Legislative Updates 2007

Sierra Club 2007 Legislative Update #24

“I've always said that in politics, your enemies can't hurt you, but your friends will kill you.”

— Ann Richards

June 15, 2007

Hello Conservation Friends!  It looks like the session may end ­ sine die ­ this next week.  Apparently they have an agreement on the budget and will try to get it through both houses on Monday and Tuesday.  We have not seen the details, so do not know if the measures about which we were concerned ­ funding for the Arizona Water Protection Fund, Arizona Department of Environmental Quality, Parks, Valley Fever research, and energy measures - are in the bill.  We do know that there are millions more dollars for roads and freeways ­ can’t properly fund schools, parks, public health measures, or protect our air and water, but we sure can pump a lot of money into concrete.

Big oil won the day again at the Legislature ­ they are just not making enough profits ­ as they convinced the House Environment Committee Chair, Ray Barnes, to remove the winter time Cleaner Burning Gasoline provisions for western Pinal County from SB1552.  There is also no cumulative impacts analysis in the bill to address the sand and gravel operations. The Arizona Rock Products Association objected to that being included.  We think the county has the authority to implement that, however.  They did not address indirect emissions for development.  We hope to see that on the table outside the legislative process.  The limitations on grading large swaths of land all at once are not in there either.  The Homebuilders Association objected to that.  While the bill does not do all it should, it is still a good solid step in the right direction.  It should go to final passage in each House early next week.

SB1552 air quality program (Allen, Huppenthal) includes:

• Dust Training and Dust Coordinator requirements (areas larger than 5 acres);
• Cleaner Burning Gasoline summer provisions for a new Area C (western Pinal County);
• Requirements for development of off-road vehicle ordinances and limits on where off-road vehicles can drive;
• 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 prohibitions on blowing debris into the roads;
• Increased open burning penalties;
• Restrictions on parking on unpaved lots; and
• Requirements for cities and towns to pave or stabilize unpaved road shoulders, roads, and alleys.

Please encourage your Arizona legislators to support SB1552.  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 for your legislators’ offices. 

I bet you were thinking, there just isn’t enough special interest money in politics.  Well, increasing how much individuals can contribute to state candidates is exactly where the Clean Elections bill is headed.  Please call all members of the conference committee on HB2690 and ask them to oppose an amendment to increase the limit on total contributions an individual can make to candidates $3,530 (for 2006) to $7,500 per year. 

They include Representatives Chad Campbell, Marian McClure, and Michelle Reagan and Senators Chuck Gray, Richard Miranda, and Jim Waring. 

HB2690 clean elections; amendments (Reagan, Boone, Kirkpatrick, et al.) was a consensus bill on making some clarifying and technical changes.  It was amended in the Senate to add several provisions that are objectionable and apparently they are going to make the bill worse with this latest amendment.  We were fine with the technical fixes to Clean Elections that were contained in the original bills, but we object to this latest maneuver to get more cash for those not using the Clean Elections system.  OPPOSE.

Here are a few bill updates:

HB2300 NOW: water district; upper san pedro (Burns J) passed out of the Senate 22-4-4.  It 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 small step forward.  Additional actions will be needed to protect the river, however.  SUPPORT

HB2443 NOW: user fee; off-highway vehicles (JP Weiers) still awaits a reconsideration vote.  We hear it will go as soon as the budget goes.  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. 

HCR2039 NOW: state trust lands; public use (Nelson) and its companion bill HB2312 deal with state trust lands.  They appear to be dead for the session. 

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.  SUPPORT.

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.