BILL HB10-1205
CAR Position - Neutral

Summary of HB10-1205

Sponsors: Ryden/Spence

The bill modifies statutory provisions relating to the land use planning by county and municipal governments to address the impacts of military installations. Section 1 of the bill adds military installations to the list of key facilities that are considered areas of state interest for purposes of statutory provisions governing areas and activities of state
interest (HB 1041 powers). "Military installation" is defined in section 2 of the bill as a base, camp, post, station, airfield, yard, center, or any other land area under the jurisdiction of the United States department of defense, including any leased facility, that is larger than 500 acres. Section 3 of the bill modifies existing statutory provisions requiring local governments to notify military installations of certain zoning changes occurring near such installations in the following respects:

  • Current law requires a local government with a military installation within its territory to submit to the commanding officer of the installation information about proposed changes to the local government's comprehensive plan or land development regulations that would affect any territory of the local government within 2 miles of the installation. Section 3 adjusts this provision by requiring a local government with territory within 2 miles of a military installation to submit to the installation commanding officer and the flying mission commanding officer information related to zoning changes that would affect any area within 2 miles of the installation. Section 3 also gives the military installation 60 days within which to review the information and submit comments to the local government on the impact the proposed changes may have on the mission of the military installation.
  • Section 3 also requires a county or municipal master plan to reflect the off-site impacts of a military installation using noise contour data provided by the United States department of defense.
  • Section 3 modifies the definition of "military facility", as it relates to the applicable statute, to include facilities larger than 500 acres, rather than those larger than 1,000 acres.
  • Finally, section 3 also clarifies that nothing in the bill is intended or shall be construed to require a county or municipality to prepare a new master plan in order to satisfy any of the requirements of the bill.

Section 4 of the bill adds "military installation" to the list of public places or facilities that may be included in a county or municipal master plan..

Status:

01/26/2010 Introduced In House - Assigned to State, Veterans, & Military Affairs
02/25/2010 House Committee on State, Veterans, & Military Affairs Witness Testimony and/or Committee Discussion Only
03/02/2010 House Committee on State, Veterans, & Military Affairs Refer Amended to House Committee of the Whole

03/08/2010 House Second Reading Laid Over to 03/12/2010
03/12/2010 House Second Reading Passed with Amendments
03/15/2010 House Third Reading Passed
03/18/2010 Introduced In Senate - Assigned to State, Veterans & Military Affairs

03/31/2010 Senate Committee on State, Veterans & Military Affairs Refer Unamended - Consent Calendar to Senate Committee of the Whole
04/08/2010 Senate Second Reading Laid Over Daily
04/12/2010 Senate Second Reading Passed
04/13/2010 Senate Third Reading Passed

05/03/2010 Signed by the Speaker of the House
05/10/2010 Signed by the President of the Senate
05/10/2010 Sent to the Governor
05/19/2010 Governor Action - Intends to Sign

Fiscal Notes

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