COMMITTEE ON NATURAL RESOURCES & AGRICULTURE
Minutes of Meeting
Tuesday, February 10, 1998
House Hearing Room 2 - 1:00 p.m.
(Tape 1, Side A)
Cochairman Griffin called the meeting to order at 1:25 p.m. and the secretary called the roll.
Members Present
Mr. Cardamone Mr. Flake Ms. Rios
Mr. Carruthers Mrs. Lynch Mr. Gleason, Cochairman
Mr. Clark Mr. McGibbon Ms. Griffin, Cochairman
Mr. Fagin Mr. Overton
Members Absent
None
Speakers Present
Pam Gluck, Executive Director, American Trails
Tonya L. Williams, Town Manager, Town of Clifton
Names of people recognized by the Chair in support of H.B. 2511 who did not speak (Page 3)
John Murphy, House Intern, Natural Resources & Agriculture Committee (NRA)
Representative McGrath, Sponsor
Linda Deen, Arizona State President, People for the USA
Dick Bennett, Executive Director, Society for Environmental Truth (SET)
Name of person recognized by the Chair in support of H.M. 2001 who did not speak (Page 4)
Chuck Shipley, President, Arizona Mining Association (AMA)
Jim Klinker, Director of Public Affairs, Arizona Farm Bureau (AFB)
Name of person recognized by the Chair in support of H.M. 2001 who did not speak (Page 5)
Representative Schottel, Sponsor
Donald Burtchin, Mayor, Casas Adobes
Lan Lester, Mayor, Town of Tortolita
Michael Racy, Government Relations Director, Tucson Airport Authority (TAA)
Name of person recognized by the Chair in support of H.B. 2592 who did not speak (Page 6)
Jon Michael, Voter-Town Participant, Town of Tortolita
Sandy Price, Esq., City of Tucson
Scottie Bidegain, Councilwoman, Town of Tortolita
Norman Miller, Legislative Council, Arizona Fire District Association (AFDA)
Ted Paelstice, representing himself, Tucson, Arizona
Names of people recognized by the Chair in support of H.B. 2592 who did not speak (Page 7)
Kent Fairbairn, Assistant Director, League of Arizona Cities & Towns (LACT)
Kenneth J. Smith, representing himself, Tortolita, Arizona
Lowell Lowe, representing himself, Casas Adobes, Arizona
Norman Miller, Legislative Council, Arizona Fire District Association (AFDA)
Alan Lathrem, Council member, City of Tortolita
J. Dennis Wells, State Land Commissioner, Arizona State Land Department (ASLD)
Jennifer Hunter, Assistant Research Analyst, Natural Resources & Agriculture Committee (NRA)
J.H. Bud Paulson, Executive Director, Structural Pest Control Commission (SPCC)
Michael B. Hull, Pest Control Officer, representing himself, Globe, Arizona
Bert Putterman, Commissioner, Arizona Extermination Company (AEC)
Mike Fraker, Pest Control Operator, representing himself, Phoenix, Arizona
Names of people recognized by the Chair in support of H.B. 2221 (Page 9)
Guests Present
Guest list (Attachment 1).
CONSIDERATION OF BILLS
H.B. 2509, state land leases; technical amendments - HELD
Cochairman Griffin announced that H.B. 2509 will be held.
H.B. 2635, agriculture water conservation program - HELD
Cochairman Griffin announced that H.B. 2635 will be held.
H.B. 2510, arizona state parks; continuation - HELD
Cochairman Griffin announced that Pam Gluck had driven from Dewey and wished to speak on H.B. 2510.
Pam Gluck, Executive Director, American Trails, spoke in support of H.B. 2510. She expressed concern over possible elimination of Heritage Fund monies to federal and tribal lands. She pointed
out that the Heritage Fund money is available to the State of Arizona for natural resource spending
and there should not be restrictions on what entities receive funding.
Cochairman Griffin stated the legalities pertaining to the spending of Arizona public funds on federal land needs to be investigated further.
Cochairman Griffin announced that H.B. 2510 will be held.
H.B. 2511, appropriation; clifton flood control - DO PASS
Tonya L. Williams, Town Manager, Town of Clifton, spoke in support of H.B. 2511. She presented the history of the flooding in Clifton, Arizona. She gave a history on the support of the project for Clifton in S.B. 1060, H.B. 2020, and H.B. 2193. She pointed out the 1983 flood cost was around $20 million in emergency and disaster recovery. She added since 1970, $300 million was paid out for flood disaster recovery in Clifton. In 1992, the "general design memorandum" was accepted by the State of Arizona. She made presentations on "Appropriation: Clifton Flood Control." (Attachment 2). She presented the cost involved to the State for the recreation area in the town of Clifton (Attachment 3). She stated the cost for construction to the recreation area would be matched by federal money. She presented the "Remaining work," (Attachment 4). She presented maps of the "Grading Plan North Clifton" project (Attachment 5) and the "Concept Plan Clifton Recreation Development" (Attachment 6).
Mr. McGibbon inquired about the "closure" phase of the agreement for the town of Clifton. Ms.
Williams stated the remaining funds would be matched 50/50 by the Federal government. She
added the funding would clean up the remaining debris and create a park which would be the
economic generator of funds used for maintaining the rest of the project. She pointed out that the
funds have to be generated from the project in order for the town of Clifton to receive the federal
funding.
Cochairman Griffin inquired as to the estimated maintenance for the levee, if there were no funds
generated from this project. Ms. Williams stated the Department of Emergency Services has
informed her that stated costs could run up to between $150,000 and $180,000 a year to maintain
the project. She stated funds would have to come back through the Legislature and be appropriated through various organizations.
Cochairman Gleason commented that the funding would be utilized to build a park and not for the
"cleanup." Ms. Williams affirmed and summarized that the park is the economic motivator for
the entire project; i.e., building the levee, providing all protection, building acquisition of the
homes below and above the flood device and the recreation vehicle park.
Cochairman Gleason asked if the park would be built in a flood plane and Ms. Williams affirmed.
Mr. Overton inquired as to how the park would generate income. Ms. Williams responded there
would be 113 RV spaces and 30 tent camp spaces. It would be termed a Corps park and the camp
fees would come in as a revenue source. She pointed out the Corps of Engineers has built several
parks around the country and the parks have proven to be very successful. Mr. Overton expressed
concern over the taxpayers being charged to use the park.
Cochairman Gleason pointed out that a levee district could be formed to protect the levee. Ms.
Williams remarked she was not familiar with a levee district and Cochairman Griffin remarked that
information could be provided to her.
Cochairman Griffin noted that Aida Lopez, Councilwoman, Town of Clifton, and Betty Baker,
Councilwoman, are also in attendance in support of the bill but do not wish to speak.
Cochairman Gleason moved that H.B. 2511 do pass. The motion
carried by a roll call vote of 8-1-1-1 (Attachment 7).
H.M. 2001, UN convention on climate change - DO PASS
John Murphy, House Intern, summarized H.M. 2001, which urges the Senate of the United States
not to ratify the treaty from the United Nations Framework Convention on Climate Change which
was adopted in December at Kyoto, Japan (Attachment 8).
Representative McGrath, sponsor, expressed strong support for H.M. 2001. She stated if the treaty is ratified, the results would mean economic disaster to the United States. She explained that employment opportunities would move overseas to countries not bound by the treaty and production in the U.S. would drop resulting in higher production in foreign countries. Ms. McGrath presented "Experts forecast quiet solar cycle, mild 'space weather,'" (Attachment 9). She responded to questions.
Linda Deen, Arizona State President, People for the USA, speaking in support of the bill, pointed out that passage of the treaty would result in higher costs for energy. She stated our economy is a result of development and use of energy and there should not be restrictions imposed that would hinder it. Ms. Deen presented an article titled "Arizona Joins America in Speaking Out" (Attachment 10). She responded to questions.
(Tape 1, Side B)
Dick Bennett, Executive Director, Society for Environmental Truth, indicated support for H.M.
2001. He presented his views on the "global warming" issue. He made himself available for
questions.
Cochairman Griffin noted that Sandy Bahr, Conservation Outreach Coordinator, representing the
Sierra Club, is opposed to the bill and is not present to speak on the issues.
Chuck Shipley, President, Arizona Mining Association, is in support of H.M. 2001. He stated
there is ongoing debate on the global warming issue. He reiterated the problems with the proposed
treaty, which would force limitations on certain developed countries and not limit underdeveloped
countries. He responded to questions.
Jim Klinker, Director of Public Affairs, Arizona Farm Bureau, is in support of the bill. He stated
the treaty would be devastating to American agriculture and Arizona agriculture.
Cochairman Griffin noted Sydney Hoff Hay, Executive Director, Amigos, is present and in
support of the bill but does not wish to speak.
Cochairman Gleason moved that H.M. 2001 do pass. The motion
carried by a roll call vote of 5-4-1-1 (Attachment 11).
H.C.M. 2002, UN convention; climate change - DO PASS
Cochairman Griffin announced that H.C.M. 2002 is identical to H.M. 2001.
Cochairman Gleason moved that H.C.M. 2002 do pass. The motion
carried by a roll call vote of 5-3-2-1 (Attachment 12).
H.B. 2592, municipal incorporation; annexation; applicability - HELD
John Murphy, House Intern, summarized H.B. 2592, (Attachment 13).
Mr. Flake inquired into the policy of the State Land Department (SLD) regarding incorporation.
Mr. Murphy responded SLD is not involved. Mr. Murphy stated if there is incorporation, it would
go according to incorporation rules without the SLD having any input.
Mr. Flake inquired into the "repeals" pertaining to the Bill Summary (Attachment 13) and asked
how something can be repealed effective January 1, 1997, which is over one year ago. He asked
how any completion through that period of time can be nullified.
Mr. McGibbon responded that the issue of the bill passed last year is currently in court. The City
of Tucson has challenged two or three communities that have gone through what they believe to
be a legitimate process for incorporation. Mr. McGibbon went on to explain H.B. 2592 would
make universal guidelines for annexation and incorporation for several counties to incorporate if
they so desire. He pointed out that this bill eliminates the six-mile law currently in statute and
eliminates the three-mile law from last year which the City of Tucson challenged through the
courts. He added the idea of the airport language in the bill is essentially to protect airports that
belong to a city but are not located in an incorporated area.
Representative Schottel, sponsor, urged support for the bill. He pointed out that the people in his
community want to form their own city and added this is what we are attempting to do with this
bill. Mr. Schottel explained that mistakes were made on the bill last year and attempts are being
made to correct those mistakes.
Donald Burtchin, Mayor, Casas Adobes, spoke in support of the bill. He gave an overview on the
history of the City of Casas Adobes pertaining to steps it has taken for incorporation. He stated
the outcome for the City of Casas Adobes depends on the lawsuit with the City of Tucson.
Lan Lester, Mayor, Town of Tortolita, urged support of the bill. He gave an overview on the steps
taken by the Town of Tortolita to become incorporated. He made himself available for questions.
Michael Racy, representing the Tucson Airport Authority (TAA), urged support for the bill. He stated that the Airport Authority is a neutral party and a separate entity which maintains and controls its own security and fire department. He added the TAA is required to adhere to regulations that control what can be done with the airport. He stated the Airport Authority prefers the option to opt in or out of incorporation or annexation. He responded to questions.
Cochairman Gleason noted Mr. Michael Green, Esq., representing Southwest Airlines, is in favor
of the bill.
Mr. Racy announced that Mr. Green was unable to remain in the meeting today but that Mr. Green
has indicated his support for the bill. Mr. Racy added that Mr. Green related to him that he prefers
the ability to opt in or out.
Jon Michael, voter-town participant, Town of Tortolita, expressed support for H.B. 2592.
(Tape 2, Side A)
Sandy Price, Esq., City of Tucson, is opposed to H.B. 2592. She suggested that discussions take
place to get issues out in the open and everyone work together to find solutions that will work for
both sides. She responded to questions.
Scottie Bidegain, Councilwoman, Town of Tortolita, expressed support for H.B. 2592. She stated
the Town of Tortolita provides to the people the hope that they can continue to exercise the right
of self-determination.
Ted Paelstice, representing himself, Tucson, Arizona, is in favor of H.B. 2592. He stated the
people have the right to "representation for taxation." He stated the incorporation attitude is here
to stay and incorporation will continue.
Cochairman Griffin noted the following individuals who are present and in favor of H.B. 2592:
Andrew W. Tuohy, representing himself, Tortolita, Arizona
Peter Schlegel, representing himself, Tucson, Arizona
Aspen Green, representing himself, Tortolita, Arizona
Charlotte Bender, representing herself, Tortolita, Arizona
Bob Hassan, representing himself, Tortolita, Arizona
Cochairman Griffin announced if the individuals have anything to add, they are certainly welcome to speak.
Kent Fairbairn, Assistant Director, League of Arizona Cities & Towns, expressed opposition to
H.B. 2592. Mr. Fairbairn pointed out that the three and six mile law has worked successfully
throughout the state. He added numerous communities have incorporated since 1961 and it
continues to be a system that has worked. He responded to questions.
Kenneth J. Smith, representing himself, Tortolita, Arizona, spoke in support of H.B. 2592. He
emphasized his view of the importance of self-determination. He responded to questions.
Lowell Lowe, resident of Casas Adobes, urged support for H.B. 2592.
Norman Miller, Legislative Counsel, Arizona Fire District Association, expressed support for the
bill. Mr. Miller pointed out the bill requires petitioners who are seeking signatures for annexation
provide to the people, signing the petition, a brief statement which reflects the current taxes and
the tax which will take effect if the proposed annexation or incorporation develops.
Alan Lathrem, Council member, City of Tortolita, spoke in support of H.B. 2592. He stated the
situation is part of a larger problem and asked that the people be given a choice to vote on
annexation and incorporation.
Cochairman Griffin announced that H.B. 2592 will be held.
Cochairman Griffin announced that a five-minute recess will be taken.
H.B. 2506, state land department; sunset extension - DO PASS
J. Dennis Wells, State Land Commissioner, Arizona State Land Department, is in favor of H.B.
2506. He made himself available for questions.
Cochairman Gleason moved that H.B. 2506 do pass. The motion
carried by a roll call vote of 5-0-2-4 (Attachment 14).
H.B. 2080, structural pest control commission; fees - DO PASS AMENDED
Jennifer Hunter, Assistant Research Analyst, summarized H.B. 2080, (Attachment 15) which
requires all applicants for licensure, qualifications, certification, and registration to submit
fingerprints to the structural pest control commission for the purposes of a criminal background
check. It also establishes certain fees. Ms. Hunter explained the amendments to H.B. 2080.
J.H. Bud Paulson, Executive Director, Structural Pest Control Commission, spoke in support of
H.B. 2080. He stated the purpose of the bill is to ensure that the people going into the homes to
do the pest control work have been properly screened. He responded to questions.
Mrs. Lynch commented on the 2-page amendment dated 2/9/98 to H.B. 2080, which lists the kinds of criminal offenses that can be considered when refusing to license an applicant for structural pest
control operations.
Cochairman Gleason moved that H.B. 2080 do pass.
Mrs. Lynch moved that the 1-page Lynch amendment dated
2/9/98 be adopted (Attachment 16). The motion carried.
Cochairman Gleason moved that H.B. 2080 as amended do pass.
The motion carried by a roll call vote of 9-0-0-2 (Attachment 17).
H.B. 2221, structural pest control commission - DO PASS AMENDED
Jennifer Hunter, Assistant Research Analyst, summarized H.B. 2221, (Attachment 18) which
makes numerous clarification, technical and conforming changes. Ms. Hunter summarized the 2-page Lynch amendment (Attachment 19) and the 6-line Griffin amendment (Attachment 20).
J.H. Bud Paulson, Executive Director, Structural Pest Control Commission, indicated support for
H.B. 2221. He stated this bill makes it possible to issue corrective work orders which would speed
up the process and in turn aid the public citizen in receiving services. He responded to questions.
Michael B. Hull, Pest Control Officer, representing himself, Globe, Arizona, pointed out proposed
changes he would like to see added to the bill. He stated the first change pertains to page 8, line
29, item 4; that there be wording added which states the reason for the records request pertaining
to an investigation. The other change would occur on page 26, line 7, Item D, which pertains to
real estate requirements when an individual is purchasing a home. He stated it should include all
termites relating to a spot treatment. On line 7, Item D, he suggested striking the word
"subterranean" and retaining the word "termites."
Bert Putterman, Commissioner, Arizona Extermination Company, is in support of H.B. 2221. He stated he is in agreement with Mr. Hull regarding the records issue pertaining to an investigation. He stated he disagrees with Mr. Hull on the termite issue. Mr. Putterman pointed out that the bill should be restricted to subterranean termites because of cheaper equally effective spot treatment available for drywood termites. Mr. Putterman pointed out the difference between subterranean termites and drywood termites. He explained subterranean termites live in colonies in the ground and from the ground attack structures whereas drywood termites are contained in colonies above ground in single members of the structure.
Cochairman Griffin suggested that Mrs. Lynch and Mr. Flake address the requested amendment
and submit a floor amendment.
Mike Fraker, Pest Control Operator, representing himself, Phoenix, Arizona, stated he is in support
of H.B. 2221.
Cochairman Griffin noted Mike Means, President, Apca Metro Pest Control, and Jim Cox,
Executive Director, Arizona Pest Control Association, are in support H.B. 2221.
Cochairman Gleason moved that H.B. 2221 do pass.
Mrs. Lynch moved that the 2-page Lynch amendment dated
2/9/98 be adopted (Attachment 19). The motion carried.
Cochairman Gleason moved that the 6-line Griffin amendment
dated 2/9/98 be adopted (Attachment 20). The motion carried.
Cochairman Gleason moved that H.B. 2221 as amended do pass.
The motion carried by a roll call vote of 8-1-1-1 (Attachment 21).
H.B. 2044, structural pest control commission; continuation - DO PASS
Jennifer Hunter, Assistant Research Analyst, summarized H.B. 2044 (Attachment 22) which would extend the structural pest control commission for ten years and requires the commission to report to the House of Representatives, Senate, and Governor after one year.
Cochairman Gleason moved that H.B. 2044 do pass. The motion
carried by a roll call vote of 9-1-0-1 (Attachment 23).
Without objection, the meeting adjourned at 5:22 p.m.
_________________________________
Marmie Guimont, Committee Secretary
(Original minutes, attachments, and tapes on file in the Office of the Chief Clerk.)
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