GAO Reports

In June 1998, Senators Jeffords and Levin requested a General Accounting Office (GAO) report on federal programs and policies affecting sprawl and urban growth. The report, COMMUNITY DEVELOPMENT: Extent of Federal Influence on "Urban Sprawl" is Unclear -- obtainable from the Government Accounting Office (GAO) -- found that while the federal government influences patterns of growth in local communities through spending, taxation, regulation, and administrative actions, further research is necessary to verify direct impacts of specific policies and programs. The report was released on April 30, 1999.

In March 1999, Senators Jeffords and Levin requested a GAO examination of Federal Aids and Barriers to Managing Growth. GAO's follow-up effort will examine how federal programs and policies affect the ability of state and local governments to manage growth. Original data will result from a survey administered to state and local officials, as well as five site visits: Albuquerque, NM; Atlanta, GA; Burlington, VT; Columbus, OH; and Fresno, CA. The date of completion is early September 2000.

In January 2000, Senators Jeffords and Levin and Reps. Wayne Gilchrest (R-MD) and Marty Meehan (D-MA), co-chairs of the House Sustainable Development Caucus, asked GAO to conduct a third smart growth-related study evaluating the environmental link to sprawl. The lawmakers expressed interest in identifying ways in which the federal government can assist states and localities address growth management issues, and asked GAO to pay particular attention to how prevailing patterns of development and growth affect water and air quality.

Committee Hearings and Field Events

The Senate Environment and Public Works Committee has conducted a number of smart growth-related hearings including Committee Hearings on Open Space and Environmental Quality; Perspectives on the Issue, Problems, and Proposals on March 17 and 18, 1999; and a Field Hearing: Growth and Livability in the Las Vegas Valley in July 1999.

In April 2000, Senator Max Cleland (D-GA), a Steering Committee Member of the Senate Smart Growth Task Force, hosted a field event in Athens, Georgia. It was the second of Senator Cleland's field events showcasing community efforts in land use planning and alternative transportation modes. Senator Cleland's August 1999 field event was held at Emory University in Atlanta, GA, and focused on local efforts in a city widely cited as one of the worst examples of urban sprawl.

Budget Resolution

Senators Max Cleland, Jim Jeffords, and Carl Levin proposed a Sense of the Senate Resolution to support the concepts of smart growth when making appropriations and revenue decisions. The resolution notes that the Senate should "continue to support economic expansion while taking into consideration the potential effect federal programs and policies will have in influencing local development and growth patterns." It also calls for rejecting "federal policies which inadvertently encourage growth patterns that are contrary to the wishes of the local community." Unfortunately, the Sense of Senate was not included in the final FY2001 budget package.

Federal-Local Partnerships

Senator Lincoln Chafee is crafting legislation to provide grants to states to assist with land use planning in order to promote improved quality of life, regionalism, sustainable economic development and environmental stewardship.

In April 2000, Senators Jim Jeffords, Carl Levin, Max Cleland, Edward Kennedy (D-MA) and Patrick Leahy (D-VT) voiced support for the new improved Innovative Community Partnership Program (ICPP). Between FY1996 and FY1998, ICPP, formerly known as the Sustainable Development Challenge Grant Program, awarded $10.5 million for 96 community-based programs which addressed a variety of environmental issues. This program seeks to fulfill a goal of the Task Force--to provide federal tools for local smart growth efforts.

Federal Facility Location

In March 1999, Senators Max Baucus (D-MT) and Jim Jeffords introduced the Post Office Community Partnership Act of 1999 (S. 556). The bill would enable local communities to participate in U.S. Postal Service decisions to relocate, close, consolidate, or construct new local post offices. The bill also would require local post offices to comply with local zoning, land-use, environmental and historic preservation laws. During the 105th Congress, Senators Baucus and Jeffords introduced a virtually identical bill that passed the Senate 76-21, but did not become law. The Senate Government Affairs Subcommittee on International Security, Proliferation and Federal Services Governmental Affairs Committee held a hearing on October 7, 1999. Companion legislation (H.R.670) has been introduced in the House.

In November 1999, Senators Patrick Leahy and Max Baucus introduced the "Downtown Equity Act of 1999," (S.1896) which clarifies the rules that govern how the Federal government makes decisions on where to locate its facilities by amending the Public Buildings Act of 1959 to give first priority to the location of Federal facilities in central business areas. The current laws and Executive Orders that govern Federal office space and building procurements are confusing and frequently in conflict with one another. Currently, strong preference is given to locating Federal facilities in rural areas (7 U.S.C. § 1926(a)(7) defines "rural" and "rural areas" as a city, town, or unincorporated area that has a population of no more than 10,000 inhabitants). A byproduct of these factors is that Federal procurements are promoting sprawl in both urban and rural communities.

Historic Preservation

In March 1999, Senator John Chafee (R-RI), along with Senators John Breaux (D-LA), Bob Graham (D-FL) and Jim Jeffords, introduced the Historic Homeownership Assistance Act (S. 664). The bill provides a 20 percent tax credit for the cost of rehabilitating historic homes.

Brownfield Revitalization

In June 2000, Environment and Public Works Committee Chairman Robert Smith (NH), committee ranking Democrat Max Baucus (MT), Superfund Subcommittee Chairman Lincoln Chafee (RI) and subcommittee ranking Democrat Frank Lautenberg (NJ) introduced a comprehensive bill reforming the brownfields program. The goal of the legislation is to clean up mostly small, abandoned, contaminated industrial or commercial sites not included on the Superfund's national priority list.

Annually, Senators Jeffords, Daniel Patrick Moynihan (D-NY) and other members of the Northeast-Midwest Senate Coalition send a letter to the Honorable Christopher S. Bond, Chairman, Subcommittee on VA, HUD and Independent Agencies, Committee on Appropriations expressing strong support for brownfields funding. The letters discuss how brownfield reuse and urban investment are essential to achieving sustainable growth patterns.

In July 1999, Senators Jim Jeffords and Daniel Patrick Moynihan, co-chairs of the Northeast-Midwest Senate Coalition, introduced the Small Business Brownfields Redevelopment Act of 1999 (S. 1408). The legislation seeks to link the Small Business Administration's (SBA) successful loan guarantee and community development corporation programs directly to specific brownfields financing needs. By setting aside a portion of SBA's program resources for brownfields redevelopment, S.1408 would connect existing and prospective small business owners with the capital they need to address cleanup concerns.

Permanent Funding for the Land Water Conservation Fund et. al.

There are several legislative initiatives to allocate revenues from Outer Continental Shelf (OCS) oil and gas activities for federal and state resource acquisition and protection, urban recreation, and wildlife protection. The House Resources Committee bill (H.R. 701, amended)  passed (315-102) the House on May 11, 2000. The House bill has been introduced by Senators Mary Landrieu (D-LA) and Energy and Natural Resources (ENR) Chairman Frank Murkowski (AK) (S. 2123), and a version that spreads funding out more evenly among the states has been introduced by ENR ranking member Jeff Bingaman (NM) (S. 2181). In addition, Senator Joseph Lieberman (D-CT) has introduced the Natural Resources Reinvestment Act (S. 1573), and Senator Barbara Boxer (D-CA) has introduced the Resources 2000 Act (S.446). The Resource Protection division of the Congressional Research Service has completed a thorough report on the various legislative initiatives, along with a state-by-state funding breakdown for each bill.

Public Transportation

In October 1999, Senator Frank Lautenberg (D-NJ) unveiled the High Speed Rail Investment Act (S.1900) to allow a credit to holders of qualified bonds issued by Amtrak. The legislation would authorize Amtrak to raise $10 billion over 10 years by selling high-speed rail bonds; states would have to match at least 20 percent of Amtrak's share. Cost to the federal treasury would be about $3 billion over 10 years.

In May 1999, Senator George Voinovich (R-OH) introduced the Surface Transportation Act of 1999 (S.1144), which seeks to provide increased flexibility in the use of highway funding, specifically for high priority projects and high speed rail corridors.

In February 2000, Senator Max Cleland (D-GA) introduced the "Road Back to Clean Air" (S.2088), which would provide communities with funding tools to meet air quality health standards and improve transportation mobility. This bill strengthens the conformity provisions of the Clean Air Act to ensure that areas of the country with air quality problems take into account the pollution impacts of proposed transportation projects.

Combined Sewer Overflow

In April 1999, Senators Bob Smith (R-NH) and Olympia Snowe (R-ME) introduced S.914, which seeks to address the serious water pollution problems associated with combined sewer overflow (CSO) systems. CSOs receive both storm water and untreated human and industrial waste, toxic materials, and debris. The Smith-Snowe legislation would clarify wet weather water quality goals and provide federal grants to help communities construct appropriate systems. This legislation is designed to help urban communities avoid another round of utility rate increases and sewer moratoriums that drives growth out into the green areas. The Senate Environment & Public Works Committee held a hearing on October 7, 1999.

In May 2000, Senator Snowe joined Representatives Bob Franks (R-NJ), James Oberstar (D-MN), Marty Meehan (D-MA) and Sherrod Brown (D-OH) in requesting a General Accounting Office study of the relationship between paved surfaces, vehicle miles traveled, and non-point source and fixed-point pollution.

Open Space

In August 1999, Senators Max Baucus and Orrin Hatch (R-UT) introduced legislation that would authorize $9.5 billion in bond authority for investments by state, local and tribal governments to preserve open space, clean up brownfields and protect water quality. The bill (S.1558) amends the Internal Revenue Code of 1986 to provide a tax credit for holders of Community Open Space bonds, the proceeds of which are used for qualified environmental infrastructure projects.

In April 1999, Senator Jeffords introduced the Conservation Tax Incentives Act of 1999 (S.808). The legislation seeks to reduce the capital gains tax by 50 percent for landowners who sell property for conservation purposes.