Issue Management Services
Most 'Smart" Growth Activity is Taking Place in the States
The Metropolitan Corporate Counsel, May
1999
In January, Vice President Gore announced the administration's
"Livability" agenda. The centerpiece of this agenda is
a FY2000 budget request of $2 billion for purchasing undeveloped
land, creating parks and combating sprawl. These efforts by the
Clinton administration brought a state and local issue to the front
of the federal stage and into presidential politics; however, most
of the activity regarding "smart" growth is occurring
at the state and local level.
Over 200 growth management bills are currently pending in state
legislatures. In the November 1998 elections, voters across the
county approved more than 100 state and local initiatives addressing
urban sprawl and growth management in nearly 20 states. These approved
ballot initiatives triggered $7.5 billion in additional state and
local conservation spending.
Smart growth, growth management, livable communities and sustainable
development are some of the terms used to describe efforts to control
urban sprawl. Urban sprawl is defined as low-density, segregated
use, automobile-dependent development on the fringe of urban suburbs.
It is characterized by ever-expanding suburbs surrounding an aging
and sometimes decaying inner city. Urban sprawl is said to be the
cause of local traffic jams, greater pollution, crowded schools,
and the loss of farmland.
States are attempting to control growth through a variety of initiatives
such as, incentives to develop certain areas, land use planning,
growth restrictions, preserving open space and revising spending
priorities.
While there was a great amount of activity on smart growth in 1998,
the issue has expanded in 1999 to become one of the highest priorities
in state legislatures. Most states are just beginning to consider
how to address the issue, and states that already have adopted smart
growth initiatives continue to discuss which approach is best. The
following highlights the major state legislative activity regarding
smart growth.
Arizona
In 1998, Arizona enacted Governor Jane Hull's (R) Growing Smarter
legislation. This new law requires better planning for open spaces
and provides $20 million a year for eleven years for the state to
purchase open space in urban areas. Fourteen bills were introduced
in Arizona this year, some aiming to strengthen and some aiming
to weaken the existing legislation.
Governor Hull is supporting measures, unpopular with most lawmakers,
to strengthen Growing Smarter. These proposals require communities
to write and follow general plans that address important issues
like transportation, and give counties more authority to fight poorly
planned "wildcat" subdivisions.
Several bills have been introduced to protect a property owner's
right to develop their land from efforts to control urban sprawl
or preserve land. These bills would require compensation for any
decline in property value, exempt cities and towns outside Maricopa
and Pima counties from planning requirements, and prohibit zoning
changes which restrict the use or reduce the value of land.
California
In California, smart growth efforts are more prevalent on the local
level. While there have been sixteen growth management bills introduced
in the California legislature this year, the important growth issues
are infrastructure repair and water supply.
In the next twenty years, California's population is expected to
reach 50 million. This is the equivalent of adding the entire population
of the state of New York to California's current population. The
state's infrastructure needs more than $90 billion in repairs. And
the state is already struggling with water shortages.
The bills that have been introduced in the Legislature address funding
urban parks, transportation planning revolving funds, consideration
of water supply in land use planning, conservation easements; and
redevelopment of closed military bases.
Colorado
Smart growth efforts in Colorado have focused mainly on proposals
to enact a law similar to Oregon's, which requires the establishment
of growth boundaries. While these proposals are not expected to
pass, the issue of growth boundaries could resurface again during
continued legislative efforts to control sprawl.
Florida
Sixteen bills smart growth bills have been introduced in Florida.
A majority of these bills focus on urban "infill" and
redevelopment through the use of Brownfields and Empowerment Zones.
A few bills would establish greenways and encourage land conservation.
Illinois
In 1998, the Illinois legislature created "The Illinois Smart
Growth Task Force." The Task Force released its recommendations
in January, and they focused on the preservation of farmland. The
Task Force recommended that Illinois farmland be declared an irreplaceable
natural resource, and that all development involving farmland should
be reviewed by the Department of Agriculture. The Task Force also
recommended that smaller counties be given greater say in state
funding for development of farmland. Farmland preservation legislation
has been introduced and reported from committee.
New York
The New York legislature is considering bills that call on the governor
to prepare a smart growth strategy to promote economic competitiveness
through infrastructure development and land use planning. The Legislature
is also considering bills to conserve open space.
Oregon
In 1973, Oregon became the first state to address smart growth by
establishing growth boundaries around cities and requiring planning
for future growth. This year, more than 25 growth management bills
have been introduced. Many of these bills would prohibit farmland
from inclusion in growth boundaries, require more extensive study
in amending land use plans, and require coordination of transportation
policies.
Pennsylvania
The Pennsylvania legislature is considering bills that attempt to
provide new tools to regulate development, like mixed use zoning,
while protecting property owners. Proposed legislation would also
attempt to encourage the preservation of farmland.
Virginia
The Virginia legislature established a joint committee to study
development patterns and residential growth in the state. The committee
held its first meeting during the legislative session and is expected
to continue to meet during the 1999 interim period. At the first
meeting, more than 40 speakers addressed the committee. The committee
is expected to develop several legislative initiatives to be considered
during the 2000 session.
What Does This Mean To Corporate
America?
State smart growth proposals could impact businesses that are planning
expansion or rely upon new development. An example of this is the
retail industry, where certain segments require particular site
specification for their stores. Some state level smart growth initiatives
could seriously impede retail growth in suburban areas through growth
restrictions and disincentives. Even though smart growth initiatives
are beginning to appear on the federal level, most of the activity
is occurring at the state and local level
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