By James Lawlor

Budget Woes dominate the agendas of almost all the state legislatures this year. The tale of woe runs from Mississippi's balanced (barely) budget to California's staggering $34.6 billion deficit, more than all the other state deficits combined. It is a safe bet that any legislative proposal requiring expenditure of money will receive a chilly reception in the state capitals this year.

Nevertheless, some governors, notably New Jersey's James McGreevey, Michigan's Jennifer Granholm and Massachusetts's Mitt Romney, apparently see smart growth as a relatively low-cost way to push a program in these tight fiscal times. In the first year of his administration, McGreevey declared a "war on sprawl," much to the dismay of development interests. McGreevey says he is not anti-growth, but points out unregulated growth is the root of many of New Jersey's problems, including gridlocked traffic, high property taxes and bad air quality. The state Department of Environmental Protection has fined Ramapo College for building a dormitory on wetlands and reversed a decision by his predecessor, Christine Whitman, to allow expanded cranberry farming in the Jersey Pine Barrens.

Early in January, Gov. Granholm announced the formation of a bipartisan land-use commission, headed by former Michigan Gov. William G. Milliken and ex-Attorney General Frank Kelley, to devise a long-term land-use strategy and recommend changes in zoning laws and housing policy, as well as means of promoting regional land-use policy coordination. During her election campaign, Granholm said she planned to evaluate sprawl-inducing subsidies and eliminate those that harm the state's land resources. In Massachusetts, Gov. Romney has made enactment of a smart growth program a priority for the first year of his term.

Massachusetts: Zoning Law Reform. Gov. Mitt Romney's agenda calls for enactment of an integrated statewide smart growth plan within a year. Advocates of zoning law reform were quick to seize upon his expressed interest, pointing out that changes in the states zoning enabling act are fundamental to the success of any smart growth program. Romney's staff was noncommittal, saying they needed time to examine the law more carefully before taking a position.

An informal organization of planners, land use lawyers and local officials, the Zoning Reform Working Group, has been working on a comprehensive update of Massachusetts' antiquated zoning and subdivision control laws for several years. Reform legislation went nowhere in the last legislative session, but the group is helpful hopeful that support from the governor, combined with grassroots support, may get a legislative package through this year. A bill entitled the Massachusetts Land Use Reform Act was introduced early in December in both the House and Senate.

The reform package addresses a number of contentious issues, including grandfathered development permits and multi-lot residential development that is exempted from the subdivision control law. Because of its comprehensive nature and the impact that some of the proposed changes would have on ingrained ways of doing business in the development community, the legislation is likely to meet with stiff opposition. Benjamin Fierro, a lawyer who represents the Homebuilders Association of Massachusetts, acknowledged the zoning enabling act badly needs modernization, but also said the home builders would fight any changes that would reduce the protections they have under current law.

Contact Lyn Billman-Goulmme, AICP, Vice President for Legislation and Policy, 508-799-0500.

Florida: Government Reorganization. Florida planners are viewing with concern Gov. Jeb Bush's proposal to place the Department of Community Affairs (DCA), the state agency charged with overseeing growth management, under the Secretary of State. Up until now, DCA had its own cabinet secretary, who reported directly to the governor. Under the reorganization, DCA would be one level removed from a direct reporting relationship with the governor's office. The reorganization requires approval by the state legislature.

Some observers are concerned that the new arrangement would give the governor an opportunity to either make growth management and community planning a priority, or bury it in the bureaucracy. It coincides with the change of the Secretary of State's position from an elected officer to one appointed by the governor. Last year, Florida voters approved the change as part of a downsizing of the governor's elected cabinet. Gov. Bush announced December 21, 2002, that the first appointed Secretary of State will be Glenda Hood, the former mayor of Orlando. Hood's fellow mayors say she is up to the job of directing growth management, pointing to her 10 years of experience running the fast-growing city of Orlando. On the other hand, Hood's political opponents on the Democratic side criticize how she managed growth in Orlando, accusing her of fostering sprawl by annexing huge amounts of undeveloped land in Orange County.

Gov. Bush appointed Colleen Castille, a long-time staff aide to the governor's cabinet, as secretary of DCA January 2. The appointment was praised by environmental organizations. Castille has extensive experience with land conservation programs, public education and state finances, resulting from her service with the governor's cabinet. She served as the governor's chief cabinet aide during his first term in office.

So far, the governor has not been terribly clear on the significance of moving DCA into the Secretary of State's office. In announcing Castille's appointment, he said managing growth will remain a top priority, and complained again that the present growth management system is not working. Bush has consistently advocated moving more growth management decisions down to the local level. But in an editorial published January 7, the St. Petersburg Times took issue with the governor's growth management record in his first term, complaining he did little more than deliver speeches and push for a cost-accounting formula that no one seems to understand.

Contact Legislative Policy Committee Chair Valerie Hubbard, AICP, hubbard@talgov.com.

Arizona: Sign Regulations. A bill filed by a Phoenix-area legislator would throw a monkey wrench into local sign regulation programs. S.B. 1012, authored by Sen. Jack Harper (R-Glendale), would permit businesses having more than one location to erect their "usual signs" even if they did not comply with local sign regulations. Harper, the operator of a franchised pizza restaurant in Glendale, argues people invest in franchised operations for the benefits that flow from a well-known name. The investment loses value, he contends, if local law prevents signage or other recognizable features, such as color and architectural design.

Local officials are understandably unhappy with the prospect of losing control over signage and other architectural details of businesses simply because they happen to have more than one location. David Mann, the building inspector for Tucson, pointed out S.B. 1012 has no provision for state regulations to supplant local regulations, leaving businesses with multiple locations free to install whatever signs they want and design their buildings however they wish. As drafted, the bill would cover not just franchised operations, but any business with more than one location.

Contact Debra Stark, Vice President for Legislative Affairs, debras@peoriaaz.com.

Ohio: Highway Access. It took almost five years of negotiations among interest groups, but legislation giving townships and counties authority to adopt highway access regulations to improve traffic flow and safety went into effect October 24, 2002. Once regulations are adopted, the county or township can regulate construction, use or maintenance of any access point from public or private property onto roads. The regulations do not apply to access points under construction before the regulations' effective date, but would apply to reconstruction or relocation of access points, or if the use of land is changed in a way that significantly changes the kind of traffic or traffic volume on a road. The access management regulations must be consistent with local zoning regulations, to the extent possible.

Contact Chris Gawronski, Legislative Committee Chair, cgawronski@morpc.org.