Arizona Rock Products Association 

Arizona Rock Products Association Industry Newsletter
Issue: #20
February, 2015
Quick Links
Quick Links

Legislative Session Is Shaping Up
Budget and 945 Bills, so far.  Here are a Few ARRA is Monitoring

Budget:
 
Highway User Revenue Funding (HURF) - The Governor's Office of Strategic Planning and Budgeting has come up with a proposal that will create a permanent funding source for DPS that would include a doubling of registration fees.  The amount historically swept would be reduced; however we will still see $56 million in sweeps from these funds that will continue to put counties and municipalities in a very tough spot. You can see the Governor's budget proposal for HURF here. Additionally, ARPA will be signing onto a Joint HURF Letter with several other business organizations that will be sent to the Governor's Office addressing the issue of the historic sweeps.

The following are some of the many bills on the ARPA watch list:

Senate Bills: 

S1067
UNIVERSITY RESEARCH INFRASTRUCTURE; APPROP

Appropriates the following amounts to the Arizona Board of Regents in FY2017-18 through FY2047-48 from the general fund for the following universities for lease-purchase capital financing for "research infrastructure" (defined) projects: in FY2017-18, $27.2 million for Arizona State University, $10.2 million for Northern Arizona University, and $30.5 million for the University of Arizona; in FY2018-19 and in each FY after through FY2047-48, $29 million for ASU, $10.9 million for NAU, and $32.7 million for UofA. Lease-purchase financing agreements must be entered into before July 1, 2017 and are subject to specified requirements. State construction sales tax monies accruing to the state for these projects are continuously appropriated to each university. For each FY in which projects are financed and under construction, ABOR is required to submit a report to the Governor and the Legislature containing specified information about the projects.

ARS Titles Affected: 15 

First sponsor: Sen. Dial 

 

S1108TASK FORCE; GAS TAX REPLACEMENT

Establishes a 24-member Highway User Fee Replacement Task Force to develop a design for revenue collection for the state's transportation system that will replace the motor fuel tax and use fuel tax. The Task Force is required to design pilot programs to be used to test alternative approaches by December 15, 2016. By October 1, 2017, the Department of Transportation is required to develop and implement pilot programs as directed by the Task Force to test alternatives to motor vehicle fuel taxes and use fuel taxes to pay for highway use. The Dept is authorized to use monies in the State Highway Fund to implement and support the Task Force and pilot programs. Effective September 1, 2015. Self-repeals October 1, 2025.

ARS Titles Affected: 28 

First sponsor: Sen. Farley 

 

S1160
COUNTY MOTOR VEHICLE FUEL TAXES

Counties are authorized to levy by ordinance a tax on wholesale motor vehicle fuel and wholesale use fuel sold in the county of up to 3 percent of the total sale of motor vehicle fuel or use fuel. By June 15 of each fiscal year, the Department of Transportation is required to transfer monies deposited in the Highway User Revenue Fund as a result of county-imposed fuel tax to the county in which the tax was collected.

ARS Titles Affected: 28 42 

First sponsor: Sen. Farley 

 

S1298
RULES; COUNTIES; FLOOD CONTROL DISTRICTS

County boards of supervisors and county flood control district boards are required to adopt procedures for the adoption, amendment, repeal and enforcement of rules that contain at least specified provisions, including public notice at various stages and a public meeting at which the public is able to provide comments on the proposed rule. Some exceptions. Except for rules approved before the effective date of this legislation, a county or district rule cannot be enforced without substantial compliance with this legislation. Effective January 1, 2016 for counties with a population of 375,000 or more, and January 1, 2017 for counties with a population of less than 375,000.

ARS Titles Affected: 11 48 

First sponsor: Sen. Griffin 

 

S1341
COUNTY TRANSPORTATION EXCISE TAX

Intergovernmental public transportation authorities are authorized to levy a transportation excise tax if approved by the voters in the same manner as regional transportation authorities. In counties where transportation excise taxes are levied by the intergovernmental public transportation authority, the net revenues collected are required to be deposited in the Public Transportation Authority Fund. Effective January 1, 2016.

ARS Titles Affected: 42 

First sponsor: Sen. Shooter 

 

House Bills:

 

H2131TAX ADJUDICATIONS; ATTORNEY FEES

The court is required, instead of permitted, to award fees and other expenses to any party other than the state or a county or municipality that prevails by an adjudication on the merits in an action brought by that party against the state or a county or municipality challenging the assessment or collection of taxes, or the denial of a tax refund. The definition of "fees and other expenses" is expanded to include contingent fees.

ARS Titles Affected: 12 41 42 

First sponsor: Rep. Mitchell 

 

H2175PUBLIC RIGHTS-OF-WAY; CLAIMS

The State of Arizona asserts and claims rights-of-way across public lands under the federal Mining Act of 1866, acquired from and after its effective date through October 21, 1976, the date of its repeal. These rights-of-way may have been acquired in any manner authorized by law, including specified methods. The state does not recognize or consent to the exchange, waiver or abandonment of any revised statute 2477 right-of-way across public lands unless by formal, written official action that was taken by the state or a political subdivision and recorded in the office of the county recorder.

ARS Titles Affected: 37 

First sponsor: Rep. Finchem 

 

H2288SCRAP METAL DEALERS; REGISTRATION INFO

The Department of Public Safety is required to post the name and address of scrap metal dealers and the location of each principal office and branch office at which scrap metal dealers conduct business in Arizona on the Dept website.

ARS Titles Affected: 44 

First sponsor: Rep. Livingston 

 

H2349FLOOD CONTROL DISTRICT; ADMIN ENFORCEMENT

In a county with a population of less than 175,000 persons, a flood control district is permitted to adopt a procedure in which the hearing officer issues a written finding of a violation and a final decision and order relating to the violation rather than submitting the officer's recommendation to the chief engineer.

ARS Titles Affected: 48 

First sponsor: Rep. Fann 

 

H2361ASSURED WATER SUPPLY; ALT CERTIFICATE

The owner of land that has qualified as member land in a water conservation district and for which the Department of Water Resources has issued a certificate of assured water supply is authorized to apply to the Dept for a reissued certificate of assured water supply that is not based on the land qualifying as member land in the district. The Dept is required to grant the application if it determines that a list of specified conditions apply.

ARS Titles Affected: 45 48 

First sponsor: Rep. Shope 

  
H2508NAVIGABLE STREAM ADJUDICATION COMMISSION; EXTENSION

The statutory life of the Arizona Navigable Stream Adjudication Commission is extended four years to June 30, 2020.

ARS Titles Affected: 37 

First sponsor: Rep. Barton 

  
H2526GOVERNOR'S REGULATORY REVIEW COUNCIL; MEMBERSHIP

Increases the number of members of the Governor's Regulator Review Council to seven, from six, by adding one member who is a small business owner.

ARS Titles Affected: 41 

First sponsor: Rep. Petersen 



Update on Transportation  
ARPA Supports AZ Chamber's Approach to Transportation 
 

In case you missed it the Arizona Republic recently had a list of the most important issues to Arizona.  In at number 4 behind the budget, child protection and education was, Fix Roads, Bridges, Rail.  The feature went on to say:

 

  
In times of fiscal crisis the first casualties are long-range needs. In Arizona that meant pitching overboard many of the transportation improvements the state so desperately needs. That short-term thinking needs to change.  In 2011, the Arizona Department of Transportation prepared its 25-year assessment of the state's multimodal transportation needs. It found $89 billion worth of needs to be covered with just $26 billion in anticipated revenue.  If Ducey and the Republican Legislature truly are the economy-minded, jobs-producing leaders they think they are, they will recognize how drastically a failing transportation infrastructure harms a state's economy. It's time to start laying the groundwork for the next transportation package to present to voters.

 

 
 
In December, the Arizona Chamber of Commerce and Industry approached the Arizona Rock Products Association's Board for help on their transportation education effort.  In order to get people to understand the importance of this issue in light of all of the competing interests you must present the facts regarding what the problem is and what we stand to lose if the state does not take action.  
 
The effort began on the first week of the session when Garrick Taylor testified in front of a Joint Senate and House Transportation Committee and presented the reality of the issue in terms of what the inability to move commerce means to the State.  Taylor's presentation followed by ADOT's transportation funding outlook, was the first of many conversations that will taking place at the Capitol and around the State.

Accelerate AZ Presentation 
 

For more information about getting involved contact Steve Trussell at: steve@azrockproducts.org.


Mining Day at the Capitol is Wednesday Feb. 11!
Don't Miss Out! 

ARPA is still encouraging all of our producing member companies to get a table at this important legislative event.  We want to show our elected officials how important the Rock Products Industry is to the economy and future of our Great State of Arizona.  Please join us.  To find out more about the event please contact ARPA staff.  

Associate Member Sponsorship Opportunities
Producer Members - Please contact ARPA and let us know if you would like to have a table reserved for displaying company materials.  

Gosar Opposes WOTUS Rule 
H.R. 594 gaining support 
 
Representative Paul Gosar introduced H.R. 594, the Waters of the United States Regulatory Overreach Protection Act today.  The bill garnered 114 bipartisan cosponsors in less than 48 hours.  This bill would prevent the EPA and Corps of Engineers from improperly expanding the Clean Water Act (CWA) and seizing jurisdiction over water that is currently under control of states and private ownership. Read the press release and the provisions of the H.R. 594.

 
ARPA Conducting a Strategic Planning Survey
The ARPA Board and Committee Chairs will be Meeting in March

The Arizona Rock Products Association is hosting a Strategic Planning Session to update the Association's Strategic Plan.  We need your help! Please join fellow ARPA producer and associate members in giving feedback to the Association Board. It is your Association and your voice matters.   Take the ARPA Survey  here and let us know how we are doing.
 
A Note to ARPA from the Director of ADOT
ADOT is Ready to Support Our New Governor

 

By John S. Halikowski, Director

Arizona Department of Transportation

 

As we enter a new year and embrace the vision of a new governor, it is appropriate to take a look back and prepare ourselves for the future. When I became director of the Arizona Department of Transportation in 2009, I took the lead of an agency gripped by the state's worst economic downturn in recent times. Yet despite the adversity, ADOT focused on our mission to provide a safe, efficient and cost-effective transportation system. We made the necessary operational and fiscal adjustments in our transformation into a 21st-century service-based organization, and we continue to advance the transportation component of "competitiveness" to improve all ADOT operations with the goal of being the "go-to" source for all things that are related to transportation.

 

ADOT is now prepared to transition and improve upon that spirit of progress to the new administration under the leadership of Governor-elect Ducey. In fact, ADOT has already shared our past accomplishments, ongoing progress and future challenges with the transition team in place to connect the new administration with the different state agencies.

 

Transition is a great opportunity for all of us to get behind a new vision and refocus our mission. ADOT has developed some momentum over the past five years. Major accomplishments include the rollout of the Key Commerce Corridors plan to capitalize on Arizona's geographic location and connect transportation infrastructure with the state's economic vitality; launching a higher-security redesigned driver license and state ID card; implementing enterprise initiatives that derive alternative funding sources without additional taxpayer contributions; successfully pursuing public-private partnerships; achieving the final decision point on the South Mountain Freeway to expand the Phoenix metropolitan loop freeway system; and driving forward the Interstate 11 and Intermountain West Corridor study. Our agency co-chaired the Transportation and Trade Corridor Alliance to bring the public and private sectors together to design a Roadmap to better connect Arizona to global markets. Along the way ADOT also protected the state's $19 billion investment in transportation infrastructure, dedicating countless pavement preservation and bridge refurbishment projects to maintain safe mobility and reliable connectivity for communities across Arizona.

ADOT Director John Halikowski 

 

I look forward to a continuing and strong relationship with our partners at ARPA. As we have worked together to streamline our processes, I have come to greatly appreciate the partnership that ADOT and ARPA enjoy.

 

As ADOT's director, it is my duty to guide the department according to the vision and mission of our new governor. ADOT must utilize and share its resources in the most efficient way possible to provide maximum benefit to our citizens. Keeping this mission in mind, ADOT will do its part to realize Governor-elect Ducey's vision of an Arizona that "provides opportunity for all."


ARPA Board Meets with the Chairman 
County Board of Supervisors Chairman Shares Vision with ARPA

Chairman of the Maricopa County Board of Supervisors Steve Chucri visited with the ARPA Board of Directors last week to discuss some of the successes that we have collectively enjoyed regarding the positive changes and process improvements that have and continue to take place around the County.  ARPA input has been very welcomed and helpful along the way, "but there is still much to do", stated Chucri in the meeting.  "We have done some great things, but want to continue to improve our processes and send the message the County is open for business."  Steve Chucri was also on the Governor's transition team for transportation.  He has spent considerable time with ARPA understanding our industry and suggestions as it pertains to the new administration.   


ARPA Mock Inspection @ SRMG Facility
Mock Inspection Marks Another Compliance Training Success

ARPA members and MSHA representatives host the mock safety inspection training event. Their "above and beyond" work helps to increase safety measures and awareness at job sites. Congratulations to a successful event and team effort!  A special thanks goes to Shane Bloomfield of Salt River Materials Group for hosting the event and working tirelessly to stage the equipment needed for a successful training experience.
 
 
The Spring Thaw will be on May 1st at the Chaparral Suites in Scottsdale - We are looking for speakers to talk about the following issues.  Any help identifying individuals that are well versed in these topics would be appreciated. 
ARPA Hosting Yet Another Tour for 
Legislators and the Community 
ARPA Members Invite People to Learn More About a Vital Industry
 
On March 5th, 30 community, regulators and legislative members will tour rock products facilities along the Agua Fria River in a good will tour for surrounding Sun City residents.  Past efforts to engage community members and educate them on this vital industry and the measures ARPA members take to protect the environment have paid off in more ways than one.  This tour will be no exception.  As a result of successful tours in the past, ARPA staff has had additional inquiries from the surrounding communities along the Agua Fria Corridor requesting more.  The tour will begin at the Sun City Country Club with a light breakfast and meet and greet session followed by a bus tour and completing with a light lunch. ARPA members interested in participating please contact Dan Duffy at dan@azrockproducts.org.  
 
Arizona Mining Top in the Nation
In 2014, Arizona Broke the $8 Billion Dollar Mark Again

 

USGS - Arizona is the #1 mineral-producing state (non-fuel) in the U.S. for 2014, according to a new report from the US Geological Survey. The 2015 Mineral Commodities Summary

reports that Arizona produced $8,060,000 worth of minerals in 2014, or 10.38% of all non-fuel minerals in the nation, with the principle minerals being, in order, copper, molybdenum concentrates, sand and gravel (construction), cement (portland), stone (crushed).  Nevada, which had been the top producer for the past few years, came in second with $7,490,000 or 9.66% of the national production, led by gold, copper, silver, lime, and diatomite. The USGS Minerals Commodity Summary is compiled from information provided by State Geological Surveys and others, including AZGS.  The report provides an overview of the economic values of minerals from raw to processed to value-added for the nation.  Arizona non-fuel mineral production:

2009       $5,420 million

2010       $6,700 million

2011       $8,250 million

2012       $8,050 million

2013       $7,540 million

2014       $8,060 million


Welcome to the ROCK!
ARPA's Acclaimed Legislative Mixer
 
The Arizona Rock Products Assocation hosted it's first Legislative Mixer at the ARPA offices on Thursday, January 29th. There were just under 100 RSVP's and 35 of those were legislators.  We also had representation from agencies and policy wonks.  Hope to see you at the next one on February, 19th from 4:00-7:00PM. It is an excellent networking event designed to introduce ARPA members to legislators. RSVP with Nicole - info@azrockproducts.org.  
  

ARPA Associate Member Profile
Meet JacksonWhite Attorneys at Law
 

 

 

Company overview: Jackson White, P.C. offers a full range of legal services to assist individuals, families, and businesses with a wide range of legal matters. Founded in 1983, the firm has grown steadily to include a full complement of highly experienced attorneys and staff who are proud of what is now one of the largest law firms in Phoenix's East Valley.  

 

Anthony Misseldine is a shareholder for JacksonWhite and focuses his practice on eminent domain, inverse condemnation, commercial real estate valuation, and land use litigation. Tony is a member of the State Bar of Arizona, the J. Reuben Clark Law Society, and is a former member of the State Bar of Arizona Professionalism Committee.  

 

Services provided: Commercial litigation, construction law, criminal defense, disability benefits, elder law, eminent domain, employee benefits, estate planning, family law, guardianships and conservatorships, financial institutions law, healthcare law, entertainment and sports law, immigration law, insurance related disputes, intellectual property, labor and employment law, personal injury, real estate law, small business representation, tax law.

 

Location: 40 N. Center Street, Suite 200, Mesa Arizona, 85201  

 

Awards: Tony received the AV Preeminent Peer Review Rating from Martindale-Hubble, and is honored to have been selected as Arizona's representative to the Owners' Counsel of America, a nationwide network of experienced condemnation attorneys in private practice who focus on representing property owners threatened with eminent domain.

 

ARPA Producer Member Profile
Meet Perkins Cinders

 

  

 

 

Perkins Cinders, Inc. is an Arizona based corporation that has been in business since 1971. Starting out mining cinders at the First Knoll Pit located out of Show Low, the company has grown over the years to include mining of sand and gravel with pits located in Taylor and Springerville. Also the product line has been enhanced with the acquisition of a concrete batch plant and hot mix plant in Linden.

 

The company offers custom crushing with mobile crushers available for making specific materials at your site or theirs. With a fleet of trucks all

of the materials can be delivered anywhere in Arizona.

 

Perkins Cinders experienced construction crews provide quality work in underground utility installation, site work, driveways, road building, parking lots, paving, transporting, crane services and more. They take pride in a job well done and strive to obtain customer satisfaction. From start to finish they have what you need.

 

1950 E. Adams, Suite C

Show Low, AZ 85901

Phone: (928) 537-2008

Fax: (928) 537-2912

pci@citlink.net

www.perkinscindersinc.com

 

ARPA Social Media
Help Your Association to Educate AZ!    

Remember, it's your story.  With well over 1400 likes we are reaching more people and piquing awareness about this essential industry.  Be a part of our success and ask others to "like" ARPA.
 
Be sure to like us on Facebook!  
 Like us on Facebook     View our profile on LinkedIn     View our videos on YouTube 
ARPA Upcoming Events 2015 

February Events:
 
2nd  - ARPA CEO's Meeting with the Arizona Board of Regents 
16th - Northern ARPA 11:30 at Little America in Flagstaff 
17th - Legislative Mining Stakeholder Group 11:30 at the Capitol 
19th - The Rock - Aggregate Mixer 4:30-7:00 at ARPA 

Dan Duffy, Elaine Trujillo, Steve Trussell and Nicole Massarand
 
Questions?  Please contact ARPA Staff at (602) 271-0346.
  
Steve Trussell
Executive Director
Arizona Rock Products Association
 
2015 Arizona Mining Magazine Released!
Offers Education and Appreciation of a Great Industry

 

ARPA has assisted in the creation of an Arizona Mining Magazine. Thanks to the assistance of our Producer and Associate members, this year's edition will be a great asset down at the Legislature and a showpiece for the association.

  

Our Mission

The Arizona Rock Products Association enhances, protects and preserves the long-term interests of the rock products industry through technical expertise, safety, environmental awareness, and in active involvement in the legislative, regulatory, and political process.