Issue Briefing:

1
American Planning Association 2006 Legislative
Policy Conference Planners Day on Capitol Hill

• Issue Briefing
• Safe Communities Act of 2005

2
American Planning AssociationPlanners Day on
Capitol HillPlanning for Security, Safety and
Hazard Mitigation

• Support security and emergency management
  planning that is integrated with overall
  community development objectives, in order to
  achieve a balanced approach.
• The challenge for planning and security is to
  develop a process and regulations that
  realistically integrate both processes and bodies
  of knowledge.

3
American Planning AssociationPlanners Day on
Capitol HillPlanning for Security, Safety and
Hazard Mitigation

• The potentially devastating impacts of natural
  disasters on people and property can and should
  be curtailed through hazard mitigation planning.
• Support federal policies that create incentives
  and provide assistance for the development of
  local and state mitigation plans and related
  processes such as infrastructure mapping and risk
  assessments.

4
American Planning AssociationPlanners Day on
Capitol HillPlanning for Security, Safety and
Hazard Mitigation

• Support continued research and data collection
  related to hazard mitigation, including the
  modernization of flood maps.
• Federal mitigation planning assistance should be
  provided both before and after disasters strike.
• Hazard Mitigation Grant Program (HMGP)
• Predisaster Mitigation Program (PDM)

5
American Planning AssociationPlanners Day on
Capitol HillThe Safe Communities Act of 2005
(H.R. 3524)

• What does H.R. 3524 do?
• The bill authorizes the Secretary of Homeland
  Security to make grants to encourage community
  safety by incorporating disaster mitigation and
  emergency preparedness into comprehensive land
  use planning and urban development, and for other
  purposes.

6
American Planning AssociationPlanners Day on
Capitol HillThe Safe Communities Act of 2005
(H.R. 3524)

• What does H.R. 3524 do?
• Grant-eligible projects include
• comprehensive risk assessment and inventory of
  critical infrastructure
• land-use planning for natural hazards and
  terrorism security
• updating building codes and urban design
  techniques for risk-reduction

7
American Planning AssociationPlanners Day on
Capitol HillThe Safe Communities Act of 2005
(H.R. 3524)

• Why is H.R. 3524 important?
• Disaster response and relief efforts impose
  significant costs to U.S. taxpayers.
• Federal expenditure is heavily weighted to
  post-disaster recovery, rather than mitigation.
  Investment in prevention will save both lives and
  money.
• Smart planning can redirect development away from
  hazardous areas and protect lives and property
  from future disasters.

8
American Planning AssociationPlanners Day on
Capitol HillThe Safe Communities Act of 2005
(H.R. 3524)

• Why is H.R. 3524 Important?
• Prevailing land use patterns often place people,
  structures, and environmental systems at great
  risk.
• Poorly-regulated rural communities and small
  towns located on the metropolitan fringe often
  face significant growth pressures, resulting in
  haphazard development patterns that do not
  incorporate regional impacts on critical
  disaster-reduction systems, such as open space
  and wetlands.

9
American Planning AssociationPlanners Day on
Capitol HillThe Safe Communities Act of 2005
(H.R. 3524)

• Why is H.R. 3524 important?
• Land use and public facility planning at both the
  state and local levels have not had adequate
  financial resources to fully incorporate the
  threats posed both by natural and human-caused
  disasters.

10
American Planning AssociationPlanners Day on
Capitol HillThe Safe Communities Act of 2005
(H.R. 3524)

• How much will H.R. 3524 cost?
• The bill authorizes 57.25 million to be
  appropriated each year for the fiscal years 2007
  through 2011.
• Flooding caused an average of 4.4 billion per
  year in private and public property damage
  (1990-2003).
• Annual federal spending on wildfire suppression
  exceeds 1.6 billion.
• Earthquakes cause an additional 4.4 billion of
  damage each year.

11
American Planning AssociationPlanners Day on
Capitol HillThe Safe Communities Act of 2005
(H.R. 3524)

• How much does H.R. 3524 cost?
• The World Bank and U.S. Geological Survey have
  estimated that 40 billion invested in risk
  reduction strategies could have saved as much as
  280 billion in worldwide economic losses from
  disasters in the 1990s a seven dollar return
  for each dollar invested.

12
American Planning AssociationPlanners Day on
Capitol HillThe Safe Communities Act of 2005
(H.R. 3524)

• Hazard mitigation is a top legislative concern of
  the nations planners.
• Federal policy has a dramatic influence on
  community development and subsequent quality of
  life.
• Planning for a disaster resistant community can
  help save lives and money. Pre-disaster
  mitigation plans are fiscally responsible.
• Planners support H.R. 3524 because it encourages
  investment in states and local governments that
  foster the fundamental principles of good
  planning.

13
American Planning AssociationPlanners Day on
Capitol HillThe Safe Communities Act of 2005
(H.R. 3524)

• Congress should adopt a comprehensive safe growth
  agenda.
• Restore the Hazard Mitigation Grant Program to
  15
• Adequately fund the Pre-Disaster Mitigation
  Program
• Continue to support the Flood Map Modernization
  Initiative
• Use risk-based assessment to determine
  communities in need of federal support
• Improve access to technology at the state and
  local level encourage inter-jurisdictional
  cooperation and data sharing
• Co-sponsor H.R. 3524

14
Issue Briefing Community Development Block
Grants Federal Eminent Domain Legislation

• 2006 Planners Day on Capitol Hill
• January 31, 2006
• Washington, DC

15
CDBG Under Assault in 2005

• Budget Votes Demonstrate Support for CDBG
• SACI Authorization Bill Not Submitted in 2005
  Administration Convenes a Task Force
• Final Appropriations Keep CDBG independent and at
  HUD, but
• Funding Cut
• FY05 4.3 Billion
• FY06 3.7 Billion

• Presidents Budget Proposes Consolidation
  (a.k.a. elimination)
• CDBG would be part of Strengthening Americas
  Communities Initiative at Commerce Dept.
• Groups Mount No Move. No Cut. Campaign
• Congress Proves Skeptical of Administrations
  Plan

16
CDBG Outlook for 2006

• Threat Remains
• Consolidation Plan Likely in New Budget Plan
• Admin Task Force Recommends SACI Authorization
  Legislation
• Funding Cuts Become Key Focus in Tight Budget for
  Domestic Programs
• Other Community Development Programs Also at Risk
• Election Year Dynamics

17
CDBG Our Ask

• Thank you for Supporting CDBG in 2005
• Dont Move it.
• Keep CDBG at HUD
• Fund it.
• Restore Funding to FY05 Levels (4.3 Billion)

18
Eminent Domain Action in 05

• Kelo Decision Ignites Controversy and Legislation
• Property Rights Movement Regains Hill Momentum
• Initial Flurry of Activity

• House Passes Sensenbrenner Bill
• No Action in Senate
• Senate Focuses on Amendment to HUD Spending Bill
• Amendment Adopted
• Other Bills Still Pending but Action Uncertain

19
Eminent Domain Federal Bills

• Lots Introduced
• 11 Bills
• 2 Resolutions
• 1 Constitutional Amendment
• House Passes Private Property Rights Protection
  Act
• Broad Prohibition
• New Legal Recourse
• Seven Year Window

• HUD Appropriations Amendment becomes Law
• 1 Year Ban
• Several Exemptions, Including Blight, Disaster
  Recovery
• Requires GAO Study
• No Senate Action on Stand Alone Eminent Domain
  Bill

20
Eminent Domain Outlook for 06

• Mission Accomplished Sentiment on the Hill
• Senate Action on Separate Legislation Seems
  Unlikely (for now)

• 1-year Ban Must Be Renewed in Annual
  Appropriations Process
• GAO Study, State Legislation Could be Key

21
Eminent Domain Our Position

• Support Thoughtful Reform by the States
• Good Planning Process is Key
• Avoid Unintended Consequences
• Wait for GAO Study Findings
• Give Local Examples

22
What do we want

• Safe Communities Act
• Cosponsor HR 3524 Introduce Senate Version
• CDBG
• Keep it. Fund it (at FY05 levels).
• Eminent Domain
• Reform after careful study and analysis to avoid
  unintended consequences. Planning is key.
• Localize the issue.