September 2000

By James Lawlor

Florida: Another tough session. The 2000 session was a bruising one, where simply keeping bad legislation from being enacted was considered a victory, reports executive director Marcia Elder. The chapter led a coalition of 28 organizations in a successful campaign to turn back an effort by some legislators, mostly in the house, to gut the state's growth management laws. The session closed with neither the house "reform" bill nor the senate bill, which centered on appointing a study commission, winning acceptance from the opposite chamber (for details, see the June and July columns).

Finally, Gov. Jeb Bush stepped in. On July 3, he signed an executive order establishing a 23-member Growth Management Study Commission and charged it with identifying planning goals for the state. Among other things, the commission is directed to review the state's comprehensive plan; the roles of the Department of Community Affairs and other state, regional, and local government bodies; and the integration of education and public safety into the growth planning process. It is to report back to the governor and legislature by next February 15.

The commission chair is Mel Martinez of Orlando, who also chairs the Orange County Commission. Members include four state legislators; the state commissioners of agriculture and community affairs; and planners, lawyers, developers, and local government executives.

Tennessee: Growth law under attack. On June 16, APA's amicus committee agreed to help the chapter draft a friend-of-the-court brief in support of the state's beleaguered 1998 growth management law, Ch. 1101.

According to chapter president Terry Langlois, AICP, the brief is a response to the suit filed on May 8 by Knox and Hamilton counties. The counties charged that the growth law was unconstitutional because of its vague language and because it delegated legislative power to the executive and judicial branches of government.

Among other things, the growth law requires cities, towns, and counties to coordinate plans for growth management and annexation. This spring, both the Knoxville City Council and Knox County rejected a 20-year growth management plan for the area prepared by a growth policy coordinating committee, although for different reasons.

Connecticut: Three up. Gov. John Rowland signed the new affordable housing appeals law on June 1, chapter legislative cochair Jose Giner reports. See the June issue for a brief summary of the law's high points. The effective date is October 1, so Giner is advising Connecticut planners to expect lots of permitting activity this summer.

On May 26, the governor signed a brownfield law, H.B. 5175 (Pub. L. 00-89). It allows redevelopment agencies to deduct the cost of environmental mediation in determining the fair market value of property taken by eminent domain. The theory behind the legislation is that the cost of cleanup should be borne by the party responsible for the contamination, rather than the general public. The law defines local redevelopment agencies to include housing authorities, local and regional school districts, and other community development agencies.

The governor also signed a major open space bill on June 7. H.B. 5883 provides funding for open space acquisition or purchase of development rights, particularly for agricultural land.

New Mexico: Drafting help. The chapter has asked two members of the Planning and Law Division and two APA staff members to help it draft legislation concerning the transfer of development rights, vested rights, and consistency between planning and land-use regulation. The team's work is funded by an APA divisions council grant. Thomas Jacobson, AICP, from Sonoma State University in California, will address consistency issues. Kim Mikelson of Houston will work on vested rights. APA smart growth staffers Stuart Meck, FAICP, and John Bredin will tackle transfer of development rights.

The legislative committee and other chapter members met in Corrales July 29 to discuss smart growth reforms in other states and vote on legislative policy recommendations to the chapter membership. Meanwhile, notes chapter vice-president Lora Lucero, AICP, an interim land-use committee headed by Sen. John Arthur Smith is holding meetings around the state to consider what changes in the state's land-use and planning laws to recommend to the 2001 session of the legislature.

Utah: Annexation bill update. Proposals to reform the state's annexation law got a favorable review from an interim legislative committee, according to chapter legislative chair Wilf Sommerkorn, AICP. There is some danger, however, that representatives of unincorporated areas in Salt Lake County could derail the process.

Drafters of the legislation are considering giving each county the option of using a new annexation law or remaining with the one currently on the books. They must also assuage the fears of some members of the home builders association, who want to be sure that the new law does not suggest an acceptance of urban growth boundaries.