Prop. 301 would take open-space funds away

Arizona Daily Star
October 1, 2010
Tony Davis

A state fund to save open space created by voters during a real estate boom may soon be shifted to other state programs at a time when things have gone bust.

Proposition 301 is an appeal by the Legislature and Gov. Jan Brewer to allow the transfer of $123 million from its "Growing Smarter" program for open space into the state's general fund.

Because voters created the program 12 years ago, they must agree to let the money be used for programs lawmakers say are higher priorities during a budget crisis, such as schools, public safety, prisons and health care.

Rep. John Kavanagh, chairman of the House Appropriations Committee, said Arizona is facing a potential $700 million budget shortfall for the year and another $1 billion shortage next year.

"This is triage. We're trying to separate the 'nice to have' from the programs we need to have," he said.

But Proposition 301 is drawing stiff opposition from conservationists who point out this is the only pot of money in the state that can be used for saving open space, which many polls have shown to be a top priority among voters.

The Marana and Pima County governments would like to buy a large amount of state land in the Tortolita Mountain foothills using Growing Smarter money, once they find local money to match the state dollars.

"The voters were asked by the Legislature to put money aside for open space and parks," said Carolyn Campbell, director of the Coalition for Sonoran Desert Protection and head of the No on 301 campaign. Otherwise, "The Legislature hasn't put a penny into open-space funding."

Given the poor economy and the budget crisis, voters are probably more inclined to favor taking this money from open space than they might be in better times, said Bruce Merrill, a longtime pollster and retired Arizona State University communications professor.

Growing Smarter history

The Growing Smarter open-space fund was created at a radically different time, when rapid growth seemed inevitable and growth's effects were among the biggest issues in Arizona.

Bulldozers were rolling across huge swaths of lush Sonoran Desert to build new subdivisions for newcomers and others.

Environmentalists were planning a ballot initiative to set up urban growth boundaries beyond which new development would be limited. Developers recoiled.

"Growing Smarter" was seen a way to head off that plan.

For others, setting aside $20 million a year for 11 years to save some beautiful, state-owned land that most likely would otherwise be sold for development to raise money for public schools seemed the right thing to do.

Environmentalists opposed Growing Smarter at the time - not the land-saving part but some land-use proposals like a restriction that forbade the state from ever enacting urban growth boundaries on its own.

Development slows

Today, although the bulldozers have largely stopped because of the housing crisis, many of the same environmental groups say it's still important to save what's left of the open-space fund, with nearly $100 million already spent. The Legislature may not have all $123 million left to sweep by the time Election Day comes. The State Land Department plans separate auctions between now and Nov. 2, to sell state land to Phoenix, Scottsdale and Coconino County, for $52 million in Growing Smarter funds.

That $52 million, and all Growing Smarter money, must be matched by local governments to buy state land, note environmentalist Campbell and fellow 301 opponent Sandy Bahr, director of the Sierra Club's Grand Canyon chapter. Both the state funds and the matching money go largely into public education, Bahr said.

"When you talk about taking $123 million away, you're talking about taking away twice that much from the schools," said Bahr. "It's safe in the trust for schools, but if it goes into the general fund, there is no guarantee it will go into schools or anything else. It could go into tax breaks for big business."

But Kevin McCarthy, president of the Arizona Tax Research Association, said that it is "pretty absurd" to spend money on open land after the state lost 40 percent of its tax revenue.

"I'd like to think that most people view these core functions of government, schools and health care are more important. Take the real possibility that if our budget situation persists, we may have to start letting convicts out of prison, and have more and more layoffs in the K-12 system," he said. "You ask the average Arizonan and they will say instead of that policy choice we will stop buying open space."

As Kavanagh sees it, the Legislature is respecting voters by going back to them and saying that conditions have changed and they have higher priority needs now.

"Our position is more democratic than their position," Kavanagh said of 301's opponents. "Their position is what voters approved 10 years ago, they should not be allowed to revisit it."

Campbell, however, cites Tumamoc Hill west of downtown Tucson as one reason the open space fund is needed. Tumamoc required about $2.4 million in Growing Smarter money and local matching funds to buy 320 acres from the state to ensure its preservation.

"The fund is inadequate. But it is all we have," she said.