Arizona Military Airport Preservation Committee 2003 ANNUAL REPORT Committee Members Senator Robert Blendu, Cochair Senator Harry Mitchell The Honorable Casey Prochaska The Honorable Max Wilson Mr. John Ogden Mr. Jim Mazzocco Mr. Tom Manfredi Mr. Mark Winkleman Representative Phil Hanson, Cochair Representative John Loredo The Honorable Elaine Scruggs The Honorable Larry Nelson Mr. Mark Spencer Brig. General Thomas Browning Mr. Bill Kelley Mr. Bruce Wright Arizona Military Airport Preservation Committee PURPOSE In conjunction with the State Land Department, the Arizona Military Airport Preservation Committee is required to make recommendations to the Legislature to preserve the long-term viability of military airports and the private property rights of property owners in the vicinity of military airports. INTRODUCTION Duties Established by Laws 1995, Chapter 62, the Arizona Military Airport Preservation Committee, in conjunction with the State Land Department, is required to: + work with political subdivisions and the Department of Commerce to encourage development that is compatible with military airports by recommending nonresidential uses and other economic strategies for highdecibel property; + consider the purchase or exchange of land or development rights as a method of achieving the goals of preserving the long-term viability of military airports and private property rights; + study and promote a constitutional mechanism to exchange State trust lands for private or public lands; + create a data base of ownership and purchase information for properties located in the vicinity of military airports; + consider the accuracy of existing noise contours as they are issued and facilitate the development and distribution of metes and bounds legal descriptions of noise contours to be utilized in the implementation of State law; + conduct an engineering survey to assist in the development of legal descriptions for land within the noise contours of Luke Air Force Base and the Marine Air Corp Station- Yuma; + conduct a baseline study to determine the condition, mission, growth capacity, potential long-term outlook and obstacles to future utility and development of at least the following military airport bases: Davis-Monthan Air Force Base, Luke Air Force Base, Fort Huachuca, Marine Corps Air StationYuma, Barry Goldwater Gunnery Range and Yuma Proving Grounds and; + make recommendations to the Legislature. Requirements: Report to the Legislature by December 15 annually. Termination: July 1,2005 Other: Political subdivisions are required to notify the Committee of an proposed residential development on properties in the vicinity of a military airport and experiencing a day-night average sound level of at least sixty-five decibels. The Arizona Attorney General is required to report to the Committee indicating those political subdivisions that are in compliance with the planning and zoning regulation requirements and sound attenuation standards for building codes for territory in the vicinity of a military airport and the action taken by the Attorney General to bring them into compliance. PROCEEDINGS The Committee held one public meeting as follows: December 1, 2003 - Attachment A Thomas Browning, Brigadier General, presented the Governor's Military Facilities Task Force recommendations to the Committee (Presentation - Attachment B). He emphasized that the mission is preservation of the facilities, not alternative uses. He detailed the location and mission of each of Arizona's military installations and associated airspace and the economic impact of the state's military operations. ATTACHMENT A ARIZONA STATE LEGISLATORE Forty-sixth Legislature - First Regular Session ARIZONA MILITARY AIRPORT PRESERVATION COMMITTEE Minutes of Interim Meeting Monday, December 1,2003 House Hearing Room 1 -- 2:00 p.m. (~ochairman Blendu called the meeting to order at 2: 10 p.m. and the secretary noted attendance. Members Present Mayor Larry Nelson John Ogden Mark Spencer Supervisor Max Wilson Representative Phil Hanson, Cochairman Senator Harry E. Mitchell Brigadier General Thomas Browning Bill Kelley Jim Mazzocco Sarah More Senator Robert Blendu, Cochairman Members Absent Tom Manfredi Supervisor Casey Prochaska Representative John Loredo Mark Winkleman Bruce Wright Speakers Present Rusty Mitchell, representing Luke Air Force Base Opening Remarks Cochairman Blendu welcomed Members and Brigadier General R. Thomas Browning, USAF (Retired) to report on recommendations of the Governor's Military Facilities Task Force. Presentation of the Governor's Military Facilities Task Force Recommendations R. Thomas Browning, Brigadier General, USAF (Retired), a Committee Member, said he is Military Advisor to the Governor and Cochair of the Governor's Military Facilities Task Force. The recommendations of the Task Force will be presented to the Governor this week. He introduced Dion Roland Flynn, Policy Advisor on Military Affairs to the Governor. He reviewed a PowerPoint presentation on the report and recommendations of the Task Force, whose mission is to develop strategies for ensuring the long-term retention of all military facilities in Arizona (see copy presentation, Attachment 1). He emphasized that the mission is preservation of the facilities, not alternative uses, and said the Task Force was charged with ARIZONA MILITARY AIRPORT PRESERV A TION COMMITTEE December 1, 2003 understanding the mission of each military installation, the obstacles to carrying out that mission, and the tools available to deal with those obstacles. He detailed the location and mission of each of Arizona's military installations and associated airspace, and the economic impact of the state's military operations. The following economic impact summary is based on 2000 figures : Employment Output ($OOOs) Direct Impact Indirect Impacts Induced Impacts 41,647 18,191 23,668 $2,411,475 $1,326,190 $1,926,193 Total 83,506 $5,663,858 General Browning advised that state income taxes paid exceed $70 million. Moreover, many specialties in the health care field are now contracted out in the local community. A comparison of Arizona' s military facilities with major state employers makes it clear that the military facilities provide a substantial and stable economic base in the state. He reviewed the revised recommendations as of November 18, 2003 : • Preserve and grow Arizona's network of military installations to satisfy long term needs of the Department of Defense (DoD) and maximize the benefit to Arizona's economy • Maximize actions at the local level • Establish and sustain solid state and federal support • Recognize and leverage existing statutes, initiatives and effective efforts General Browning examined revised recommendations for actions requiring Executive Direction (Attachment 1, pages 5 through 9), and discussed the following in detail: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Recognize that Arizona's military installations and activities form a separate economic cluster valued at $6 billion Develop a revenue source for a Military Installation Fund and raise a minimum of $70 million over 20 years through a 5% military personnel tax diversion Establish a Military Affairs Commission in Arizona Establish a full-time presence in Washington D.C. Authorize State Land exchanges Recognize the current Attorney General's position on ARS 28-8481(k) and that no further action is needed at this time Encourage innovative approaches to deal with land use issues Update Department of Real Estate disclosures Encourage local partnerships Direct Arizona natural resource agencies to submit annual reports Recommend reestablishment of the Governor's Advisory Council on Aviation 2 ARIZONA MILITARY AIRPORT PRESERVATION COMMITTEE December 1, 2003 He reviewed revised recommendations for actions requiring Legislative Change (Attachment 1, pages 9 through 14), and two recommendations requiring Congressional Support (pages 14 and 15). Recommended strategies are described in greater detail in Attachment 2. An additional recommendation for consideration provides for legislation authorizing counties and/or cities the option to establish Military Facilities Districts. The report summary makes the following statement: • Arizona is uniquely positioned to satisfy most of the long-term needs of the DoD for many years to come • Arizona's military installations provide substantial and stable contributions to the Arizona economy • Definitive action during this legislative session is mandatory to sustain Arizona's bases for the long term. Responding to questions of Mr. Ogden, General Browning confirmed that recommendations of the Arizona Military Regional Compatibility Study were considered, in particular those in regard to establishment of noise contours and definition of lands around the installations. Mr. Ogden called attention to a recommendation to encourage local jurisdictions to look at their zoning and planning in reference to the Air Installation Compatible Use Zone (AICUZ). General Browning said the Task Force considered the definition of the existing statute to be adequate, given the need for certainty in the process. Mr. Ogden asked how much additional land might be impacted under the recommendation to revise the "military airport" definition to include auxiliaries. General Browning said this issue is currently being studied around Davis-Monthan Air Force Base (AFB), and must be a mutually agreed upon definition with the local community. He confirmed that it would bring additional land into the impacted areas. Mr. Ogden asked if there are timelines to approve plans. General Browning said the recommendation is 30 days. Mr. Ogden observed that, under the recommendations, approximately $100 million will be available for acquisitions. From past discussions, the amount required for Luke AFB is anticipated to be $500 million to $700 million. General Browning concurred that the amount needed is far in excess of $100 million. He pointed out that, if the recommendations are accepted, there would be at least five different tools, including the fund, to deal with private property in the noise affected areas around the bases. He said he believes this issue should be revisited and refined in another year or two. With regard to federal funds, General Browning pointed out that more than 100 installations worldwide will be closed under the Base Realignment and Closing Commission (BRAC). It is his belief that, if Arizona is able to preserve its network of installations, there is a compelling case for the state's delegation to argue that it is in the best interests of the country to preserve what is now in Arizona. And if the state is successful in preserving the installations, it could make a compelling case to raise the money. However, at the present time it is necessary to be realistic and recognize the state's fiscal problems. 3 ARIZONA MILITARY AIRPORT PRESERVATION COMMITTEE December 1, 2003 Cochairman Hanson commented that when he and General Browning met with the Speaker of the House the week prior, they were asked why more was not done twenty years ago. He observed that there have been numerous attempts to do so, but nothing seems to work out. Now, with BRAC coming up in 2005, if something is not done to relieve the pressure on the bases, particularly on Luke AFB, the question must be asked if the state is willing to lose Luke AFB to the economy and the security of the nation. At this time, nothing can be done until it is known what the Governor will accept. Because this Committee is required to submit a report by the end of the year, it will be necessary to meet again to decide if the recommendations as approved by the Governor can be accepted. Given the current deficit, there is no money available. Ms. More requested further information on the Attorney General ' s OpInIOn on zoning in Surprise. General Browning recalled that the mayor had requested an opinion, and the Attorney General stated that the city was able to zone compatible with appropriate land use, and that it is within its right to choose not to develop. He advised that a formal opinion will be sent to the Task Force. Mr. Spencer asked what innovative approaches are being considered. General Browning said these are approaches that have been considered elsewhere, including allowing for growth, a graduated development concept (which has been adopted around many bases in the country), purchase of development rights, lease purchase agreements, partnerships with non-governmental organizations, etc. All proposals will be listed in the formal report recommendations to be made available within the next two weeks. Supervisor Wilson said it should be kept in mind that Arizona needs the military bases to protect the people of Arizona. General Browning added that there are currently substantial operations on the southern border under the Department of Homeland Security. Mr. Kelley requested more information on recommendation No.5 in regard to directing the State Land Commissioner to consider land use compatibility with the military installations. General Browning said he understands they have very limited capability under existing rules. The Task Force is asking that the state trust land reform group that has been meeting for the last three years consider the application of the use of state trust lands around military installations. He said while he is not an expert on the issue, it is his understanding that there would be more flexibility in the use of state trust lands. Mr. Kelley asked if this Committee can do more than make a recommendation. Cochairman Hanson responded that the Committee can only make recommendations to the Legislature. In order to make the recommended changes, the Committee's recommendations need to be finalized by the end of the year and legislation needs to be submitted early for the upcoming legislative session. However, it is necessary to await the Governor' s position on the Task Force recommendations. Mr. Mazzocco asked if the natural resource agencies referred to in recommendation No. 10 are state agencies. General Browning confirmed that they are . He added that, after looking at what other states are doing, the only level of success has been with direct reporting to the governor. 4 ARIZONA MILITARY AIRPORT PRESERVATION COMMITTEE December 1, 2003 Cochairman Hanson thanked General Browning for his presentation and asked Members to report concerns or specific suggestions to him and to Senator Blendu. Public Testimony No one requested to speak. Without objection, the meeting adjourned at 3:27 p.m. ..') '-((' . J:/~ Carol~rice, Committee Secretary December 3, 2003 (Original minutes, attachments and tape are on file in the Senate.) 5 ARIZONA MILITARY AIRPORT PRESERV ATION COMMITTEE December 1, 2003 ATTACHMENT B 1 2 3 4 5 6 7 REVISED Recommendations . . . 8) Request the Arizona Department of Real Estate modify their public report application to include disclosures about "military facilities and operating areas"as defined inA.R.S. \ ,t.'. ~:~8:::a~;~~:~i;;':~;;':~~~:~,.1~~~j s.tat~melJf~.:~I}:;!!J7J~,!!?!/~j f~p,.o,~t:t~r.~" f;,· r.e£I"'!ct:; thlsJt:haf1ge~ .it"·· r'.,;.,~~:::.:,,<~. OV' ,.:. \.'1 ~::;~';.iZ?J{.t..;.;,~ ~ --'}~'I ' ;. ." . "~ REVISED Recommendations . .. 9) Recommend State support and encourage the activities of local partnerships within local jurisdictions, impacted communities; state .agencies, . 1 1j;>.r~: m!lita!-YilJstal!a. t!!,~s< andv:a,r.i~t!~.:~~}1 ~:·~~;Pt~.*!.f:?ta~f1/J9.~9~r~: !fJ:;·f!;df!'i~~t?,.~ .. :~tr;J~ f;i';~~1J1!~~i!fr.lP.r.t;~~.!i!!:~~/OlJ.{~r{'1'!:":i!! ~~;J .t:. ;~.~the . loea . llever ,. . '5I'{..;,;.;}.lH~".r!;Vr-v -~---.~~ 8 9 REVISED Recommendations . .. 13) Revise the "military airport" definition listed in A.R.S. 28-8461 to recognize Gila Bend Air Force Auxiliary Airfield, Luke Air Force Base Aux-1 and the two heJipads (Picacho Stage Field and Rittenhouse , Stage Field) at Silverbel/ airfield as criticali operating components of Arizona's the ,~ t. military airport operations and provide '; J K,'.5itnilarprotections ,to these,criticaJ ' .; ':l,Z~;l 6t°p.~ra(lng. c(),!,p~lJt;l!.~S.J': b'!t.,e.~cI,~tfe;, ,!ulJ1,!,y' ~'Auv_" ~"-'-'c. ~.' ,,,:'.' " ~ .. :~+:,:;~t~~\f~~~~<:~.~·:;~~~~ _ ~~""~!tl '·"'~.·,d;1'list.'"if''' 10 11 12 13 REVISED Recommendations . .. 26) Recommend to the AZ Congressional Delegation that enabling and funding legislation be drafted and enacted within the lOSth Congress that would direct the Bureau of Land Management (SLM) move " forward in a timeJy ,and expeditious '" ;,' mJIn,n er. witl1 tiJe acquisition ', of nonfedera( ; " lands>throU9h 'an exchange process ,on a ;,~', 1 .. ;illi;;g!~ijl!~l:1fJs;s~1 1iith.iChJ9'j)Y: DeiK;fft;~· Jt!.!f;!l.!/l!~i!.£~eJ!!.e,Fe~s.a,~ ,' ! ~'?,',',p'r,!'t~ct tl!.~ tf!!J!~u lJ1!~~ .in alic "!I"l fJ"b'l!:!Yi:at,mJlltWl ~?A'!!~,.~~~~~; .. ~ ~""'" I' ~-- 14 15 16