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 ________________________________________________________________ GET INTERNET ACCESS FROM JUNO! Juno offers FREE or PREMIUM Internet access for less! Join Juno today! For your FREE software, visit: http://dl.www.juno.com/get/web/. You are subscribed to AZ-LEADER. To post to this mailing list, simply send email to az-leader@xxxxxxxxxxxxxx To unsubscribe, send email to az-leader-request@xxxxxxxxxxxxx with 'unsubscribe' in the Subject field.