A bill that created constitutional takings concerns for cities has been amended and reduces those concerns.
HB 2550 originally proposed to change state environmental policies from a “no net loss” standard to achieving a “net ecological gain.” The bill was amended in committee, changing it to a study bill.
HB 2550 posed significant takings concerns for cities in its original form. The bill also put the cart before the horse in implementing the change while simultaneously directing the Office of Financial Management (OFM) to submit a report to the Legislature about how to incorporate and implement a “net ecological gain” standard under the various environmental state laws. Of particular interest to cities, this OFM assessment included opportunities and challenges for local governments to implement a new “net ecological gain” standard.
The amended version changes all of that. HB 2550, as passed out of committee, strikes everything but the requirement directing OFM to report to the Legislature by December 1, 2020, on how to incorporate a “net ecological gain” standard into state land use, development, and environmental laws and rules. The amended bill also made changes to the assessment process by:
- Requiring consultation with federally recognized Indian tribes, local governments, and stakeholders with subject-matter expertise; and
- Adding an assessment of how overall state net ecological gain can be achieved through either the use of net ecological gain in specific environment, land use, and development laws or through an enhanced approach using a “no net loss” standard.
Cities appreciate these changes and look forward to working with OFM on the assessment.
Dates to remember
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HB 2550 is scheduled for a committee vote in the House Appropriations Committee at 1:30 pm on Monday, February 10.