Unwilling to work with the Arizona State Legislature, Governor Katie Hobbs has again chosen to exercise unilateral power in the pursuit of her progressive plans.
On Tuesday, Governor Katie Hobbs announced that she signed two Executive Orders to “restore rights and protect LGBTQ+ Arizonans.” According to Hobbs’ Office, the Orders “ensure the state employee health care plan covers medically-necessary gender-affirming surgery” and bar “state agencies from funding, promoting, or supporting conversion therapy against LGBTQ+ Arizonans.”
In a press release, the governor said, “Our LGBTQ+ community should never have to face hate and discrimination, and I will do everything in my power to fight for full equality. The State is leading by example on this issue, and we will continue working until Arizona is a place where every individual can participate equally in our economy and our workforce without fear of discrimination or exclusion.”
Today, I signed two Executive Orders restoring rights and protecting LGBTQ+ Arizonans. I'm proud the State is leading by example on this issue, and we will continue working until Arizona is a place where every individual can participate equally in our economy and our workforce… pic.twitter.com/q9CuemjV2F
— Governor Katie Hobbs (@GovernorHobbs) June 28, 2023
Legislative Republicans, already working through their options for addressing Hobbs’ recent Executive Order on abortion, were quick to react. Arizona Senate President Warren Petersen did not mince his words in response to the state’s chief executive’s latest action, tweeting, “Instead of helping struggling AZ families plagued by inflation, the governor just issued an order for taxpayers to cover the cost of elective, sex reassignment surgeries. This illegal, out of touch, unprecedented overreach did not receive proper JLBC review as required by law.”
Instead of helping struggling AZ families plagued by inflation, the governor just issued an order for taxpayers to cover the cost of elective, sex reassignment surgeries. This illegal, out of touch, unprecedented over reach did not receive proper JLBC review as required by law.
The Arizona Senate Republicans Caucus echoed its leader, writing, “Hobbs continues to show just how tone deaf she is with the majority of hard-working Arizonans. Her weak leadership abilities are on full display with every executive order and ignorant veto she drops.”
Hobbs continues to show just how tone deaf she is with the majority of hard-working Arizonans. Her weak leadership abilities are on full display with every executive order and ignorant veto she drops. https://t.co/GiD3tBJUhd
The Center for Arizona Policy immediately issued a statement to call Hobbs’ action a “dangerous power grab,” stating, “Governor Katie Hobbs should have run for the Arizona Legislature if she wanted to make law. Arizona lawmakers who represent Arizonans throughout the state are tasked with passing new laws, not the Governor. This power grab is not only partisan, but it is unwise and dangerous. What she calls “conversion therapy” amounts to basic counseling for those struggling with their gender. It is likely unconstitutional to tell therapists what they can say and citizens what therapy they can seek. It is also unconscionable to block coverage for counseling and health services sought by state employees and their dependents.”
The pro-life, pro-family organization added, “Hobbs also appears to be encouraging irreversible and experimental sex-change surgeries and drug therapies at a time when European countries are increasingly pulling back because of the damage done to so many. We also continue to see more and more people detransition after regretting the permanent effects of such drug therapies and surgeries.”
Many Democrats around the state cheered on the governor’s move, including Representative Nancy Gutierrez, who tweeted, “I was happy to be there today and witness these Executive Orders by Governor Hobbs! Our community will get the care they desire and be able to use their health insurance. I’m also grateful that no other child will subjected to harmful conversion therapy.”
I was happy to be there today and witness these Executive Orders by @GovernorHobbs ! Our community will get the care they desire and be able to use their health insurance. I’m also grateful that no other child will subjected to harmful conversion therapy. https://t.co/7pZljFUtdS
— Representative Nancy Gutierrez (@nancygforAZ) June 28, 2023
Arizona Republicans now find themselves facing a Democrat governor who is growing increasingly bolder about pushing the bounds of her constitutionally stipulated authority. Just two months ago, Hobbs went through what some might consider as the lowest moments of her fledgling administration, vetoing a wildly popular (and overwhelmingly) bipartisan “Tamale Bill,” signing a state budget that allowed Republicans to protect key priorities (such as the ESA program), and losing her chief of staff.
However, the events of the past calendar week have seemed to buoy the governor’s previously diminishing political capital, starting with her Executive Order to “centralize all abortion-related prosecutions under the Attorney General.” On Monday, after taking the weekend to contemplate a plan of response, Senator Jake Hoffman, the Chairman of the Committee on Director Nominations, announced that he was cancelling Tuesday’s hearing and requested a meeting with the Hobbs’ administration “to discuss any additional overreach (her) office intends to take requiring complicity from Executive Directors.”
After a report circulated that this meeting was “not likely” to occur, Senator T.J. Shope tweeted, “Oh…so much for that Open Door Policy we’ve heard about over and over again. I guess Governor Hobbs would rather fight it out in an adversarial court setting as opposed to an adult conversation in an office setting.”
Not to be forgotten – legislative Republicans and Governor Hobbs recently were battling over a Prop 400 solution – a fight that has been pushed to the rear-view mirror with her calculated Executive Orders at the end of this month.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
There might not be much runway left on this legislative session for Arizona legislators, but some legislators are already planning the introduction of a bill that could be introduced next year.
Arizona Senator Justine Wadsack tweeted Sunday, “I plan to introduce legislation that removes the power of the County BOS from choosing people to replace legislators who are Expelled or Resign. We must put the power in the hands of the PCs, who’s authority currently ends at presenting (3) candidates for the BOS to choose from.”
I plan to introduce legislation that removes the power of the County BOS from choosing people to replace legislators who are Expelled or Resign.
We must put the power in the hands of the PCs, who's authority currently ends at presenting (3) candidates for the BOS to choose from.
— AZ Senator Justine Wadsack (@Wadsack4Arizona) June 25, 2023
Wadsack explained her reasoning with a follow-up post, writing, “The Precinct Committeemen (PC) know who they want. Each PC represents their precincts & therefore know what THE PEOPLE want. The County BOS knows who to appoint based on what the political machine wants. It’s time to change the process to fit the needs of the people.”
The Precinct Committeemen (PC) know who they want. 👍🏼
Each PC represents their precincts & therefore know what THE PEOPLE want. 👍🏼
The County BOS knows who to appoint based on what the political machine wants. 👎🏼
It’s time to change the process to fit the needs of the people.
— AZ Senator Justine Wadsack (@Wadsack4Arizona) June 25, 2023
The Senator received support for this bill from one of her colleagues in the House of Representatives, Austin Smith, who tweeted, “The opponents of something like this are TOTALLY ok with politicians having the final say picking their representatives and senators. Where are the champions of Democracy now?
The opponents of something like this are TOTALLY ok with politicians having the final say picking their representatives and senators. Where are the champions of Democracy now? 🤣 https://t.co/MIWGdlWq3y
When cautioned against proceeding with this idea with a Democrat governor, Smith responded, “Likely won’t need to the governor, may need to send this to the ballot as a constitutional amendment.”
Likely won’t need to the governor, may need to send this to the ballot as a constitutional amendment.
The issue of selecting replacements at the Legislature during session became inflamed last month when Senator J.D. Mesnard took to the floor of his chamber to address the Maricopa County Supervisors’ ongoing consideration of two legislative vacancies in both the House and the Senate. Mesnard’s frustrations boiled over on the Senate floor as he laid out his charge against the Supervisors’ alleged delay in filling the two vacancies for 19 (Senate vacancy) and 20 (House vacancy) days. He informed his colleagues that “the length of these vacancies is the longest, while we’ve been in session, in half a century – 56 years!” The East Valley lawmaker also said that 8.76 days is the historical average to fill the vacancy.
Senator Mesnard spoke on behalf of the 120 Republican precinct committeemen who rearranged their schedule back in April to nominate the three individuals to fill the open House seat. He bemoaned the fact that such a lengthy delay was not previously an issue, and he hinted that maybe his colleagues should take future action to change the statute to force the county board of supervisors to act with more urgency when filling vacancies during a legislative session. He stated that the “Board of Supervisors should have held a special meeting to hasten what should be an important priority for them.”
Both of the vacancies for the Legislature were filled by the Maricopa County Supervisors soon after Mesnard’s address on the Senate floor. However, that didn’t stop Republican legislators from plotting a change in the law on this front.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
Earlier this month, Tucson outlawed lawns and reduced water flow in new constructions.
The Tucson City Council approved the changes through two action items presented during a regular meeting. Both measures were proposed to increase water conservation.
The lawn ban, Ordinance 12005, targets “ornamental turf” — that is, grass intended only for aesthetic, not functional or practical purposes. Functional turf would be considered grassy areas such as school playgrounds, parks, sports fields, dog parks, or golf courses. Other drought-hit states like California have imposed similar bans on ornamental turf. In 2021, Nevada became the first state to ban ornamental turf, which goes into effect in 2027.
The council explained in a public statement that they originally wanted to ban ornamental turf in new developments only. However, stakeholders and the public expressed concern that the ban wouldn’t result in meaningful water conservation since new developments already have minimal allowance for ornamental turf.
Tom Prezelski with Rural Arizona Action spoke in favor of the issue. Prezelski was formerly a state representative, tribal planner for the Tohono O’odham Nation and Pascua Yaqui Tribe, coordinator for the Stop Corruption Now Arizona campaign, quality control specialist with CHISPA, and coordinator with the Arizona Democratic Party.
The water flow reduction, Ordinance 12009, requires new constructions to use Environmental Protection Agency (EPA) WaterSense certified fixtures. WaterSense, a voluntary EPA partnership, products and services use at least 20 percent less water, seeking to cut into the national average of 82 gallons used by Americans daily at home.
WaterSense began through talks in 2004 with stakeholders prior to launching in 2006 in San Antonio, Texas at the American Water Works Association’s Annual Conference & Exposition.
The city approved the ordinance unanimously; no citizens issued public comment on the subject.
Councilman Steve Kozachik asked whether there would be leeway for builders who run into supply chain issues — something that has plagued the country throughout the last few years. City officials said that builders could apply for a waiver through their building official.
Watch the council discussion of the two water conservation items here:
Tucson, along with the city of Phoenix and the state, also traded away its Colorado River water rights in exchange for federal infrastructure funding. The city received $44 million for the deal; Phoenix received $60 million.
The funds come from the Inflation Reduction Act (IRA) and the Bipartisan Infrastructure Law (BIL). Those two laws set aside a combined $15.4 billion to combat drought.
Gov. Katie Hobbs forfeited three million acre-feet of Colorado River water rights over the next three years. That plan, the Lower Basin Plan, equates to $1.2 billion in federal funding altogether. Hobbs splits the funding with the two governors who signed onto the plan: California Gov. Gavin Newsom and Nevada Gov. Joe Lombardo.
#Tucson is setting the standard in water conservation. Under my leadership and the Council, the City of Tucson has signed an agreement with @usbr to voluntarily reduce our #water allocation from the #ColoradoRiver. https://t.co/WWgYY8PeMP
Arizona’s Republican-led Legislature is taking action after the state’s Democrat governor’s attempt to legislate by executive order when it comes to abortion.
On Monday, Senator Jake Hoffman, the Chairman of the Committee on Director Nominations, announced that he was canceling the next hearing “with support of the Republican Majority serving on the committee to determine Hobbs’ future intentions to further act beyond her authority.”
The Committee had been formed in February by Arizona Senate President Warren Petersen, who tasked the members with “gathering information and evaluating qualifications on the governor’s executive appointments in order to recommend a course of action for the Senate to take on each individual.” This committee had been created alongside the governor’s reticence to send many of her nominations to the Senate as required by state law.
The three Republican members of the committee – Hoffman, Sine Kerr, and T.J. Shope – sent a letter to Hobbs on Monday, informing her that she holds “the office of Governor in Arizona, not of monarch.” They wrote that her Friday executive order shows “a blatant disregard for constitutional separation of powers” by attempting “to seize lawmaking duties from the Legislature and law interpretation authority from the United States Supreme Court.”
These Republicans requested a meeting with the Hobbs’ administration “to discuss any additional unlawful overreach (her) office intends to take requiring complicity from Executive Directors,” telling the governor that they have “grave concern that the direction (she) intends to provide to (her) nominees will not allow them to fulfill this obligation (of thoroughly and objectively evaluating nominees for their commitment to execute Arizona laws, rather than create new public policies that conflict with the constitutionally established separation of powers).”
A Senate Republican Caucus spokesperson told AZ Free News that the chamber has received 21 director nominations from Hobbs, with 12 awaiting their confirmation hearings.
Hoffman released the following statement in conjunction with the release, saying, “Katie Hobbs’ reckless abuse of power and willful disregard for the separation of powers established by the Arizona Constitution sets a dangerous precedent that will not be tolerated by the Republican Majority within the Legislature. The Senate Committee on Director Nominations was created to honestly, accurately and thoroughly vet directors appointed by the Governor to critical state agencies so that only highly qualified, non-partisan individuals seeking only to serve the best interests of our citizens within the confines of these roles are confirmed. Their duty is to follow statute as prescribed by the Legislature. We are now forced to redirect our attention, from confirming directors and creating good policy for the people of Arizona, to examining the fallout of Hobbs’ unconstitutional maneuver, as well as the likelihood of future overreaches of her authority.”
"Katie Hobbs' reckless abuse of power and willful disregard for the separation of powers established by the Arizona Constitution sets a dangerous precedent that will not be tolerated by the Republican Majority within the Legislature.
— Arizona Freedom Caucus (@AZFreedomCaucus) June 26, 2023
Shope also issued a comment on the action from the Committee’s Republicans, stating, “Hobbs undermining our democracy by ordering these state agency Directors to act illegally is a clear violation of the constitutional separation of powers. Instead of working with Republican lawmakers on the issues that matter to our citizens, like crippling inflation, gas prices, housing costs, public safety and water security, Hobbs is gleefully attempting to circumvent the Legislature. We can’t in good faith be an accomplice to her radical and unlawful agenda.”
The third Republican on the Committee, Kerr, wrote, “We have serious concerns this Governor will put her Directors in the difficult position of choosing to follow the law or choosing to follow her unconstitutional directives. The important work of the Committee on Director Nominations cannot continue until we have assurances from the Governor that she will cease her attempts to circumvent the laws of this state and the rulings of the United States Supreme Court.”
Arizona Senate Democrats quickly pushed back on Hoffman’s revelation. Senate Democratic Caucus Chair Lela Alston issued a statement, writing, “Senator Jake Hoffman has once again shown his disregard for government and everyday Arizonans. By failing to schedule the confirmation hearings for the Governor’s nominees, he shows how ineffective and partisan the Republican party in Arizona truly is. I am disgusted by this move of extremism and call on his leadership to rectify his foolish actions.”
— Arizona Senate Democrats (@AZSenateDems) June 26, 2023
Another Senate Democrat leader, Caucus Whip Eva Burch, also weighed in on the Republicans’ action, saying, “Our job as elected officials is to serve the people of Arizona, not to engage in political sport to try to sabotage politicians we disagree with. The move to cancel all nominating committees is a disservice to the people who elected us to get these things done. Leaving our departments with uncertainty and without established leadership is irresponsible. It’s time to do our jobs and work together effectively and responsibly.”
“…a disservice to the people who elected us to get these things done.”
— Arizona Senate Democrats (@AZSenateDems) June 26, 2023
Hobbs’ Friday news dump caught most Republicans by surprise but didn’t limit the outrage and resolve from pro-life officials and advocates over the weekend. Arizona House Speaker Ben Toma told AZ Free News that “the Governor cannot unilaterally divert statutory authority to prosecute criminal cases from Arizona’s 15 county attorneys to the Attorney General.” President Petersen opined that “this is another do-nothing executive order meant to pander to her liberal base and create unnecessary division on polarizing topics.” Center for Arizona Policy President, Cathi Herrod, asserted, “The law does not allow her to strip county attorneys of their clear enforcement authority as granted in various Arizona laws.”
Earlier this year, Republican leaders at the Arizona Legislature celebrated their “successful intervention(s) in cases to defend state laws and fight against federal overreach.” One of those cases was the SB 1457 (or Isaacson) litigation, where “a federal court granted Speaker Toma’s and President Petersen’s motion to intervene to defend a law that prohibits abortions based solely on a child’s genetic abnormality after Arizona Attorney General Mayes stated she would not defend the law.”
✅FOR IMMEDIATE RELEASE✅
Arizona House of Representatives Celebrates Successful Intervention in Cases to Defend State Laws and Fight Against Federal Overreach.
— Arizona House Republicans (@AZHouseGOP) April 27, 2023
Hoffman’s decision to cancel Tuesday’s hearing will likely not be the last of the actions legislative Republicans could take to stand against Hobbs’ executive order.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
Arizona has received another round of federal funding to establish universal high-speed internet: a total of $993 million.
On Monday, the Biden administration announced $42.45 billion in infrastructure funding to establish high-speed internet to all households in all 50 states, the District of Columbia, and the five territories. The Biden administration dubbed the initiative the Broadband Equity Access and Deployment (BEAD) program.
Arizona ranked 20th in terms of receiving the most funding. Texas far surpassed other states in its award for funding: over $3.3 billion. The state with the second-highest award was California at over $1.8 billion. The remaining top-20 recipients for federal funding received anywhere from $1 to $1.7 billion.
In a press release, the White House noted that the federal funding represented the initiation of an “Administration-Wide Investing in America Tour.” The press release wasn’t without bugs: the first link in the announcement was faulty as of press time.
Users attempting to follow the Biden administration’s link were met with an “Access Denied” error message on the Biden administration’s independent website for its Internet for All initiative. The page was intended to offer information about the BEAD program as well as total federal investment in high-speed internet throughout all 50 states and the territories.
The White House press release also claimed that over 8.5 million households and small businesses exist in areas without high-speed internet. The Biden administration compared the BEAD program to Franklin Delano Roosevelt’s initiative to bring electricity to all homes through the Rural Electrification Act.
The Biden administration promised that the $42.45 billion investment would assure total internet coverage by 2030.
The tens of billions only account for part of total spending on expanding mass internet accessibility issued just earlier this month.
The Biden administration awarded $714 million through the U.S. Department of Agriculture (USDA), of which Arizona’s Colorado River Indian Tribes received $25 million to benefit just under 2,000 people, 41 businesses, three farms, and four educational facilities in La Paz County. Additionally, the administration gave nearly $3.5 million to provide fiber cable internet to 24 people and one farm in Coconino County. The administration also awarded $930 million through the U.S. Department of Commerce.
In order to encourage usage of the infrastructure, the Biden administration arranged a deal with internet providers to ensure discounted internet. Regular households receive a discounted rate of up to $30 per month, while tribal households receive a discount of up to $75 per month through the $14.2 billion Federal Communications Commission’s (FCC) Affordable Connectivity Program.
There are nine other federal programs dedicated to establishing high-speed internet everywhere in addition to the FCC program: the Broadband Infrastructure Program ($288 million), Capital Projects Fund ($10 billion), Connecting Minority Communities Program ($268 million), Digital Equity Act Programs ($2.75 billion spread across three grant programs), Enabling Middle Mile Broadband Infrastructure Program ($1 billion), ReConnect Loan and Grant Program ($1.9 billion), State Digital Equity Planning Grant Program ($300 million), and Tribal Broadband Connectivity Program ($3 billion).
Altogether, these nine programs total over $33.7 billion. Biden was authorized to use up to $65 billion for broadband through the Infrastructure Investment and Jobs Act signed in November 2021. There’s also $25 billion allocated for internet through the American Rescue Plan.
Nearly all of the nine programs have an equity focus, prioritizing certain communities over others.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
The city of Phoenix received $10 million in federal funding to establish an equitable “Cultural Corridor” near Phoenix Sky Harbor Airport.
The city announced the funding over the weekend, which originated from the Rebuilding American Infrastructure with Sustainability and Equity (RAISE) program. The $10 million came from $1.5 billion in a discretionary fund through the RAISE program opened up in December.
With these recent RAISE funds, the city of Phoenix will develop vacant lots west of the airport. In a press release, the city identified neighborhood stability, identity creation, and economic expansion as their primary goals.
Although the $10 million came this month, final drafting for the Cultural Corridor was published in April 2020. According to these draft plans, the corridor will serve as a multicultural heritage trail navigable via public transit.
Seven individuals were proposed as those to be featured on the trail: Father Albert Braun, Cesar Chavez, Sister Mary Luca Junk, Silvestre Herrera, Wing Ong, Calvin & Georgie Goode, and John Lewis. Each individual will receive their own themed “zone” within the Cultural Corridor: the Goode-Luca-Ong Community Champion Zone, the Silvestre Herrera Heroism Zone, the Cesar Chavez Labor & Civil Rights Zone, the Father Albert Braun O.F.M. & Medallion of Honor Zone, and the Anne Ott Education Zone.
Additionally, seven landmarks were selected: Historic Sacred Heart Church, Santa Rita Center, Ann Ott School, Silvestre Herrera School, Tanner Church and other churches in the area, Austin Market, and neighborhood parks.
The draft plan also identified 65 properties that were either currently listed as or eligible to be enlisted as historic at the national or local level.
The final draft for the corridor also identified seven areas as historic neighborhoods: the Eastlake Park Neighborhood, El Campito Barrio, Golden Gate Barrio, Cuatro Milpas Barrio, Ann Ott Neighborhood, Green Valley Neighborhood, and Rio Salado San Juan Bautista Neighborhood.
This is the latest round of federal funding for the project. The city received a Federal Aviation Administration (FAA) grant for its implementation phase from 2017 to 2019.
Mayor Kate Gallego said in the weekend press release that the grant would issue warranted recognition to communities surrounding the airport.
“This grant will enable us to honor the legacies, histories, and identities of existing communities while also improving safety and mobility in the region,” said Gallego.
The Cultural Corridor arose from the airport’s Land Reuse Strategy that first began in early 2016. Developments on the vacant land include a workforce training center, mixed-use residential properties, commercial lots abutting mixed-use office spaces, and a public park adjacent to a commercial recreation facility. The Cultural Corridor would run from the light rail terminal near East Washington and South 7th streets, down South 16th Street, along East Buckeye Road, along East Pima Street, and southbound past the I-17 until it hits the Rio Salado River.
Several private developments will be established near the light rail terminal where the Cultural Corridor begins: apartments, mixed-use residential, condominiums, commercial spaces, and a hotel.
RAISE grants aren’t the only source of DOT funding for infrastructure. In March, Tucson received another $900,000 from the DOT’s Reconnecting Communities Program to build another biking and pedestrian bridge, covering about 56 percent of the total project cost of $1.6 million. They were approved while 10 other Arizona cities, counties, and one nonprofit were denied funding. The DOT revealed that it prioritized projects engaged in equity and environmental justice work.
The debut of the Biden administration’s RAISE grants saw one award in Arizona: over $10.6 million to the city of Yuma to convert a historic building into a multimodal public transit center. Project costs totaled over $17.7 million.
RAISE is a continuation of its predecessors dating back to 2009, former President Obama’s first year in office: formerly Better Utilizing Investments to Leverage Development (BUILD) and initially Transportation Investment Generating Economic Recovery (TIGER). Through 2022, all three programs have issued over $12.1 billion in grants for 934 projects, 18 of which were Arizona-based projects. RAISE alone has issued over $3.2 billion in grants to 255 projects since launching in 2021.
Last year, the RAISE program gave over $75 million to four projects in Arizona: $261,000 to Navajo County for a regional multimodal planning study of 16 miles of pedestrian and bicycle pathway (total project cost: $290,000); $25 million to Phoenix to build a bicycle and pedestrian bridge over the Rio Salado River (total project cost: $34.5 million); $25 million to Tucson to rebuild a bridge less than a mile in length, expand a street from four to six lanes, and build a new bicycle and pedestrian bridge (total project cost: $95.4 million); and nearly $25 million to the Colorado Indian River Tribes to reconstruct 10 miles of road.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
