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Arizona - SB1241 - water recharge; direct use.
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Policy Process

Introduced
SENATE PASSED
HOUSE PASSED
SIGNED BY GOVERNOR

1/22/2009
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Policy Becomes Law


  • Policy Overview
  • BILL STATUS OVERVIEW 
    SB1241
    SPONSORS: ALLEN S P BURGES P MCGUIRE P
    PRATT P NELSON C BARNES C
    HENDRIX C
    TITLE: water recharge; direct use.
    SENATE FIRST READ: 01/27/10
    SENATE SECOND READ: 01/28/10
    COMMITTEES: ASSIGNED COMMITTEES ACTION
    Vote Detail 01/28/10 NRIPD 02/08/10 (5-2-0-0) DPA
    01/28/10 RULES 02/15/10 PFC
    MAJORITY CAUCUS: 02/16/10Y
    MINORITY CAUCUS: 02/16/10Y
    COW ACTION 1: DATE ACTION AYES NAYS NV EXC
    02/18/10 DPA 0 0 0 0
    AMENDMENTS
    NRIPD (ref Bill) adopted
    THIRD READ: DATE AYES NAYS NV EXC EMER AMEND RFE 2/3 VOTE RESULT
    Vote Detail 02/22/10 22 7 1 0 Y PASSED
    TRANSMIT TO HOUSE: 02/22/10
    HOUSE FIRST READ: 03/08/10
    COMMITTEES: ASSIGNED COMMITTEES ACTION
    Vote Detail 04/07/10 NRRA 04/08/10 (7-0-0-1-0) DPA/SE
    03/08/10 ENV
    03/08/10 RULES
    HOUSE SECOND READ: 03/09/10
    FINAL DISPOSITION: Held in House
  • Summary/Fact Sheet Title
  • SENATE FACT SHEET: 2/11_CAUCUS-FLOOR

    Assigned to NRIPD                                                                                             FOR CAUCUS & FLOOR ACTION

     

     


     

     

    ARIZONA STATE SENATE

    Forty-ninth Legislature, Second Regular Session

     

    AMENDED

    FACT SHEET FOR S.B. 1241

     

    water recharge; direct use.

     

    Purpose

     

               Retroactive to January 1, 2009, allows the Director of the Arizona Department of Water Resources (Director) to exclude certain withdrawn groundwater when calculating a water storer’s long-term storage credit.

     

    Background

     

    The Groundwater Management Code (Code) was enacted in 1980 to control severe groundwater depletion and to provide the means for allocating Arizona’s groundwater resources effectively to meet the state’s future needs.  The Arizona Department of Water Resources (ADWR) administers the Code. As part of its groundwater management framework, the Code designates five Active Management Areas (AMAs) - Phoenix, Prescott, Pinal, Santa Cruz, and Tucson - where there is a heavy reliance on mined groundwater. 

     

    In 1987, the Legislature enacted laws providing for the underground storage of water and related aquifer recharging activities (A.R.S. § 45-801.01 et seq.). According to A.R.S. 45-801.01, it is the public policy of state to protect Arizona’s general economy and welfare by encouraging the use of renewable water supplies, instead of groundwater, through a flexible and effective regulatory program for the underground storage, savings and replenishment of water.

     

    The ADWR, through the Director, issues water storage permits and recharge facility permits, and regulates an accounting system for the permittee’s accounts pursuant to the state’s public policy. When eligible water (e.g. effluent, Central Arizona Project water) is stored underground for more than one year, long-term storage credits may be issued. The Central Arizona Water Conservation District, which is a tax-levying public improvement district that manages the Central Arizona Project (CAP), also requires the execution of a water storage agreement for those who intend to store excess CAP water at one of its six recharge facilities located in the Phoenix, Pinal and Tucson AMAs.   

     

    As it relates to long-term storage credits, S.B. 1241 only applies to the storage of CAP water within an AMA by a storer that is not a municpal provider.  

     

    Long-term storage credits are earned in the process of storing eligible water that exceeds the amount of groundwater that has been pumped by the water storage permittee during a calendar year, provided the stored water could not have reasonably been put to direct use. The statute prescribes requirements for the Director to follow when determining the eligibility of long-term storage credits. Stored water is eligible for long-term storage credits if the water meets all of the following criteria: 1) the water cannot reasonably be used directly, which is defined in A.R.S. § 45-802.01(22) and commonly referred to as “waterbud”; 2) the water was not recovered on an annual basis (short-term); and 3) the water would not have been naturally recharged within an AMA.

     

    Long-term storage credits generated through the storage of water are held for the purpose of subsequent recovery and use, and may also be sold, leased and exchanged within the AMA where the credits were earned. Recharge permit holders are required to file annual reports with ADWR, and statutes provide for recovery requirements.

     

    There is no anticipated fiscal impact to the state General Fund associated with this legislation.

     

    Provisions

     

    1.      Retroactive to January 1, 2009, modifies the definition of water that cannot reasonably be used directly to instruct the Director, when calculating long-term storage credits for water storage permit holders, to exclude the amount of groundwater that was withdrawn during the year for mineral extraction and metallurgical processing and that was delivered in the same year to an irrigation district.  The irrigation district must be located in the same AMA where the groundwater was withdrawn and the delivered water must be put to direct use by that district.  In addition, in order for the groundwater that was withdrawn for mineral extraction to be exempted from the Director’s calculation, there must be a demonstrated reduction in the amount of groundwater (savings to the aquifer) that otherwise would have been withdrawn by that district during the year. The provisions of S.B. 1241 apply only to stored CAP water within an AMA by a storer that is not a municipal provider.

     

    2.      Repeals the provisions of S.B. 1241 on January 1, 2025.

     

    3.      Makes technical and conforming changes.

     

    4.      Becomes effective on the general effective date.

     

    Amendments Adopted by Committee

     

    ·         Adds a retroactivity clause and delayed repeal date.

     

    Senate Action

     

    NRIPD            DPA    2/8/10              5-2-0-0

     

    Prepared by Senate Research

    February 10, 2010

    TD/ly



    View Complete TextSENATE FACT SHEET: 2-5 nripd 
    HOUSE SUMMARY: 04/08/2010 CaucusCOW 
    HOUSE SUMMARY: 04/07/2010 NRRA 
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  •  

     

     

    REFERENCE TITLE: water recharge; direct use.

     

     

     

     

    State of Arizona

    Senate

    Forty-ninth Legislature

    Second Regular Session

    2010

     

     

    SB 1241

     

    Introduced by

    Senator Allen S; Representatives Burges, McGuire, Pratt: Senator Nelson; Representatives Barnes, Hendrix

     

     

    AN ACT

     

    amending section 45-802.01, Arizona Revised Statutes; relating to underground water storage, savings and replenishment.

     

     

    (TEXT OF BILL BEGINS ON NEXT PAGE)

     



    Be it enacted by the Legislature of the State of Arizona:

    Section 1.  Section 45-802.01, Arizona Revised Statutes, is amended to read:

    START_STATUTE45‑802.01.  Definitions

    Unless the context otherwise requires, the terms defined in section 45‑402 have the same meanings in this chapter and:

    1.  "Aquifer" means a geologic formation that contains sufficient saturated material to be capable of storing water and transmitting water in usable quantities to a well.

    2.  "Area of impact" means, as projected on the land surface, the area where the stored water has migrated or is located.

    3.  "CERCLA" means the comprehensive environmental response, compensation, and liability act of 1980, as amended (P.L. 96‑510; 94 Stat. 2767; 42 United States Code sections 9601 through 9657), commonly known as "superfund".

    4.  "Constructed underground storage facility" means a facility that meets the requirements of section 45‑811.01 and that is designed and constructed to store water underground pursuant to permits issued under this chapter.

    5.  "District" means a groundwater replenishment district established under title 48, chapter 27.

    6.  "District member" means a member of the groundwater replenishment district as provided by title 48, chapter 27.

    7.  "Electrical district" means a corporate body established pursuant to title 48, chapter 12.

    8.  "Groundwater savings facility" means a facility that meets the requirements of section 45‑812.01 in an active management area or an irrigation non‑expansion area at which groundwater withdrawals are eliminated or reduced by recipients who use in lieu water on a gallon‑for‑gallon substitute basis for groundwater that otherwise would have been pumped from within that active management area or irrigation non‑expansion area.

    9.  "In lieu water" means water that is delivered by a storer to a groundwater savings facility pursuant to permits issued under this chapter and that is used in an active management area or an irrigation non‑expansion area by the recipient on a gallon‑for‑gallon substitute basis for groundwater that otherwise would have been pumped from within that active management area or irrigation non‑expansion area.

    10.  "Long‑term storage account" means an account established pursuant to section 45‑852.01.

    11.  "Long‑term storage credit" means stored water that meets the requirements of section 45‑852.01 and that has been credited to a long‑term storage account.

    12.  "Managed underground storage facility" means a facility that meets the requirements of section 45‑811.01 and that is designed and managed to utilize the natural channel of a stream to store water underground pursuant to permits issued under this chapter through artificial and controlled releases of water other than surface water naturally present in the stream. Surface water flowing in its natural channel is not a managed underground storage facility.

    13.  "Master replenishment account" means an account established pursuant to section 45‑858.01 for a groundwater replenishment district.

    14.  "Recipient" means a person who receives in lieu water for use at a groundwater savings facility.

    15.  "Recoverable amount" means the amount of water, as determined by the director, that will reach the aquifer through water storage.

    16.  "Replenishment" means the storage of water or use of long‑term storage credits by a groundwater replenishment district to fulfill its duties under title 48, chapter 27, article 3, by a multi‑county water conservation district to fulfill its duties under title 48, chapter 22, article 4 or by an active management area water district to fulfill its duties under title 48, chapter 28, article 7.

    17.  "Reserve target" has the same meaning prescribed in section 48‑3701.

    18.  "Storage facility" means a groundwater savings facility or an underground storage facility.

    19.  "Stored water" means water that has been stored or saved underground pursuant to a storage permit issued under this chapter.

    20.  "Storer" means the holder of a water storage permit issued pursuant to section 45‑831.01 or a person to whom a water storage permit has been conveyed pursuant to section 45‑831.01, subsection F.

    21.  "Underground storage facility" means a constructed underground storage facility or a managed underground storage facility.

    22.  "Water that cannot reasonably be used directly" means water that the storer cannot reasonably put to a direct use during the calendar year, including:

    (a)  Except as provided in subdivision (b) or except for an agricultural improvement district as provided in subdivision (d), if the storer is a municipal provider, the amount of central Arizona project water that exceeds the amount of mined groundwater withdrawn during the calendar year by the storer in the active management area in which the storer's service area is located.  If the storer withdrew mined groundwater during a calendar year in which the storer stored central Arizona project water underground pursuant to the storage permit, the amount of central Arizona project water stored underground during that year equal to the amount of mined groundwater withdrawn from the active management area in which the storer's service area is located shall not be credited to the storer's long‑term storage account but may be considered as being available for recovery by the storer on an annual basis under section 45‑851.01.  In calculating the amount of mined groundwater withdrawn by the storer from the active management area, the director, at the request of the storer, shall exclude any groundwater withdrawn, treated and delivered for direct use as part of a remedial action undertaken pursuant to CERCLA or title 49, chapter 2, article 5.  For the purposes of this subdivision, "mined groundwater" and "municipal provider" have the same meanings prescribed in section 45‑561.

    (b)  If the storer is a municipal provider that has been designated as having an assured water supply pursuant to section 45‑576, the amount of central Arizona project water that exceeds the amount of deficit groundwater withdrawn during the calendar year by the storer in the active management area in which the storer's service area is located.  If the storer withdrew deficit groundwater during a calendar year in which the storer stored central Arizona project water underground pursuant to the storage permit, the amount of the central Arizona project water stored underground during that year equal to the amount of deficit groundwater withdrawn from the active management area in which the storer's service area is located shall not be credited to the storer's long‑term storage account but may be considered as being available for recovery by the storer on an annual basis pursuant to section 45‑851.01.  In calculating the amount of deficit groundwater withdrawn by the storer from the active management area, the director, at the request of the storer, shall exclude any groundwater withdrawn, treated and delivered for direct use as part of a remedial action undertaken pursuant to CERCLA or title 49, chapter 2, article 5.  For the purposes of this subdivision, "municipal provider" has the same meaning prescribed in section 45‑561 and "deficit groundwater" means that amount of groundwater withdrawn within an active management area for delivery and use within a service area by a municipal provider in excess of the amount of groundwater that may be withdrawn by the municipal provider consistent with the achievement of the active management area's management goals as prescribed by rules adopted by the director pursuant to section 45‑576.

    (c)  Except as provided in subdivision (d), if the storer is not a municipal provider, the amount of central Arizona project water stored in an active management area that exceeds the amount of groundwater withdrawn during the calendar year by the storer in that active management area.  If the storer withdrew groundwater in an active management area during a calendar year in which the storer stored central Arizona project water underground in that active management area pursuant to the storage permit, the amount of central Arizona project water stored underground during that year equal to the amount of groundwater withdrawn from the active management area shall not be credited to the storer's long‑term storage account but may be considered as being available for recovery by the storer on an annual basis under section 45‑851.01.  For the purposes of this subdivision, "municipal provider" has the same meaning prescribed in section 45‑561.  In calculating the amount of groundwater withdrawn by the storer from the active management area, the director, at the request of the storer, shall exclude:

    (i)  The amount of any groundwater withdrawn, treated and delivered for direct use as part of a remedial action undertaken pursuant to CERCLA or title 49, chapter 2, article 5.  For the purposes of this subdivision, "municipal provider" has the same meaning prescribed in section 45‑561.

    (ii)  The amount of groundwater withdrawn by the storer during the year for mineral extraction and metallurgical processing and delivered during that year for direct use to an irrigation district that is established pursuant to title 48, chapter 19 and that is located in the same active management area from which the amount of groundwater was withdrawn to the extent that the irrigation district or its customers demonstrate a reduction in the amount of groundwater that they otherwise would have withdrawn during that year within the irrigation district.

    (d)  The amount of central Arizona project water stored in an active management area in any year after 1994 by an agricultural improvement district established pursuant to title 48, chapter 17 for use at those portions of electrical generating facilities that are constructed or expanded after June 12, 1980, subject to both of the following:

    (i)  If groundwater was used during a year in an active management area at those portions of the electrical generating facilities that were owned and operated by the agricultural improvement district and that were constructed or expanded after June 12, 1980, the amount of the central Arizona project water stored during that year equal to the amount of the groundwater withdrawn during the year for use at those portions of the facilities that were owned and operated by the agricultural improvement district and that were constructed or expanded after June 12, 1980 shall not be credited to the agricultural improvement district's long‑term storage account but may be considered as being available for recovery by the agricultural improvement district on an annual basis under section 45‑851.01.

    (ii)  Long‑term storage credits accrued as a result of the storage of the central Arizona project water may be recovered within the active management area by the agricultural improvement district only for the purpose of providing central Arizona project water to electrical generating facilities that were owned and operated by the agricultural improvement district and only pursuant to any water requirement included in a facility's certificate of environmental compatibility.  Subject to section 45‑854.01, the long‑term storage credits may be assigned by the agricultural improvement district only to the owner of an electrical generating facility for use pursuant to any water requirement included in that facility's certificate of environmental compatibility.

    (e)  Surface water made available by dams constructed or modified after August 13, 1986.

    (f)  Until the year 2025:

    (i)  Effluent.

    (ii)  If the storage facility is in an active management area, water from outside the active management area that would not have reached the active management area without the efforts of the storer.

    (iii)  If the storage facility is outside of an active management area, water from outside the groundwater basin in which the storage facility is located that would not have reached the groundwater basin without the efforts of the storer.

    (g)  Water that is delivered through the central Arizona project and that is acquired by the Arizona water banking authority.

    23.  "Water storage" means adding water to an aquifer or saving water in an aquifer pursuant to permits issued under this chapter.

    24.  "Water storage permit" means a permit issued pursuant to section 45‑831.01 to store water at a storage facility. END_STATUTE



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  •           

              Name: SB1241

              State: CA

              Chamber:Senate

              Latest Vote

              Motion: Placed on Appropriations Suspense file.

              Date:datetime.datetime(2010, 5, 10, 0, 0)

              Result:Yes

              Votes in Favor: 9

              Votes in Opposition: 0

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  • Third Reading Calendar

    Monday, February 22, 2010

    Forty-ninth Legislature

    Second Regular Session

     

                                ARIZONA STATE SENATE

     

                                                                  THIRD READING

     

                                                                  February 22, 2010

     

     

    SB 1023      motor vehicle accidents; death; injury

     

    Purpose (For more information see Fact Sheet): Expands the type of traffic violations that are designated under certain conditions as serious physical injury or death by a moving violation (SPIDMV) or causing serious physical injury or death by use of a vehicle (SPIDUV).

    For Bill: Paul Ahler, Arizona Prosecuting Attorneys' Council (02/06/2010); Richard Davis, Self (02/13/2010); Mick Degn, Modified Motorcycle Association(MMA) (02/08/2010); Bobbi Hartmann, Abate of Arizona (02/08/2010); Billy Larson, Self (02/15/2010); James Mann, Arizona Fraternal Order of Police (02/08/2010); Norman Moore, Fraternal Order of Police (02/08/2010); Bill Mueller, Self (02/15/2010); Carole OReilly, Abate of Arizona (02/15/2010); Thomas Parker, Arizona Fraternal Order of Police (02/08/2010); Paul  Price, Arizona Confederation of Motorcycle Clubs (02/15/2010); Ross Rutherford, Abate of Arizona (02/08/2010); Bryan Soller, Arizona State Fraternal Order of Police (02/14/2010)

     

     

     

    SB 1029      law enforcement officers; disciplinary actions

     

    Purpose (For more information see Fact Sheet): Prohibits disciplinary action against a law enforcement officer except for just cause.

    For Bill: Paul Barnes, Neighborhood Coalition of Greater Phx (01/27/2010); Levi Bolton, Phoenix Law Enforcement Association (01/27/2010); Royce Flora, Self (01/27/2010); Chuck Foy, Arizona Correctional Peace Officers Association (01/22/2010); Bryan Ginter, Self (01/26/2010); Brian Livingston, Arizona Police Association (01/27/2010); Ann Malone, Indian School Corridor Citywide Coalition (01/26/2010); James Mann, Arizona Fraternal Order of Police (01/27/2010); Donna Neill, Self, NAILEM (01/26/2010); Jerry Neill, Self, NAILEM (01/26/2010); Mark Spencer, Phoenix Law Enforcement Association (01/27/2010); Mike Williams, Arizona Police Association and the Phoenix Law Enf (01/27/2010)

    Against Bill: Jennifer Allen, Border Action Network (01/27/2010)

    Neutral: Luis  Ebratt, AZ Conference of Police and Sheriffs (01/26/2010)

     

     

     

    SB 1083      ASRS; amendments

     

    Purpose (For more information see Fact Sheet): Makes various changes to the statutes governing the Arizona State Retirement System (ASRS) and appropriates $1,491,722 from the ASRS administration account fund to the ASRS for the administrative implementation of this act.

    For Bill: Alan Johnson, ASU Retirees Assoc. (ASURA) (01/27/2010); Jennifer Loredo, Arizona Education Association (01/28/2010); Robert Mings, Self and ASU Retirees A (01/28/2010); Jennifer Schuldt, Arizona Tax Research Association (01/28/2010); Michael Smith, ESI (01/27/2010); Lesli Sorensen, Arizona State Retirement System (01/28/2010)

    Against Bill: Kevin B. DeMenna, Smartschools Plus (01/28/2010); Ryan DeMenna, Smartschools (01/28/2010); Bryan Ginter, Self (01/26/2010)

    Neutral: Todd Madeksza, Self (01/28/2010)

     

     

     

    SB 1101      firearms; detention officers

     

    Purpose (For more information see Fact Sheet): Allows certain active duty and retired law enforcement officers who are weapons qualified to possess a concealed weapon without a concealed carry weapons (CCW) permit.

    For Bill: Chuck Foy, Arizona Correctional Peace Officers Association (01/22/2010); Dave Kopp, Arizona Citizens Defense League, Inc. (01/24/2010); James Mann, Arizona Fraternal Order of Police (01/25/2010); Fred Streeter, Self (01/20/2010); John Wentling, AZCDL (01/20/2010)

     

     

     

    SB 1107      technical correction; barber licenses; display

                           (Now: corrections fund; luxury tax; extension)

     

    Purpose (For more information see Fact Sheet): An emergency measure extending the revenue source for the Corrections Fund (Fund) through June 30, 2015.

     

     

     

    SB 1111      child support; medical insurance

     

    Purpose (For more information see Fact Sheet): Modifies cash medical support requirements.

    Against Bill: Bryan Ginter, Self (02/02/2010)

     

     

     

    SB 1114      maternity; paternity; genetic testing

     

    Purpose (For more information see Fact Sheet): Modifies paternity testing procedures and requires state and local agencies that have custody of a person who is the subject of another state’s genetic testing order to comply with the order.

    Against Bill: Bryan Ginter, Self (02/02/2010)

     

     

     

    SB 1136      technical correction; guardians

                           (Now: subdividers; public reports; internet advertisement)

     

    Purpose (For more information see Fact Sheet): Requires a subdivider to include a disclosure stating that a public report is available at the Arizona Department of Real Estate (ADRE) on an internet advertisement that advertises a specific lot or parcel.

    For Bill: Spencer Kamps, Home Builder Assoc. of Central AZ (02/08/2010); Jeff Sandquist, Robson Communities (02/06/2010); Mary Utley, Arizona Department of Real Estate (02/08/2010)

     

     

     

    SB 1137      department of transportation; vehicle right-of-way

     

    Purpose (For more information see Fact Sheet): Makes various changes to statutes relating to the Arizona Department of Transportation (ADOT). Establishes a subaccount within the State Highway Fund for statewide transportation projects requiring federal matching monies, and makes an appropriation to ADOT to administer  Ignition Interlock Device laws. 

    For Bill: Kevin Biesty, ADOT (01/20/2010)

     

     

     

    SB 1138      approaching stationary vehicles; yield right‑of‑way

     

    Purpose (For more information see Fact Sheet): Requires drivers to yield by making a lane change when approaching a signaling stationary vehicle.

    For Bill: Kevin Biesty, ADOT (01/20/2010); Linda Gorman, AAA (01/25/2010); Lynn Ideus, Arizona Department of Public Safety (01/22/2010); Brandy Petrone, AAA Arizona (01/25/2010)

     

     

     

    SB 1153      state preemption; knives

     

    Purpose (For more information see Fact Sheet): Establishes that state law preempts local rules and ordinances in the regulation of knives and knife making components.       

    For Bill: Dustin Deppe, Self (01/22/2010); Matthew Dogali, The National Rifle Association (01/25/2010); Dave Kopp, Arizona Citizens Defense League, Inc. (01/24/2010); Todd Rathner, Arizona State Rifle & Pistol Association (01/24/2010); Fred Streeter, Self (01/21/2010); John Wentling, AZCDL (01/20/2010)

    Against Bill: Katie Decker, Town of Fountain Hills (01/25/2010); Michelle Gramley, Town of Gilbert (01/25/2010); Jennifer Pena, City of Litchfield Park (01/25/2010); John Thomas, Arizona Association of Chiefs of Police (01/24/2010); Amber Wakeman, City of Tempe (01/25/2010); Dale Wiebusch, League of Arizona Cities and Towns (01/25/2010)

     

     

     

    SB 1182      psychiatric mental health nurse practitioners

     

    Purpose (For more information see Fact Sheet):  Authorizes the practice of certified psychiatric and mental health nurse practitioners and incorporates references to psychiatric and mental health nurse practitioners in court-ordered evaluation or court-ordered treatment procedures.

    For Bill: Joyce Benjamin, Arizona Nurses Association (02/03/2010); Barbara Fanning, Arizona Hospital and Healthcare Association (02/03/2010); Ramon Garcia, Self (02/03/2010); Bryan Ginter, Self (02/02/2010); Angela Golden, Self (02/03/2010); Mary Griffith, R.N., Arizona Nurses Association (02/01/2010); Jennifer Jacobson, Self (02/03/2010); Gladys Loyola, AzNA (02/03/2010); Pete Wertheim, IASIS Healthcare (02/02/2010)

     

     

    SB 1184      union high schools; additional grades

     

    Purpose (For more information see Fact Sheet): Purpose Allows union high school districts to offer instruction in grades seven and eight but does not entitle them to monies from the School Facilities Board (SFB) for additional facilities and prohibits them from receiving current year growth funding for grade seven and eight pupils.

    For Bill: Anjali Abraham, Arizona Association of Counties (01/27/2010)

    Against Bill: Bryan Ginter, Self (01/26/2010)

    Neutral: Janice Palmer, AZ School Boards Association (01/27/2010); Michael Smith, Az. School Administrators (01/27/2010)

     

     

    SB 1185      common school districts; grade nine

     

    Purpose (For more information see Fact Sheet): Purpose Allows elementary school districts to offer instruction in grade nine but does not entitle them to monies from the School Facilities Board (SFB) for additional facilities and prohibits them from receiving current year growth funding for grade nine pupils.

    For Bill: Anjali Abraham, Arizona Association of Counties (01/27/2010); William Holmes, Self (01/27/2010)

    Against Bill: Bryan Ginter, Self (01/26/2010)

    Neutral: Janice Palmer, AZ School Boards Association (01/27/2010); Michael Smith, Az. School Administrators (01/27/2010)

     

     

     

    SB 1187      school facilities board; vacant land

     

    Purpose (For more information see Fact Sheet): Allows the School Facilities Board to require a school district to sell land and prohibits school districts from using land for purposes other than a school site, under specified conditions.

    For Bill: Justin Olson, Arizona Tax Research Association (01/27/2010); Janice Palmer, AZ School Boards Association (01/27/2010); Michael Smith, Az. School Administrators (01/27/2010)

    Against Bill: Bryan Ginter, Self (01/26/2010)

     

     

     

    SB 1201      renewable energy tax incentive revisions

     

    Purpose (For more information see Fact Sheet): Retroactive to October 1, 2009, makes various revisions to the renewable energy tax incentive statutes.

    For Bill: Sandy Bahr, Sierra Club - Grand Canyon Chapter (01/29/2010); Peter Bengtson, Self (01/29/2010); Rob Dalager, GPEC (02/02/2010); Michelle Rider, Greater Phoenix Economic Council (02/02/2010); Jeff Schlegel, Southwest Energy Efficiency Project (SWEEP) (02/01/2010); Pat VanMaanen, Self (02/02/2010)

    Against Bill: Bryan Ginter, Self (02/02/2010); Steve Voeller, Arizona Free Enterprise Club (02/02/2010)

    Neutral: Kevin McCarthy, (02/02/2010)

     

     

     

    SB 1217      state board of equalization reforms

     

    Purpose (For more information see Fact Sheet): An emergency measure that increases the number of members on the State Board of Equalization, make various changes to the administration of cases and creates a property tax appeals study committee.

    For Bill: John Greene, State Board of Equalization (02/09/2010); Paul Petersen, Maricopa County Assessors Office (02/10/2010); Michael Racy, Assn of Advocates for Property Taxpayers of AZ (02/10/2010); Keith Russell, Maricopa County Assessor (02/10/2010); George Shook, Self (02/10/2010); Jen Sweeney, Arizona Association of Counties (02/10/2010)

    Against Bill: Bryan Ginter, Self (02/09/2010)

     

     

    SB 1226      technical correction; timeshares

                           (Now: jury service; military exemption)

     

    Purpose (For more information see Fact Sheet): Exempts active duty military personnel who are deployed outside of Arizona from jury duty.

    For Bill: Bryan Ginter, Self (02/09/2010)

    Neutral: Jerry Landau, Administrative Office of the Courts (02/10/2010)

     

     

    SB 1241      water recharge; direct use.

     

    Purpose (For more information see Fact Sheet): Retroactive to January 1, 2009, allows the Director of the Arizona Department of Water Resources (Director) to exclude certain withdrawn groundwater when calculating a water storer’s long-term storage credit.

    For Bill: Allison Bell, Arizona Chamber of Commerce & Industry (02/08/2010); Michelle Bolton, Greater Phoenix Chamber of Commerce (02/08/2010); Jim Hartdegen, Maricopa Stanfield Irrigation District (02/08/2010); Adam Hawkins, Resolution Copper (02/08/2010); Chris Udall, Agri-Business Council of Arizona, Inc. (02/08/2010)

     

     

     

    SB 1255      health professionals; advertising; disclosure

     

    Purpose (For more information see Fact Sheet): Requires advertisements for health care services that include a health professional’s name to identify the health professional’s title and type of license.  Designates a violation of this requirement as an act of unprofessional conduct.

    For Bill: Bryan Ginter, Self (02/09/2010); David Landrith, Arizona Medical Association (02/05/2010); Amanda Weaver, Arizona Osteopathic Medical Association (02/09/2010)

     

     

     

    SB 1284      school finance revisions

     

    Purpose (For more information see Fact Sheet): Makes numerous technical and conforming changes to update statutes pertaining to school finance.

    For Bill: Bryan Ginter, Self (02/08/2010); Art Harding, Arizona Department of Education (02/09/2010)

    Against Bill: Janice Palmer, AZ School Boards Association (02/10/2010); Wylie Timmerman, Arizona AFL-CIO (02/10/2010)

    Neutral: Michael Smith, Az. School Administrators (02/10/2010)

     

     

     

    SB 1302      real estate transfers; disclosures

     

    Purpose (For more information see Fact Sheet): Classifies knowingly failing to file a complete and correct affidavit with a deed evidencing a transfer of title or a contract relating to real property as a deceptive practice.

    For Bill: Meghaen Duger, Arizona Associations of Realtors (02/09/2010); Lawrrie Fitzhugh, Self (02/09/2010); Bryan Ginter, Self (02/08/2010); Spencer Kamps, Home Builder Assoc. of Central AZ (02/09/2010); John Mangum, Arizona Association of Realtors (02/09/2010)

    Neutral: Paul Petersen, Maricopa County Assessor (02/09/2010)

     

     

     

    SB 1308      high school instruction; dating violence

                           (Now: schools; instruction; dating abuse)

     

    Purpose (For more information see Fact Sheet): Requires middle, junior high and high school students to receive instruction on recognizing and preventing dating abuse. 

    For Bill: Linda King, Self (02/10/2010); Stephanie Mayer, Arizona Coalition Against Domestic Violence (02/10/2010); Gini McGirr (02/10/2010); Ariella Nahom, Self (02/10/2010); Karen Parks, Self (02/10/2010); Erin Celeste Plumlee, Self (02/10/2010); Danielle Rothleutner, Self (02/09/2010); Bobbi Sudberry, Self (02/10/2010)

    Against Bill: Frank Bing, Self (02/10/2010); Bryan Ginter, Self (02/08/2010); Janice Palmer, AZ School Boards Association (02/10/2010); Michael Smith, Az. School Administrators (02/10/2010)

    Neutral: Seth Apfel, Self (02/09/2010)

     

     

     

    SB 1325      polygraph examinations; interviews; law enforcement

     

    Purpose (For more information see Fact Sheet): Modifies requirements regarding law enforcement or probation officer misconduct interviews, including information provided to the officer and the confidentiality of polygraph examinations.

    For Bill: Seth Apfel, Self (02/09/2010); Ray Churay, Maricopa County Sheriff's Office (02/10/2010); Don Isaacson, Fraternal Order of Police (02/07/2010); Brian Livingston, Arizona Police Association (02/10/2010); James Mann, Arizona Fraternal Order of Police (02/08/2010); Norman Moore, Fraternal Order of Police (02/09/2010); Thomas Parker, Arizona Fraternal Order of Police (02/08/2010); Bryan Soller, Arizona State Fraternal Order of Police (02/14/2010); John Thomas, Arizona Association of Chiefs of Police (02/10/2010)

    Against Bill: Bryan Ginter, Self (02/09/2010)

    Neutral: Lyle Mann, Az. Peace Officer Standards and Training Board (02/09/2010)

     

     

     

    SB 1402      special districts; secondary levy limits

     

    Purpose (For more information see Fact Sheet): Establishes statutory levy limits for secondary property taxes that are levied by county library, jail, and public health services districts.

    For Bill: Gretchen Kitchel, Pinnacle West Capitol Corp. (02/05/2010); Farrell Quinlan,  (02/10/2010); Jennifer Schuldt, Arizona Tax Research Association (02/10/2010)

    Against Bill: Barry Aarons, Apache County/Greenlee County  (02/10/2010); Mark Barnes, County Supervisors Association (02/09/2010); Kristen Boilini, Arizona Library Association (02/10/2010); Eric Emmert, Yuma County  (02/10/2010); James Palmer, Graham County (02/08/2010); Michael Racy, Pima County (02/10/2010); Jessica Stall, Arizona Library Association (02/10/2010)

    Neutral: Sean Laux, Department of Revenue (02/10/2010)

     

     

     

     

    CONSENT CALENDAR

     

    SB 1063      game and fish commission; bison

     

    Purpose (For more information see Fact Sheet): Modifies the statute pertaining to the Arizona Game and Fish Commission’s acquisition and disposition of bison and bison meat.

    For Bill: Bryan Ginter, Self (02/15/2010)

     

     

     

    SB 1124      CORP; reverse DROP; extension

     

    Purpose (For more information see Fact Sheet): Extends the date of the reverse deferred retirement option plan (DROP) offered to members of the correction officer retirement plan (CORP) until June 30, 2016.

    For Bill: Levi Bolton, Phoenix Law Enforcement Assoc. (02/10/2010); Jennifer Bowser, Arizona Department of Corrections (02/08/2010); Chuck Foy, Arizona Correctional Peace Officers Association (02/09/2010); Bryan Ginter, Self (02/09/2010); Don Isaacson, Fraternal Order of Police (02/11/2010); Brian Livingston, Arizona Police Association (02/10/2010); James Mann, Arizona Fraternal Order of Police (02/11/2010); Norman Moore, Fraternal Order of Police (02/08/2010); Thomas Parker, Self (02/08/2010); Bryan Soller, Arizona State Fraternal Order of Police (02/14/2010)

    Neutral: Dianne McCallister, PSPRS (02/11/2010)

     

     

     

    SB 1189      admissibility of expert opinion testimony...

     

    Purpose (For more information see Fact Sheet): Changes the standard used in civil actions to determine the admissibility of expert opinion testimony, from the Frye standard to the Daubert standard.

    For Bill: Joseph Abate, PhRMAand AZ Osteopathic Med. Assn. (02/09/2010); Penny Allee Taylor, Southwest Gas Corporation (02/15/2010); Jason Bagley, Intel Corporation (02/09/2010); Steve Barclay, Cancer Treatment Centers of America; Mayo Clinic (01/28/2010); Allison Bell, Arizona Chamber of Commerce & Industry (02/08/2010); Kathi Beranek, Blue Cross Blue Shield of Arizona (02/09/2010); Jason Bezozo, Banner Health (02/10/2010); Richard Bitner, AZ College of Emergency Physicians (02/10/2010); Michelle Bolton, Greater Phoenix Chamber of Commerce (02/10/2010); Wendy Briggs, American Insurance Assn. (02/10/2010); Kathryn Busby, Arizona Association of Health Plans (02/10/2010); Tom Dorn, East Valley Chambers of Commerce Alliance (02/09/2010); Eric Emmert, East Valley Chambers of Commerce Alliance (02/10/2010); Barbara Fanning, Arizona Hospital and Healthcare Association (02/10/2010); Joe Galli, Flagstaff Chamber of Commerce (02/09/2010); Courtney Gilstrap LeVinus, Central Arizona Chamber Coalition (02/08/2010); Bryan Ginter, Self (02/09/2010); Michael Preston Green, The Boeing Company (02/10/2010); Laura Hahn, Arizona Academy of Family Physicians (02/10/2010); Don Hughes, Property and Casualty Insurance Association (02/10/2010); David Landrith, Arizona Medical Association (02/05/2010); Teresa Lopez, SRP (02/10/2010); Lori Lustig, Tucson Metropolitan Chamber of Commerce (02/10/2010); Marcus Osborn, Arizona Manufacturers Council (02/09/2010); Kathleen Pagels, Arizona Health Care Assn. (02/09/2010); Patrick Paul, Self (02/10/2010); Farrell Quinlan,  (02/10/2010); Susie Stevens, Western States Petroleum Association (02/10/2010); Suzanne Taylor, Arizona Chamber of Commerce & Industry (02/08/2010); Amanda Weaver, Arizona Osteopathic Medical Association (02/08/2010); Pete Wertheim, IASIS Healthcare  (02/08/2010); Helena Whitney, University Physician's Healthcare (UPH) (02/10/2010)

    Against Bill: Paul Ahler, Arizona Prosecuting Attorneys' Council (02/06/2010); Seth Apfel, Self (02/09/2010); Janice Goldstein, Arizona Trial Lawyers Association (02/10/2010); Jon Hinz, Fairness and Accountability in Insurance Reform (FAIR) (02/10/2010); Richard Langerman, Arizona Trial Lawyers Association (02/10/2010)

     

     

     

    SB 1204      state capital postconviction public defender

     

    Purpose (For more information see Fact Sheet): Allows the state capital post-conviction public defender to provide counsel and general training to attorneys outside of the State Capital Post-Conviction Public Defender Office.

    For Bill: Michael Ryan, Self (02/08/2010)

     

     

     

    SB 1261      families of fallen officers fund

     

    Purpose (For more information see Fact Sheet): Adds additional requirements for the nonprofit corporation to which the Department of Public Safety allocates monies from the “Families of Fallen Officers” special plates. 

    For Bill: Levi Bolton, Phoenix Law Enforcement Association (02/03/2010); Cathie Buckmister, AZ Concerns of Police Survivors (02/01/2010); Jimmy Chavez, Arizona Highway Patrol Association (02/02/2010); Chuck Foy, Arizona Correctional Peace Officers Association (01/31/2010); Bryan Ginter, Self (02/02/2010); Brian Livingston, Arizona Police Association (02/03/2010); Andy Swann, AZ Concerns of Police Survivors (02/01/2010); Jim Warriner, AZ Concerns of Police Survivors (02/01/2010); John Wentling, Self (01/28/2010); Mike Williams, Arizona Police Association, PLEA (02/03/2010)

     

     

     

    SB 1268      jurisdiction; foreign judgments; defamation

     

    Purpose (For more information see Fact Sheet): Prohibits an Arizona court from recognizing foreign country judgments arising out of  defamation causes of action unless the foreign court provides at least as much protection for freedom of speech and the press as is provided in the U.S. and Arizona Constitutions.

    For Bill: Seth Apfel, Self (02/08/2010); David Bodney, Phoenix Newspapers, Inc.  (02/08/2010); Zuhdi Jasser, Self (02/08/2010); John Moody, Arizona Newspapers Association (02/08/2010)

     

     

    SB 1276      water monitoring assistance program; continuation

     

    Purpose (For more information see Fact Sheet): Continues the Monitoring Assistance Program (MAP) for ten years through January 1, 2021.

    For Bill: Sandy Bahr, Sierra Club - Grand Canyon Chapter (02/08/2010); Jim Buster, ADEQ (02/05/2010); Eric Emmert, Arizona Planning Association (02/08/2010)

     

     

     

    SB 1277      maximum daily load program; continuation

     

    Purpose (For more information see Fact Sheet): Continues the Total Maximum Daily Load (TMDL) program for ten years through July 1, 2020.

    For Bill: Jim Buster, ADEQ (02/05/2010); Lyn White, Freeport McMoRan Copper & Gold (02/08/2010)

     

     

     

    SCM 1004  federal funding; health care costs

     

    Purpose (For more information see Fact Sheet): Urges the United States Congress to ensure federal funding to cover the costs of health care services that would be required under federal health care reform legislation.

    For Bill: Pete Wertheim, IASIS Healthcare - Health Choice Arizona (02/08/2010)

     

     

     

     

     

     

    ---------- DOCUMENT FOOTER ---------

    “For” and “Against” data on bills is derived from information provided by the public to the Request to Speak system and is current as of   the date listed.

    Page 1 of 8

     

    ---------- DOCUMENT FOOTER ---------

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