[az-leader] AzLegislative Update #10

  • From: Janice Miano <jmiano@xxxxxxxx>
  • To: az-leader@xxxxxxxxxxxxx
  • Date: Sun, 24 Mar 2002 10:53:55 -0700

To:             Conservation Friends
From:           Sandy Bahr, Conservation Outreach Director, Sierra Club
Date:   March 22, 2002
Re:             Legislative Update #10

Hi all! This week's activities at the Legislature demonstrated clearly
why a
full-time legislature would be a mistake -- just think how much mischief
they could get into, if only they had more time.

I know this is a little repetitive, but please call your senator and ask
him/her to oppose SB1274 state land; leases and improvements (Martin,
Brown,
Arzberger, Guenther). This bill passed on Thursday, but there was a
motion
for reconsideration.  Please call and thank the following senators and
ask
them to hold fast on their no votes:  Bundgaard, Cirillo, Cummiskey,
Gerard,
Hartley, Jackson, Lopez, Mitchell, Richardson, Rios, Solomon, Valadez,
and
Yrun.  Also thank Senator Hamilton for asking for the  reconsideration
vote.
Please do take the time to phone as it will have more impact than another
email.  This bill imposes additional roadblocks on those who would bid on
grazing leases for conservation purposes -- it makes it more costly to
buy
"improvements," limits the time for coming up with the dollars, and
limits
what can be done with the improvements.

Also, please call House members and ask them to oppose HB2638.  It passed
out of the House Natural Resources and Agriculture Committee with only
one
person voting no -- Representative Cardamone.  Please send him a note of
thanks, if you have an opportunity.  The bill was amended to say that if
any
county adopts a conservation 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 will be costly to counties
(county
taxpayers) that are trying to plan and zone for conservation and protect
the
quality of life in their communities.  The bill is now clearly aimed at
undercutting conservation efforts as well as Pima County's Sonoran Desert
Conservation Plan.

Bill Updates:
SB1117 school buses; alternative fuels (Smith: Bennett), a measure which
exempts schools from meeting alternative fuel goals for school buses,
passed
out of the Senate (18-9-3) and now goes to the House. Please thank
Senators
Cummiskey, Gerard, Hartley, Lopez, Mitchell, Richardson, Rios, Valadez
and
Yrun for opposing this.

HB2162 state land; planning and administration (Flake, Gleason, Guenther,
et
al) makes numerous changes to the urban lands act.  It says leapfrog
development and sprawl are fine with the land department as long as it is
in
the cities' or counties' plans.  This passed out of the House Natural
Resources and Agriculture Committee.

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.   The bill was defeated in Committee.
Please thank Representatives Burton Cahill, Cannell, Lugo, Maiorana,
O'Halleran, and Nelson for their opposition.

HB2655 aggregate mining community notice (Farnsworth) 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,
because it relies on the same committee and special district
establishment
that have been in place for years.  They are supposed to amend the bill
so
it does not affect the litigation regarding whether or not an asphalt
batch
plant needs a special use permit.  If that is done, we will be neutral on
the bill.  The counties really should be given responsibility for
regulating
these entities relative to zoning.  This bill does not do that.  It
passed
out of the House Natural Resources and Agriculture Committee.  A similar
bills SB1344, is moving through the Senate.

HB2560 air quality fund; control measures (Gullett, Huffman, Loredo, et
al)
continues the new vehicle emissions fee and puts it into the air quality
fund.  It funds monitoring and emissions reduction programs.  We support
it
(yes and so does Jake Flake).  This passed out of the House Environment
Committee.

HB2693 clean power development (Graf, Chase, Flake, et al) was amended to
create a study committee and nothing more.  Still, it is encouraging that
the Committee at least learned a little more about renewables and energy
efficiency.

HCR2036 initiative; appropriations; return to ballot (Marsh, Johnson;
Blendu) says that any measure that allocates money from the general fund
has
to be submitted again to the voters every ten years.  This was defeated
in
the House Committee on Military, Veteran Affairs and Aviation.  Please
thank
Representatives Chase, Lopez, Lugo, Sedillo, Voss, and McClure for
opposing
this bill.


Coming up in the legislature this week:

MONDAY
Senate Committee on Government at 9:00 a.m. in SHR3
HB2105 county infill incentives (Huffman, Hershberger, Valadez, et al)
allows counties to establish infill areas where they can provide for
infill
incentives.  This can help limit sprawl and encourage development in
areas
where the infrastructure already exists.  WE SUPPORT IT.

Senate Committee on Finance at 9:00 a.m. in SHR1
SB1358 use tax; natural gas (Guenther, Camarot, May et al) applies state
use
tax to the purchase of unbundled natural gas utility services and
unbundled
electric utility services and it allows counties to levy use tax on the
storage of electric or natural gas utility services. Under deregulation,
the
utility services provided by out-of-state companies are exempt from sales
tax.  This brings them into the fold.

House Committee on Health at 1:30 p.m. in HHR4
HB2595 clandestine drug labs; cleanup (Somers, Foster, Cummiskey, et al)
attempts to promote clean up of drug labs.  The Department of
Environmental
Quality has steadfastly refused to consider taking any role in this and
has
abdicated its responsibility relative to public health and safety
relative
to these contaminated sites.  We are supportive of developing a program
to
clean up of these sites.

TUESDAY
House Committee on Counties and Municipalities at 8:00 a.m. in HHR5
HB2315 waste permits; disparate impacts (Loredo, Avelar, Lugo, et al)
sets
up a study committee regarding the cumulative impact of hazardous waste
and
solid waste facilities.  The big business interests are attempting to
stack
it, but hopefully it will move forward in a form we can support.
HB2650 municipal general plans; open space (Nelson, Kraft, Blendu, et al)
amends the growing smarter statute to say that a municipality can
designate
something as open space on its general plan without getting written
permission of the property owner provided it has already zoned it
consistent
with that designation.  This is a step in the right direction.  WE
SUPPORT
IT.

House Committee on Ways and Means at 8:49 a.m. in HHR4
HCR2029 tax increase by initiative; vote (Farnsworth, Pearce, Pierce, et
al)
refers to the ballot a measure that requires that any initiative or
referendum that provides for a net increase in state revenues is
effective
only with a two thirds vote.  Basically, it would have prevented anything
like the Heritage Fund, which is widely supported by the public, from
ever
happening again.  WE OPPOSE IT.

House Committee on Retirement and Government Operations at 9:00 a.m. in
HHR3
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.

House Committee on Environment at 1:00 p.m. in HHR5
HB2501 emissions testing; motorcycles (Cooley, Giffords, Chase, et al)
had a
strike everything amendment in Transportation that says ADEQ must ask EPA
to
exempt motorcycles and collectable vehicles from the emissions
requirements.
There is no striker yet posted.  This is bad idea, especially at a time
when
we are trying to achieve compliance with existing standards.  WE OPPOSE
THIS.
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.  WE SUPPORT IT.

WEDNESDAY
House Committee on Natural Resources and Agriculture at 9:00 a.m. in HHR4
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.  WHATEVER.
HB2643 water protection fund; surcharge (O'Halleran) 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.
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.  WE SUPPORT IT.

House Committee on Energy, Utilities and Technology at 9:00 a.m. in HHR5
HB2641 will have a striker on light pollution; government facilities
(Hatch-Miller), which will restrict outdoor lighting.

THURSDAY
Senate Natural Resources, Agriculture and Environment at 8:30 a.m. in
SHR1
HB2102 waste tire program: delay repeal (Huffman, Flake, Gullett, et al)
delays the repeal of the waste tire program until 2007.  This is a good
thing.  The program helps to deal with the growing numbers of old tires.
WE
SUPPORT THIS.
HB2107 native plant salvage in counties (Huffman, Hershberger, Gullett,
et
al) allows non-profit entities to collect native plants for salvage, but
only if the plants are threatened by development or some other removal. 
WE
SUPPORT IT.


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.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.


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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  • » [az-leader] AzLegislative Update #10