all do for wildlife is protect their habitat.  SUPPORT.

SB1221 structural pest control: licensure exemption (Leff: Harper) reached the Governor’s desk and she has until Monday to sign, veto, or let it become law without her signature.  Please contact the Governor and ask her to veto this bill.  SB1221 exempts from licensure landscapers who apply herbicides for weed control.  They are exempt if they are using containers that hold 8 gallons or less and they are using herbicides that are not labeled for restricted use and that are commercially available to the public.  Just because something is commercially available does not mean it is safe.  People applying these chemicals should be properly trained and licensed in order to better protect public health, the land, and our water resources.  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.  Herbicides also pose a threat to water quality.  Recently, the US Geological Survey released a report that found that most of our streams and rivers in the U.S. are contaminated with pesticides, including several herbicides.  In urban areas, the three most common were the herbicides simazine, prometon and tebuthiuron.  It is important that applicators are aware of these findings and use precautions to limit impacts to our rivers and streams.  OPPOSE.

To reach the Governor, call 602-542-4331 or toll free 1-800-253-0883.  Her fax number is 602-542-1381. To email her, either click on the following link or cut and paste it into your server http://azgovernor.gov/Contact.asp.  Her address is 1700 West Washington, 9^th Floor, Phoenix, Arizona 85007.

Check out the Legislative Tracker at http://arizona.sierraclub.org/political_action/tracker/  for more information on these and other bills.

Quick Updates:

SB1350 pesticides; child care facilities; notifications (Allen) 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.  SUPPORT.  The bill awaits action by House Rules.  It is stuck until after the budget is decided. 

SB1441 S/E: wildlife habitat restoration fund; appropriation (Allen, Arzberger, Bee, et al) gives money to the Game and Fish Commission, but it comes with strings including requiring them to use it for the pet projects of the bill supporters. OPPOSE.  It awaits action by the House Rules Committee, but apparently Game and Fish and the bill sponsor have reached some kind of deal.

SB1468 Arizona trail (Allen, Arzberger, Flake, et al) appropriates $500,000 for the Arizona trail and memorializes Bob Stump. SUPPORT.  It awaits action by the House Rules Committee.

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 is just one of many problems with the bill.  This is part of the Resolution Copper Company land swap that will result in the loss of public lands including Oak Flats campground.  OPPOSE.  It awaits the House Rules Committee.

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.  It awaits action by the House Rules Committee.

HB2317 NOW: 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 passed out of the House 34-23-3 and has gone to the Governor as well.

HB2381 NOW: development fee; capital improvements plan (Paton, Bee) makes it more difficult for municipalities to assess development impact fees.  It limits the use of impact fees for cultural facilities and limits the use of the construction sales tax for use on the light rail. OPPOSE.  It awaits final action in the House.

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. It also states that the value of solar systems will not be added to property tax valuation. SUPPORT.  It awaits action by the Senate Rules Committee and will likely be held for the budget.

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 for certain energy efficient appliances applicable to tax years 2006 and 2007. SUPPORT.  It awaits action by the Rules Committee. It is unclear if this bill can be resurrected.

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 lands.  OPPOSE. It awaits action by the Senate Rules Committee.

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/ .