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Legislative Updates 2008Sierra Club 2008 Legislative Update #20 “Like a welcome summer rain, humor may suddenly cleanse and cool the earth, the air and you.” — Langston Hughes May 23, 2008 Hi all! You will be glad to know that the Arizona House of Representatives took a five day week-end for Memorial Day. Apparently they were just tuckered out after working small portions of three days for the past three weeks. There was still time to pass a few truly ridiculous bills, however, including SB1264. SB1264 NOW: public rights-of-way; claims (Johnson) asserts and claims on behalf of the state and its political subdivisions, rights-of-way across public lands acquired after the effective date of Revised Statute 2477 (passed in 1866). SB1264 is likely to just create confusion rather than open up any roads as its proponents would like to do, but it is a bad message, and could slow down efforts to protect our public lands from irresponsible off-road vehicle use. SB1264 could also affect private property rights as seen in a Colorado case involving these types of rights-of-way. It is unclear whether or not the provisions in this bill would affect some of our military bases as well, which is why the Marine base in Yuma opposed the bill as well. Please ask Governor Napolitano to veto the bill as it will at best muddy the water and at worst contribute to more destruction of important wildlife habitat on state and federal public lands. You can reach her at azgov@az.gov or click on Governor and type in your message. Call 602-542-4331 or outside the Phoenix area 1-800-253-0883. You can also contact the governor via mail at: The Honorable Janet Napolitano, Governor of Arizona, 1700 West Washington, 9th Floor, Phoenix, Arizona 85007 or by fax at 602-542-1381. HB2766 omnibus energy act of 2008 (Mason, Ch Campbell, McClure, et al.) was held in the Republican Caucus this week after a feeding frenzy on the bill was initiated by certain members. Please encourage senators to support the bill and to keep it clean. They should not amend on the provisions of HB2017; the bill the governor vetoed which limited actions to reduce greenhouse gas emissions. HB2766 promotes energy efficiency and clean renewable energy in Arizona. It requires school districts to reduce their energy consumption by 10% by July 1, 2011, 15% by July 1, 2015 and 20% by July 1, 2020; and it requires that school districts, universities, community colleges, and state agencies purchase 10 percent of their energy from renewable and nonpolluting energy sources. The bill gives schools flexibility to use the dollars they save on utilities to pay for capital investments that would help save energy. SUPPORT. HB2156 NOW: railroad projects; review (Paton, Pancrazi) is on the Senate Committee of the Whole calendar for Tuesday. Please ask senators to support this bill as well. It requires railroads that are considering potential sites for a major rail project to notify the Arizona Department of Transportation (ADOT). The railroad has to provide ADOT with the various alternatives for sites and routes and an assessment on the potential impacts to air quality, water resources, areas of historical or geographic significance, and the economic effects on the surrounding communities. SUPPORT. Finally, ask senators to oppose HB 2666 aggregate mine reclamation law; exemption (Biggs). It exempts sand and gravel pits which are intermittently used for specific governmental projects from aggregate mine regulatory and reclamation mandates. It is difficult to see why the bill is necessary or why someone doing government projects should get special consideration – one of the things that feeds into people’s cynicism is government failing to follow its own laws. There is already a provision in the current law which allows the mine inspector to grant three subsequent five year extensions before any reclamation has to begin, so someone can delay fixing a problem for 15 years. See A.R.S. 27-1226. This additional exemption is unnecessary and provides just another loophole for avoiding reclamation and cleaning up a mess. There are already plenty of opportunities for delays and exemptions in our mining laws, we should not add another. OPPOSE. To find your senator’s contact information just click on Senators or paste http://www.azleg.gov/MemberRoster.asp?Body=S into your browser or you can call (602) 926-3559 or outside the Phoenix area 1-800-352-8404 and just ask for your senator’s office. Here is an update on a few other bills we are following: SB1167 NOW: user fee; off-highway vehicles (L. Gray) is still stuck in the Republican Caucus, but we hear it might move this coming week. It continues to languish as senators consider dealing with the promised filibuster by Senator Gould. It provides funding for law enforcement and mitigation and restoration of areas damaged by off-road vehicles, plus limitations on where new trails can be built with the grant dollars. It is a step in the right direction to help better protect important public and private lands from irresponsible off-road vehicle activities. SUPPORT. HCR2044 voter-protection; temporary budgetary suspension (Pearce, Barnes, Biggs, et al) is still on hold. It refers to the ballot a proposed constitutional amendment that would allow the legislature to reduce appropriations for measures approved by the voters in any year where there was a projected budget deficit of at least one percent. This would eviscerate the Voter Protection Act. OPPOSE. HB2221 county subdivisions; notification (Paton) had a strike everything on Green Building and still awaits action by the Rules Committee. It limits the ability of cities and towns to implement green building programs. OPPOSE. HB2333 county powers; outdoor fires (Mason) had a strike everything on renewable energy; generation; manufacturing; classification in Natural Resources and Rural Affairs. It is assigned to two other committees, so will die unless it is withdrawn. It lowers the property tax assessment ration for property using renewable energy and the manufacturing of renewable energy equipment. SUPPORT. HB2614 renewable energy valuation; expiration extension (Mason, Miranda, O’Halleran, et al) extends the date for the property tax incentive for the valuation of renewable energy equipment from 2011 to 2040. This is still stuck in Rules. There is some discussion about adding tax credits to the bill. That is unlikely to advance in the current climate at the legislature and given the fiscal challenges we face. SUPPORT. HB2615 NOW: solar construction permits (Mason, Ableser, Reagan) passed in the House on a Final Read 50-6-4. (Hooray!) It specifies that counties and municipalities adopt standards for issuing permits for the use of solar photovoltaic systems and creates the Local Government Solar Equipment Permit Process Improvement Study Committee. SUPPORT. HB2772 NOW: groundwater transfers; Coconino plateau (Mason) was signed by the Governor. It allows the Town of Williams to transfer water from one basin to another – from the Verde Valley Sub-basin to the Coconino Plateau Basin, thus codifying a mistake into law and granting a special exception to the groundwater code. This bill ratifies a mistake and sets a bad precedent. Every time someone drills a well in the wrong location, will they be able to expect special legislation? In an age when we have much better mapping, GPS coordinates, and all kinds of ways to verify locations, this should not be happening. It also could put at risk springs and streams in the area. OPPOSE. Thank you for taking action on these important issues! For more information on bills we are tracking, click on Legislative Tracker. To email legislators click on Arizona Legislature. 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 |