AMENDING SECTION 41-511.23, ARIZONA REVISED STATUTES; RELATING TO LAND USE AND CONSERVATION APPROPRIATIONS.

By the Legislature

501,358 / 52.9% Yes votes ...... 446,598 / 47.1% No votes

See Also: Measures

Explanation: Proposition 303 rejects state mandates to local governments on growth management in favor of a state fund for the purchase of open-space land.

Proposition 303 is an alternative proposal to the Citizens Growth Management Act, (an initiative proposed prior to Proposition 303 which called for state mandates for such things as urban growth boundaries, air and water quality controls, and environmental impact reviews for new highways and roads). That initiative did not get sufficient signatures to appear on the ballot.

Summary of Arguments FOR Proposition 303:

1. This proposition would provide needed funding to protect lands from development across Arizona.

2. Prohibiting state mandates on how to grow will leave decisions up to city and county governments who should have the freedom to make their own plans and who know best about what their area's needs are.

3. Alternative proposals often discussed, including growth boundaries, serve to promote congestion in a smaller urban area and force up the cost of land and housing.

Summary of Arguments AGAINST Proposition 303:

1. Proposition 303 was only adopted to propose a weaker alternative to the Citizens Growth Management Act. It only offers the purchase of some open space land but does not provide any real way to stop developers.

2. The funding to purchase land is needed but is neither guaranteed nor adequate to buy enough land to make a difference.

3. Prohibiting state directions to local authorities in the areas outlined in the proposition is too rigid an approach to growth management. State laws might be needed for a comprehensive Arizona approach or to protect local authorities more vulnerable to pressures from developers.

1. Under the power of the referendum, as vested in the Legislature, the following measure, relating to land use and conservation appropriations, is enacted to become valid as a law if approved by the voters, and if the initiative styled "The Citizens Growth Management Act" fails to be approved by the voters, at the general election held November 3, 1998:

AN ACT

AMENDING SECTION 41-511.23, ARIZONA REVISED STATUTES; RELATING TO LAND USE AND CONSERVATION APPROPRIATIONS.

Be it enacted by the Legislature of the State of Arizona:

SECTION 1. THE GROWING SMARTER ACT; DESCRIPTION; INTENT

A. THE LEGISLATURE HAS ENACTED "THE GROWING SMARTER ACT" CONSISTING OF COMPREHENSIVE MUNICIPAL, COUNTY AND STATE LAND DEPARTMENT LAND USE PLANNING AND ZONING REFORMS, PROVIDING FOR THE ACQUISITION AND PRESERVATION OF OPEN SPACES AND ESTABLISHING A PROGRAM FOR CONTINUING STUDY AND CONSIDERATION OF PERTINENT ISSUES RELATING TO PUBLIC LAND USE POLICIES.

B. THIS PROPOSITION PRESENTS TO THE VOTERS A KEY COMPONENT OF THE GROWING SMARTER ACT. IT FUNDS GRANTS OF MONEY FROM EXISTING STATE REVENUES TO CONSERVE OPEN SPACES IN OR NEAR URBAN AREAS AND OTHER AREAS EXPERIENCING HIGH GROWTH PRESSURES. COMBINED WITH MORE SPECIFIC AND MORE DETAILED COMMUNITY PLANS, GREATER PUBLIC PARTICIPATION IN CREATING AND AMENDING COMMUNITY PLANS, MANDATORY REZONING CONFORMITY WITH ADOPTED PLANS, STATE TRUST LAND PLANNING AND AN URBAN AND RURAL GROWTH STUDY COMMISSION, THIS FUNDING FURTHERS THE BEST INTERESTS OF OUR CITIZENS BY PROTECTING OUR NATURAL HERITAGE AND WISELY MANAGING THE GROWTH OF OUR COMMUNITIES.

C. THESE COMPREHENSIVE REFORMS CONFLICT WITH THE INITIATIVE STYLED "THE CITIZENS GROWTH MANAGEMENT ACT" WHICH MANDATES THE ESTABLISHMENT OF URBAN GROWTH AREAS, GROWTH MANAGEMENT PLANS AND LIMITS THE EXPANSION OF PUBLIC SERVICES. THE PROPOSALS IN THE CITIZENS GROWTH MANAGEMENT ACT ARE INCONSISTENT WITH STATE FUNDED ACQUISITION AND PRESERVATION OF OPEN SPACE WITHIN URBAN GROWTH AREAS AND WITH PROVIDING AFFORDABLE HOUSING AND OTHER URBAN LAND USE NEEDS. MOREOVER, LOCAL TAX BASES MAY BE ERODED BY THE ACQUISITION OF URBAN OPEN SPACE PROPERTY BY GOVERNMENT ENTITIES UNDER THIS ACT UNLESS LOCAL GOVERNMENTS ARE ALLOWED TO CONTINUE TO ANNEX NEW TERRITORY.

D. THE VOTERS ARE THUS PRESENTED A CLEAR CHOICE IN THE DIRECTION THEY WANT COUNTIES AND MUNICIPALITIES TO FOLLOW IN PLANNING AND MANAGING THE GROWTH THAT IS INEVITABLE IN THIS STATE. THE GROWING SMARTER ACT AND THE CITIZENS GROWTH MANAGEMENT ACT ARE NOT COMPATIBLE. THIS PROPOSITION, THE GROWING SMARTER ACT, CAN TAKE EFFECT AND WORK SUCCESSFULLY ONLY IF THE CITIZENS GROWTH MANAGEMENT ACT IS NOT APPROVED BY THE VOTERS AND DOES NOT BECOME EFFECTIVE.

Sec. 2. Section 41-511.23, Arizona Revised Statutes, is amended to read:

41-511.23. Conservation acquisition board; land conservation fund; conservation donation and public conservation accounts; exemption from lapsing

A. The conservation acquisition board is established, as an advisory body to the Arizona state parks board, consisting of the following members who are appointed by the governor, at least one of whom shall be experienced in soliciting money from private sources:

1. One state land lessee.

2. One member who is qualified by experience in managing large holdings of private land for income production or conservation purposes.

3. One member of the state bar of Arizona who is experienced in the practice of private real estate law.

4. One real estate appraiser who is licensed or certified under title 32, chapter 36.

5. One member who is qualified by experience in marketing real estate.

6. One representative of a conservation organization.

7. One representative of a state public educational institution.

B. The governor shall designate a presiding member of the board. The term of office is five years except that initial members shall assign themselves by lot to terms of one, two, three, two members for four and two members for five years in office.

C. The conservation acquisition board shall:

1. Solicit donations to the conservation donation account.

2. Consult with entities such as private land trusts, state land lessees, the state land department, the Arizona state parks board and others to identify conservation areas reclassified pursuant to section 37-312 that are suitable for funding.

3. Recommend to the Arizona state parks board appropriate grants from the land conservation fund.

D. The land conservation fund is established consisting of the following accounts:

1. The conservation donation account consisting of monies received as donations. Monies in the account are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

2. The public conservation account consisting of monies appropriated by the legislature from the state general fund. Subject to legislative appropriation, IN FISCAL YEARS 2000-2001 THROUGH 2010-2011, THE SUM OF TWENTY MILLION DOLLARS IS APPROPRIATED EACH FISCAL YEAR FROM THE STATE GENERAL FUND TO THE PUBLIC CONSERVATION ACCOUNT IN THE LAND CONSERVATION FUND FOR THE PURPOSES OF THIS SECTION. Beginning in fiscal year 1998-1999, each expenditure of monies from the public conservation account shall be matched by an equal expenditure of monies from the conservation donation account and any amount that is so appropriated in a fiscal year and that is not matched at the end of the fiscal year reverts to the state general fund. The matched monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. Monies in the public conservation account, with matching monies from the conservation donation account, are appropriated to the Arizona state parks board for the exclusive purpose of granting monies to the state or any of its political subdivisions for the purchase or lease of state trust lands that are classified as suitable for conservation purposes pursuant to section 37-312. If the legislature fails to appropriate monies to the public conservation account in a fiscal year, the Arizona state parks board may either grant nothing from the fund in that year or, on recommendation by the conservation acquisition board, grant available monies in the conservation donation account for purposes authorized in this paragraph.

E. The Arizona state parks board shall administer the land conservation fund. On notice from the board, the state treasurer shall invest and divest monies in either account in the fund as provided by section 35-313, and monies earned from investments shall be credited to the appropriate account in the fund.

SEC. 3. PROHIBITED URBAN GROWTH MANAGEMENT REQUIREMENTS

A. THERE SHALL NOT BE A STATE MANDATE THAT A CITY, CHARTER CITY, TOWN OR COUNTY:

1. ADOPT BY ORDINANCE OR OTHERWISE ANY "GROWTH MANAGEMENT" PLAN, HOWEVER DENOMINATED, CONTAINING ANY PROVISIONS RELATING TO SUCH ISSUES AS MANDATORY DEVELOPMENT FEES, MANDATORY AIR AND WATER QUALITY CONTROLS AND STREET AND HIGHWAY ENVIRONMENTAL IMPACTS, AND REQUIRING THAT, BEFORE ADOPTION, THE GROWTH MANAGEMENT PLAN, AMENDMENTS AND EXCEPTIONS BE AUTOMATICALLY REFERRED TO THE VOTERS FOR APPROVAL.

2. ESTABLISH OR RECOGNIZE, FORMALLY OR INFORMALLY, URBAN GROWTH BOUNDARIES, HOWEVER DENOMINATED, THAT EFFECTIVELY PREVENT NEW URBAN DEVELOPMENT AND EXTENSION OF PUBLIC SERVICES OUTSIDE THOSE BOUNDARIES.

3. APPLY OR ATTEMPT TO APPLY URBAN GROWTH MANAGEMENT RESTRICTIONS OR BOUNDARIES TO LANDS OWNED OR HELD IN TRUST BY THIS STATE, UNLESS SPECIFICALLY AUTHORIZED BY ACT OF THE LEGISLATURE.

B. THERE SHALL NOT BE A STATE MANDATE THAT THE ATTORNEY GENERAL FILE ANY ACTION IN ANY COURT IN THIS STATE AGAINST ANY LOCAL GOVERNMENT OR OFFICIAL TO ENFORCE ANY PROVISION PROHIBITED BY THIS SECTION.

SEC. 4. CONDITIONAL REPEAL

SECTION 2 OF THIS ACT IS REPEALED IF THE INITIATIVE STYLED "THE CITIZENS GROWTH MANAGEMENT ACT" AND DESIGNATED BY THE SECRETARY OF STATE AS 12-I-98 IS APPROVED BY THE VOTERS AT THE GENERAL ELECTION HELD NOVEMBER 3, 1998 AND BECOMES EFFECTIVE PURSUANT TO ARTICLE IV, PART 1, SECTION 1, CONSTITUTION OF ARIZONA.

2. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article IV, part 1, section 1, Constitution of Arizona.

FINAL VOTE CAST BY THE LEGISLATURE ON HCR 2027

House - Ayes, 34

Senate - Ayes, 18