Legislative Updates 2006

“Freedom is when the people can speak, democracy is when the government listens.”
—Alastair Farrugia

Sierra Club 2006 Legislative Update #19

May 19, 2006

Hello Conservation Friends!  The Legislature finally got around to putting together a budget.  It is no great shakes regarding conservation issues.  It converts the Arizona Department of Environmental Quality’s budget in such a manner that they will have to significantly cut programs and staff.  The Legislature also once again diverts the Water Protection Fund dollars and does not adequately fund Parks.  There are no additional dollars to deal with air quality.  There is currently no agreement on this budget, however, so there still is hope.

And now for some good news. . . .  The Arizona Corporation Commission has voted to start a rulemaking process that, if adopted, would increase the amount of solar and other renewable energy sources Arizona utilities will generate to 15% in 2025.  Arizona’s current clean energy standard is 1.1% renewable energy by 2007.  The Commission will be holding a public hearing on this issue and it is important that we all show our support.

Please attend this important hearing on Tuesday, May 23, 2006, 10 a.m. - 5 p.m. (You need not attend the whole hearing however.)  It will be held at the Arizona Corporation Commission ­ Utilities Division, 1200 W. Washington St, Hearing Room #1, in Phoenix.

Arizona is one of the fastest growing states in the United States.  Most of our electricity is generated from coal and nuclear, but there is also significant dependency on natural gas.  With the enormous growth in population, we will see more and more pollution, more power lines and power plants, unless we focus on energy efficiency and renewable energy sources to generate power.  If we are to protect air quality, limit climate change, and provide a more secure future for our children, it is critical that Arizona look to improving its efficiency, to wind, and to its largest energy resource, the sun.   

Still in the good news category, SB1350 pesticides; child care facilities; notifications (Allen) was finally heard in the House Rules Committee and went through Committee of the Whole yesterday.  All it needs is a Third Read in the House and then on to Final Passage in the Senate.  Please call all of your legislators (House and Senate) and ask them to support this bill.  The measure requires that child care facilities use licensed applicators for pesticide application.  Furthermore, 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 work with child care facilities, personnel and the pesticide applicators to develop a policy to notify parents, guardians, children, and personnel at least forty-eight hours in advance of any pesticide application.  Currently notification laws are in place for school-aged children attending schools, but not child care facilities. SB1350 requires that the licensees maintain written records for pesticide application notifications for at least thee years after the application.

This bill incorporates sensible exemptions that will encourage the application of reduced-risk pest management practices and reduce the burden of notification and posting.  It modifies the exemptions from notification for pesticides for adult vector control to require that the oral notification be attempted at least 72 hours prior to the application. SUPPORT.

To find member contact information, just go to http://www.azleg.state.az.us/MemberRoster.asp

Please also ask your legislators to oppose SB1550 copper state park (Flake, Brown, Chase, et al).  We believe this bill is premature, at best.  The measure to facilitate the congressional land swap, which is part of this park deal, has not even been heard in the Congress yet.  That land swap bill will allow a foreign-owned mining company, Resolution Copper Company (Rio Tinto—55% owner— headquartered in the United Kingdom, and Broken Hill Properties —45% owner—headquartered in Australia) that acquired the old Magma Mine near Superior and is planning to resume mining in the area, to acquire Oak Flats Campground via a congressionally legislated land swap so that they can mine in the area.  This bill establishes a state park near Kearny that is contingent on the conveyance of BLM lands and state trust lands, but not the private parcels belonging to Asarco, a mining company that is currently in bankruptcy.  What kind of park has mining lands in its midst?  OPPOSE.  

Finally, please also contact Governor Napolitano and thank her for her veto of HB2381 NOW: development fee; capital improvements plan (Paton, Bee).  It would have made it more difficult for cities to assess and collect municipal development fees.  OPPOSE.

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

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

Quick Updates:

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 still awaits House Rules action and may be history.

SB1468 Arizona trail (Allen, Arzberger, Flake, et al) appropriates $500,000 for the Arizona trail and memorializes Bob Stump. SUPPORT.  This bill is dead.  They have instead included $100,000 for it in the budget.

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. It is still unclear what they are going to do with this.

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. SUPPORT.  This bill appears to be dead, although there may be some money in the budget for it.

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 still awaits action by the 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/ .