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Arizona League of Conservation Voters

SCORE CARD 2 0 0 1

w w w. a z l c v. o rg Arizona Conser vation Voter Vo l u m e 1 0 , N u m b e r 1

Spring 2001


FROM

THE DIRECTOR Dear Arizona Conservation Voter, Why do we do a Scorecard? Our state legislators make decisions that affect our children and future generations, that affect wildlife and wild places, that affect the air we breathe and the water we drink and the conditions under which we work and live. This legislative session was most remarkable in what did not happen. Representative Steve May led an effort to repeal the Clean Elections Act and deplete the Clean Election Fund, but the will of the voters prevailed. Our air will not be much cleaner—in fact, title V facilities (the big ones) will be able to pollute our air for an additional year. Our water will not be cleaner, nor will there be funds to repair or restore our riparian areas. The Governor used her line item veto to eliminate funding for the Arizona Water Protection Fund, and the one water bill that did pass, HB2426, does little to protect Arizona’s surface waters. Legislators did little to curb sprawl and manage growth. Even Senator Andy Nichols’ Growth Management Task Force died in the House. However, the Governor’s Office and state land management and natural resource agencies will not have veto power over the ability of cities, towns and counties to develop and implement conservation plans to comply with federal law. Governor Hull’s office, the Game and Fish Department and the state Land Department pushed for amendments on HB2362 and HB2524, which would have undercut local conservation efforts including the Sonoran Desert Conservation Plan and Scottsdale’s McDowell Sonoran Preserve. Thanks to an all-out effort from the conservation community and hundreds of calls from you conservation voters, Senator Herb Guenther withdrew the amendments. Finally, the Legislature voted to not limit confidentiality agreements in settlements when the action was for injury, wrongful death, or financial loss caused by a defective product or environmental hazard. Need I say Firestone tires? Also, the Governor vetoed legislation that would have required the Arizona Emergency Response Commission to allow electronic reporting of certain hazardous chemicals required under the Emergency Right-to-Know law. This would have been a small step forward in providing safer conditions for workers, firefighters and the communities near these sites. Thank you for all the phone calls you made and the support you have given this organization. It is my pleasure to work on your behalf to help make your conservation votes count. Sincerely yours,

Stephanie C. Sklar Executive Director

Arizona League of Conservation Voters PO Box 40154 Tucson, AZ 85717 Phone: (520) 622-2819 Fax: (520) 624-2577 azlcv@earthlink.net


ACTIONS

USED FOR SCORING

PUBLIC REPORTING OF HAZARDOUS CHEMICALS House Bill 2144 This measure allows a person buying real property to get information from the Arizona Structural Pest Control Commission regarding the dates, types and volumes of pesticides sprayed for termites on the property over the previous three years. It also requires the commission to prepare guidelines for integrated pest management, in an effort to keep synthetic chemical use to a minimum. As introduced, the bill would have required sellers to disclose this information to all potential buyers. It was weakened with amendments. A growing number of people in our chemical-soaked society are chemically sensitive and it is important for them, especially, to know what pesticides were used, and when, on a home or business in which they will live or work. The bill cleared both chambers and Republican Gov. Jane Hull signed it.

authority to regulate toxic and hazardous discharges to surface waters in Arizona under the federal Clean Water Act. It cleared the Legislature and Gov. Hull signed it into law, but environmental groups will oppose any U.S. Environmental Protection Agency efforts to turn the pollutant discharge program over to the state under its terms. The measure forbids the state from adopting rules more stringent than those of the EPA, regardless of unique local conditions. It defines “upset” conditions of a discharger and lets dischargers use such a claim as a legal defense against state law-enforcement efforts. It bars the state from charging fees to issue, modify, suspend or revoke discharge permits. The law orders courts to consider “the economic impact of (a) penalty on the violator” of the law. It lets dischargers ignore permit conditions they challenge in court during legal proceedings that can stretch into years. It sets no standards or requirements for the state to consider endangered or threatened species in issuing discharge permits or enforcing permit terms.

House Bill 2431 It would have let companies storing or using hazardous chemicals file electronically the reports of those chemicals and their on-site volumes that are required under federal and state laws, primarily the U.S. Emergency Planning and Community Right-to-Know Act. This was expected not only to improve reporting and make the data more readily available to the public, but to significantly reduce the risk to emergency workers and the public in the event of an accident. The bill appropriated $568,000 over two years to implement the program. It set fines of up to $1,000 a day, up to $5,000 total, for companies’ failure to report as required. It passed both legislative chambers, but Gov. Hull vetoed it.

WATER PROTECTION AND CLEANUP House Bill 2426 The Arizona Department of Environmental Quality promoted this measure, designed to give the department

AIR PROTECTION AND CLEANUP House Bill 2538 This bill expands the metropolitan Phoenix area in which vehicle emissions testing, air pollution monitoring and Clean Air Act compliance are required. It provides $3 million over two years for a voluntary vehicle repair and retrofit program, which will help motorists whose vehicles fail emissions tests get them repaired. It gives the state Environmental Quality department $400,000 for a roadside diesel testing program of visibly smoky vehicles in the Phoenix and Tucson areas. The department gets $750,000 to create a visibility index, $3 million for alternative fuel stations (primarily natural gas) and $13 million to help convert diesel-burning engines to cleaner-burning fuels. On the downside, it appropriates $600,000 for a program in which polluting industries can trade hazardous emissions credits without requiring overall pollutant reductions, without means to verify trades’ equality or accuracy, and without

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means to fine or otherwise penalize cheaters. This won legislative approval and the governor’s signature.

Senate Bill 1455 When state and county environmental agencies found a power plant or other industrial facility emitting pollutants to the air at concentrations in excess of applicable standards, they were to issue the violators orders of abatement with which the polluter had one year to reach compliance. Now violators have two years to keep polluting after they are cited. The state’s two largest utilities, Arizona Public Service Co. and Salt River Project, lobbied for this bill. Gov. Hull signed the bill into law.

GROWTH MANAGEMENT AND LAND USES House Bill 2556 This measure was different in the House of Representatives (see below) than it was in the Senate after a strike-all amendment. In the Senate it called for creation of a 15member Growth Management Task Force that included environmentalists. It was to conduct public hearings and studies on growth management issues as they relate to Arizona and its cities, towns and counties. The late Sen. Andy Nichols of Tucson added an environmentalists-sought amendment stating one task force member must represent affordable housing interests and one must represent education interests. It passed in the Senate, 17-13, but died without House action.

Senate Concurrent Resolution 1004 The bill refers to state voters, again, a program in which the state could trade its lands for other lands. Arizona voters four times already have rejected similar "land-swap" proposals, every time by a large margin. Under this plan state land could be swapped for federal land if it is determined to be in the best interest of the state land trust for public schools, and the swap’s purpose is for open-space preservation. While direct swaps for private land are not allowed, the federal government has no such restriction and could act as a conduit for private-land swaps for state land. The proposal lacks

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specifics needed even to ensure all land going to the state is preserved; under it, the state could trade for a thousand acres and preserve two while selling 998 acres for development. This will be on the November 2002 statewide ballot (Gov. Hull has no signature or veto power over referenda).

Senate Bill 1389 This bill was to set up a 13-member Arizona Agricultural Heritage Commission that would solicit gifts, grants and donations for a fund it would control. The commission, whose members would have been appointees of the governor, Senate president and House speaker, would have allotted fund money to non-profit organizations or to cities, towns or counties. The recipients could have used the fund money to pay ranchers and farmers for those business operators’ “development rights.” In other words, ranchers and farmers could continue to ranch and farm without restriction, but would be paid to give up their rights, for at least 25 years, to sell their land for development in housing, or commercial or industrial enterprises. Both the Senate and House approved this bill, but Gov. Hull vetoed it.

INFORMATION FOR PUBLIC PROTECTION Senate Bill 1530 This bi-partisan measure would have limited the ability of judges and attorneys to keep personal injury, wrongful death and financial loss lawsuit settlements confidential in cases where the damages were the result of defective products or environmental hazards. The most notorious recent example of the abuse this bill was trying to end was the defective Firestone tires case. The company knew about the tire defects as early as 1996 and settled several lawsuits over the issue with confidentiality agreements. No one knows how many more people died or were injured as a result of defective Firestone tires before information about the problem’s existence was leaked into the public domain in 2000. The bill went to a vote in the Senate, which has 15 Democrats and 15 Republicans, and appeared to be deadlocked on the Senate floor at 15-15. Sen. Pete Rios, D-Hayden, switched his vote to “no,” to have the right to call it back for reconsideration—an effort which failed. Republicans Scott

Arizona League of Conservation Voters Score Card 2001


Bundgaard of Glendale, John Verkamp of Flagstaff, Timothy Bee of Tucson and Susan Gerard of Phoenix voted for the bill, but they were offset by Democrats Jay Blanchard of Gilbert, Jack Brown of St. Johns, Herb Guenther of Tacna and Ruth Solomon of Tucson. TU

NA

SIG

CITIZENS’ INITIATIVE POWERS

House Bill 2420 This bill would have made it harder for citizens to get initiatives on city, town and county ballots in Arizona. Since statehood, initiative measures must get petitions with their language signed by a number of registered voters equal to 10 percent of those voting in the last general election. This bill would have required the minimum number of petition signatures for city, town and county initiatives to equal 10 percent of registered voters, a much higher number. It passed the Senate and House, but Gov. Hull vetoed it.

House Bill 2556 The House passed this measure in its original form, which would have set up several barriers making it more difficult for citizens to get statewide initiative measures on the ballot. It would have required initiative proponents to wait until the Secretary of State prepared an official title for each initiative, which would have had to be on each petition, before signatures could be gathered. If more than one-third of petition signatures were found invalid in any county, the officials of citizen organizations promoting initiatives would be liable for the costs of examining the signatures. The Legislative Council, made up solely of legislators, could have reviewed each proposed initiative and made changes it believed would clarify language and avoid conflicts with existing laws. Initiative proponents in 2000 went to court over grossly negative Legislative Council summaries of their measures for election publicity pamphlets, in one case written by initiative foes. The House language was struck in its entirety in the Senate, which inserted language for a Growth Management Task Force. The House got its revenge by killing the Senate version.

Senate Bill 1330 This bill was crafted to end the Legislative Council abuses of initiatives cited above, and to level the politics involved in ballot summaries of initiatives. The Secretary of State now summarizes initiatives for ballots. The bill would have created a Citizen Ballot Measures Committee to write initiative summaries for publicity pamphlets and ballots. The House and Senate majority-party leaders and House and Senate minority-party leaders each would name two members to this committee. Lobbyists and political-committee members would not be eligible for appointment. This measure passed the Senate 17-13, but House Judiciary Committee Chair Roberta Voss, R-Phoenix, killed it.

WILDLIFE PROTECTION

Rancher Sue Chilton Approved for Game and Fish Commission Gov. Hull nominated Sue Chilton, a partner in Chilton Ranch and Cattle Co. near Arivaca, to fill a vacancy on the Arizona Game and Fish Commission. Environmentalists were outraged and strove for Senate rejection of the appointment. Chilton for years has been an outspoken critic of livestock grazing restrictions and other government rules and rulings aimed at wildlife protection. Most of her ranch’s 27,000-acre Montana grazing allotment is public land in the Coronado National Forest. The U.S. Forest Service reviews the allotment’s status every few years in a public process that includes seeking advice from the Game and Fish Department that the commission oversees. Twice just in 2000, Chilton and her husband sent letters to the commission trying to influence its recommendations to the Forest Service with regard to her grazing allotment. She clearly has a significant financial conflict of interest in serving on the commission. She also does not have the expertise in wildlife and its conservation needs that is legally required to be qualified for a commission seat. The Senate confirmed Gov. Hull’s appointment of Chilton.

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HOUSE VOTING NAME

Allen Anderson Avelar Binder Blendu Brimhall Brotherton Burton Cahill Camarot Cannell Cardamone Carpenter Carruthers Chase Cheuvront Clark Cooley Farnsworth Flake Foster Giffords Gleason Graf Gray Gullett Hanson Hatch–Miller Hershberger Huffman Huppenthal Jarrett Johnson

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TALLY

HB2144 HB2420 HB2426 HB2431 HB2538 HB2556 SB1389 SB1455 SCR1004

+ nv + nv + – + + + + + nv + + nv + – – – – + + – nv + + + + + – – –

+ – + – – – – + – – + – – – – – – – – + + – – – – – – – – – – –

– – + nv – – + + + – + – – – + – – – – + + – – – – – – + – – – –

+ + + nv + – + + + + + + + + + nv + – – + + + – – + + + + + + – –

– + + nv – – – + – nv + + + + + + + – + + + – – – + + + + + + + –

– – + nv – – + + – + nv – – nv + + + – nv – + – – – – – – – – – – –

Arizona League of Conservation Voters Score Card 2001

+ + + nv + + + + + + + + + + + + + + + + + + nv + + + + + + nv + +

– – – – – – + + + – + + – – + + – – – + + – – – – – – – – – – –

– – – nv – – – + – – + – – – + – – – – + + – – – + – + – – – – –


House Tally, cont.

NAME

Knaperek Kraft Landrum Laughter Leff Lopez Loredo Lugo Maiorana Marsh May McClure Miranda Nelson Norris O’Halleran Pearce Pickens Poelstra Robson Sedillo Soltero Somers Tom Tully Voss Weason Weiers

HB2144 HB2420 HB2426 HB2431 HB2538 HB2556 SB1389 SB1455 SCR1004

nv + + – + + + – – – + + + nv + + – + – – + + + + – – + nv

– – + – – + + – – – – – + – nv – – + – – + + – – – – + –

+ – + – – + + – – – – – – – + – – – – – + – – + – – + –

+ + + nv + + + + + + nv + + + + + – + + nv + + + + + + + –

+ + + – – + + + + + nv + + + + + – + + nv + + + + – + + +

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– – + + – + + + + – – – + – + – – + – – nv + – + nv – + –

+ + + + + – + + + + + + nv + + + + + nv + + + + + – – + +

– – – nv – + + – – – – – – – + – – + – – – – – + – + + –

– – + – – – nv – nv – – – + – + – – – – – + – – – – – + –

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SENATE VOTING NAME

Aguirre Arzberger Bee Bennett Blanchard Bowers Brown Bundgaard Burns Cirillo Cummisky Daniels Gerard Gnant Guenther Hamilton Hartley Hellon Jackson Lopez Martin Mitchell Nichols Petersen Richardson Rios Smith Solomon Valadez Verkamp Yrun

TALLY

HB2144 HB2420 HB2426 HB2431 HB2538 HB2556 SB1330 SB1389

+ + + + + + + + + + + nv + + + + + – + + + + nv + + + + + + + +

– – – – + – – + + – + nv – – – – + – – + – – nv – + + – + + + –

– – – – – – – – – – + nv + – – – + – – + – + nv – + + – – + + –

+ + – – + – + – – + + – nv – + + + + + + + + nv + + + + + + + +

+ + – + – + + + + + + nv + + + + + – + + + + nv + + + – + + – +

+ + – – + – + – – – + – + – + – + – + + – + + – + + – + + + nv

+ + – – + – + – – – + – – + + – + – + + – + + – + + – + + + nv

+ + + + + + + + + + + + + + + nv + + + nv + + nv + + + + + + + +

*Pete Rios voted against an LCV-supported bill only so he could bring it back for reconsideration, which failed. 8

Arizona League of Conservation Voters Score Card 2001

SB1455

– – – – + – – – – – + nv – – – – + – + + – + nv – + + – – + – nv


Senate Tally, cont.

SB1530 SCR1004 Chilton

Aguirre Arzberger Bee Bennett Blanchard Bowers Brown Bundgaard Burns Cirillo Cummisky Daniels Gerard Gnant Guenther Hamilton Hartley Hellon Jackson Lopez Martin Mitchell Nichols Petersen Richardson Rios Smith Solomon Valadez Verkamp Yrun

+ + + – – – – + – – + – + – – – + – + + – + + – + –* – – + + nv

– – – – – – – – – – + nv – – – – + – – + – + nv – + + – – + + nv

IN

– – – – – – – – – – + – nv – – – + – – – – + + – + + – + + + nv

M

EMORIUM

A TRIBUTE TO ANDY NICHOLS he environment and conservationists lost one of their best legislative friends near the end of the 2001 session when Sen. Andy Nichols died suddenly of a heart attack at his desk in the Senate on April 19. He was 64. Andy, a Tucson Democrat and a medical doctor, was best known for his work on health care issues—particularly adding tens of thousands of Arizona’s working poor to the Arizona Health Care Cost Containment System. He used the initiative process, twice, to succeed. But Andy also was a strong defender of the environment. He always scored near the top on annual Arizona League of Conservation Voters scorecards and had a 100 percent voting record on 2001 League bills and issues when his untimely death took him from us. We have lost a man of wisdom, integrity and great compassion.

T

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HOUSE RANKINGS TOP Meg Burton Cahill, D-27 (Tempe): 100% Carmine Cardamone, D-11 (Tucson): 100% Gabrielle Giffords, D-13 (Tucson): 100% John Loredo, D-22 (Phoenix): 100% Debora Lynn Norris, D-11 (Sells): 100% Christine Weason, D-25 (Phoenix): 100% Leah Landrum, D-23 (Phoenix): 89% Kenneth Cheuvront, D-25 (Phoenix): 87.5% James Sedillo, D-2 (Flagstaff): 87.5% Carlos Avelar, D-23 (Phoenix): 78% Kathi Foster, D-20 (Phoenix): 78% Linda Lopez, D-10 (Tucson): 78% Marion Pickens, D-14 (Tucson): 78% Albert Tom, D-3 (Chambers): 78% Richard Miranda, D-22 (Phoenix): 75% Bill Brotherton, D-20 (Phoenix): 67% Victor Soltero, D-10 (South Tucson): 67% Mark Clark, D-7 (Mammoth): 62.5% Carolyn Allen, R-28 (Scottsdale): 55.5% Henry Camarot, D-1 (Prescott): 55.5% Deb Gullett, R-18 (Phoenix): 55.5% Jeff Hatch-Miller, R-26 (Phoenix): 55.5% Peter Hershberger, R-12 (Tucson): 55.5% Robert Cannell, D-5 (Yuma): 50% Ted Carpenter, R-19 (Phoenix): 50% Cheryl Chase, D-7 (Kearny): 50% Laura Knaperek, R-27 (Tempe): 50% Mark Maiorana, D-8 (Patagonia): 50%

BOTTOM James Carruthers, R-5 (Yuma): 44% Steve Huffman, R-12 (Tucson): 44% James Kraft, R-18 (Phoenix): 44% Bobby Lugo, D-8 (Bisbee): 44% Marian McClure, R-9 (Tucson): 44% Tom O’Halleran, R-2 (Sedona): 44% Carol Somers, R-13 (Tucson): 44% Mark Anderson, R-29 (Mesa): 37.5% Dean Cooley, R-21 (Mesa): 37.5% Philip Hanson, R-17 (Peoria): 37.5% John Nelson, R-17 (Glendale): 37.5% Robert Blendu, R-15 (Litchfield Park): 33% Lowell Gleason, R-15 (Sun City West): 33% Barbara Leff, R-24 (Paradise Valley): 33% Wes Marsh, R-28 (Scottsdale): 33% Roberta Voss, R-19 (Glendale): 33% Sylvia Laughter, D-3 (Kayenta): 28.5% Steve May, R-26 (Phoenix): 28.5% Jake Flake, R-4 (Snowflake): 25% John Huppenthal, R-6 (Chandler): 25% Edward Poelstra, R-14 (Tucson): 25% Jim Weiers, R-16 (Phoenix): 25% Marilyn Jarrett, R-21 (Mesa): 22% Robert Robson, R-6 (Chandler): 14% Linda Gray, R-16 (Phoenix): 12.5% Steve Tully, R-24 (Phoenix): 12.5% Debra Brimhall, R-4 (Pinedale): 11% Eddie Farnsworth, R-30 (Gilbert): 11% Karen Johnson, R-30 (Mesa): 11% Russell Pearce, R-29 (Mesa): 11% Linda Binder, R-1 (Havasu City): 0% Randy Graf, R-9 (Green Valley): 0%

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Arizona League of Conservation Voters Score Card 2001


SENATE RANKINGS TOP Chris Cummisky, D-25 (Phoenix): 100% Mary Hartley, D-20 (Phoenix): 100% Andy Nichols, D-13 (Tucson): 100%* Elaine Richardson, D-11 (Tucson): 100% Pete Rios, D-7 (Hayden): 100%** Ramon Valadez, D-10 (Tucson): 100% Harry Mitchell, D-27 (Tempe): 92% Joe Eddie Lopez, D-22 (Phoenix): 91% John Verkamp, R-2 (Flagstaff): 83% Jack Jackson, D-3 (Window Rock): 67% Ruth Solomon, D-14 (Tucson): 67% Virginia Yrun, D-13 (Tucson): 67%*** Susan Gerard, R-18 (Phoenix): 60% Linda Aguirre, D-23 (Phoenix): 58% Marsha Arzberger, D-8 (Willcox): 58% Jay Blanchard, D-30 (Gilbert): 58% Jack Brown, D-4 (St. Johns): 50% Herb Guenther, D-5 (Tacna): 50%

BOTTOM Scott Bundgaard, R-19 (Glendale): 42% Brenda Burns, R-17 (Glendale): 33% Edward Cirillo, R-15 (Sun City West): 33% Randall Gnant, R-28 (Scottsdale): 33% Dean Martin, R-24 (Phoenix): 33% David Petersen, R-29 (Mesa): 33% Darden Hamilton, R-16 (Glendale): 27% Timothy Bee, R-9 (Tucson): 25% Ken Bennett, R-1 (Prescott): 25% Russell Bowers, R-21 (Mesa): 25% Tom Smith, R-26 (Phoenix): 25% Toni Hellon, R-12 (Tucson): 17% Lori Daniels, R-6 (Chandler): 17%

*Andy Nichols died in office of a heart attack near the session’s end, on April 19. **Pete Rios voted against an LCV-supported bill only so he could bring it back for reconsideration, which failed. ***The Pima County Board of Supervisors appointed Virginia Yrun to Nichols’ vacant seat.

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THE

BEST AND THE WORST...

SENATE

HOUSE

Top Scorers (100%)

Top Scorers (100%)

Sen. Chris Cummisky, D-25 Sen. Mary Hartley, D-20 Sen. Andy Nichols, D-13 Sen. Elaine Richardson, D-11 Sen. Pete Rios, D-7 Sen. Ramon Valadez, D-10

Rep. Meg Burton Cahill, D-27 Rep. Carmine Cardamone, D-11 Rep. Gabrielle Giffords, D-13 Rep. John Loredo, D-22 Rep. Debora Lynn Norris, D-11 Rep. Christine Weason, D-25

Bottom Scorers (17%)

Bottom Scorers (0%)

Sen. Toni Hellon, R-12 Sen. Lori Daniels, R-6

Rep. Linda Binder, R-1 Rep. Randy Graf, R-9

Arizona League of Conservation Voters PO Box 40154 Tucson, AZ 85717 Return Service Requested

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2001 Scorecard