April 1999

By James Lawlor

Utah: Growth act passes. Early last month, the state senate followed the lead of the house and passed H.B. 119, the Quality Growth Act. Although there are some differences between the bills, that should not prevent ultimate enactment, chapter legislative chair Wilf Sommerkorn says.

The new law creates a 13-member Quality Growth Commission and establishes a modest fund of $2 to $3 million a year to aid conservation of critical lands—agricultural land, wildlife habitat, watersheds, and recreational areas. The commission is to report to the legislature by November 30 with a list of quality growth areas, defined as places that, among other things, have sufficient infrastructure to support new development and are likely to be developed at a higher density than is currently the rule.

New Jersey: Big bucks for open space. In November, voters approved an amendment to the state constitution that will make $98 million in sales tax revenue available yearly for the next 30 years. The money will be used to fund open space preservation, farmland conservation, and historic preservation programs. Bills now in assembly and senate committees would set aside 25 percent of the open space funds for spending in urban areas, says chapter legislative chair James Girvan, AICP.

Gov. Christine Todd Whitman has stated that her aim is to save a million acres of farmland, parks, and open space—about 21 percent of the state's land area. Acquisition of land and development rights is to begin this year and continue for 10 years. Funds appropriated in the remaining 20 years of the program will be used to satisfy payment obligations related to the acquisitions.

The chapter's legislative committee is urging planners to track future spending allocations to make sure they conform to state and local plans, exclude projects unrelated to the acquisition of open space, and do not add to the state bureaucracy.

Other matters currently before the legislature include a proposal to amend the state's planning enabling act, authorizing cities and towns to adopt timed growth ordinances and assess development impact fees. Another proposed amendment would encourage municipalities to regionalize or share services. Both amendments have passed the assembly and are now in a senate committee.

A bill that would make it harder for municipalities to bar home-based businesses also has passed the assembly but is apparently stuck in a senate committee. The New Jersey League of Municipalities opposes the measure on the ground it does not adequately address potential neighborhood disruption by such businesses. An alternative bill favored by the league is unlikely to win support from the business community because it restricts reforms to office-type uses, Girvan says.

Florida: A full plate. An updated state plan, land preservation, eminent domain. These are but some of the issues on the agenda as the legislative session gets under way, reports chapter legislative assistant Bill Jones.

Of most interest is the state plan. A bill passed in the last session called for creation of a committee to review the state's comprehensive plan and make recommendations for an update. The chapter expects to be active in making recommendations once Gov. Jeb Bush appoints the committee. On a related front, Rep. Lee Constantine has filed a bill that would authorize counties and municipalities to designate urban infill and redevelopment areas. A companion bill is expected to be filed in the senate.

As for land preservation, the Senate Natural Resources Committee has been discussing a bill that would continue the work of the Preservation 2000 program, which expires at the end of next year. Gov. Bush supports a program called Florida Forever, which would allow the state to acquire and restore environmentally sensitive lands and protect water resources. A bill authorizing the program has been filed by senate majority leader Jack Latvala.

The chapter is also following S.B. 70, legislation that would modify state procedures for compensating landowners in eminent domain proceedings, particularly in cases involving inverse condemnation (a claimed taking of property by regulation). It's generally disfavored by state agencies and local governments, Jones says. An alternative being drafted by the community affairs committee promises to be more acceptable.

Finally, S.B. 64, the Citizen Participation in Government Act, would prevent SLAPP (strategic litigation against public participation) actions. It would protect citizens from liability for utterances relating to public controversies and would provide compensation to plaintiffs in suits deemed to be attempts to suppress citizen participation. While stranger things have happened, Jones suspects the bill will not get far in the legislature.

Mountain states: A potpourri. The Montana senate, responding to a critical report by the state environmental quality council, has unanimously passed a measure that revises laws relating to local planning and subdivision review, reports Alan McCormick, legislative chair of the Montana Association of Planners. One provision of the bill, S.B. 97, offers expedited subdivision review to localities that develop comprehensive plans.

In New Mexico, reports legislative chair Lora Lucero, a newly introduced senate bill would create a legislative committee to study revisions to the state's planning enabling law. The measure is in committee.

Colorado's Responsible Growth Act, H.B. 1185, is attracting cautious support from municipal and county organizations as well as the Denver-area home builders, according to chapter president William Lamont, AICP. The bill was introduced in the house in January.