November 2001

By James Lawlor

California: Lot line loophole. As this column was being written, the chapter was mounting a letter-writing campaign aimed at convincing Gov. Gray Davis to sign a bill that would close a loophole in state law. The provision in question permits developers to avoid state and local planning requirements under certain circumstances. S. 497 is strongly opposed by building industry interests.

As Jeff Loux, vice-president for policy and legislation, and Sande George, the chapter's legislative representative, reported to members in a September 26 special alert, state law allows developers to adjust lot lines of old subdivisions without complying with current subdivision laws. The new legislation requires lot line adjustments to comply with the local general plan and the coastal plan.

Also before its September 14 adjournment, the legislature passed A.B. 205, which limits the ability of cities and towns to require home workers to have business licenses or permits and to collect occupational license fees; A.B. 1207, which authorizes cities and counties to permit small wind energy systems by conditional use permit; and A.B. 1367, which requires local planning agencies and school districts to consult concerning school siting. The chapter was a cosponsor of the last measure.

Two other bills awaiting the governor's signature were S.B. 221, which requires cities and counties to ensure that large residential developments have adequate water supply, and S.B. 1098, which makes it more difficult for local governments to adopt interim ordinances blocking approval of low- and moderate-income multifamily housing.

Massachusetts: Livable communities. The Livable Communities Act was reported favorably by the legislature's joint Natural Resources Committee and now is in the senate Ways and Means Committee, notes Lyn Billman-Golemme, AICP, the chapter's vice-president for legislation and policy.

S. 1962 (formerly S. 1105), sponsored by Sen. Marc Pacheco, seeks to promote state policies and spending decisions that will encourage growth in appropriate places. The bill calls for targeting resources to areas with adequate infrastructure and discouraging growth in environmentally sensitive areas. The chapter has been working closely with the sponsors and will continue to track the bill's progress, Billman-Golemme says.

The chapter also is interested in two other bills. S. 1011 would authorize cities and towns to permit transfers of development rights by special permit. This measure has passed the senate and is presently in the house rules committee. H. 4262 would limit the property tax exemption for lands owned or held in trust by nonprofit groups. Although the limit would not take effect until later, there is some concern that it could inhibit efforts by conservation organizations to acquire open space in the future.

Pennsylvania: Conservation easements. On June 22, former Gov. Tom Ridge signed H.B. 975, clarifying the right to create conservation easements. The signing is the culmination of a 13-year effort by a variety of interests, led by the Pennsylvania Land Trust Association, according to chapter legislative chair Richard Bickel, AICP. The legislation should make it easier and less expensive to defend conservation and preservation easements, he says.

Florida: 2002 platform. Executive director Marcia Elder reports that the chapter adopted a new legislative platform at its annual meeting in September. Legislative priorities include revising that state's growth management laws to include fiscal impact analysis; providing adequate funding to permit local governments to develop comprehensive plans; and passing legislation to promote integrated land, transportation, and water use planning.