FOR CAUCUS & FLOOR ACTION

 

REVISED

 

ARIZONA STATE SENATE

RESEARCH STAFF

 

SUSAN ANABLE

RESEARCH STAFF DIRECTOR

NATURAL RESOURCES, AGRICULTURE & ENVIRONMENT COMMITTEE

Telephone: (602) 542-3171

Facsimile: (602) 542-7833

TO:                  MEMBERS OF THE SENATE

 

DATE:             April 9, 2001

 

SUBJECT:       Proposed Guenther Strike Everything Amendment to H.B. 2436 dated March 30, 2001 at 12:31 p.m.

                                                                                                                                                            

           

 

Purpose

 

Provides that when municipalities and counties adopt general or comprehensive plans that designate lands for open space, conservation, agriculture or recreation, the requirement that they either obtain land owner consent or provide an alternative designation of one home per acre applies only to new lands designated as such.

 

Background

 

During the Fourth Special Session of the 44th Legislature in 2000, the Growing Smarter Plus Act was enacted to implement a number of the recommendations of the Governor’s Growing Smarter Commission as well as other recommendations made by growth-related working groups. (Laws 2000, Fourth Special Session, Chapter 1). This legislation in general addressed local planning tools, citizen participation in planning, use and management of state trust lands, acquisition of open space and protection of private property rights. 

 

One provision of the 2000 Growing Smarter Plus Act was a requirement that prohibits a municipality or a county from designating private or state trust land as open space, recreation, conservation or agricultural unless the land owner consents in writing or unless the municipality provides an alternative, economically viable designation in the general plan or zoning ordinance with a minimum of one residential dwelling per acre.  

 

            Concerns have been raised by cities and towns subject to the planning requirements of the 1998 Growing Smarter Act and 2000 Growing Smarter Plus Act that this requirement could be interpreted to require the city, town or county to retroactively obtain land owner consent or provide the alternative minimum land use designation for lands that had been designated for open space, conservation, agriculture and recreation prior to the enactment of Growing Smarter. The strike everything amendment to H.B. 2436 stipulates that the land owner consent or alternative designation requirement only applies to the designation of new open space, conservation, agriculture or recreation lands in a general or comprehensive plan, and not to lands designated as such in previous general or comprehensive plans.

 

            There is no anticipated fiscal impact to the state general fund associated with this strike everything amendment.

 

Provisions

 

1.      Specifies that when cities and towns adopt general plans and when counties adopt comprehensive plans, the requirement that they obtain land owner consent or provide an alternative designation of one home per acre for lands designated in the plan for open space, conservation, agriculture or recreation applies only to new lands designated as such.

 

2.      Makes a technical correction.

 

3.      Provides for a general effective date.

 

Amendments Adopted by the Committee

 

Strike everything amendment was adopted.

 

Senate Action

 

NRAE          4/5/01        DPA       7-0-1

 

SA/ac