|
|||
| Political Action |
Legislative Updates 2007Sierra Club 2007 Legislative Update #14 “All compromise is based on give and take, but there can be no give and take on fundamentals. Any compromise on mere fundamentals is a surrender. For it is all give and no take.” — Mohandas Gandhi April 6, 2007 Hello Conservation Friends! Thanks for your continued efforts to encourage the Arizona Legislature to address a few basics relating to protecting the air, water, and land. It does not look like we will see significant measures this session, but there is still a chance to make some positive incremental change in a few areas, including improving our air quality. This week, please call your Arizona State Representatives and ask them to support SB1552 air quality program (Allen, Huppenthal). The measure includes limited provisions to improve air quality including some minimal regulation of leaf blowers, expanding alternative work hours, and no burn expansion provisions. It was amended to require a dust-free development certification program and to limit off-road vehicle activities on high pollution days, but a lot of the really big issues have not been addressed. Those are supposed to be addressed in conference committee. We support adding an amendment that will protect public health by expanding the nonattainment area, requiring developers to do more to limit dust via indirect emissions impact fees, requiring agriculture to limit tilling on bad air days, and placing further limitations on leaf blowers; as well as measures limiting ozone pollution. We also would like to see a cumulative impacts analysis included in this bill to address issues with sand and gravel operations. Also call your Arizona State Representatives and ask them to oppose HB2369 NOW: temporary signage; preemption; abatement (Robson). It preempts municipalities from regulating these advertising schemes via sign walkers on and along our public rights-of-way while at the same time mandating a permitting system whose proceeds would not cover the cost of the service delivery but would be deposited in a "beautification" fund. Sign regulation is a local zoning issue, so this is a total pre-emption. There are public safety issues associated with signs and many see this as another step toward pre-empting all sign and billboard regulation. OPPOSE. Please continue to urge your Arizona State Representatives to oppose SB1119 overlapping service area providers (C. Gray, Aguirre, Harper, et al.). It will undercut water conservation efforts in many cities and towns, but is particularly aimed at Gilbert. If this passes, it means that anyone who is part of the irrigation district is not subject to any of the city or town’s ordinances or regulations relative to water. It is a terrible bill and bad precedent. OPPOSE. To contact your representatives, go to http://www.azleg.gov/memberRoster.asp?Body=H or in the Phoenix area call (602) 926-4221, in Tucson you can call (520) 398-6000 or for any area outside the Phoenix area, call toll free 1-800-352-8404 and ask to be connected to your legislator’s office. Here are a few bill updates: HB2443 NOW: user fee; off-highway vehicles (JP Weiers) awaits action by Senate Rules. It establishes a user fee for off-road vehicles. While we support increasing funding for law enforcement and the safety provisions in the bill as well as the language that prescribes where these vehicles are allowed and where they are not allowed, we still have some concerns about the allocation of the 60 percent of the dollars that will go to grants administered by Arizona State Parks. Our main concern is that these grants will be used to open new areas to off-road vehicle activities and to promote a use on the land that is decimating wildlife habitat, destroying vegetation, and promoting soil erosion. We would like to see the dollars for these grants targeted to restoration and used for trails only in areas that are currently used and appropriate for ORV use. HB2491 solar energy tax credit; application (Mason, Boone: Anderson, et al.) awaits action by Senate Rules. It is merely a technical correction bill to clarify the commercial solar energy tax credit program established last year, so the credit can be claimed by a third party who finances the solar installation. This will help to support installation of more solar on state buildings, schools, etc. SUPPORT. HB2496 schools; energy and water savings (Mason, J. Burns, Aboud, et al.) awaits action by Senate Rules. It creates an energy and water savings mechanism which allows schools to use the cost savings in maintenance and operations portion of their budgets to pay for capital investments in energy or water saving measures and to use dollars from utility companies to pay for water and energy saving measures. This provides an opportunity for schools to invest in cost-effective measures that save money, energy, and water over time. SUPPORT. HB2638 local energy plans (Cajero Bedford, Bradley, Mason, et al.) also awaits action by Senate Rules. It adds an energy element to cities’ general plans and counties’ comprehensive plans to encourage and reward efficient use of energy. SUPPORT. HCM2008 urge protection; Kofa herd (JP Weiers, Nelson, Aguirre, et al) awaits action by Senate Rules. This is a “postcard” to congress asking it to affirm that Game and Fish should be able to kill mountain lions in the KOFA National Wildlife Refuge. They are trying to once again blame the decline in bighorn sheep on lions, despite no evidence to support that. This “postcard” to congress is inaccurate and inappropriate. OPPOSE. HB2692 water supply development revolving fund (Mason, Ableser, Saradnik, et al.) awaits action by the Senate Committee of the Whole. It establishes a water development revolving fund for the purpose of providing financial assistance to water providers for water supply development. This bill is another mechanism for fueling urban, suburban, and rural sprawl. It does not provide any protections for stream or river flows and therefore could be used by Prescott or Prescott Valley to pipe from the Big Chino and dry up the upper portion of the Verde River. OPPOSE. HB2693 water adequacy provisions (Mason, Ableser, Saradnik, et al.) and SB1575 water adequacy amendments (Arzberger, Aguirre, Landrum Taylor, et al.) await final action in the House. These bills authorize cities and counties outside of active management areas to adopt by a unanimous vote an ordinance requiring a determination of water adequacy from the Arizona Department of Water Resources (ADWR) before a subdivision may be approved. They define “adequate water supply” as sufficient groundwater, surface water or effluent of adequate quality to satisfy the needs of the proposed use for at least 100 years. The water supply must be continuously, legally and physically available. There are numerous exceptions for these water adequacy requirements including for developers who have made a substantial capital investment when the adequacy provisions are adopted. The bills allow counties, cities or towns to provide an exemption for subdivisions that will be served by projects under construction provided the construction will be completed within a twenty year timeframe, if the current supplies can sustain the subdivision for that time period. They provide exemptions for subdivisions that will be hauling water by truck or train these are commonly referred to as “Dry lot subdivisions.” While the bills provide additional consumer protection, they do not provide any additional protection for surface water rivers, streams, springs, etc. HB2019 county insurance; technical correction (McClure) S/E Upper San Pedro Water District and SB1001 general election ballots; technical correction (Bee) S/E: Upper San Pedro Water District appear to be dead, but could be revived. Both establish a district for a portion of the upper San Pedro groundwater basin, but neither actually mentions the San Pedro River, nor do they include specific language to protect the river flows. OPPOSE. HCR2039 NOW: state trust lands; public use (Nelson) awaits action by Senate Rules as people continue to meet to see if the differences can be addressed. It refers to the ballot a constitutional amendment which represents an attempt by various interests to try and conserve some of the urban state trust lands, including lands in Scottsdale, Pima County, Coconino County, etc. It includes about 195,000 acres, all of which would have to be bought at true value, but without auction. This measure would not be comprehensive reform or address rural lands, but would provide the opportunity to conserve the urban state trust lands that communities have been trying to protect. The pre-1968 easements can be conveyed without the trust receiving any compensation per this measure. New rights-of-way could also be conveyed without auction. We are trying to ensure that the bill is not a Christmas tree of bad ideas for the Trust and that it actually conserves some land. HB2312 state air quality rules; hearing (Barnes) also awaits action in Rules. The strike everything amendment on state trust land conservation lands moves the specific lands addressed in HCR2039 into session law. For more information on bills we are tracking, go to http://arizona.sierraclub.org/political_action/tracker/. To email legislators go to http://www.azleg.gov/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.gov.
Sierra Club, Grand Canyon Chapter, 202 E. McDowell Rd, Suite 277, Phoenix, AZ 85004, (602) 253-8633 |