[az-leader] AZ Legislative Update #6
- From: Janice Miano <jmiano@xxxxxxxx>
- To: az-leader@xxxxxxxxxxxxx
- Date: Sun, 24 Feb 2002 10:13:27 -0700
To: Conservation Friends
From: Sandy Bahr, Conservation Outreach Director, Sierra Club
Date: February 22, 2002
Re: Legislative Update #6
Hi Everyone! This is the déjà vu update. Most of the committee
hearings
and floor activities were canceled last week, so the schedule is very
similar -- just more bills. The Monday committee meetings have been
canceled, but at this point, it looks the others are going to move
forward.
I apologize for the length of the update, but I did want to include all
of
the issues that might be addressed this week. As always, I have tried to
put the important items up front.
Right now, the proposed Senate budget does not take the Heritage Fund,
but
the Senate is not in agreement on it. Please call Senators and thank
them
for not taking Heritage Fund dollars and encourage them to stick to it.
Please call House Members and ask them to oppose HB2381 initiative and
referendum; pamphlet; signatures (McClure; Anderson, Binder, et al).
This
bill holds the campaign committee liable for the county's costs (not to
exceed 50 cents per signature) for examination and verification of the
signatures if more than a third of the signatures that are turned in are
invalid. This is another effort to limit our ability to promote issues
through the initiative process and is probably unconstitutional.
Please ask senators to oppose SB1117 school buses; alternative fuels
(Smith:
Bennett), a measure which exempts schools from meeting alternative fuel
goals for school buses. While we understand that the schools are asking
for
this due to financial constraints, we think it is a step backwards for
air
quality and the health of Arizona's children. Continuing to run the
school
buses on diesel fuel contributes to our air quality problems and affects
the
health of those who are exposed to the diesel exhaust. There are
numerous
studies that indicate a significantly higher cancer risk from exposure to
diesel exhaust, not to mention the impact of the exposure of the children
to
the fine particulates in the exhaust.
Attention Pima County folks! Please call Representatives McClure,
Somers,
Graf, and Senator Bee and tell them you are disappointed in their
sponsorship of HB2638, a measure that is aimed at eviscerating the
Sonoran
Desert Conservation Plan, but that would affect every county's ability to
plan and zone. These legislators need to hear from you now. While you
are
at, please call Representatives Poelstra and Huffman and ask them to
oppose
the bill. The bill says that if any county adopts a planning designation
in
its comprehensive land use plan or a zoning regulation that causes a
reduction in use or value of property of ten percent or more then that is
considered a taking and the property owner is entitled to compensation.
If
HB2638 passes, it will result in a lot more litigation and a lot more
costs
to counties that are trying to plan and zone to protect the quality of
life
in their communities. A plan designation does not rezone a person?s
property and does not reduce the value of a person?s property.
Individuals
do not have a right to speculate at taxpayer expense about a possible
rezoning of their property in the future.
Coming up in the legislature this week:
MONDAY
Environmental Legislative Day -- 9am to 11am in the Old Capitol, Ice
Cream
Parlor, 9am to 1pm tables and displays on House lawn. Please join us if
you
can.
TUESDAY
House Committee on Counties and Municipalities at 7:30 a.m. in HHR5
HB2266 municipal zoning change; protest; requirements (Somers) changes
the
statues regarding a zoning protest and says that if a protest is filed by
a
single property owner who owns twenty percent or more of the areas in
which
the protest is allowed, then there must be a protest by at least one
owner
in another area. A person's ability to rezone is not blocked if the
protest
level is achieved; it simply kicks in the supermajority requirement so if
the proposal is good enough, it will presumably be approved by the
council.
There's no reason for this change. WE OPPOSE IT.
HB2409 comprehensive transaction privilege tax (Camarot, Loredo, Miranda,
et
al) removes a long list of sales tax exemptions including for services,
fees
to health clubs, equipment used for remediation of contamination,
automotive
services, carpet cleaning, pest control, dry cleaning, equipment used for
electric transmission, etc.
House Committee on Ways and Means at 8:49 a.m. in HHR4
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. This seems like a good idea.
HCR2029 tax increase by initiative; vote (Farnsworth, Pearce, Pierce, et
al)
refers to the ballot a measure that requires a two-thirds vote for any
initiative or referendum that would provide for a net increase in state
revenues. Here we go again. It is difficult to get a two-thirds vote on
anything. WE OPPOSE IT.
House Committee on Retirement and Government Operations at 9:00 a.m. in
HHR3
HB2487 EMINENT DOMAIN (Farnsworth, Pearce, Anderson, et al) changes the
conditions under which cities can use eminent domain in redevelopment
areas -- limits it to elimination of slum or blight.
House Committee on Environment at 1:00 p.m. in HHR5
HB2125 chemical fires response coordination (Landrum Taylor, Lopez L,
Chase,
et al) requires cities with a population of 75,000 or more persons to
work
with the state fire marshal to establish a permitting process that
identifies and tracks commercial and industrial buildings that use or
have
hazardous materials on site. WE SUPPORT IT.
HB2127 Hazardous chemical; right to know (Landrum Taylor, Lopez L, Chase,
et
al) provides for electronic filing of emergency and hazardous chemical
inventory forms. WE SUPPORT IT.
HB2130 hazardous waste facility; notice hearing (Gullett, Huffman,
O'Halleran) is a vehicle bill, I believe.
HB2315 waste permits; disparate impacts (Loredo, Avelar, Lugo, et al)
requires the Arizona Department of Environmental Quality (ADEQ) to
establish
rules to examine whether permitting hazardous waste and solid waste
facilities has a disparate impact on minority communities. While it is
clear that ADEQ should already be considering whether these facilities
are
affecting minority communities disproportionately, it is equally clear
that
it is not. Nearly all of Arizona's hazardous waste facilities are
located
in minority and low-income neighborhoods. The bill also requires the
director to deny approval of the permit if she/he determines that it
would
have a disparate impact. This bill will have a strike everything
amendment
which has not yet been posted. WE SUPPORT THE BILL.
HB2545 environment; cumulative risk (Loredo, Lugo, Clark, et al) requires
the ADEQ to determine the cumulative risk and effect of a proposed
facility
on the public health and welfare and the environment when combined with
existing uses within the same zip code area as that proposed facility.
It
includes air quality permits, hazardous waste and solid waste permits, as
well as water quality permits. WE SUPPORT THIS.
HB2560 air quality fund; control measures (Gullett, Huffman, Loredo, et
al)
puts the new vehicle emissions fee into the air quality fund and requires
that these dollars only be used for the specific purposes outlined in the
bill and specifically for Area A (Phoenix area) and Area B (Tucson area).
The funds can be used for air quality research for improving or
maintaining
attainment status and specifically reducing emissions of particulate
matter,
carbon monoxide, nitrogen dioxide and volatile organic compounds. 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,
local grants for particulate efficient street sweepers, and other
measures
that have been evaluated by ADEQ. This overall seems like a positive
bill
to me. WE SUPPORT IT.
HB2563 water quality fund transfers; repeal (Huffman, Allen, Miranda, et
al)
repeals the transfer of funds from the Water Quality Assurance Revolving
Fund that was passed in the special session. While we do not oppose
reinstating these dollars, we cannot help but think that this could be at
the expense of the Heritage Fund. While they reinstate this $15 million,
they take $8 million from Heritage Fund.
HB2585 air quality; regional haze program (Huffman, Allen, Gullett, et
al)
allows the 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. This appears to be moving in the right
direction.
HB2622 fire department; electronic reporting (Landrum Taylor, Giffords,
Burton Cahill, et al) requires 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 state and hazardous
material
management plans. This seems like a fine idea.
House Committee on Public Institutions and Rural Affairs at 1:30 p.m. in
HHR4
HB2594 water exchanges (Gleason) expands the conditions under which water
exchanges can occur.
WEDNESDAY
Senate Committee on Commerce at 8:30 a.m. in SHR1
SB1339 state agencies; administrative procedures (Burns, Bennett,
Arzberger,
et al) is part of another regulatory reform package. Among other things,
it
says that agency rules become effective after ninety days unless certain
conditions are met that would justify the rules becoming effective
immediately. One of those reasons is that it is a less stringent rule.
I
think this is simply ridiculous. Haven't the big business interests
squeezed enough out of this state yet? It also looks like it eliminates
the
requirement for a concise explanatory statement. WE OPPOSE THIS.
House Committee on Natural Resources and Agriculture @ 9:00 a.m. in HHR4
HB2582 governor's water management commission amendments (O'Halleran,
Carruthers, Hatch-Miller, et al) is an enormous bill that is intended to
implement the recommendations of the commission. It provides some
recognition and protection for riparian areas, so we are generally
supportive of the bill.
HB2162 state land; planning and administration (Flake, Gleason, Guenther,
et
al) makes numerous changes to the urban lands act. It will be amended to
say leapfrog development and sprawl are fine with the land department as
long as it is in the cities' or counties' plans. WE STILL OPPOSE THIS
BILL.
HB2601 growing smarter; planning and zoning (Huffman, Allen, Arzberger,
et
al) makes changes to the required water element for general plans --
they
have to identify the known legally and physically available water in the
plans and include an analysis of how the demands for water associated
with
growth will be met. It states that no additional hydrogeological studies
are required. It extends the deadlines for adopting new general plans to
December 2003 and requires that they continue to refer the plan until
they
get approval. It is difficult to get too excited about anything relating
to
Growing Smarter as the base laws does very little.
THURSDAY
Senate Natural Resources, Agriculture and Environment at 8:30 a.m. in
SHR1
(Best guess at the agenda.)
SB1338 underground storage tanks (Richardson, Gunether, et al) will be
amended to reinstate language regarding protection of public health and
welfare and the environment. Once that is added, we are fine with the
bill.
SB1344 governor's water management commission amendments (Guenther,
Hamilton, Hellon, et al) is the big bill that will promote the Governor's
Water Commission recommendations. For such a large bill -- a whopping
147
pages -- it does relatively little. That being said, we are supportive
of
the provisions which recognize the need to protect riparian areas. It
will
have a very limited impact, but is a step in the right direction.
SB1353 Arizona agricultural heritage act (Guenther, Arzberger,
O'Halleran,
et al) establishes the Arizona Agricultural Heritage Commission and the
Arizona agricultural heritage fund within the Department of Agriculture,
for
the purpose of purchasing agricultural easements. This is the Nature
Conservancy's bill.
SB1355 governor's water commission; withdrawal assessments (Guenther,
O'Halleran, Arzberger) establishes additional fees for groundwater
pumping -- a safe yield fee. We are supportive of that.
SB1368 navigable stream adjudication commission; continuation (Guenther,
Arzberger, Brown, et al) continues this commission until 2006. The state
is
being very irresponsible with our streambeds and its public trust
responsibility. It has been 17 years since the attorney general and the
courts told the state that it had a responsibility for the streambeds.
Since then, the legislature, this commission, etc. has done nothing to
demonstrate any responsibility for these streambeds. Meanwhile tons of
sand
and gravel are extracted and the streambeds are being decimated. WE
OPPOSE
THIS BILL, BECAUSE WE OPPOSE THIS CONTINUED FOOT DRAGGING.
Discussion Only
SB1115 sand and gravel operations; procedures (Bundgaard, Cummiskey) says
that before establishment of a sand and gravel operation, the county has
to
establish a citizen review process. It changes the make up of the
citizen
committee to include 4 sand and gravel operators and 8 property owners,
plus
county planning and zoning and someone from ADOT. This is a step in the
right direction. WE ARE SUPPORTIVE OF THE BILL.
SB1216 air quality permits; sand and gravel (Cirillo, Burns) says that
any
change in location of a sand and gavel operation or concrete batch plant
constitutes a modification of the general permit relative to air
emissions
relative to a title V permit. This is a relatively meaningless bill
because
few of these operations would qualify as major sources -- just a few of
the
big ones. It is fine, but I don't know that it does much. WE WILL WATCH
THIS.
SB1249 aggregate surface mining notice act (Cirillo, Burns) gives the
state
mine inspector more responsibility relative to sand and gavel operations
and
requires a community notice. It is unlikely that this will change much.
The mine inspector is not strong relative to enforcement and mining
operations. WE'RE NEUTRAL ON IT.
SB1274 state land; leases and improvements (Martin, Brown, Arzberger,
Guenther) Requires the State Land Department to appraise improvements
relating to grazing leases in relation to the production unit. There
will
be a major amendment or striker that will be aimed at making it difficult
if
not impossible for conservationists to bid on grazing leases. WE OPPOSE
THIS.
SB1281 sand and gravel; mine inspector (Cirillo, Burns, Rios, et al)
relies
on the establishment of sand and gravel zoning districts to trigger new
restrictions on sand and gravel operations. Considering that such
districts
haven't been formed despite being available for years, it's unlikely
they'll
be formed under this bill, especially given the more stringent
requirements
on sand and gravel. If such districts were formed, the bill allows for
greater power to control sand/gravel. It will be interesting to see
where
this bill goes. WE ARE GENERALLY SUPPORTIVE OF THIS.
SB1282 sand and gravel; counties (Cirillo, Burns, Rios, et al) amends the
general plan requirements to include sand and gravel areas and require
future facilities to exist only in the pre-established areas (with
exceptions). This appears to be a step in the right direction. WE ARE
GENERALLY SUPPORTIVE.
SB1354 protected development rights; procedures (Guenther, Brown, Weiers,
et
al) removes the authority of cities, counties and towns to specify which
types of plans are protected development right plans. It also says
something could become a protected development right if it was approved
by
staff, not the legislative body. This is another terrible bill and is
similar to the one that Wal-Mart pushed last year. WE OPPOSE IT.
SB1355 governor's water commission; withdrawal assessments -- establishes
additional fees for groundwater pumping -- a safe yield fee. WE SUPPORT
IT.
SB1363 omnibus water bill makes a number of administrative changes. It
seems okay.
SB1375 methamphetamine labs; clean up guidelines (Martin, Cirillo)
Requires
the Arizona Department of Environmental Quality (ADEQ) to establish
standards of practice for the remediation of residual contamination
caused
by the production of methamphetamines or other street drugs.
SB1408 water protection fund; surcharge (Guenther) redirects, from the
state
general fund to the water protection fund in FY 2002-2003, revenues
collected from the surcharge on leased Colorado River water. This at
least
restores a funding source for this program. WE SUPPORT IT.
SB1409 Indian water settlements; storage credits (Guenther) allows the
tribes that have water rights settlement that provides for off
reservation
storage CAP water to accrue up to 10,000 acre feet annually in storage
credits.
SB1410 water management authority; Santa Cruz(Guenther, Arzberger:
Bennett,
et al) allows the formation of a Water Management and Importation
Authority
in each active management area. Are they trying to limit DWR's control
relative to groundwater in this area?
SB1411 biodiesel fuel; regulation (Bennett, Guenther, Richardson, et al)
requires biodiesel testing and standards. This is a good idea.
SCR1014 state land exchanges; local governments (Bee, Arzberger, et al)
refers to the ballot a measure which allows state trust land to be
exchanged
for lands owned by counties, cities, towns and school districts for a
public
use. We are not convinced this is a particularly good idea. What is a
public use? A new Wal-Mart? The public is overall very skeptical about
exchanges and this measure leaves it wide open for abuse. We oppose it.
SCR1016 state land exchanges; military airports (Bundgaard, Hamilton,
Blendu, et al) refers to the ballot a measure which would allow state
trust
land to be exchanged for land in high noise and accident potential zones
surrounding military airports. So how would this be in the best
interest
of the trust and the trust beneficiaries. We oppose this. Land
exchanges
need to be done very carefully and on a limited basis otherwise the
public
ends up getting a bad deal. This appears to be an invitation for many
bad
deals. WE OPPOSE IT.
House Committee on Military, Veteran Affairs and Aviation at 9:00 a.m. in
HHR5
HCR2036 initiative; appropriations; return to ballot (Marsh, Johnson;
Blendu) is another attempt to limit citizens' rights to the initiative
and
referendum process. It says that any measure that allocates from the
state
general fund has to be submitted again to the voters every ten years.
This
process is so painful and difficult that I can't imagine having to
resubmit
measures every ten years. The legislature can re-refer a measure AT ANY
TIME, if it has the votes. WE OPPOSE THIS.
Thanks for all your help! For more information on legislation go to the
web
page at www.azleg.state.az.us . 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. To email legislators
go
to http://www.arizonasenate.org/members.html for the senate and to
http://www.426-hemi.com/cars/azhouse.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.
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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