2010 Conservation via Initiative, Referendum, or Proposition

2010 Conservation via Initiative, Referendum, or Proposition
Vote results on ballot measures of November 2, 2010 that could help or hurt environmental protection.

Having just survived the third consecutive pendulum-swing national election this November 2010, we thought it apropos to give a run-down of the various conservation measures that were placed on state ballots across the country. Despite the conservative turn of the nation and the focus on balancing the national budget, it’s encouraging to see that people all over the country still value conservation, even in these trying economic times.

The source for all our information is Ballotpedia and the National Conference of State Legislatures‘ State Ballot Measures Database. The following summary includes citizen-initiated legislation, referenda in response to existing laws, ballot measures created by state legislatures, and proposed state constitutional amendments. See Ballotpedia’s discussion of direct democracy for more details.

This list of 27 ballot measures is comprehensive and includes those that were explicitly oriented toward the environment or conservation. A few others, which in our opinion had potential to affect natural resource management or financing, are included, such as land use planning and bond issues.

We had the temerity to make a cursory judgment, indicated by thumbs up or thumbs down, as to the conservation value of each final vote. Please feel free to comment if you disagree or can add something to the discussion!

Alaska Bond Package Question passed with 59% of the vote.

The measure will create a $380 million bond package, $40 million of which would fund a fish and game research building in the Kodiak region of the state.

Arizona Land Conservation Fund Transfer, also known as Proposition 301, or HCR 2002, was rejected by 74% of voters.

The measure would have transferred $123.5 million from a land conservation fund to the general fund to help balance the state budget. Plans to use the conservation money included expansion of a Sonoran Preserve and important corridor habitat.

Arizona State Trust Lands Question, Proposition 110, was rejected by 50% of voters.

The measure would authorize the exchange of state trust lands in order to protect military installations. Proponents say this measure will make sure that land exchanges have to include analyses that include fiscal impact, public hearings and approval of voters. Opponents say it could negatively affect open space preservation.

Arizona Hunting and Fishing Amendment, also known as Proposition 109, or HCR 2008, was rejected by 56% of voters.

The measure would have given a constitutional protection to the right to hunt in Arizona, and prohibit citizens from using the ballot initiative to make laws regarding hunting and fishing by giving exclusive authority to the legislature to do so.

Arkansas Hunting Rights Amendment, Issue 1, passed with 83% of the vote.

This resolution proposes to amend the Arkansas Constitution to provide for a constitutional right for citizens of the state of Arkansas to hunt, fish, trap, and harvest wildlife. The resolution states that the right would be limited only by the regulations consistent with Amendment 35 of the Arkansas Constitution.[5]

Arkansas Interest-Rate Limit Question, Issue 2, about the Issuance of Government Bonds to Finance Energy-Efficiency Projects passed with 64% of the vote.

Supporters say the measure would eliminate below market governmental interest caps that currently prevent bond funding of essential projects.Opponents fear the issue will result in energy efficiency projects taking precedence over other government services.

California Vehicle License Fee for Parks Act, or Proposition 21, was rejected by 58% of voters.

Proposition 21 would have created a dedicated fund for the state’s 278 parks by increasing vehicle license fees in the state $18 a year. This would have raised about $500 million and affected about 28 million vehicles.

California Proposition 23, was rejected by 61% of voters.

This measure would have suspended AB32, the "Global Warming Solutions Act of 2006,” until California's unemployment rate drops to 5.5% or below for four consecutive quarters. California's unemployment rate has met this criterion only three times since 1980. The measure would have required the State to abandon implementation of a comprehensive greenhouse gas reduction program that includes increased renewable energy requirements, mandatory emission reporting, and fees for major polluters such as power plants and oil refineries, until the suspension ended.
AB 32’s greenhouse gas reduction requirements are to be achieved partially through “early actions,” such as regulations affecting landfills and biofuels. In addition, under AB32 authority, California raised its Renewable Portfolio Standard to 33% by 2020. The year 2012 will see initiation of a cap and trade system that creates a regional compliance market for carbon, renewable energy technology and associated jobs, and for the first time, a compliance market for forest stewardship offsets.
Perhaps more so than other state measures, Prop 23’s loss in California and the implementation of AB32 have far-reaching regional, national and possibly even international implications. Congress failed to pass national energy legislation in 2010, and most likely for the next two years, at minimum.
California’s cap and trade system will be the third such system implemented in the U.S. behind the Regional Greenhouse Gas Initiative of the Mid-Atlantic States and the voluntary Chicago Climate Exchange, which closed October 21, 2010 after mandatory cap & trade legislation failed to pass. More and more, the California market and its potential partners within the Western Climate Initiative , are being seen as a final test case for cap and trade in the U.S.

California Proposition 26, Supermajority Vote to Pass New Taxes and Fees, passed with 53% of the vote.

Proposition 26 requires a two-thirds supermajority vote in the California State Legislature to pass many fees, levies, charges and tax revenue allocations that under the state's previous rules could be enacted by a simple majority vote. This includes those that address adverse impacts on society or the environment caused by the fee-payer’s business. The measure has several effects: (1) it expands the definition of what a state tax is; (2) it raises approval requirement for some state revenue proposals, including those already passed which must be extended or increased; and (3) it repeals conflicting state laws passed since Jan 1, 2010.
The projected impact of this measure is decreased state and local revenues as a result of the higher threshold for approval. Predictably, businesses, the Chamber of Commerce and those touting increased jobs supported the measure. A long list of health, environmental, community, public safety, labor, and government organizations came out against it, as essentially a “polluter protection act,” as well as a bureaucratic nightmare for local governments who could be forced to require dozens of special votes for routine and reasonable fees.

Colorado Exempt Possessory Interests in Real Property, Amendment R rejected by 62% of voters.

Starting in 2012, Amendment R would have exempted a possessory interest (created when an individual or business uses government-owned land for private purposes) from property taxation if the market value of the interest is $6000 or less. This had potential to affect small ranchers who rely on Forest Service and Bureau of Land Management grazing allotments on public lands to supplement their operations.

Florida Comprehensive Land Use Plans, Amendment 4, also known as "Referenda Required For Adoption And Amendment of Local Government Comprehensive Land Use Plans," was defeated with 67% of the vote (passage required 60% of the vote).

The initiative proposed requiring a taxpayer-funded referendum for all changes to local government comprehensive land-use plans. The initiative was promoted by the organization Hometown Democracy, which states that “Rising taxes, falling home values, gridlocked roads, dwindling water supplies and Florida’s disappearing beauty are just some of the devastating consequences of Florida politicians’ habit of rubber-stamping speculative land use plan changes.”
However, such changes were projected to occur 200-300 times per year, increasing local government costs. Opponents, including the Florida Farm Bureau, argue that this change could increase the jobless rate.

Georgia Energy Project Contracts, Amendment 4, passed with 61% of the vote.

The measure authorizes state multiyear contracts for energy efficiency and conservation projects. Future savings in energy expenditures will help pay off the debt for energy-efficiency improvements, while creating an estimated 11,000 jobs.

Idaho Power Amendment, HJR 7, passed with 57% of the vote.

amend the Idaho Constitution to allow power producing cities in the state to reserve bonds in order to increase power capacity. The measure is one of three proposed amendments on the ballot that would help clear up confusion about when local governments can fund projects if taxpayer money isn't used to reimburse a debt.
The first part will allow any city owning a municipal electric system to acquire, construct, install and equip electrical generating, transmission and distribution facilities for the purpose of supplying electricity to customers within its service area. The city will be authorized to issue revenue bonds to pay for such facilities, with the assent of a majority provided electric system rate changes are used to pay for them, not taxes. The second part will allow any city owning a municipal electric system to enter into agreements to purchase, share, exchange or transmit wholesale electricity to customers within its service area, without voter approvalso long as actions are paid for through rate changes not taxes.

Indiana Property Tax Cap Amendment passed by 72% of the vote.

A taxpayer's property tax liability on homesteads, residential property, agricultural land and other real property will be limited. The limit says taxes on agricultural land may not exceed 2% of the gross assessed value of the property that is the basis for the determination; however the Farm Bureau opposed the measure, stating that all property should be taxed at the same rate.

Iowa Natural Resources and Outdoor Recreation Trust Fund Amendment passed with 63% of the vote.

This measure creates a Natural Resources and Outdoor Recreation Trust Fund. Its revenue would come from a sales tax increase of three-eights of one percent. 63% This would establish permanent revenue for natural resources and outdoor recreational programs, generating as much as $150 million a year. Specific allocations include support for state natural areas, soil and watershed protection, recreation resources, local partnership projects, outdoor trails and lake restoration.

Louisiana Natural Resource Severance Taxes, Amendment 2, passed with 58% of the vote.

The measure proposed decreasing the amount of taxes retained by the state on the severance of natural resources. Those in favor of this measure saw it as a better way to compensate those parishes which produce the most oil and gas for the state. It is estimated that around $35 million in the first year would be lost at the state level as it is given to the local level instead. Those opposed believe that since mineral resources belong to the state, the revenues should remain at the state level.

Massachusetts Comprehensive Permits and Regional Planning Initiative, Question 2, was rejected by 59% of voters.

This measure repeals an existing state law, Chapter 40B, that allows a qualified organization wishing to build government-subsidized housing that includes low- or moderate-income units to apply for a single comprehensive permit from a city or town's zoning board of appeals (ZBA). Both proponents and opponents of the measure base their arguments on a superior ability to promote affordable housing in one of the country’s most expensive metropolitan areas. One lawmaker in support of the initiative stated that 40B takes away any ability of towns to plan for their growth — “the growth is at the whim of the developer.”

Maine Conservation Bonds issue, Question 3, passed with 59% of the vote.

The measure will issue $9,750,000 in bonds to invest in land conservation and working waterfront preservation and to preserve state parks. These funds must be matched by $9,250,000 in federal and other funds.

The Montana Hunter Access Funding Initiative, I-161, passed with 54% of the vote.

It abolishes outfitter-sponsored nonresident big game and deer combination licenses, replacing the 5,500 big game licenses with 5,500 general nonresident big game licenses. It also increases the nonresident big game combination license fee from $628 to $897 and the nonresident deer combination license fee from $328 to $527. It provides for future adjustments of these fees for inflation. The initiative allocates a share of the proceeds from these higher license fees to provide an estimated $700,000 annually for hunting access and an estimated $1.5 million annually for habitat preservation and restoration.
This measure is not unanimously supported by conservation interests, however. The Rocky Mountain Elk Foundation opposed it on the grounds that “I-161 is likely to increase private leasing of lands in an unregulated manner, and that will go against both sides in this debate.

Montana Prohibit Any New Tax on the Sale or Transfer of Real Property, CI-105, passed with 73% of the vote.

There is no existing state or local tax on transactions that sell or transfer real property in Montana. CI-105 amends the Montana Constitution to prohibit state or local governments from imposing any new tax on transactions that sell or transfer real property, including homes, farms, and ranches. This will limit future tax burdens for property owners, but cut off a revenue stream that has been used in other states to protect land through easements and acquisition. The Montana Stockgrowers Association supported the measure.

North Dakota State Legacy Fund Establishment, Measure 1, passed with 64% of the vote.

The Legacy Fund will be created by taking 30% of the state’s oil and gas revenues, and depositing it in a fund, which cannot be used until 2017. After 2017, up to $15 million at a time can be withdrawn and spent with a two-thirds vote in both chambers of the state legislature for any uses that could benefit future generations.
The North Dakota Farmers Union opposed Measure 1. According to the president Robert Carlson, they opposed the measure because they believe money should be spent on infrastructure in areas negatively affected by the "oil boom."

The North Dakota Fenced Hunting Ban, Measure 2, was rejected by 57% of voters.

The measure’s primary proponent, the grassroots North Dakota Hunters for Fair Chase included among its arguments in favor of the bill that it would “prevent the creation and expansion of commercial markets for wildlife” and “combat the bankrupt image the paid shooting of captive animals creates, an image that reflects on all legitimate hunters.” Opponents rested their objections on protection of private property rights.

The Oregon Lottery Funds for Natural Resources Amendment, Measure 76, passed with 69% of the vote.

This measure continues constitutional dedication of 15 percent of lottery proceeds for parks, beaches, wildlife habitat, and watershed protection beyond 2014.

The Rhode Island Capital Bonds for Open Space, Question 4, ($14.7 million total) passed with 65% of the vote.

The measure will allow the state to issue general obligation bonds to acquire title to land in and around what used to be Rocky Point Park to establish the land as a public park. The money for the project will not exceed $10 million. $1.5 million will also be used to renovate Fort Adams State Park in the city of Newport.

The South Carolina Hunting and Fishing Amendment, Amendment 1, passed with 89% of the vote.

The measure will solidify the right that residents in the state already have to hunt and fish.

The Tennessee Hunting Rights Amendment passed with 87% of the vote.

This measure gives citizens of Tennessee the “personal right to hunt and fish, subject to reasonable regulations and restrictions prescribed by law.”

Washington Schools Energy Efficiency Projects, Referred Bill 52, was rejected by 55% of voters.

R 52 would have issued $505 million in bonds to finance energy efficiency projects for the state's K-12 and higher education systems. Lawmakers estimated it would create 40,000 jobs, although some lawmakers disputed this statistic.