[az-leader] AZ Legislative Update #16
- From: janice miano miano <jmiano@xxxxxxxx>
- To: az-leader@xxxxxxxxxxxxx
- Date: Sun, 5 May 2002 12:37:23 -0700
To: Conservation Friends
From: Sandy Bahr, Conservation Outreach Director, Sierra Club
Date: May 3, 2002
Re: Legislative Update #16
Hi all! It looks like they may wrap up the session next week. We can
all
breathe a little easier then. They have finished with most of the key
environmental bills -- just a few loose ends -- and overall have done
limited damage this session. It actually is looking like the Heritage
Fund
may dodge a fatal bullet - the legislative proposal for the 2003 budget
does not include a provision to steal it. This is no thanks to Governor
Hull, who has repeatedly put Heritage on the chopping block. Please
thank
your representatives for keeping the Heritage Fund whole.
Over the weekend or on Monday, please call Senators and ask them to
oppose
HB2162 state land; planning and administration (Flake, Gleason, Guenther,
et
al). Ask them to say no to the State Land Department's plans to promote
more sprawl. After numerous discussions with the State Land Department,
the
Commissioner and his representatives we have not been able to address our
primary concern with this bill: the fact that it could encourage and
accommodate sprawl and leap frog development on state trust lands. The
new
"notwithstanding" language in 37-132 Section (B) 8 effectively negates
the
anti sprawl language in Section 37-132 (A) 4 which states the
commissioner
shall "Promote the infill and orderly development of state lands in areas
beneficial to the trust and prevent any urban sprawl or leapfrog
development
on state lands." This bill failed initially, but will be back for
reconsideration.
In a move that demonstrates again their lack of concern for state trust
lands, Arizona House members voted out SB1274 state land; leases and
improvements (Martin, Brown, Arzberger, Guenther) on a 38-19-3 vote.
While
the Cattlegrowers and the Land Department said the bill really didn?t
change
anything, they made it one of their key bills and refused to even
consider
amendments to it. The bill imposes additional roadblocks on those who
would
apply for grazing leases for conservation purposes. It is not in the
best
interest of the trust beneficiaries -- primarily the public schools --
and
it certainly is not what is best for the land itself. Please thank the
following members for their opposition to this measure: Avelar,
Brotherton,
Burton Cahill, Camarot, Cardamone, Cheuvront, Foster, Giffords, Gullett,
Kraft, Landrum Taylor, Laughter, Leff, Lopez, Loredo, Poelstra, Soltero,
Tully, and Weason. (Representatives Allen, Anderson, and Norris were
missing. The rest voted yes.)
UPDATE ON A FEW BILLS:
HB2104 county acquisition of development rights (Huffman, Hershberger,
O'Halleran, et al) allows counties to purchase or lease development
rights.
This is a tool Pima County would like for use in the Sonoran Desert
Conservation Plan. This bill passed out of the Senate 26-2-2 and has
been
transmitted to the Governor.
HB2106 property tax classification; conservation easement (Huffman,
Hershberger, Gullett, et al) lowers the rate at which property will be
taxed
if it has a conservation easement. There was some talk about getting
this
bill to the Floor via a discharge petition, but time is running out.
HB2380 NOW: task force on property rights (McClure, Cooley, Avelar, et
al)
sets up a task force on property rights consisting of four senators and
four
representatives. It allows them to appoint an advisory committee. The
task
force will look at "various activities" of the state and its political
subdivisions that affect property value. Senator Richardson's Floor
Amendment improved the bill. The bill failed to pass 15-11-4, but there
was
a motion for reconsideration, so it will be back.
HB2560 air quality fund; control measures (Gullett, Huffman, Loredo, et
al)
was amended on the Senate Floor to include a provision regarding the
phase
out of diesel buses in the schools. We are not too thrilled with this
provision as it allows schools to meet the requirements by using low
sulfur
diesel, instead of something cleaner, and it caps the requirement at 50%.
The bill continues the new vehicle emissions in lieu fee and puts it into
the air quality fund. The funds can be used for improving or maintaining
attainment status and specifically reducing emissions of particulate
matter,
carbon monoxide, oxides of nitrogen, volatile organic compounds, and
hazardous air pollutants. The measures that are included in the bill
include a voluntary lawn and garden equipment emissions reduction
program, a
voluntary vehicle repair and retrofit program, the diesel vehicle low
emission incentive grant program, and other measures that have been
evaluated by ADEQ.
HB2585 air quality; regional haze program (Huffman, Allen, Gullett, et
al)
passed the Senate 27-0-3 and awaits a Final Read in the House. The bill
allows the Arizona Department of Environmental Quality (ADEQ) to begin a
regional haze program designed to identify and reduce pollution around
Class
I areas including places like the Grand Canyon National Park. The
program
will include monitoring, reduction of stationary and mobile emission
sources, etc. It was amended to say that ADEQ could only proceed under
the
309 provisions of the federal regulations if it is determined that mobile
source emissions from areas within the state do not contribute
significantly
to visibility impairment in any of the Grand Canyon Visibility Transport
Commission Class I Areas. The amendment was unnecessary and unduly
limits
the state's options.
HB2622 NOW: hazardous materials; planning; filing (Landrum Taylor,
Giffords,
Burton Cahill, et al) passed out of the Senate 27-0-3 and awaits a Final
Read in the House. It allows facilities that are subject to the
emergency
response regulations in cities with 75,000 or more persons to file an
electronic format hazardous material inventory statement and hazardous
material management plans. We support this modest measure.
HB2693 NOW: renewable resource study committee (Graf, Chase, Flake, et
al)
establishes a renewable energy study committee to evaluate state and
federal
policies that hinder or encourage the use of renewable energy resources.
This passed out of the Senate 20-8-2 and goes back to the House for a
Final
Read.
SB1117 school buses; alternative fuels (Smith: Bennett) is probably dead.
A
version of it was amended on to HB2560. This bill weakened the phase out
provisions regarding diesel school buses.
SB1354 protected development rights; procedures (Guenther, Brown, Weiers,
et
al) allows cities and towns to establish an ordinance to give a protected
development right without indicating it is a protected development right
up
front. This gives developers additional leverage in a process where they
already have enormous power. The bill was amended on the House Floor
after
the League of Cities cut a deal with the Homebuilders. It appears to
primarily affect phased developments. From my perspective, the last
thing
the developers need is more leverage in the project approval process.
To email legislators go to http://www.arizonasenate.org/members.html for
the
Senate and to http://www.azleg.state.az.us/members/45leg/house.htm for
the
House. If you are not sure who your legislators are, please go to
www.vote-smart.org or call the House or Senate information desks. If
you're
outside the Phoenix area, you can call your legislator's office toll free
at
1-800-352-8404. In the Phoenix area call (602) 542-3559 (Senate) or
(602)
542-4221 (House). Correspondence goes to 1700 W. Washington, Phoenix, AZ
85007-2890. For more information on legislation go to the web page at
www.azleg.state.az.us.
Sandy Bahr
Conservation Outreach Director
Sierra Club - Grand Canyon Chapter
202 E. McDowell Rd, Suite 277
Phoenix, AZ 85004
Phone (602) 253-8633 Fax (602) 258-6533
grand.canyon.chapter@xxxxxxxxxxxxxx
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