[Judith Anne]

I have a very bad feeling about the outcome...

[brat]

Phone, fax and mailblaster.com the Critters. According to Bob Barr, it DOES MAKE A DIFFERENCE. If we sit quietly by, we'll deserve what we get. While you are at it, knock off a quick email on the Immigration problem too.

[Quila]

They're forgetting one thing, state zoning laws. The locals are still restricted in following the federal guidelines if it conflicts with the state law. Time to start tightening up the state laws.

Either that or I just reminded them of something they forgot, and they'll bribe the states to change their laws.

[kcvl]

Can't these people MIND THEIR OWN BUSINESS?!

Key Provisions

H.R. 1433

The bill authorizes $50 million per year for 5 years for a grant program aimed at state and local planning.

HUD is the administrative agency for the grant program.

Individual grants of up to $1 million for states and $200,000 for Tribal Governments are available.

A minimum local match of 10 percent is required.

The purpose of grant program is to assist in the development or revision of state planning legislation, promote the implementation of planning in states with updated statutes, or planning for multistate regions.

The development or revision of state planning legislation is designated as the first priority for grants.

The bill establishes eligibility guidelines for receiving grants. The guidelines state that the basic goals of planning legislation / reform be consistent with the following principles:

citizen participation, multijurisdictional cooperation, implementation elements, comprehensive planning (which is further defined in the bill), regular updating, and professional standards. Grants may be use for the purposes of drafting legislation, R&D for planning programs or legislation, workshops and public meetings, and coordination with regional and federal land use planning.

S. 975

The Senate version attempts to clarify some legislative language and intent.

It authorizes $25 million per year for 5 years, plus an additional $1 million per year for an educational and informational grant program for planning / zoning officials.

The administrative agency for the program would be the Economic Development Administration.

In addition to the primary state grant program, the bill creates a local pilot project grant for local governments. This was done in an effort to clarify that grants could be used for local activities.

The bill creates ranking criteria for evaluation of grant applications. Six elements are set up as criteria:

outdated legislation, facilitate development of plans consistent w/ reform legislation, facilitate regionalism, experiencing significant growth, protect environment and promote economic development, and state financial commitment. The reform of outdated legislation is designated as the "fundamental priority."

The bill maintains the House bill's "eligibility criteria" but adds a stronger focus on environmental protection and public infrastructure.

The bill explicitly states that grants can be used by local governments for implementation of planning and to acquire new technologies for planning.

"No state in the nation is immune from the effect of rapid unplanned development. Suburbanization is expensive, costing state and local taxpayers dearly for extending roads and infrastructure and building new schools. Even states considered more rural are now facing rapid alterations in land use and quality of life. Federal grants under this act would help states promote citizen participation in the developing of plans, encourage sustainable economic development, coordinate transportation and other infrastructure development, conserve historic, scenic resources and the environment, and sustainably manage natural resources."

Sen. Lincoln Chafee
July 27, 2000
in the United States Senate

[Maelstrom]

bump.
If any government law or regulation can be abused, it WILL be abused.

[Samwise]

The Community Character Act

The name alone was enough to send chills up my spine.

[metesky]

Executive Summary of the HUD/APA Smart Growth Legislative Guidebook

Some chilling excerpts from the summary:

By adopting the model statutes,
a state is subjecting itself
to the mandates and policies of the federal government.

Uniform national standards have been
devised that include technical
specifications even for such
traditionally local issues as parking and landscaping. (8-101)

The practices of a small minority
of states are recommended for adoption
by all states - for example,
the Guidebook recommends and authorizes amortization
of non-conforming uses while currently
only eight states authorize even a limited
form of what the Guidebook recommends. (8-502)

Model statutes confer broad regulatory
power in "local governments"
- local governments being broadly defined as
"any county, municipality, village, town, township,
borough, city or other general purpose political subdivision." (3-101)
This means, for example, that New York County, New York City
and the Borough of Manhattan could all regulate land use in Times Square.

State legislatures must require local governments
to draft ordinances to mandate that virtually all
employers adopt and implement a commute trip
reduction program which must include, among other things,
designation of a transportation coordinator,
annual reporting to local authorities and implementation
of transportation measures, such as providing subsidies
for transit fares and permitting the use of
the employer's vehicles for carpooling. (9-201)

And this , which to me is one of the scarriest provisions:

Administrative warrants can be issued to search
private property if the search is consistent with
a valid administrative scheme, such as housing safety -
probable cause is not required.
Inspection warrants issued pursuant to an administrative
scheme can be easier to get than
criminal search warrants. (11-104(4);
see also Camara v. Municipal Court, 387 U.S. 523 (1987)
and See v. City of Seattle, 387 U.S. 541 (1987))

Check it out.

[sweetliberty]

Nothing like having international terorism backed up by domestic terrorism, fully supported and promoted by our own lawmakers.

[Ahban]

bump

[lodwick]

Thanks for this alert. bttt

[RadioAstronomer]

Bump for later read.

[Republic]

I find the names on the list of senators trying to ram this through to be alarming to the max (as noted in article at top). We must never ever give up local authority over land plan use. Ever. Eminent domain is bad enough... a bill that would pass all the power over all the land in the US into the hands of special interest groups is threatening, beyond belief. What can we do?

[GuillermoX]

I'm certain Bush will end up signing it if it makes it onto his desk. Taking away another issue for the Dems, ya know?

[Constitutional Patriot]

Interesting. These are the same people who are fighting tooth and nail to take our guns. Hey...they are also the ones who support McCain's "campaign finance reform" which makes it illegal to tell the truth about a candidate (incumbant) within 60 days of an election. All this and they are trying to eliminate our private property rights too?

Sounds like communists to me. Yup, definately communists.

[secretagent]

A certain percentage of current land owners will have to forsee profits or "damage limitation" from the scheme at each step to keep them from organizing. That seems quite doable - witness the broad support (lack of opposition) for current zoning laws.