Sierra Club logo
Home Page
About Us
Conservation
Political Action
Outings
Meetings and Events
Political Action

Legislative Updates

Archives

Legislative Updates 2007

Sierra Club 2007 Legislative Update #22

“Let the clean air blow the cobwebs from your body. Air is medicine."

- Lillian Russell (1862-1922), quoted in Reader's Digest, March 1922

June 1, 2007

Hello Conservation Friends!  It is never a good thing when the calendar turns to June and the Arizona Legislature is still in session.  The longer they are there, the more bad ideas resurface ­ “Idle hands . . . .”  This week was pretty quiet as members took care of other business and addressed other issues while the leadership engaged in behind-the-scenes negotiations on the budget.  A last minute Senate Appropriations Committee meeting was scheduled where they considered a bill on the San Pedro River ­ it even mentions the San Pedro River (see the details below).

It looks like SB1552 air quality program (Allen, Huppenthal) will really go to conference committee for additional amendments on Tuesday.  Please ask legislators to support the bill as amended.  Currently, the amendment includes:

  • Dust Training and Dust Coordinator requirements;

  • Cleaner Burning Gasoline summer and winter provisions for a new Area C (part of Pinal County);

  • Requirements for development of off-road vehicle ordinances;

  • An additional Agricultural Best Management Practices (basically nothing);

  • Leaf Blower use, training and public education provisions ­ only use vacuum mode on high pollution days and requirements for ordinances that prohibit blowing debris into the roads;

  • Open burning penalties; and

  • Parking Lot Paving Requirements.

We would like to see additional measures adopted to improve and protect our air quality including:

  • An indirect source review program for development.  New development contributes to the air-pollution problems by increasing both the number of vehicles and the vehicle miles traveled.  Instead of focusing only on the pollution caused by construction activities, indirect source review addresses the pollution caused by the resulting use.  Developers are asked to develop onsite measures to mitigate the pollution generated by the completed development.  This program would encourage bicycle paths and pedestrian friendly development, mixed land use, increased energy efficiency, and accommodations for mass transit. 

  • Additional funding for more mass transit statewide.  Additional roads and freeways will give us more bad air.

  • Cumulative impacts analysis to address issues with permitting sand and gravel operations.

If the measures in the bill along with those enacted by the county and the cities do not achieve the appropriate emissions reductions, then these will be on the table for any special session.  If not, then we would like to see them addressed in a bill or bills next year.

To contact your Arizona House Members, please go to http://www.azleg.gov/memberRoster.asp?Body=H.  In the Phoenix area call (602) 926-4221-House.  For senators go to http://azleg.gov/MemberRoster.asp?Body=S .  In the Phoenix area call (602) 926-3559 ­Senate.  In Tucson, for both houses, 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 legislators’ offices. 

HB2300 community colleges; bonding; technical correction (now: school districts; miscalculations; repayment) (Burns J) had a second strike everything amendment on it in the Senate Appropriations Committee on Tuesday.  The subject was water district; upper san pedro.  The bill authorizes the formation of an Upper San Pedro Water District, Board of Directors and transaction privilege tax (sales tax) authority on the sale of water in the District.  The district and any tax must be approved by the voters in the area.  The key provision in the bill is that the goal of the district.  The bill states, “The purpose and goal of the district are to maintain the aquifer and base flow conditions needed to sustain the upper San Pedro river and to assist in meeting the water supply needs and water conservation requirements for Fort Huachuca and the communities within the district.”  The reason this is so important is that it establishes protections of the river’s base flows ­ the flows that sustain the riparian vegetation and what keeps the river flowing during the driest times of the year.  It also makes clear the connection between ground and surface water ­ something that is acknowledged by nature, but not in our laws.  The bill also further defines water adequacy for development to include protection of river flows and would not allow dry lot subdivisions in the district.  While there are aspects of the bill we find problematic, we are supporting this step forward in protecting our rivers.  This clearly will not be enough and additional actions will be needed, however.  SUPPORT

Here are a few bill updates:

HB2443 NOW: user fee; off-highway vehicles (JP Weiers) still awaits a reconsideration vote.  We hear it will be early next week, too.  The bill establishes a user fee for off-road vehicles.  We would like to see the dollars for these grants targeted to restoration and only for trails in areas that are currently used and appropriate. 

HB2638 local energy plans (Cajero Bedford, Bradley, Mason, et al.) was signed by the Governor.  It adds an energy element to city and county plans to encourage and reward efficient use of energy.  SUPPORT.

HB2692 water supply development revolving fund (Mason, Ableser, Saradnik, et al.) was signed by the Governor.  It establishes a 13 member Water Supply Development Fund Committee and 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 unsustainable urban, suburban, and rural sprawl that depletes and dries up rivers and streams.  The grants 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.

HCR2039 NOW: state trust lands; public use (Nelson) and its companion bill HB2312 appear to be dead unless there is some agreement with the Arizona Education Association and the Governor’s office.  HCR2039 refers to the ballot a constitutional amendment to conserve some of the urban state trust lands.  It includes about 190,000 acres, which would have to be bought at true value (appraised value), but without auction. 

SB1254 NOW: real property; signage; solar devices (Leff) is awaiting final action in the House.  This bill includes provisions that make it more difficult for Home Owners’ Associations (HOAs) to block installation of solar energy panels.  It states that homeowners associations can't prohibit solar panels, but they can have reasonable restrictions on placement of them provided the restrictions do not block the installation, impair the function, restrict the use, or adversely affect the cost or efficiency of the device.  It provides for attorneys’ fees for the prevailing party in litigation relating to this.  SUPPORT.

SB1575 water adequacy amendments (Arzberger, Aguirre, Landrum Taylor, et al.) is on the Governor’s desk.  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 before a subdivision may be approved.  NEUTRAL.

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.

All 2007 Legislative Updates


Sierra Club, Grand Canyon Chapter, 202 E. McDowell Rd, Suite 277, Phoenix, AZ 85004, (602) 253-8633