Thursday, February 17 2000

By Howard Fischer
Capitol Media Services

PHOENIX - Rejecting most proposed changes, state lawmakers approved the Growing Smarter Plus program last night.
The measure will put a series of new laws on planning and growth on the books once Gov. Jane Hull delivers her anticipated signature. The changes are designed to give cities and counties more power to curb sprawl.
Both the Senate and House blessed the package by wide margins last night.
That sets up a November vote to ask Arizonans if they want to make up to 270,000 acres of state land forever off limits to development. That ballot measure includes a list of the first 70,000 acres to be preserved.
Approval came after supporters of the plan succeeded in beating back efforts to tinker with it - notably that 270,000-acre cap.
Opponents of the cap, which amounts to 3 percent of the more than 9 million acres of state trust land, contend that it is far too low. They also fear that putting the cap in the state constitution and in necessary parallel federal legislation will make it impossible to change.
Lawmakers who want the cap counter that state lands are held in trust, with proceeds from sold or leased land earmarked to aid public schools. More land removed from potential development translates to less cash for education.
``We are giving away our kids' heritage,'' complained Rep. Jake Flake, R-Snowflake, of efforts to remove the cap. ``We don't have the right to do that.''
Sen. Chris Cummiskey, D-Phoenix, said that argument is flawed. While income from trust lands has increased, the amount of money set aside for education has not.
It also is unclear whether a cap is necessary to get congressional approval.
Arizona inherited the state trust lands from the federal government when it became a state in 1912, with the proviso that they be used for education. Any plan to place those lands off limits without getting cash in return requires a change in the federal law that enabled Arizona to become a state.
Gov. Hull has said Congress won't make that change without the 3 percent cap. But Rep. Carolyn Allen, R-Scottsdale, said U.S. Sen. Jon Kyl personally told her it is unnecessary.
Allen said lawmakers who want a 3 percent cap should put it into statute, which can easily be changed, and not into the state constitution, where amendments require voter approval.
Rep. Jim Weiers, R-Phoenix, countered that aides to U.S. Reps. John Shadegg and Bob Stump told him that Congress won't amend the enabling act without a cap.
Several other proposed changes to the Growing Smarter plan also were defeated.
One would have allowed individuals to petition to have specific properties set aside for permanent conservation. That leaves intact language that requires that these nominations come from city or county governments.
Also rejected was a proposal to allow the Legislature, by simple majority vote, to earmark lands as off limits to development. Under the plan, it takes a two-thirds vote by lawmakers for automatic preservation; a simple majority vote sends the question to voters.
The package has drawn derision from environmental and conservation groups.
Sandy Bahr, lobbyist for the Sierra Club, said the changes are little more than window dressing. Her organization claims it already has enough signatures on petitions to put a more far-reaching proposal on the November ballot.
That plan would mandate that cities enact growth boundaries. Developers would have to pay the full cost of additional roads, schools and other improvements for their projects. Cities also would be required to get voter approval for general-plan changes and any major amendments.
Conservation groups don't like the constitutional provision for land preservation, claiming the limit of 270,000 acres is too low.