Legislative Tracking

Legislative Session 2010 Tracking

Here are some of the bills we have been tracking in this years legislative session. We saw many bills that were bad for the environment, but there were some good bills. Take a look at this legislation, and keep an eye out for our 2010 scorecard!

Bad Legislation

HB 2060 – Public Conservation Monies; Transfer
(Nichols) We have seen this bill in the past, and this year it was brought back. This bill would have appropriated $40 million from the Public Conservation Account to the General Fund. The Public Conservation Account is controlled by the State Parks Board and dedicated to land acquisition for conservation purposes. The money would have been diverted from this voter approved account to run our state parks and historical societies. Although these are obviously good purposes, the sweep would have taken away from the voter approved and protected purpose of the Public Conservation Account. Initiatives that voters approve cannot not be repealed or changed by the legislature without a super majority vote in each chamber due to the Voter Protection Act (or Prop. 105) of 1998. Because this act changes a voter-approved initiative, it required a 3/4 majority in each chamber.
Outcome - Defeated in House 36-23-1 (needed super majority to pass) April 28, 2010

HB 2133 – Air Quality Nonattainment Areas; Designation
(McGuire, Barnes, Cloves Campbell, et al) This is another bill we have seen before, and it has finally passed to the detriment of our already poor air quality. It allows construction activities, known to emit air pollutants, to begin before an air quality permit is issued. The Clean Air Act mandates that new major stationary sources of pollution, as well as major modifications to existing sources, must have air quality permits before construction begins. HB 2133 changes the definition of “begin actual construction” so that the construction project is basically fully underway, thus hindering the ability of the ADEQ to deny a permit.
Outcome – Passed Senate 28-0-2: April 26, 2010, Passed House 48-11-1: April 19, 2010, Signed into law by Governor: May 11, 2010

HB 2146 – Trust Lands; Loss of Lease
(Konopnicki) This bill requires an applicant for the lease of State Trust lands to pay for the appraisal of the lands prior to obtaining the lease, with the exception of the current lessee. Anyone that wants to apply for a lease must get a list and an appraisal of non-removable improvements (fences, water tanks, etc.). This adds more difficulty in obtaining the lease if you are a new lessee by adding more costs up front. This bill is bad news for public schools that use trust lands for educational purposes and can’t afford new costs.
Outcome – Passed Senate 19-10-1: April 12, 2010, Passed House 41-16-2: March 11, 2010, Signed into law by Governor: April 23, 2010

HB 2165 – Vehicle Emissions Testing; Onboard Diagnostics
(Nichols) This bill essentially weakens the vehicle emissions program. It requires a vehicle that does not pass an onboard diagnostic test, because it is not ready or gives a diagnostic trouble code, to return to the tailpipe emissions test line and pay a second fee to get a tailpipe emissions test. The vehicle getting tested would then have to come back after a year for another onboard diagnostics tests.
Outcome – Passed Senate 20-10: April 28, 2010, Passed House 39-20-1: April 28, 2010, Signed into law by Governor: May 7, 2010

HB 2246 – Regulation of Fireworks
(Biggs, Kavanagh, Murphy, et al) “Permissible consumer fireworks” may be sold in Arizona and used by the general public. “Permissible consumer fireworks” include ground and hand-held sparkling devices, cylindrical and cone fountains, illuminating torches, wheels, ground spinners, flitter sparklers, toy smoke devices, wire sparklers or dipped sticks, multiple tube fireworks devices and pyrotechnic articles. Devices that explode or detonate in the air may not be sold. Any penalty paid that results in the violation of this law will be directed to the Fire Suppression Revolving Fund for use of wildland fire suppression and resources. This bill was vetoed in the past citing “concern about not addressing the risk of fire in Arizona.”
Outcome – Passed Senate 21-7-2: April 20, 2010, Passed House 44-13-3: April 26, 2010, Signed into law by Governor: May 10, 2010

HB 2260 – Regulatory Rule Making
(Tobin) This bill makes changes to the rule making process in the legislature. It requires that agencies, such as the Arizona Department of Environmental Quality and the Department of Water Resources, use general permits instead of individual permits. General permits are less protective and do not always require public notice of any action. They have a tendency to be less protective of natural resources, and may delay implementation of programs that protect the environment.
Outcome – Passed Senate 18-12: April 28, 2010, Passed House 37-22-1: April 28, 2010, Signed into law by Governor: May 10, 2010

HB 2289 – Water Recharge; Direct Use
(Pratt, Barnes, McGuire) This bill allows storers of water to be able to store CAP (Central Arizona Project) water and gain long-term credit, and then they would be able to pump groundwater for direct use. It would make it so the groundwater used isn’t deducted from the credit gained from the stored irrigated water. This is an irresponsible bill that will only allow for overuse and misuse of our most precious resource. This bill is effective beginning Jan. 1, 2010, and ending Dec 31, 2024.
Outcome – Passed Senate 21-7-2: April 19, 2010, Passed House 39-20-1: March 3, 2010, Signed into law by Governor: April 23, 2010

HB 2290 – Waste Tires in Abandoned Mines
(Jones, Antenori, Barto, et al) This has been a recurring bill for the past few legislative sessions now. It proposes filling abandoned mines with used tires. Although this may seem like a good idea to some, it has some drawbacks. Tires are extremely flammable, and a tire fire in an abandoned mine could be a problem. They may also pollute the soil and water surrounding the area. Bats also use abandoned mines as habitat. Even though it didn’t make it through this session, we will probably see it again.
Outcome – Passed House 34-26: March 3, 2010, Held in Senate

HB 2337 – AZ Manufactured Incandescent Lightbulbs; Regulation
(Antenori, Biggs, Burges, et al) This bill is another way for the state to challenge federal regulations, but it is regressive in an environmental sense. HB2337 allows incandescent lightbulbs to be manufactured in sold in Arizona. The federal government is phasing out incandescent lightbulbs, so this measure would not be compliant with federal regulation under the authority of Congress under the Interstate Commerce clause. CFL bulbs use less power and last longer, so they are an obvious way to be more energy efficient. This bill is a symbol that progress in energy efficiency is not a priority in Arizona.
Outcome – Passed Senate 18-12: April 28, 2010, Passed House 33-27: March 3, 2010, Vetoed by Governor: May 11, 2010

HB 2442 – Environmental Regulation
(Burges, Antenori, Ash, et al) HB2442 makes it so state agencies need legislative authorization before they adopt or enforce any greenhouse emission regulation. This hinders the capacity of the Arizona Dept. of Environmental Quality by limiting their ability to create regulations that reduce emissions. This bill also has an intent section that says the legislature needs to authorize any cap and trade system. We don’t need further roadblocks toward addressing greenhouse emissions.
Outcome – Passed Senate 18-10-2: April 19, 2010, Passed House 35-23-1: February 16, 2010, Signed into law by Governor: April 26, 2010

HB 2451 – Line Extensions; Utility Infrastructure; Charges
(Antenori, Crump, Gowan et al) This bill prohibits a public service corporation from charging a customer for the first 1,000 ft. of a line if the cost is less than $10,000. Public service corporations may require customers to pay the actual cost of a line extension that is more than $10,000. This bill infringes on the constitutional rate-making authority of the Arizona Corporation Commission and would shift one of the costs of sprawl development from the developers back to the ratepayers.
Outcome – Defeated in House 26-28-6: April 1, 2010

HB 2464 – State Parks; Municipal Leasing
(McLain, Ash, Bradley, et al) This was a striker bill regarding Lake Havasu State Park. Lake Havasu SP is one of our most popular parks, and HB2464 would lease it to Lake Havasu City. This would be a significant hit to the State Parks' already battered budget. HB2464 would have swept $400,000 from the State Park budget that was already cut in half in December of 2009. If this bill would have passed, it probably would have meant more park closures.
Outcome – Passed House 49-5-6: March 24, 2010, Defeated in Senate 12-18: April 28, 2010

HB 2599 – State Parks Fund; Voluntary Contributions
(Kavanagh) This is a piece of bad legislation that was drafted to show that some, although minimal, effort and thought was put into generating money for state parks. This was a substitution for HCR2040 – Sustainable Parks Fund, which would have put a mandatory $9 fee on vehicle registrations in Arizona, and, in return, people with Arizona plates would get into all state parks for free. This bill would have put a checkbox on vehicle registrations for a voluntary $10 contribution to the parks fund. Even if an individual decided to contribute $10, they would not get free entry into state parks and this would not have generated a sustainable funding source for parks despite its misleading name. This bill substituted an unsustainable option for a sustainable solution. Our state parks should be mandatory, not optional.
Outcome – Passed House 42-11-7: April 1, 2010, Defeated in Senate 14-14-2: April 22, 2010

HB 2617 – Regulatory Reform: Mining; Water; Permits
(Jones, Antenori, Barto, et al) This bill will prohibit the Arizona Department of Environmental Quality (ADEQ) from regulating mines more strictly than federal mine regulations which are governed by the 1872 Mining Act. It will hinder future development of programs that regulate pollutants that get into our drinking water. It would also set up an advisory committee, comprised of industry professionals, to advise state agencies on how to implement environmental regulations on mining. This bill will supposedly simplify the permitting of new mines, but in reality it is one more blow to our already thinly stretched ADEQ.
Outcome – Passed Senate 16-12-2: April 22, 2010, Passed House 38-9-3: April 27, 2010, Signed into law by Governor: May 11, 2010

HCM 2014 – Nuclear Energy Plant; Development
(Nichols, Adams, Cloves Campbell, et al) This House Concurrent Memorial urges Congress and the president to pursue “a host” of initiatives and policies to “encourage construction of new nuclear plants and develop advanced nuclear technologies.” Arizona already has the largest nuclear power facility (Palo Verde) in the US. We need to focus on renewable energy sources like solar. Concurrent memorials are non-binding letters to the US congress and president, so this has no teeth.
Outcome – Passed Senate 23-7: April 27, 2010, Passed House 38-16-6: March 17, 2010, Transmitted to the Secretary of State

HCR 2008 – Constitutional Right; Hunting & Fishing
(Jerry Weiers, Crump, Gowan, Seel) Hunting and fishing are good ways to manage wildlife and should be a part of conservation as a whole, but they should be considered a privilege and not a right. This resolution would change the Arizona constitution by adding hunting and fishing as a basic right. Wildlife in Arizona belongs to all Arizonans who have differing ideals on how wildlife should be managed. Hunting and fishing is a recreational privilege and should not join constitutional rights such as freedom of speech. This resolution may be placed on the 2010 ballot.
Outcome – Passed Senate 18-9-3: April 22, 2010, Passed House 37-18-5: March 24, 2010, Transmitted to the Secretary of State

HCR 2039 – Temp Suspension; Voter-Protected Funding
(Kavanagh, Antenori, Biggs, et al) This would have referred to the ballot the question of whether to let the legislature appropriate not more than 50% of any fund revenue or balance that has been allocated for a specific purpose by any measure. The Voter Protection Act is supposed to protect the decisions that the voters make about funds such as the Land Conservation Fund, and this resolution was just another way for the legislators to ignore voters.
Outcome – Passed House 31-25-4: March 29, 2010, Held in Senate

HCR 2041 – Funding Ballot Measures; Reauthorization
(Stevens, Antenori, Ash, et al) This measure refers to the ballot the question of whether to reauthorize measures that require funding every eight years. This means that every eight years we would have vote on measures we have already voted on. This is a waste of time since the Legislature can already refer these measures with a super majority.
Outcome – Passed House 33-22-5: March 24, 2010, Defeated in Senate 14-11-5: April 29, 2010

SB 1445 – Groundwater Transportation; Big Chino Sub-Basin
(S. Pierce, Burns, Nelson) This bill is regarding the Salt River Project (SRP) and Prescott agreement on the Big Chino Sub-Basin and the upper Verde River. This bill would allow Prescott to take water from outside its Active Management Area from the Big Chino Sub-Basin. This is a bad bill because the upper portion of the Verde River relies heavily on the drainage from the Big Chino Sub-Basin. Our water is precious and Active Management Areas are there to offer some protection to abuse of our water.
Outcome – Passed Senate 20-9-1: April 7, 2010, Passed House 39-16-5: April 19, 2010, Signed into law by Governor: April 26, 2010

SB 1193 – Agricultural Best Management Practices; Enforcement
(S. Pierce) This bill pertains to dust control regulations and particulate matter. It switches enforcement of air quality standards from county government to the ADEQ. Local government and counties usually have more officers and means to enforce air quality standards, but this bill puts the burden on the already suffering ADEQ. This bill also states that regulation of particulate emissions is a matter of “statewide concern” which is another way for our state to try and dodge federal air quality regulations. This is another piece of the effort to make the ADEQ unable to do its’ job.
Outcome – Passed Senate 23-5-2: March 3, 2010, Passed House 36-21-3: April 20, 2010, Signed into law by Governor: April 28, 2010

SB 1200 – NOW: Game and Fish Commission; Selection BD
(Nelson) SB1200 establishes the Arizona Game and Fish Commission Appointment Recommendation Board which assists the Governor in the review and recommendation of appointees to the Arizona Game and Fish Commission. This bill further excludes the public’s role in wildlife management. It comprises an appointment board of only one member from the non-sportsmen public, while the other four members would be hunters and ranchers. The Game and Fish Commission should serve all Arizonans and not just the 9% who hunt and ranch. The recommendation board should be more diverse, allowing for a more diverse Game & Fish Commission.
Outcome – Passed Senate 16-7-7: March 18, 2010, Passed House 36-19-5: March 25, 2010, Signed into law by Governor: April 7, 2010

SB 1408 – Agricultural Best Management; Dust; Districts
(Melvin, Gowan, Pratt, et al) This bill expands agricultural best management practices (BMP’s) to include irrigation districts and unpaved access roads. BMP’s are usually weak and not enforced. So, although this bill makes it sound like it will increase air quality, it just spreads counties even more thinly.
Outcome – Passed Senate 19-9-2: March 8, 2010, Passed House 38-17-5: April 7, 2010, Signed into law by Governor: April 16, 2010

SB 1411 – Dairy Farms; Zoning; AG Use
(Nelson) This bill excludes pens, feeding lots and feeding areas from zoning regulations. Zoning is intended to delineate areas in a way that will avoid conflicts with residents. These agricultural areas reduce air and water quality in the vicinity surrounding them. By loosening the regulations, residents in the surrounding areas will be subject to reduced air and water quality.
Outcome – Passed Senate 22-7-1: March 22, 2010, Passed House 31-27-2: April 28, 2010, Signed into law by Governor: May 11, 2010

SCR 1009 – Publically Financed Elections; Prohibition
(Paton) This resolution would create a ballot measure to eliminate Clean Elections in the state. Clean Elections uses taxpayer money to fund candidates running for office. The argument for Clean Elections is that it levels the playing field by allowing candidates to run for office that couldn’t otherwise afford it themselves. This resolution would likely go the way of several other attempts to convince voters that they don’t like Clean Elections. Arizona voters approved and have re-approved Clean Elections with staggering majorities.
Outcome – Passed Senate 16-12-2: March 1, 2010, Held in House

SCR 1022 – Legislative Appropriation; Federal Monies
(Melvin) This resolution would have been on the 2010 general election ballot asking voters to grant our state legislators the authority to appropriate most of the federal money the state receives. This would have resulted in a loss of federal money and money not being directed to where it’s supposed to go or is needed most.
Outcome – Passed Senate 16-12-2: March 3, 2010, Held in House

SCR 1043 – Clean Elections; Funds to Education
(C. Gray) This resolution is tied to SCR1009 and would have been on the 2010 general election ballot asking voters to approve diverting Clean Elections funds, collected from revenue from surcharges on civil and criminal fees, to the Classroom Site Fund which is used for education purposes. If this passed, funds for Clean Elections would be eliminated.
Outcome – Passed Senate 18-11-1: March 22, 2010, Held in House

SCR 1046 – Jurisdiction Over Intrastate Waters
(C. Gray, S. Allen, Gould, et al) SCR1046 would refer to the ballot the question to amend the Arizona constitution to make it so the State of Arizona is the primary regulator of non-navigable intrastate waters. This measure would have made it so Arizona rivers would not have the strong protections of the Clean Water Act. The Clean Water Act has protected many of Arizona's waters since 1972, and this measure would make our most valuable resource less protected. 94% of Arizona's water would have lost this protection since they do not flow year round.
Outcome – Passed Senate 18-11-1: March 22, 2010, Held in House

SCR 1050 – Greenhouse Emissions; Legislative Authority
(S. Allen, Gould, C. Gray, et al) This measure would have been on the 2010 general election ballot carrying the question of whether to give the Legislature the authority to regulate human caused emissions of greenhouse gases and substances created by mechanical or chemical processes (including agricultural operations and waste operations). This was to be referred to as the "Freedom to Breathe Act" which is classic doublespeak. A more appropriate name for this bill would be the “Freedom to Pollute Act.”
Outcome – Passed Senate 18-11-1: March 22, 2010, Held in House

Good Legislation

HB 2130 – Lead Acid Batteries; Sale; Fee
(Reagan) This bill increases the fee that can be charged on lead acid batteries from $5 to $15. This fee supports the recycling of lead acid batteries and is refunded whenever the used battery is returned. Although bill doesn’t make a big change, it does promote recycling batteries whose contaminates could otherwise end up in the ground.
Outcome – Passed Senate 20-9-1: April 12, 2010, Passed House 58-0-1: February 16, 2010, Signed into law by Governor: April 14, 2010

HB 2144 – Wildlife; Guides; Wasted Meat
(Konopnicki) This bill places penalties on people who hunt and fish if they waste the meat that they obtain. It also places penalties, including license revocation, on people hunting or fishing in areas that are closed to those activities. This would have been a small victory for responsible hunting and fishing, but it unfortunately died in the Senate this session as it did last year.
Outcome – Passed House 55-2-3: February 17, 2010, Held in Senate

HB 2209 – Public Meetings; Notices
(Reagan, Tobin) This bill directs public bodies to post all public meeting notices on their website and give additional public notice to all meetings. The notice must be conspicuously posted on the public bodies’ website instead of filed with the Secretary of State. This bill makes it easier for the public to get involved which leads to a more informed public.
Outcome – Passed Senate 29-0-1: April 12, 2010, Passed House 58-0-2: March 22, 2010, Signed into law by Governor: April 19, 2010

HB 2211 – Political Subdivisions; Volunteers; Noxious Weed
(Reagan, Cajero Bedford, Konopnicki) This bill makes it so volunteers who apply herbicides to eradicate and control noxious weeds are exempt from licensure by the Structural Pest Control Commission if they complete an approved herbicide application training program. It will be easier for volunteers to control invasive species such as buffelgrass that are threatening our native species. Although the use of herbicide isn’t a solution that everyone agrees on, most can agree that invasive species need to be controlled in order to preserve our delicate ecosystems in Arizona.
Outcome – Passed Senate 28-1-1: April 7, 2010, Passed House 57-0-3: February 22, 2010, Signed into law by Governor: April 16, 2010

HB 2502 – Taxation of Solar Energy Property
(Murphy) This bill defines “solar energy real property” for tax valuation purposes. The tax rate for solar energy property would have been determined the same way agricultural property is determined. This bill would have recognized solar energy property as commercially valuable property, which is good incentive for using solar. By lowering the taxes for solar, industries would have had more incentive to come to Arizona. Unfortunately this bill was vetoed by Jan Brewer, whose position on taxes seems to be somewhat confusing.
Outcome – Passed Senate 18-12: April 7, 2010, Passed House 44-11-4: March 4, 2010, Vetoed by Governor: May 11, 2010

HB 2574 – Renewable Energy Districts
(Mason, Boone, Chap Campbell, et al) This bill expands county and municipal improvement districts that may be formed to include "renewable energy districts." Renewable energy districts utilize various renewable and efficient energy equipment and water conservation units. The district could receive funds to install and maintain improvements related to energy efficiency, renewable energy, water conservation and water management. This bill recognizes renewable energy as a smart investment with potential to fuel sustainable growth in Arizona.
Outcome – Passed House 47-13: March 3, 2010, Held in Senate

HB 2700 – Solar Energy Tax Incentives; Extension
(Boone) This bill extends the income tax credit for commercial and industrial applications of solar energy devices to the tax year ending Dec. 31, 2016 (which is a 6 year extension). The tax credit is equal to 10% of the installation cost of the device, which can’t exceed $25,000 for the same building in the same year and can’t exceed $50,000 for the taxpayer in a year. Unused credit may be carried forward for up to five years.
Outcome – Passed Senate 16-14: April 27, 2010, Passed House 44-13-2: March 8, 2010, Signed into law by Governor: May 10, 2010

SB 1196 – Illegal Dumping; Penalties
(Allen, McGuire, Aguirre, et al) This bill would have penalized people who think our desert is a wasteland that can be trashed, but it got held in the House this session. It makes dumping trash on public or private property subject to a minimum fine of $1,800 that cannot be waived or suspended. Also, discharging sewage, oil products or other harmful substances into waters or shorelines is punishable by a fine of $2,500 that cannot be waived or suspended. The fines would be deposited in the general fund, and at least 50% of them would have to be used on cleanup of illegal dumping.
Outcome – Passed Senate 25-1-4: April 1, 2010, Held in House

SB 1201 – Renewable Energy Tax Incentive Revisions
(Leff) This bill makes various changes to statutes establishing tax credits on both income and property taxes for corporations and individuals. One change is requiring a post-approval process and shortening the time that the operation must continue in business to 5 years from 10 years. The maximum annual amount of the tax income tax credits allowed is reduced from $70,000,000 to $69,700,000, and that $300,000 reduction is appropriated from the General Fund to the Dept. of Commerce each fiscal year through FY2015 to pay personnel costs to administer the program. This bill basically incorporates a 4% administration fee.
Outcome – Passed Senate 24-5-1: February 22, 2010, Passed House 47-11-2: April 28, 2010, Signed into law by Governor: May 10, 2010

SB 1254 – Tax Credit; Renewable Energy
(Leff) This bill establishes a tax credit for individuals and corporations that produce renewable energy. The amount of the credit is adjusted according to the amount of kilowatt hours produced. Also, statutes pertaining to the tax credit for research and development expenses are amended to allow a taxpayer with fewer than 150 full-time employees to apply for a tax refund rather than carry the credit forward to future tax years. This bill joins the many good bills that provide incentive to people who invest in and use renewable energy in Arizona.
Outcome – Passed Senate 19-8-3: April 29, 2010, Passed House 45-11-4: April 29, 2010, Signed into law by Governor: May 11, 2010

SB 1359 – Water Resources Dept; Fund
(Pierce, Antenori, Ash, et al) This bill establishes a Water Resources Fund where revenue from various fees charges by the Department of Water Resources is deposited. Supposedly, this fund cannot be appropriated or transferred by the legislature in the future, but judging by the transfers and appropriations of funds this legislative session we cannot be expected to believe that the Water Resources Fund would be safe. Allowable uses are also expanded to the Dam Repair Fund. This bill is good for water conservation and water resource management.
Outcome – Passed Senate 25-1-4: April 29, 2010, Passed House 58-0-2: April 29, 2010, Signed into law by Governor: May 7, 2010

SB 1410 – Trust Land Exchanges; Military Preservation
(Nelson) This bill makes it so state trust land can no longer be exchanged for private land, and can only be exchanged with the federal agencies. It also expands the list of purposes for which state land may be exchanged to include preserving and protecting “military facilities.” It is now also required that hearings must be held at the state capital as well as near where the land is actually being exchanged. Each exchange must also be approved by voters. This bill is conditionally enacted only if Arizona voters amend the Arizona Constitution at the 2010 general election to authorize exchanges or state trust land for other public lands.
Outcome – Passed Senate 29-0-1: March 22, 2010, Passed House 60-0: April 21, 2010, Signed into law by Governor: May 3, 2010

SCR 1047 – State Lands; Exchanges
(Nelson) The 2010 general election ballot may carry the question of whether to amend the state Constitution to permit the state to exchange trust land for other public land of equal or greater value for land management reasons or to assist in the preservation and protection of military installations in the state. Also, state trust land cannot be exchanged for private land. All exchanges are required to have two appraisals, an analysis, full disclosure of land to be exchanged, and two public hearings. If transmitted to ballot and passed, this measure would ensure accountability and transparency for state trust land exchanges. This resolution relates to SB1410, which can only be enacted with voter approval.
Outcome – Passed Senate 29-0-1: March 22, 2010, Passed House 60-0: April 21, 2010, Transmitted to the Secretary of State

The Arizona League of Conservation Voters is a 501(c)4 organization. Contributions to the Arizona League of Conservation Voters are not tax deductible.