Legislative Updates 2006

“Things which matter most must never be at the mercy of things which matter least.”

- Goethe

Sierra Club 2006 Legislative Update #20

May 26, 2006

Hello Conservation Friends!  The Arizona House voted out a budget last night, but the House and Senate have yet to reconcile their own differences, let alone get the budget to the Governor’s desk.  There is also the issue of getting her a budget she can be comfortable signing.  While I have not looked at all the details (they adjourned very late last night), it is clear that this is not a pro-environment budget.  The Legislature once again diverts the Water Protection Fund dollars; does not adequately fund Parks, yet is giving them another Park to manage; and certainly does not give back the $10.2 million the Legislature swiped from the Arizona Heritage Fund in 2003.  They put all kinds of money into expediting freeways, but nothing into expediting improvements in air quality, water conservation, and certainly nothing to protect land.  It looks like they addressed some of the Arizona Department of Environmental Quality’s concerns regarding the lump sum appropriation. 

SB1350 pesticides; child care facilities; notifications (Allen) passed out of the House 41-12-7 and the Senate 28-0-2 and is headed to the Governor’s desk.  Thank you all for supporting this throughout the session and for making the calls.  I believe the Governor will sign the bill, but it would be great if you could email and let her know you support this measure.  It’s the last step. 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 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.

Please ask your senators to oppose SB1550 copper state park (Flake, Brown, Chase, et al) on final passage.  This passed out of the House with limited opposition 39-14-7.  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.  

To find your senator’s contact information, just go to http://www.azleg.state.az.us/MemberRoster.asp

For more information on these 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.  I have heard it is back in the mix.

SB1468 Arizona trail (Allen, Arzberger, Flake, et al) appropriates $500,000 for the Arizona trail and memorializes Bob Stump. SUPPORT.  It looks like they will get $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.  There is $1.5 million in the budget for this program.

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.

There are still some executive nominations awaiting Senate action, including the Game and Fish Commission appointment.

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/.