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Legislative Updates 2008Sierra Club 2008 Legislative Update #7 “The ultimate authority ... resides in the people
alone.” February 22, 2008 Hello Conservation Friends! Thank you for making phone calls, for showing up at the legislature, and for letting your legislators know that you care about environmental protection. It does (you do) make a difference. If you only have time to email legislators, please do so, but I encourage you to make calls when you can as I think they are more effective. Showing up at the legislature or meeting with legislators in the districts is even more effective. This week HB2766 omnibus energy act of 2008 passed out of the House Water and Agriculture Committee. That is the good news. The bad news is it is a much amended bill with some of the key provisions weakened or gutted. The renewable energy requirements relating to Salt River Project were rendered meaningless as the definition of renewables was removed entirely. That means the bill just rubber stamps want they are doing now. Still, this was not enough for some of the other entities affected, who want to include hydropower in the definition without any restrictions. Despite the removal of the enforcement provisions relating to energy efficiency goals, the Central Arizona Homebuilders Association continued to oppose the bill. We will continue to work on the bill to make sure it is not further weakened and seek improvements. In other bad news, SB1110 funds; elimination; transfer (Burns), the bill that subjects the State Lake Improvement Fund to legislative appropriation, passed out of Senate Appropriations along party lines 6-4-1. This will further harm an agency that is already struggling to maintain our park system. This week, please call members of the House Natural Resources and Public Safety Committee and ask them to oppose HCR2037. HCR2037 constitutional rights; game and fish (JP Weiers, Adams, Barnes, et al) refers to the ballot a constitutional amendment to limit the authority of the Arizona Game and Fish Commission to regulate and manage wildlife consistent with its duties and limits the rights of citizens to enact legislation by initiative. The Sierra Club is not anti-hunting, but this measure is really not about hunting, it is about undermining the rights of the people as well as the commission system relative to wildlife management. At a minimum, this proposal would create inconsistent provisions regarding initiative rights within the Arizona Constitution. Please ask legislators to oppose this power grab. Members of the House Natural Resources and Public Safety Committee include Representatives Barnes rbarnes@azleg.gov , Biggs abiggs@azleg.gov , Burges jburges@azleg.gov, Kavanagh jkavanagh@azleg.gov, McGuire bmcguire@azleg.gov Nelson jnelson@azleg.gov, Pancrazi lpancrazi@azleg.gov, Sinema ksinema@azleg.gov, Ulmer tulmer@azleg.gov , and Jerry Weiers (Chair) jpwesiers@azleg.gov. You can find complete contact information by clicking here Legislators. If you're outside the Phoenix area, you can call legislators’ offices toll free at 1-800-352-8404. In the Phoenix area call (602) 926-3559 (Senate) or (602) 926-4221 (House). Just ask them to connect you to the various legislators’ offices. Coming up this week: Monday, February 25 Senate Committee on Government at 1:30 p.m. in SHR3 SB1331 community facilities districts; counties; limited areas (O’Halleran, Mason: Tobin) has a strike everything on the same subject. That is not posted at this time. SB1385 municipal plans; neighborhood element (Tibshraeny) requires a municipality with a population of 50,000 or more people to include a neighborhood revitalization element in its long-range general plan. This seems like a good idea. SB1387 real estate disclosure; training ranges (Bee) requires notification of base commanders when cities, towns or counties receive an application to alter property contained in a military electronics range. I expect Senator Bee is doing this for Fort Huachuca. SB1491 subdivision reports; notice (Gorman: Blendu, McCune Davis) requires the State Real Estate Department to record a public notice indicating that land has been unlawfully subdivided. Senate Committee on Judiciary at 1:30 p.m. in SHR1 SB1014 gubernatorial nominations; senate confirmation process (C. Gray) requires the governor to fill vacancies promptly, whether or not the legislature is in session, and allows people to continue to serve until the vacancy has been filled. SCR1021 accountability; clean elections for judges (C. Gray, Blendu, Johnson, et al) refers to the ballot a measure that provides for election of judges in Maricopa County. Is this really a good idea? House Committee on Homeland Security and Property Rights at 1:30 p.m. in HHR 1 HB2459 university trust land management; exchanges (Robson: McComish, Nelson, et al) gives the board of regents the power to direct the management, sale, lease and other disposition of the university state trust lands. These changes would be conditional on changes to the constitution and enabling act. OPPOSE. END_STATUTE HCR2027 trust lands; universities; beneficiary exchanges (Robson: McComish, Nelson, et al) changes the constitution, subject to an enabling act change, to allow conveyance of lands to the universities without auction and also allows the legislature to exchange lands between trust land beneficiaries. It does not limit it to state trust land. Why not transfer all the lands to the beneficiaries? This is not the appropriate way to address this issue. OPPOSE. END_STATUTE House Committee on Ways and Means at 1:30 p.m. in House Hearing Room 4 HB2613 renewable energy; property class (Mason, Prezelski, Miranda, et al) has a strike everything that changes the property tax classification for land that is generating renewable energy so it is taxed at a lower rate. SUPPORT. HB2839 mining classification; deduction (Yarbrough, Pearce: Adams, et al) exempts the sales of services or manufacturing to a person whose business falls under the mining classification from the transaction privilege tax (sales tax) if the mining business sells the products on which the service or manufacturing was performed. Do we need to further exempt these entities? OPPOSE. Tuesday, February 26 House Committee on Counties, Municipalities & Military Affairs at 1:30 p.m. in HHR 5 HB2615 solar energy systems; permits (Mason, Ableser, Reagan) requires cities and counties to adopt the Maricopa Association of Governments solar permitting standards and has caps on fees. The MAG standards are coming out of the bill. SUPPORT with the amendment. HB2156 railroad sites; review (Paton, Pancrazi) allows the Arizona Corporation Commission to review any proposed rail projects on land to be acquired by eminent domain, threat of eminent domain or auction and to hold at least one public hearing on the proposal. SUPPORT. Senate Committee on Transportation at 1:30 p.m. in Senate Hearing Room 3 SB1041 HOV lane usage; hybrids (Harper) indicates that hybrid vehicles must have at least forty-five per cent fuel efficiency in combined city-highway fuel economy in order to get the special plate and operate in the HOV lane. SB1420 toll roads; public highway authorities (Tibshraeny) establishes authority for toll roads. OPPOSE. SB1465 transportation: innovative partnerships program (Gould: Harper, Huppenthal et al) allows ADOT to establish these partnerships. This would mean even less accountability to the public. OPPOSE. SB1498 public-private partnerships in transportation (Gorman: Blendu, Harper) is a slightly different take on the whole public-private partnership proposal, but it also seems as if it will have the same problems as SB1465. OPPOSE. Wednesday, February 27 House Committee on Natural Resources and Public Safety at 9:00 a.m. in House Hearing Room 1 HB2666 aggregate mine reclamation law; exemption (Biggs) exempts the sand and gravel operations from the very weak Arizona reclamation requirements. OPPOSE. HB2853 bald eagle; endangered species act (Ableser, Pancrazi, Sinema, et al) establishes a state endangered species act to protect animals and a process for listing them. This is on the agenda for discussion only. SUPPORT. HCR2037 constitutional rights; game and fish (JP Weiers, Adams, Barnes, et al) see above. House Committee on Environment at 1:30 p.m. in House Hearing Room 5 HB2042 DOA; energy conservation standards (Robson) requires the Department of Administration to adopt energy conservation standards for construction of new capital projects. The department may make the standards available to all political subdivisions of this state as a model for energy conservation standards in the construction or renovation of buildings, structures, facilities and areas by these political subdivisions. END_STATUTE HB2493 solid waste dumping (McGuire, McClure, Nelson, et al) clarifies that waste and debris remains in the ownership of a person or company until it has been properly and legally disposed of. SUPPORT. HB2584 Arizona geological survey; restructuring (Ulmer) combines Department of Mineral Resources with the Arizona Geological Survey. SUPPORT. HB2809 environmental standards; county regulation (Burges, Boone) makes it easier for a county to adopt a rule, ordinance or other regulation that is more stringent than state law. SUPPORT. HCM 2002 Kyoto protocol (Schapira) asks the Congress to endorse the Kyoto Protocol to reduce greenhouse gas emissions. SUPPORT. Senate Committee on Natural Resources and Rural Affairs at 1:30 p.m. in SHR 109 SB1044 haulage roadways; technical correction (Blendu) has a strike everything amendment on water; recharge permits, but it is not yet posted. SB1264 mineral inventory; technical correction (Johnson) has a strike everything amendment on roads; rights of way SB1328 oil and gas; shut-in royalty (Flake) is a measure to help one company Enhanced Oil Resources, Inc., that is looking to lease state trust lands for carbon dioxide and helium. The bill really doesn’t have an environmental implication, but it does point to how bad our oil and gas statutes are. SB1330 abandoned mines; safety; funding (Burns, Flake, Harper, et al) eliminates the arts trust fund and replaces it with the abandoned mines safety fund. SB1391 CAP revenue bonds (Flake, Aguirre) allows them to issue revenue bonds pursuant to fund the costs and expenses of the Central Arizona Water Conservation District with respect to replenishment. I guess the days of subsidizing these major water projects are not over. SB1438 mine inspector; surplus property (Flake O’Halleran, Konopnicki, et al) will have a strike everything amendment on mine inspector; abandoned mines; donations that includes provisions for filling abandoned mines with used tires. This is a truly bad idea the tires are very flammable and could create a fire hazard, at a minimum. OPPOSE. SB1439 water; general industrial use permits (Flake) expands the circumstances under which the Arizona Department of Water Resources must issue a General Industrial Use Permit to include an animal industry if the cost of the service would exceed 25 percent of the cost the applicant would otherwise incur in withdrawing the groundwater. Several dairy operations are seeking this. The requirements are weak enough; we don’t need to create another loophole. OPPOSE. SCR1034 trust land permanent funds; distribution (Flake, O’Halleran, Brown, et al) appears to be a vehicle bill for a strike everything amendment. Senate Committee on Commerce and Economic Development at 9:00 a.m. in SHR 3 SB1406 municipal development fees; technical correction (Bee) has a strike everything on development fees. I can’t imagine that it is a good one, but it was not posted yet. Thursday, February 28 House Committee on Water and Agriculture at 9:30 a.m. in House Hearing Room 1 HB2141 home sales; water supply disclosure (Ableser: Ch Campbell) requires the disclosure of the water situation with all advertising and sale of property. This is a much needed consumer protection measure. SUPPORT HB2771 interstate water transfers (McLain) allows a fee for interstate transfer of water. HB2772 groundwater transfers; drought emergency (Mason) has a strike everything ground transfers; Coconino plateau. It is not yet posted. HCR2032 supporting renewable energy sources (Nelson, J. Burns, Mason, et al) encourages the state to use locally produced fuel and to get 25 percent of its fuel from agriculture by 2025. 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 |