A Republican State Senator is outraged after the Democrat Attorney General issued a recent response to a legislative inquiry about prevailing wage ordinances.
On Thursday, Democrat Attorney General Kris Mayes answered a 1487 complaint from Senator Catherine Miranda, who had previously asked if “a city may enact a prevailing wage ordinance that requires contractors on municipal public works contracts to pay their workers no less than the wage rates that prevail for their trade in their geographic location.”
Mayes affirmed that “a city may regulate the minimum wages paid within its geographic boundaries under Arizona Revised Statutes $ 23-364(1), so long as those wages are not less than the statewide minimum wage.” The attorney general added that “this authority includes the ability to require that employees of contractors on local public works projects be paid not less than the prevailing wage.”
This reply from Attorney General Mayes attracted the attention of one Republican lawmaker in particular, Senator T.J. Shope. The legislator took to Twitter to express his displeasure with the state’s top cop, writing, “This is a completely outside of the law interpretation by Attorney General Kris Mayes. If this were legal, why have the unions run bills at the Legislature every year to make prevailing wage legal, including a bill I once ran? I don’t have a problem with cities entering in to contracts with labor per se but do it the right way AND legally. My hope is a lawsuit will be filed immediately to challenge this ILLEGAL opinion by the AG. The AG should have run for Legislature if she wanted to enact law.”
This is a completely outside of the law interpretation by @AZAGMayes@krismayes. If this were legal, why have the unions run bills at the Legislature every year to make prevailing wage legal, including a bill I once ran? I don’t have a problem with cities entering in to contracts… https://t.co/00ZMwDX3d5
Senator Shope may have been upset with Mayes’ opinion, but others around the state were not. Phoenix Councilwoman Laura Pastor tweeted, “Labor workers deserve to be compensated for their work. For years, I have consistently supported and pushed for prevailing wage – and I will continue to do so.”
ICYMI: AZ Attorney General @krismayes just released her opinion on Arizona cities enacting a prevailing wage ordinance.
Labor workers deserve to be compensated for their work. For years, I have consistently supported and pushed for prevailing wage — and I will continue to do so. pic.twitter.com/4CTaPf9qiv
— Councilwoman Laura Pastor (@PHXDistrict4) June 15, 2023
Phoenix Vice Mayor Yassamin Ansari wrote, “Attorney General Mayes’ opinion is clear: cities may enact a prevailing wage ordinance to ensure that workers are paid fairly and competitively. I look forward to voting YES (again) for a strong Phoenix policy by the end of this year.”
.@AZAGMayes’s opinion is clear: cities may enact a prevailing wage ordinance to ensure that workers are paid fairly and competitively.
I look forward to voting YES (again) for a strong Phoenix policy by the end of this year. pic.twitter.com/gngXvxdn33
— Vice Mayor Yassamin Ansari (@District7PHX) June 15, 2023
Ansari’s comment was referencing a back-and-forth saga over a prevailing wage ordinance in the City of Phoenix earlier this year. In March, five members of the City’s Council voted to approve the Prevailing Wage Ordinance for City Projects to “ensure that (Phoenix’s) development growth is match with the skilled labor (the city) urgently needs when (Phoenix) invests in the growth of (its) communities.”
This action from Phoenix led to the threat of litigation from the Goldwater Institute, which sent an April letter to the Phoenix City Council to “express serious concerns” about the passage of the Ordinance, warning that if “the enacted version of the ordinance regulates matters that are expressly pre-empted by state law, it exposes the City to a high risk of litigation.” After the first Phoenix Council vote, there was a change in two seats, leading to another vote by the Council to repeal the Ordinance.
Mayor Kate Gallego was among the votes to repeal the Ordinance. She stated at the time, “I believe in doing things the right way, not the fast way, and that’s what we decided to do today. I am optimistic that we will find a path forward for better pay for construction workers while, at the same time, put sound policy on the books that survives legal challenges.”
Workers deserve a living wage—and we can deliver that through a robust, public process that doesn’t put the city in legal and financial jeopardy. That’s why I voted with a majority of Council to direct city staff to find legally viable ways to increase wages on city projects.
Senator Miranda, the author of the 1487 complaint that generated Mayes’ opinion, seemed to have officials like Gallego in mind when she posted, “No hiding behind the fact it might be illegal. It’s not. Kris Mayes has spoken, “If two conflicting statutes cannot operate contemporaneously the more recent specific statute governs over [an] older more general statute.”
Phoenix Mayor Kate Gallego heeded the call of Amtrak CEO Stephen Gardner, urging for the addition of a public railroad to the city.
Gallego said that the railroad, or passenger railway, would make long-distance travel easier for both locals and visitors.
“An @Amtrak connection in Phoenix would make long-distance travel easier for Phoenicians and bring more visitors. Let’s get it done!” said Gallego.
An @Amtrak connection in Phoenix would make long-distance travel easier for Phoenicians and bring more visitors. Let’s get it done! https://t.co/2NYqU7AuTN
The renewed calls for a public railway came after Gardner singled out Phoenix in recent public comments on his company’s intent to expand nationally. Gardner said it was an “embarrassment” that Phoenix doesn’t have his passenger railway company.
“(It is) frankly an embarrassment that we don’t serve such a major, prominent city,” said Gardner.
Amtrak applied for $716 million in federal funding from the Bipartisan Infrastructure Law to launch 16 projects nationwide, including Phoenix. The Arizona Department of Transportation (ADOT) submitted a proposal to the federal Corridor Identification and Development Program (Corridor ID Program) to assist in the expansion. Additionally, ADOT provided $3.5 million.
Another proponent of the Amtrak expansion into Arizona, Rep. Greg Stanton (D-AZ-04), claimed that passenger railway would reduce the number of cars and therefore result in significant emissions reductions.
In a press release, Stanton also claimed that a public railway would provide an economic boost for the state.
“[It’s an] opportunity to connect our communities, make them more accessible and productive, and more internationally competitive,” said Stanton. “Opportunity to boost our regional economies with better access to jobs and more private investment along the route. Opportunity to ease congestion along Interstate 10 and help reduce air pollution.”
Likewise, Sen. Mark Kelly (D-AZ) said Phoenix needed to join the other major cities in the country served by Amtrak.
“Phoenix is the largest city in the country not served by Amtrak, but thanks to our Bipartisan Infrastructure Law, we’re working to fix that,” said Kelly. “This support for the Return to Phoenix Project will finally bring together Arizona communities, the railroads, and Amtrak to develop a comprehensive plan to connect Phoenix and Tucson with passenger rail and connect Phoenix to Amtrak’s nationwide network.”
Public railway, like other forms of public transit, suffers from high crime rates. According to Amtrak police, there were around 6,000 incidents and over 456,400 calls for police assistance in 2021. That’s based on the latest National Incident-Based Reporting System (NIBRS) data from the FBI.
That’s compared to about 5,000 incidents and 412,000 calls in 2020; around 6,700 incidents and 419,700 calls in 2019; around 6,100 incidents and 254,700 calls in 2018.
Amtrak has 30 routes consisting of 500 stops along 46 states. Based on their latest crime data report (2021), that’s about 12 incidents and 912 calls to Amtrak police at each stop annually.
In a press release on Monday, Amtrak explained that their applications were submitted through the Federal Railroad Administration (FRA) programs funded by the Infrastructure Investment and Jobs Act (IIJA): the Corridor ID Program and the Federal-State Partnership for Intercity Passenger Rail Program. The essential goal of the programs is to establish a comprehensive national passenger rail network.
On Wednesday, the city of Phoenix gave up its water rights for $60 million in federal funding that may be used for infrastructure. The city cited the historic drought as necessary for its forfeiture.
The trade is a deal offered by the Biden administration to those with Colorado River rights: voluntarily forfeit their water allotment, and in return receive millions of taxpayer dollars. It’s a deal that Tucson also took up last week.
Phoenix forfeited 150,000 acre-feet of its water in Lake Mead over the next three years, in exchange for $400 per acre-foot.
The Biden administration financed the arrangement through the Inflation Reduction Act (IRA) and the Bipartisan Infrastructure Law (BIL) enacted last year and in 2021, respectively. A combined $15.4 billion from the IRA and BIL were designated for combating drought.
The federal payments for water allocation forfeitures is part of the newly-established Lower Colorado Basin System Conservation and Efficiency Program (LC Conservation Program).
Additional options for cities and states include shorter agreements of water forfeitures for less funding: one year for $330 an acre-foot, or two years for $365 an acre-foot.
Mayor Kate Gallego characterized the trade as one of their moves chalking up a big win for sustainability, alongside an Active Transportation Plan to prioritize transit alternatives such as bicycles, fully electric or liquified natural gas-based buses, and an increase in trees planted.
Gallego shared that the city would apply for another federal grant to expand the number of electric vehicle chargers throughout the city.
Today was a big day for sustainability in Phoenix! 🧵
1⃣ #PHX continues to lead the way to conserve water & combat drought. We voted today to leave up to 150K acre-feet of water in Lake Mead over the next three years, furthering our commitment to protect the Colorado River.
Phoenix and Tucson follow in the tracks of Gov. Katie Hobbs, who joined California Gov. Gavin Newsom and Nevada Gov. Joe Lombardo to collectively forfeit three million acre-feet of water rights over the next three years. That plan, the Lower Basin Plan, equates to $1.2 billion in federal funding altogether.
Joining with California and Nevada, I just announced a new plan to conserve the Colorado River and protect Arizona’s water resources.
— Governor Katie Hobbs (@GovernorHobbs) May 22, 2023
The LC Conservation Program by the Department of the Interior (DOI) has three stages altogether, or “components.” The tradeoff of acre-feet for federal infrastructure funding makes up the first component.
At present, the second component effectively offers a blank check to entities with effective proposals for water conservation and efficiency projects. The application window closed in November.
Similarly, the third component requests proposals for long-term conservation. Proposals for this program component are currently open according to the DOI website.
Senior White House and DOI officials traveled to Arizona and the rest of the lower basin states in April to arrange deals for water conservation efforts.
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 is planning to landlock the Arizona State Capitol with a light rail loop: the “Capitol Extension.” A cost estimate has yet to be announced.
The Capitol Extension will form a 1.4 mile-loop with three stations around the capitol. It’s an addition to the existing Valley Metro Rail system from 3rd Avenue along Washington Street, 19th Avenue, and Jefferson Street. That runs right along the area of the infamous mass homeless encampment known as The Zone, prompting concerns about ridership and capitol grounds safety.
Crime has increased along the Valley Metro light rail system over the last few years. There were over 1,300 incidents in 2020, over 1,600 incidents in 2021, and nearly 2,500 incidents in 2022. According to city data reflected in a 12 News report last May, crime in and around public transit has risen consistently since 2016; the FBI data outlining this crime spike was last updated in 2021.
The extension also surrounds the adjacent Wesley Bolin Memorial Plaza, Supreme Court, Library Park, and U.S. District Court, stopping short of the current rail loop in front of Phoenix City Hall.
The Phoenix City Council and Valley Metro Rail Board of Directors issued this design — the Locally Preferred Alternative (LPA) — in November 2021. Plans for the Capitol Extension date back to actions taken by the Phoenix City Council and Valley Metro Rail Board of Directors in 2016.
Prior to construction, federal regulations require an Environmental Assessment. The assessment and preliminary engineering carry an estimated cost of $4.85 million. Preliminary engineering began in 2021 and is scheduled to run through the end of this year; the environmental assessment began this year and is scheduled to run through 2024.
The Capitol Extension isn’t scheduled to run until late 2027.
Final design and pre-construction is scheduled to begin in 2024 and last through 2025; then construction is scheduled to begin in 2025 and last through 2027; testing and certification is scheduled to begin in mid-2027, with no anticipated end date in sight; and revenue service is scheduled to begin in late 2027.
Construction will consist of three to four years of underground utility relocation; trackwork and street rebuilding; sidewalks, landscaping, and signage; stations and overhead electrification; and testing, certification, and operations.
According to a public meeting held earlier this month to discuss design of the tracks, stations, roadway, sidewalks, and street striping, the extension will be funded by 50 percent federal funds, 35 percent local funds, and 15 percent regional funds. Federal funding will come from the Capital Investment Grant (CIG) and Congestion Mitigation, Air Quality (CMAQ); regional funding will come from the Public Transportation Fund (PTF), and extension funds are included within Proposition 400; local funding will come from the Phoenix Transportation 2050 Sales Tax.
The city did disclose in the meeting that the funding breakdown may be subject to change depending on the availability of federal dollars.
Uber has teamed up with artificial intelligence (AI) ridership service Waymo, indicating a transition away from the use of drivers whose income relies on the ride-hailing service.
On Tuesday, the commuter and delivery service giant announced that this transformational partnership would begin in Phoenix. Both Waymo and Uber were founded in 2009.
Uber partnered with Waymo last summer for the commercial vehicles making up their freight transport fleet. Waymo’s vehicles are electric.
Uber CEO Dara Khosrowshahi predicted that driverless cars would be the new normal for travel.
“Uber provides access to a global and reliable marketplace across mobility, delivery, and freight,” said Khosrowshahi. “Fully autonomous driving is quickly becoming part of everyday life, and we’re excited to bring Waymo’s incredible technology to the Uber platform.”
Waymo co-CEO Tekedra Mawakana said the partnership would improve travel safety for ride-hailing customers.
We’re excited to offer another way for people to experience the enjoyable and life-saving benefits of full autonomy,” said Mawakana. “Uber has long been a leader in human-operated ridesharing, and the pairing of our pioneering technology and all-electric fleet with their customer network provides Waymo with an opportunity to reach even more people.”
While driverless cars have negated the possibility of human error, they have presented unique issues in terms of road safety. In a viral video last year, a Waymo vehicle stalled in a Chandler intersection, blocked three lanes of traffic, and attempted to escape company handlers. The AI technology driving the car became confused by construction cones closing off access to a turn lane it needed to use. At one point, the car began to back up into oncoming traffic.
The passenger behind the viral video also attested that he’d been stranded on multiple occasions by similar driverless cars.
Unaddressed in either companies’ press releases on their partnership was the profit boost that Uber stands to gain from eliminating its drivers from the equation. The elimination of drivers would recoup the 75 percent of the fare fee afforded to drivers.
Uber and other similar companies, like Lyft, posed a unique challenge to the traditional ride-hailing and delivery services — namely, taxis. Uber upended the taxi industry, allowing individuals to offer their driving services on a flexible basis, with drivers generally supplementing their income rather than working endless hours to barely make ends meet, and giving riders more options for ride type at a cheaper cost.
Less than a decade after its industry shakeup, it looks like Uber will shake things up again with its embrace of AI over human drivers.
Waymo rolled out its driverless vehicles in downtown Phoenix last August.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
