As many California residents head east to Arizona in response to policies they find objectionable, Maricopa County appears to be taking a leap toward adopting some of those same policies.
The Maricopa Association of Governments (MAG) recently contracted with a California-based consulting firm to “identify and evaluate new and available ozone precursor control measures that could be implemented within the nonattainment area” – which is an “eight-hour ozone boundary for the 2015 ozone standard (2015 National Ambient Air Quality Standard). According to the Final Report from the consulting firm, the area runs north to south from the Yavapai County line to Hunt Highway; and west to east from 499th Avenue to the Gila and Pinal County lines.
One of the geneses of this report stems from a little-discussed published rule from the U.S. Environmental Protection Agency (EPA) in fall 2022, which moved “the region up the severity ladder for ozone pollution, reclassifying the region from ‘marginal’ to ‘moderate’ nonattainment for the ozone pollution standard.
In a press release dated September 2022, MAG revealed that “in 2015, the EPA tightened the ozone pollution standard from 75 parts per billion to 70 parts per billion,” and that the region encompassing “Maricopa County and portions of Pinal County missed that deadline.”
MAG wrote in the September release, that “the moderate nonattainment area classification requires new actions and measures, including:
New control measures to reduce the types of emissions that create ozone.
Emission offset requirement for new, large facilities locating in the nonattainment area and major expansions to large, existing facilities, which are required to offset every ton of emissions by 1.15 tons.
Contingency measures (i.e., measures to be deployed if the nonattainment area does not meet yearly emission reduction milestones).
Potential emission controls for intrastate facilities or other emission sources located outside the Phoenix-Mesa nonattainment area.”
Enter the consultant’s Final Report this spring, which suggested “approximately 50% reduction in nonattainment area anthropogenic NOx and VOC emissions” in order to bring the region into compliance with the EPA’s standard by an August 3, 2024, deadline. An Arizona Department of Environmental Quality Division Director recently admitted that “Maricopa County businesses and residents have done a fantastic job of reducing ozone pollution by 12.5 percent since 2000.” But Maricopa County would have to exponentially and substantially pick up the pace of slashing emissions in just over one year – compared to the two-plus decades of work to cut pollution by 12.5 percent. And that is likely impossible.
But MAG is still planning to move forward with this plan, and to meet this deadline, it included suggested measures to reduce ozone in the Maricopa Nonattainment Area to meet Clean Air Act requirements related to the 2015 ozone standard. Some of the suggested measures include adopting standards similar to California like banning the internal combustion engine, banning gas appliances, and a host of regulations on various business activities.
There is a tight turnaround for approval of these drastic measures to cut emissions in Maricopa County. Before the end of April, the “MAG Regional Council may approve the Draft Suggested List of Measures” after receiving recommendations from the MAG Management Committee. Then, over this summer, “implementing entities provide commitments to implement measures, or reasoned justification for non-implementation, to MAG for inclusion in a nonattainment area state implementation plan submission to EPA.”
The EPA guidance instructs that “states should consider all available measures, including those being implemented in other areas, but must adopt measures for an area only if those measures are economically and technologically feasible and will advance the attainment date or are necessary for reasonable further progress.” According to the March 6 Draft Suggested List of Measures to Reduce Ozone in the Maricopa Nonattainment Area, “if an entity decides that a measure on the Suggested List is not available or feasible for implementation, the entity will provide a justification for why the measure is not available or feasible.”
Cities, towns, and Maricopa County may soon be forced to decide between complying with extremely onerous measures to bring down a tremendous amount of emissions in a hurry or losing out on a generous offering of federal dollars (along with financial penalties that could be levied against those jurisdictions), setting up a potential battle over federalism that will determine Maricopa County’s (and eventually Arizona’s) commitment to its libertarian and freedom-minded roots or deviation to California’s environmentalism policies and politics.
Arizona Legislative Republicans and Democrats are continuing their legendary clashes over a bill that would severely punish unlawful exposures to minors.
SB 1698, sponsored by Senator Justine Wadsack, “establishes unlawful exposure to an adult oriented performance or business as a class 4 felony offense punishable as a dangerous crime against children and requires a person convicted of the offense to register as a sex offender,” according to the overview provided by the Arizona House of Representatives.
In a video explanation of the genesis behind this bill’s introduction, Senator Wadsack said she “felt a conviction to create this bill after coming across events like the drag queen story hours, which involve sexual adult performance in sexually explicit attire, reading books to children – often elementary school age.”
"I'm passionately working on a bill which establishes the offense of unlawful exposure to an adult oriented performance or business and classifies a violation as a class 4 felony."
In February, SB 1698 passed both the Senate Judiciary and Rules Committee, before it was approved by the entire Senate chamber in early March by a 16-14 party-line vote. Before the vote on the Senate floor, Senator Wadsack inserted a five-part floor amendment, which (among other things) removed the definition of “drag show” from the original bill.
After the final Senate action on the bill, it was transmitted to the Arizona House of Representatives, where it was assigned to the House Judiciary Committee.
#SB1698: My bill just passed in the Senate! It makes it unlawful for adult oriented performances, such as Drag Queen Story Hour as it specifically targets children.
— AZ Senator Justine Wadsack (@Wadsack4Arizona) March 2, 2023
This week, the House Judiciary Committee considered the bill, and, after vigorous debate, passed it by a vote of 5-3. All Republicans voted to affirm the legislation, and Democrats voted to oppose. House Democrats labeled SB 1698 as one of the chamber’s “hateful bills,” linking the policy proposed by Wadsack to a hypothetical outcome that would see the end of “school-play versions of Shakespeare’s Twelfth Night.”
Hateful Bills Alert 🚨 Sen. Justine Wadsack’s SB1698 criminalizing drag shows in House Judiciary 9am. And SB1026 Sen. John Kavanagh’s bill to ban state funding for drag performances (House Government 10 am) so fare thee well school-play version of Shakespeare’s “Twelfth Night.” pic.twitter.com/BY9hOpfK2Z
House Judiciary Committee Republicans made their voices heard during this hearing, pushing back against individuals speaking out against the bill and their colleagues from across the aisle. Representative Alexander Kolodin said, “All this bill does is prohibit parents from taking their kids to a sex show or a drag show. It’s common sense. How could you be against that?”
Representative Cory McGarr stated that “there is a growing trend that for some reason we are pushing hyper-sexual material on children. But to oppose this bill on the merit, to me, seems completely insane.”
Countering the naysayers of the bill, the bill sponsor, Senator Wadsack, previously clarified what her legislation does or does not do: “This bill does not target entertainers who are performing for adults. This bill also deals with individuals providing adult entertainment to minors, which is absolutely what crosses the line.”
Representatives from the National Association of Social Workers, Children’s Action alliance, American Civil Liberties Union of AZ, AZ Attorneys for Criminal Justice, and Planned Parenthood Advocates of Arizona registered in opposition to the bill during the legislative process.
SB 1698 is expected to make its way to the House floor for a vote in the near future.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
A bill meant to add transparency to Arizona’s elections is approaching its final hurdle in the Legislature.
HB 2722, sponsored by Representative Gail Griffin, “authorizes the officer in charge of elections, the county recorder or any person who is designated by the county board of supervisors to count all or any portion of the ballots in an election by hand” – according to the purpose provided by the Arizona Senate.
In a statement to the House Municipal Oversight & Elections Committee, Representative Griffin explained the purpose of her legislation: “It’s a simple bill. It allows the counties to do a hand count. We believe that they already have the authority to do it, but this clarifies it.”
Last month, Griffin’s bill cleared the Arizona House by a party-line 31-28 vote – with one member (Representative Shah) not voting. Before the action from the full chamber, HB 2722 passed the House Municipal Oversight and Elections Committee with a 6-4 tally; all Republicans voting in favor of the legislation and all Democrats in opposition).
After the House transmitted this bill to the Senate, it was assigned to the Elections Committee, chaired by Senator Wendy Rogers. Rogers recently brought HB 2722 up for consideration, and it passed out of her committee with another party-line vote of 5-3.
During the committee hearing, Representative Griffin stopped by to testify for her bill. She told the members of the committee that she had worked with the Cochise County Recorder David Stevens on the bill’s language.
Democrat Senator Anna Hernandez had some harsh words for the bill sponsor before voting against the bill in the Senate committee: “I’m not inclined to support any legislation that is being pushed by someone who runs an institute that posts conspiracy theories…around elections.” Another fellow Democrat on the committee, Senator Mendez, added, “Advocates, policy advisors – everyone has noted to us that hand counts only produce inaccurate results, confused voters, and consume extensive time, money, and labor…We should not be inviting all of this chaos and pretending as if this is going to solve our problems.”
Senator Rogers had the final word on the bill before it officially passed her committee, saying, “Whatever it takes to get accurate, reliable results – because 250 years of blood and treasure have been spilled for our sacred vote.” She also read a 2019 quote from then-U.S. Senator Kamala Harris, which stated: “This shouldn’t be a controversial statement: The United States must embrace hand-marked paper ballots.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
As more bills make their way to Democrat Governor Katie Hobbs’ office, the rate of usage for her veto stamp has accelerated.
On Monday, Governor Hobbs vetoed four pieces of legislation that were recently transmitted from the Legislature to her office, giving her a total of 24 vetoes for this session.
The bills that Hobbs vetoed were HB 2427 (sponsored by Representative Matt Gress), HB 2440 (sponsored by Representative Gail Griffin), HB 2472 (sponsored by Representative Steve Montenegro), and HB 2056 (sponsored by Representative Lupe Diaz).
HB 2427 would have classified, “as aggravated assault punishable as a class 3 felony, assault against a pregnant victim if the person knows or has reason to know the victim is pregnant and circumstances exist that classify the offense as domestic violence.” In her veto letter, Hobbs pointed to “Arizona’s leading advocacy organization for victims of domestic violence” saying that the bill “will do nothing to deter domestic violence offenses or support pregnant victims.”
This bill garnered the most outrage out of the four Hobbs vetoed Monday. Bill sponsor, Matt Gress, responded on Twitter, saying, “Regarding HB 2427, I’ll never apologize for toughening penalties on abusers who assault pregnant women.”
Regarding #HB2427, I’ll never apologize for toughening penalties on abusers who assault pregnant women.
I also agree with Governor Hobbs that we should increase assistance to victims. That’s why I introduced #HB2805 that would provide an additional $5M for crime victims. https://t.co/iD7oguW9ut
— Arizona Freedom Caucus (@AZFreedomCaucus) April 4, 2023
However, as expected, Legislative Democrats cheered the governor’s veto of this bill immediately following the announcement from her office. Senator Anna Hernandez said, “This veto was crucial for protecting Arizonans from an underhanded attack on reproductive justice. Representative Gress and the Joint Republicans Caucus’ continued assault on our rights to safe and accessible abortion indicate that their ‘pro-life’ stance has always been about control not care.” And Representative Analise Ortiz added, “The Arizona Coalition to End Sexual and Domestic Violence agreed that HB 2427 did nothing to protect survivors. To prevent domestic violence, we must invest in real solutions by expanding access to counseling, housing, childcare, and economic stability.”
For Immediate Release: “The Right Decision” – Democratic Judiciary Leads Applaud Hobbs Veto to Protect Reproductive Healthcare pic.twitter.com/6g5K9dx7nA
— Arizona Senate Democrats (@AZSenateDems) April 3, 2023
HB 2440 would have required “public power entities and public service corporations to prioritize reliable and affordable electric service when conducting infrastructure planning and investments.” Hobbs justified her decision by writing that the bill “is unnecessary and creates regulatory uncertainty in instances where affordability and reliability may be at odds.”
HB 2472 would have prohibited “the State of Arizona from requiring a bank or financial institution to use a social credit score when the bank or financial institution evaluates whether to lend money to a customer.” Hobbs explained that she believed “this bill is overly vague and should not be codified into law,” in part, because “it does not define ‘social credit scores’ – nor do those systems exist anywhere in the United States.”
HB 2056 would have exempted “a dry wash, arroyo, swale, gully or rill or other similar erosional feature that is characterized by low volume, infrequent or short duration flows from the Dredge and Fill Permit Program.” Hobbs argued that this bill created “regulatory confusion and uncertainty by forcing an unnecessary conflict between state law and the federal determination of Waters of the United States.”
House Speaker Ben Toma addressed the pattern of vetoes from the Ninth Floor of the Arizona Executive Tower, stating: “Issuing vetoes is easy. Actual leadership requires hard work, and Republicans in the legislature will continue to pass good public policies that make the state better for working Arizonans and families.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
Democrat Governor Katie Hobbs leveled a Republican-led effort to protect Second Amendment rights in Arizona with her 18th veto of the legislative session.
Governor Hobbs vetoed SB 1096, which “prohibits a public entity from entering into a contract of $100,000 or more with a company to acquire or dispose of services, supplies, information technology or construction unless the contract includes a written certification that the company does not, and will not, discriminate against a firearm entity or firearm trade association.”
Earlier this month, the bill sponsor, Senator Frank Carroll, touted his legislation and its importance to Arizonans, writing: “I sponsored SB 1096, which would prohibit the government from doing business with companies that discriminate against those who are involved within the firearms industry, whether that’s a manufacturer, a trade association or other entity. Over the past several years, the left has failed at infringing on 2nd amendment rights through legislation, so they’re now attempting to hurt the firearms industry through financial means. The government should not enable this practice.”
In this week's edition of "The Carroll Chronicle," @RepFrankCarroll discusses his efforts at the Legislature to protect 2nd amendment rights, improve your drive in the West Valley and a special St. Paddy's Day tribute. ⬇️ pic.twitter.com/6AqxzViULd
Carroll mentioned that this bill was his third try to pass this policy through the Arizona Legislature.
Hobbs explained the reasoning for her veto in a customary letter to Senate President Warren Petersen, saying, “This bill is unnecessary and, if enacted, could result in banks leaving Arizona’s market. This would limit competition and increase costs for local governments, costs which ultimately fall on taxpayers.”
The National Rifle Association (NRA) took note of Hobbs’ veto and signaled its immediate displeasure in the action soon after it was announced. The NRA Institute for Legislative Action stated, “Yesterday, Governor Katie Hobbs vetoed Senate Bill 1096, which would have discouraged businesses from discriminating against the firearm industry by preventing Arizona taxpayer dollars from going to those that engage in such practices. This is not surprising, as Gov. Hobbs signaled her hostility towards Second Amendment rights last year by accepting the endorsements of national anti-gun groups. NRA thanks the lawmakers who worked to pass such a critical bill from the Legislature. This veto highlights how defending the Second Amendment is a never-ending task. Law-abiding gun owners must remain vigilant and continue to work to elect officials who will uphold their rights.”
The Senate passed Carroll’s bill back in February with a party-line 16-13 vote (with one Democrat member not voting). The House recently took up the proposal and cleared it with another party-line tally (31-29), paving the way for the legislation to be sent to the Governor’s Office.
During the legislative process, representatives from the Arizona Association of Counties, Chandler Chamber of Commerce, County Supervisors Association of Arizona, Arizona National Organization for Women, State Conference NAACP, and ACLU of Arizona registered in opposition to SB 1096.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
