PHOENIX — Their work isn’t done. But state lawmakers are on break, again, this time until June 12.
House Speaker Ben Toma, R-Peoria, said not all of the 31 Republicans can be at the Capitol until that date. Even the loss of one would undermine efforts to advance the GOP policy agenda, unless they can attract Democrats in the 60-member chamber.
The time away may provide an opportunity to negotiate and resolve some major issues that have so far defied resolution, ranging from whether to take some zoning powers away from cities, amid claims that will produce more affordable housing; to deciding whether Maricopa County residents will get to vote on extending a half-cent sales tax for transit issues another 20 years.
Closely linked to that is the possibility that Democratic Gov. Katie Hobbs, a supporter of the Maricopa County sales tax measure, Proposition 400, might be willing to sign legislation curbing the ability of cities and towns to force landlords to pay local sales taxes on residential rentals.
People are also reading…
Hobbs had vetoed such a plan earlier this year as unfair, saying there was no guarantee tenants would reap the benefits through lower rents.
But the governor, asked about it earlier this week, said only, “I’m not going to go into specifics of how we’re negotiating on that bill.â€
Tamales, vetoes and more
There’s at least one other issue lawmakers hope to resolve before they finally pack up and end their 2023 session: tamales.
That goes to the question of under what circumstances people should be allowed to cook foods at home and sell them directly to the public.
Hobbs vetoed a popular bill — it passed by huge bipartisan majorities — insisting that it did not protect public health. But she has yet to say what changes would be necessary to get her to reconsider.
The decision to recess came after the House approved and sent to Hobbs more than 90 bills on Monday, the last day it had those 31 GOP votes present.
Many of these were part of the partisan agenda, ranging from parental and student rights, such as whether schools should only address students by pronouns associated with their genders at birth; to other social and culture issues, such as regulating drag shows.
Many of these are likely to provide an opportunity for Hobbs to boost her veto tally, already at 72 by the end of the day Tuesday.
Zoning and housing
One of the biggest issues to be resolved is the tension between affordable housing and zoning.
Home prices and rents have skyrocketed in much of ÃÛèÖÖ±²¥. Developers have argued regulation is at least part of the reason.
Partly that’s a procedural issue, like the amount of time and the number of steps it takes to get permits.
But the bigger question falls into the category of whether communities, through zoning, are making housing less affordable. Issues range from how many homes can be placed on a lot of a given size to how much off-street parking must be provided.
One proposal would forbid cities from preventing homeowners from adding “accessory dwelling units’’ to their properties that can be rented out.
Another would require cities to allow construction of new low-income housing up to 80 feet tall, near light rail stations.
Municipal lobbyists argue zoning is a quintessentially local function determined by public officials after getting input from area residents about what they want their communities to look like. But that, in turn, has led to claims of NIMBY-ism — the idea that certain housing is fine, just “not in my back yard.’’
Hobbs hasn’t weighed in on overriding local zoning in the name of driving down mortgage payments and rents, instead focusing on the money she got in the state budget to help not only the homeless but also to finance low-income housing projects. Her press aide, Christian Slater, said Hobbs believes that “increasing housing supply up and down the cost scale is helpful for lowering housing costs for everybody.’’
Light rail costs
Then there’s Proposition 400.
State law allows county residents to decide whether to impose a sales tax to finance local transportation improvements. These can involve everything from road repair to freeway construction. But there also are elements of mass transit, including buses and light rail.
Only Maricopa County has to get legislative permission for each 20-year election. And without such a go-ahead, the half-cent levy, and the programs it pays for, will expire at the end of 2025.
This problem could have been solved last year when lawmakers gave the go-ahead. But Doug Ducey, governor at the time, vetoed the measure as a tax hike, although all it would have done is allowed residents to make the decision themselves.
Now, a newly reconstituted Legislature includes more foes of mass transit. They say they won’t support a new vote unless elements are sharply curtailed.
Most controversial is light rail with its high construction costs.
The initial 20 miles in Maricopa County had a price tag of about $70 million per mile. The Free Enterprise Club, which lobbies against light rail, pegs the cost of an extension being built in South Phoenix at $245 million per mile.
Some lawmakers say their support for a 20-year extension is conditional on no new light rail, a measure that would halt expansion.
Hobbs said she wants the issue resolved.
That, however, goes to the question of whether she might be able to persuade some Republicans to go along if they can get something else they want: Elimination of residential sales taxes.
In February, Hobbs vetoed such a bill, saying it suffers from “defects’’ like the lack of any enforcement mechanism to ensure that landlords, who are the ones who remit the tax to the cities, would pass along the savings to their tenants.
Toma said he believes a new version approved by the House earlier this week may be more acceptable to Hobbs and provide the basis for a deal.
Home-cooked food sales
That still leaves unresolved for now what has been called the “tamale bill,’’ vetoed by Hobbs as not providing sufficient protections for buyers from potential food-borne illnesses from home-cooked foods.
The bill did have some safeguards, ranging from requirements for home cooks to register and get some training, to label foods with their ingredient, and to disclose to buyers that the food was made in someone’s kitchen. But Hobbs has so far refused to say what changes would make the bill acceptable to her.
Lawmakers took several breaks already since their session began in January. These generally were for a week or so while legislative leaders worked out details of the $17.8 billion budget deal that Hobbs signed last week.
Get your morning recap of today's local news and read the full stories here:
Howard Fischer is a veteran journalist who has been reporting since 1970 and covering state politics and the Legislature since 1982. Follow him on Twitter at @azcapmedia or email azcapmedia@gmail.com.