Legislative Updates 2006

“The one process now going on that will take millions of years to correct is the loss of genetic and species diversity by the destruction of natural habitats. This is the folly our descendants are least likely to forgive us.”  — Edward O. Wilson

Sierra Club 2006 Legislative Update #18

May 12, 2006

Hello Conservation Friends!  Yesterday was Endangered Species Day, as proclaimed by the U.S. Senate.  If you did not have time to do something to celebrate, I hope you will do so over the week-end, in the coming weeks, months, and years. While we should celebrate the successes, there is still much we need to do to protect imperiled species and their habitat.  Please take the time to:

• Learn about endangered species in your area.
• Provide habitat for wildlife in your backyard (but don’t feed it).
• Find out what the Phoenix Zoo is doing to conserve endangered species both locally and around the world.
• Plan a field trip to a local park or endangered species habitat in your town.
• Participate in an endangered species habitat protection or restoration project.
• Conserve water at home so that the waters of our majestic desert rivers, like the San Pedro and the Verde, continue to flow and provide important habitat for threatened and endangered species.
• Sign the Endangered Species Act Legacy Pledge at: www.stopextinction.org/legacypledge .
• Act to protect and strengthen the Endangered Species Act.

Here it is nearly mid May and finally the Legislature has a draft budget.  Some of us had hoped that because it is an election year that we might see a timely end to the session.  I think that because it is an election year, we are seeing the session drag out more than it would otherwise.  I don’t think the Legislative leadership will end the session unless they feel like they have been able to win at least one political battle with the Governor.  That means a pretty long session.

This week, please contact Governor Napolitano and ask her to veto HB2381 NOW: development fee; capital improvements plan (Paton, Bee).  It makes it more difficult for cities to assess and collect municipal development fees.  This is another example of trying to limit local control and to further foist the development costs for sprawl development on existing tax payers.  It also limits the use of impact fees for cultural facilities.  This bill complicates and confuses rather than clarifies.  Development impact fees are an important tool to ensure that development pays for itself.  Fair development impact fees can serve to help limit urban sprawl and leapfrog development.  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.

Unfortunately, SB1221 structural pest control: licensure exemption (Leff: Harper) was signed by the Governor this week.  I guess she can’t veto every bad piece of legislation that crosses her desk ­ although it would be nice.  SB1221 exempts from licensure landscapers who apply herbicides for weed control.  People applying these chemicals should be properly trained and licensed in order to better protect public health, the land, and our water resources.  Herbicides can post a threat to human health and to water quality.  OPPOSE.

HB2317 NOW: mining reclamation act (Barnes) was also signed by Governor Napolitano.  It 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.  The only consolation on this one is apparently some in the mining industry are also concerned about the wording of the measure.  OPPOSE.

For more information on these and other bills go to  http://arizona.sierraclub.org/political_action/tracker/ .

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.

 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/ .