Sustainable Ranges Initiative

Legislative

Alabama

Alabama Base Realignment and Base Closure Commission
SJR 5, 2003 established the Alabama Base Realignment and Base Closure Commission which terminates when BRAC 2005 is completed or December 31, 2005, whichever is earlier. The Commission goals and objectives include:

• Coordinating with Alabama’s Congressional delegation, state and local leaders.
• Providing information and financial assistance to local community efforts for the BRAC process.
• Establishing a “Military Leadership Advisory Council” to provide BRAC assistance from retired military personnel and others who have knowledge of the process.
• Creating coordinated communications link with local leaders.
• Creating a network of “allied state and national organizations” which support Alabama’s military installations and reserve units.

Alaska

Joint Committee on Military Bases

HB356, 1998 established a Joint Committee on Military Bases which terminated (along with the act) when the Twenty-Second Alaska Legislature convened.

House Special Committee on Military and Veterans’ Affairs

HR 4, 2003 established a House Special Committee on Military and Veterans’ Affairs which “may meet during and between sessions of the Twenty-Third Alaska State Legislature and is terminated on the convening of the First Session of the Twenty-Fourth Alaska State Legislature.”

Joint Armed Services Committee

Alaska Stat. Section 24.20.650et seq. (HB 77, 1999), created the Joint Armed Services Committee. Legislative Council shall provide administrative support to the Committee. Duties of the Commission include:

• Monitoring and addressing Base Realignment and Closure process issues.
• Submitting a report on the Committee’s activities to the Legislature on the first day of each regular session.

Arizona

Arizona Military Affairs Commission
ARS 41-1512 establishes the fifteen member military affairs commission. The first commission’s membership runs until December 31, 2005 and is replaced by a new commission. The commission is to meet, make recommendations and report to the Governor, President of the Senate and the Speaker of the House. The commission is to also develop criteria, review applications and make recommendations for awards to be allocated from the military installation fund.

California

California Defense Retention and Conversion Council

California Govt. Code Section 15346 (SB 1099, 1999) established the California Defense Retention and Conversion Council which sunsets on January 1, 2007. The bill also established the Defense Retention Grant Program, which is to “grant funds to communities with military bases to assist them in developing a retention strategy.” In 2001, the University of California, Berkeley, Institute of Urban and Regional Development wrote “Forecasting and Mitigating Future Urban Encroachment Adjacent to California Military Installations: A Spatial Approach” to respond to the requirement of a report to the Governor and the Legislature.

Resources Link

Office of Military and Aerospace Support
SB 926, 2004, also known as the “Military and Aerospace Support Act” makes numerous statutory changes including:

• Consolidates the state’s actives relating to “defense retention, conversion, and military support” within the Business, Transportation and Housing Agency.
• Establishes until January 1, 2007, the “Office of Military and Aerospace Support” within the Business, Transportation and Housing Agency.
• The Director of the Office of Military and Aerospace Support (OMAS) shall be appointed by recommendation by the Secretary of Business, Transportation and Housing Agency by the Governor. The Director serves at the Secretary’s pleasure.
• The Office may establish a Military Advisory Committee to provide technical advice and assistance to the office.
• The Office is to “(s)erve as the primary state liaison with the Department of Defense and its installations” in California and shall assist in resolving any disputes or issues with state agencies.
• Requires the Office to apply for grants and authorizes it to seek contributions from private industry to fund its operations. Any private funds received shall be deposited into the Military and Aerospace Support Account.
• Repeals California Defense Retention and Conversion Council.
• The Office shall maintain a list of each active military’s installation’s local retention authority. If a military installation has multiple “affected local governments,” affected cities and counties may designate or establish a joint powers authority.
• Provides that local governments may seek a loan from the California Infrastructure and Economic Development Bank for certain military infrastructure that is endorsed by the Office of Military and Aerospace Support.
• Revised the definition of “open-space” for the purposes of general plans to include “areas adjacent to military installations, military training routes, and underlying restricted airspace that can provide additional buffer zones to military activities and complement the resource values of the military lands.”

AB 2565, 2004

California Govt. Code section 13998.5a ( AB 2565, 2004) requires the Office of Military and Aerospace Support to update and submit a strategic plan by November 30, 2004 to prepare for BRAC 2005. This plan shall identify other state’s military installations or missions that may be transferred to California. This bill contained an emergency clause.

Florida

Florida Defense Alliance

In 1998, Florida Defense Alliance (FDA) was an initiative of Enterprise Florida. Florida’s Fla. Stat. Section 288.980 (SB 1566, 1999) establishes that this organization shall serve as overall advisory body defense-related activities of Enterprise Florida. Representatives that make up this organization include the military, state agency military liaison, congressional, business organizations and the private sector. The Florida Defense Alliance developed a draft strategic plan (revised April 2004) to set forth an action plan to support the military mission. The 2003 “Florida Defense Industry Economic Analysis” report commissioned found that “(f)iscal year 2002 defense-related spending is directly or indirectly responsible for $44 billion, or 9.8 percent, of Florida’s gross state product” FDA is the entity that solicits proposals for the Florida Defense Infrastructure Grant Program and the Florida Community Defense Grant Program.

Indiana

Commission on Military and Veterans Affairs

Ind. Code Section 2-5-20 establishes the Commission on Military and Veterans Affairs. Commission duties include:

• Studying issues relating to veterans, active and reserved members of the armed forces and other topics as assigned.
• Annually submitting commission’s activities and results by November 1.

Legislative staff is to assist the commission in their duties.

Commission on Military and Veterans Affairs 2003

Commission on Military and Veterans Affairs 2002

Commission on Military and Veterans Affairs 2001

Commission on Military and Veterans Affairs 2000

Commission on Military and Veterans Affairs 1999

Commission on Military and Veterans Affairs 1998

Maryland

Maryland Military Installation Strategic Planning Council

Md. Acts 2003, Ch. 335 (SB 888, 2003) established the 19 voting member Maryland Military Installation Strategic Planning Council. The Council is tasked to “identify the existing and potential impacts of encroachment on military installations” along with potential State and community actions that can minimize such impacts. In December 2003, the Council submitted an interim report of their findings and recommendations to the Governor and the General Assembly. This act remains in effect until December 31, 2005.

New Mexico

Office of Military Base Planning and Support
N.M. Stat. Ann. Section 9-15-48 through 9-15-51(SB 333, 2004; SB 287 and HB 323, 2003) creates the “office of military base planning and support” and the 15 member “military base planning commission.” The act repeals July 1, 2006.

• The director of this office shall be appointed by the Governor’s Homeland Security Adviser and has the following duties:
  • support the military base planning commission including identifying issues, preparation of information and providing for presentations
  • “inform the Governor and the Governor’s Homeland Security Advisor about issues impacting the military bases in the state, including infrastructure requirements, environmental needs, military force structure possibilities, tax implications, property considerations and issues requiring coordination and support from other state agencies”
  • liaison with community organizations
  • Communicate with New Mexico’s congressional staff
• The duties of the military base planning commission are:
  • Evaluating information relating to base realignment and closure and the impacts on the state and local economy.
  • Collaborating with community organizations and New Mexico’s congressional delegation and efforts to support New Mexico’s military bases.
  • Advising the Governor on best methods to ensure the longevity of New Mexico’s military bases.

North Carolina

Study Commission on Encroachment

SB 1152 establishes a Study Commission on residential and urban development Encroachment and Training Areas. Commission duties include:

• Studying residential and urban development encroachment on military bases and training areas along with:
  • Zoning restrictions.
  • Deed restrictions affect on encroachment.
  • Purchase of development rights and buffers using all available funding including State Trust funds.
• Submitting a report of its findings and recommendations to the 2005 General Assembly when it convenes at which point the Commission sunsets.

Legislative staff shall assist the Commission in its duties.

Advisory Commission on Military Affairs

N.C. Gen. Stat. Section 127C -1 – Section 127C-4 (SB 1005, 2001 and SB 1159, 2004) establishes the Advisory Commission on Military Affairs to be located in the Office of the Governor to “advise the Governor and the Secretary of Commerce on protecting the existing military infrastructure in this State and to promote new military missions and economic opportunities for the State and its citizens.” The Commission shall also develop a strategic plan to support long-term military mission viability.

Ohio

Ohio Aerospace and Defense Advisory Council
Ohio Rev. Code Ann. Section 122.98 (HB 230, 2001) creates the 11 voting member Ohio Aerospace and Defense Advisory Council that expires on December 31, 2004. Duties include:

• Review and provide advice on United States and Ohio’s existing and proposed laws, rules and policies that “affect or may affect the growth and viability of the aerospace and defense industries” and status of associated federal installations.
• Submit an annual report of the Council’s recommendations and activities by the first of October each year to the legislature and make it available to the public on request.

Oklahoma

Oklahoma Military Base Closure Prevention Task Force

Okla. Rev. Stat Section 74-5301-5302 (HB 1200, 2001) creates the Oklahoma Base Closure Prevention Task Force. The Task Force shall review state policies that affect Oklahoma’s military facilities and make recommendations for changes that would:

• Prevent military facilities from closure or downsizing.
• Maximize the state’s input into the federal base closure and realignment process and protect the interests of the residents and communities of military facilities.
• Mitigate the effect of a reduced military presence.
• Encourage and facilitate additional military missions to Oklahoma military facilities.
• Task Force submitted its statutorily required report on December 31, 2002, titled “Oklahoma Military Base Closure Prevention Task Force Report.”
• Assistance will be provided to the Task Force to assist in their duties by staff of the Oklahoma’s House of Representatives, Senate, Department of Commerce, Tax Commission, Employment Security Commission and other state agencies.

OK – Task Force Recommendations Codified in State Statute
The Task Force 2002 report made many recommendations for state and federal actions.

• The seven recommended items to be conducted at the Federal Level were passed in 2003 by the legislature in HCR 1024.
• There were nine recommended action items to be conducted at the state. In 2003, the Legislature passed the following bills to respond to the task force recommendations:
  • HCR 1005 directs the Oklahoma Department of Transportation to review all transportation projects affecting military installations and if possible accelerate funding for the project.
  • HCR 1004 encourages the Oklahoma State Regents for Higher Education to review its financial policies related to tuition, scholarship and aid to assist military dependents.
  • HB 1397 (Okla. Rev. Statß 74-5403) creates the “Oklahoma Strategic Military Planning Commission Incentive Fund” which shall be distributed to a local government that:
    • Demonstrated it would be affected by base closure or realignment
    • Developed a plan to conduct public projects that protect the entity and its residents from base closure or realignment. The plan must include matching funds or “provide equivalent value in order to obtain available funds or funds for planning expenditures.” This plan must be approved by a 2/3 vote of the entities governing body and “memorialized in a document, executed under oath.”
    • Received plan approval by the Oklahoma Strategic Military Planning Commission.
    • Does not use the fund for administrative expenses.
    • Does not misuse funds. If this occurs, then the entity shall be disqualified from filing for one year and may be liable to the State.
  • SB138 Appropriates $1.5 million to the Oklahoma Military Strategic Planning Commission Incentive Fund “to perform the duties imposed upon the Oklahoma Military Strategic Planning Commission by law.”
  • HB 1396 (Okla. Rev. Statß 74-501 and 74-5402) creates the seven member Oklahoma Strategic Military Planning Commission which sunsets December 31, 2010. The duties of the Commission include:
  • Reviewing state policies that affect Oklahoma’s military facilities.
  • Make recommendations to the legislature on state policies that would:
    • Prevent military facilities from closure or downsizing.
    • Maximize the state’s input into the federal base closure and realignment process and protect the interests of the residents and communities of military facilities.
    • Mitigate the effect of a reduced military presence.
    • Encourage and facilitate additional military missions to Oklahoma military facilities.
  • Submit an annual port of activity and findings to the Governor, Speaker of the House and President of the Senate no later than December 31.

Rhode Island

House Defense Economy Planning Commission
H 6270, 2003 established the House Defense Economy Planning Commission which is to discuss “issues pertaining to the state’s defense economy and propose initiatives to sustain and enhance the defense economy in Rhode Island.” Commission’s findings and recommendations were due to the House of Representatives December 31, 2003. Commission expires on May 19, 2006.

Texas

TX – Military Preparedness Act SB 652, 2003 established the Texas Military Preparedness Commission (previously called the Strategic Military Planning Commission) and sunsets on September 1, 2007. This office is within the Governor’s Office and reports to the Governor or his designee.

Commission duties include:

• Advising the Governor and Legislature on military issues and their related economic and industrial development.
• Making recommendations regarding policies and plans to support the long-term military mission viability including best methods for communities to enhance their relationship with their military installation.
• Preparing a biennial strategic plan to assist the longevity and expand the mission of Texas military installations.
• Preparing an annual report to the Governor and the Legislature by July 1 regarding the military installations and their communities and the associated defense related business within the state. State agencies are to assist with this report.
• Coordinating annual meetings to discuss the report with state agencies and legislators whose district includes an active or former military installation.
• The Commission may solicit and accept gifts and grants.
• Military Installation Commanders may request commission assistance to coordinate with other state agencies to prepare base evaluation criteria.
• Authorizes the Commission to provide a loan of financial assistance to defense community projects that meet set criteria including enhancing “military value of a military facility located in, near, or adjacent” to the community.
• Loans must be paid within five years and may not exceed the total cost of the project.
• Creates the Texas Military Value Revolving Loan Account.
  • A community that applies for financial assistance shall prepare “in consultation with the authorities from each defense base associated with the community a defense base military value enhancement statement.”
  • A community may request financial assistance to prepare a “comprehensive defense installation and community strategic impact plan that states the defense community’s long-range goals and development proposals” includes the following elements as they relate to the military base:
    • Land use, transportation, population growth, water resources, conservation, open-space, restricted airspace and military training route element.
      • The plan should minimize encroachment and control negative effects of future growth on the military mission
      • The land use element should identify “existing and proposed regulations of land uses” and their distribution and locating that may impact the military base.
      • The open space element should identify existing areas along with an analysis of the military’s need for “open-space areas to conduct its military training activities.”
      • The restricted airspace element should create needed buffer zones between the base and the community.
      • The military training route element should identify existing routes and if needed, proposes a plan for additional routes.
• Communities that developed a comprehensive defense installation and community strategic impact plan are encouraged to develop with their military base a “planning manual based upon the proposals contained in the plan.” If changes are needed in the plan, then the community should consult with the military.
• Defense communities that determine a proposed ordinance, rule or plan may impact the military mission shall “seek comments and analysis” from the military concerning the compatibility. The community “shall consider and analyze the comments and analysis before making a final determination relating to the proposed ordinance, rule or plan.”
• An agency’s strategic plans are to also include an “analysis of the agency’s expected expenditures” related military installations or communities with military installations.
• State agencies are to consider when establishing goals the enhancement of military value to a military installation or facility. If the agency “determines that an expenditure will enhance the military value” of an installation or facility (based on the base realignment and closure criteria) the agency shall make the expenditure a priority.
• The state may sell, lease or grant easements on unused or underused state property to the United States armed forces if “after consultation with appropriate military authorities” it is determined that this property would materially assist the military in mission accomplishment.
  • The state is required to “retain all minerals it owns with respect to the land, but it may relinquish the right to use the surface to extract them.”
• The state is prohibited from the selling and leasing “of upland within 2,500 feet of a military base” unless after “consultation with appropriate military authorities” it is determined that the sale or lease would not have an adverse affect on the military.
• Prohibits prospecting in a “location within 2,500 feet of a military base, but prospectors may, from a location more than 2,500 feet from a base, look for minerals within the 2,500-foot strip.”
• “Any lease covering land adjacent to a military base shall require the lessee to forego the right to use the surface within 2,500 feet of the military base while exploiting the minerals.”

Washington

Joint Committee on Veterans’ and Military Affairs
Wash. Rev. Code ß 73.04.150 (SHB 1325, 2001) creates the Joint Committee on Veterans’ and Military Affairs which expires on December 31, 2005. The Committee’s duties include studying “veteran’s issues, active military forces issues, and national guard and reserve component issues and make recommendations to the Legislature.”

Administrative

Arizona

Governor’s Military Facilities Task Force
Governor established the Military Facilities Task Force in May 2003 via Executive Order to “develop strategies for ensuring long term retention of all premier military facilities in Arizona so that they may continue to perform their vital national defense missions.” The Task Force Report Recommendations were completed in December 2003.

Governor’s Military Affairs Commission
In March 2004 the Governor established through an executive order a permanent Military Affairs Commission “charged with monitoring developments regarding Arizona’s military installations and to make recommendations on executive, legislative and federal actions necessary to sustain and grow those installations.” This Commission has five subcommittees: legislative; public outreach; airspace and military training routes; Arizona National Guard and Reserves Issues and the Rules procedures committee (which it to work with Department of Commerce to develop rules and procedures to evaluate how the military installation fund shall be spent).

Florida

Governor’s Advisory Council on BRAC
In 2003, Governor Bush created an Advisory Council on BRAC. Their role is to develop and lead a strategic plan to best ensure that Florida’s bases are not closed or downsized. Committee is comprised of 8 members and is divided into four committees: Intra State Activities, Federal Activities, Public Communications, and Competitive Advantages. State has spent approximately a half a million dollars for professional contract support for this Council. To assist the Council, a Report titled, Ensuring and Enhancing Florida’s Role in the Defense of the United States of America” dated January 2004 was developed.

Georgia

Georgia Military Affairs Coordinating Committee
In 1994, the Georgia Military Affairs Coordinating Committee was established to help bases in Georgia deal with Base Realignment and Closure. One of the services they provide is “working to reduce encroachment.” Community Action Groups were formed to interface between the Committee and the 13 military bases/installations. According to Georgia’s Military Affairs Coordinating Committee, military operations have a $25 billion economic impact on the Georgia economy.

Hawaii

The Hawaii Chamber of Commerce Military Affairs Department
The Hawaii Chamber of Commerce Military Affairs Department establishes and maintains “strong bonds between Hawaii’s military, business, and civilian communities.”

Indiana

Indiana Military Base Task Force
The Governor established the Indiana Military Base Task Force by Executive Order 04-4. This committee is under the leadership of the Lieutenant Governor. Task Force duties include:

• Coordinating efforts by state government agencies and local governments to ensure the longevity of Indiana’s military bases.
• Addressing issues such as “infrastructure improvements, workforce development, coordination of research with relevant universities and private sector companies, development of dedicated special funding and services and any other efforts that can ensure that Indiana’s military bases remain busy and efficient.”
• Working with the Southern Indiana Business Alliance, local officials, community leaders and the General Assembly.

Kansas

Governor’s Military Affairs Coordinating Council
Governor Sebelius through Executive Order 03-06 continued the existence of the Governor’s Military Affairs Coordinating Council until May 1, 2005. This Council is to coordinate the state’s efforts relating to Base Realignment and Closure. An appropriation of $250,000 has been allocated in FY 2005 along with existing $250,000 from the Kansas Department of Commerce to be used for “consulting services and lobbying efforts.”

Kentucky

KY – Kentucky Commission on Military Affairs
Kentucky’s Ky. Rev.Stat. ß 154.12-203 establishes the Kentucky Commission on Military Affairs. The last statutory change was in 2000 (HB 317). The committee is to address matters of military significance including maintaining “a cooperative and constructive relationship between state agencies and the military entities.” This Committee has adopted a strategic plan and performed an economic analysis of the military in Kentucky.

Louisiana

Governor’s Military Advisory Board 
Since 1996, Governor Foster has issued three Executive Orders (96-12, 00-30 and 00-40) related to a military advisory committee. The most recent established the “Governor’s Military Advisory Board” and is established within the Governor’s Office. Board duties include:

• Working to ensure the longevity of Louisiana’s military facilities
• Proposing or sponsoring “activities, legislation, initiatives, programs, and/or projects which increase, support, and/or enhance the military’s presence in the state.”
• Submitting semi-annual reports on the Board’s activities to the Governor on January 1 and July 1.

The Louisiana Department of the Military provides support staff for the Board.

EXECUTIVE ORDER MJF 00-40

EXECUTIVE ORDER MJF 00-30

EXECUTIVE ORDER MJF 96-12

Massachusetts

Massachusetts Defense Technology Initiative
The Massachusetts Defense Technology Initiative (Mass DTI) “represents a coordinated public-private partnership to influence the Base Realignment and Closure (BRAC) 2005 process. To date they have received over $300,000 in financial support in addition to the state matching grant money (see above).

Michigan

Governor’s Task Force to Protect Michigan’s Military Facilities

On April 29, 2004, Governor Granholm announced the establishment of the “Governor’s Task Force to Protect Michigan’s Military Facilities.” The Task Force is to work with local communities and “marshalling efforts to keep all of the military facilities in Michigan open.” The Task Force will be assisted by the Michigan Economic Development Corporation, Department of Labor and Economic Growth and the Governor’s Office.

Mississippi

Mississippi Military Communities Council
In January 2004, the Governor re-established the Mississippi Military Communities Council to advise state leaders on BRAC activities and “regarding opportunities to enhance, expand, add or otherwise improve missions, programs, facilities, operations on or affecting the military installations in the State.” The state’s federal/DoD/Congressional Liaison provides management oversight and consulting services to the Council.

New Jersey

NJ – Governor’s Commission to Support and Enhance New Jersey’s Military and Coast Guard Installations
In 2004, the Governor’s Commission to Support and Enhance New Jersey’s Military and Coast Guard Installations was created through Executive Order No. 106. Commission duties to support New Jersey’s Military and Coast Guard installations include:

• Communicating with New Jersey’s Congressional Delegation
• Acting as a liaison between communities and business
• Advising the Governor
• Reporting quarterly to the Governor.

Commission expires on December 31, 2005.

New Mexico

Military Base Planning Commission

The Commissioners have agreed to establish advisory subcommittees and create a legislative package to support New Mexico military bases. Additionally, one of the subcommittees is reviewing the “New Mexico Training Range Initiative” which would involve “expanding the boundaries of several Military Operating Areas in southeastern New Mexico, to allow more supersonic flights at medium altitudes.” This Initiative is a collaboration between the Office for Military Base Planning, the Federal Aviation Administration, Holloman AFB, Kirtland AFB, the New Mexico National Guard 150th Fighter Wing and White Sands Missile Range.

North Carolina

NC – North Carolina General Assembly Joint Select Committee on Military Affairs
In 2003, the Senate President and Speakers of the House administratively established the Joint Select Committee on Military Affairs. Committee duties include:

• Creating and maintaining a conducive environment for military personnel and installations.
• Studying ways to control residential and urban development encroachment on military bases and training areas including:
  • Zoning restrictions.
  • Deed restrictions affect on encroachment.
  • Purchase of development rights and buffers using all available funding including State Trust funds.
• Submitting a report of its findings and recommendations to the 2004 and the 2005 General Assembly when it convenes. The Committee sunsets upon filing its first report or upon the convening of the 2005 General Assembly, whichever comes first.

Local Government Military Base Advisory Committee
The North Carolina Association of County Commissioners and the North Carolina League of Municipalities formed the Local Government Military Base Advisory Committee to assist the North Carolina Advisory Commission on Military Affairs. A report was submitted in 2003 to provide the Commission local government input.

Ohio

All-Ohio Task Force

Governor formed the “All-Ohio Task Force to Save Defense Jobs” which is to provide state assistance to keep Ohio’s military bases. To date $2.5 million has been appropriated to local communities to assist their efforts.

Oklahoma

Oklahoma State Chamber Military Affairs Task Force

The Oklahoma State Chamber formed a Military Affairs Task Force with the objective to “(p)rotect and secure the future of Oklahoma’s military facilities and installations.”

Rhode Island

RI – Base Realignment and Closure Commission
The Governor through Executive Order 03-11, established the Base Realignment and Closure Commission. The Governor states that this Commission is directed is to “conduct a vulnerability assessment of military assets in Rhode Island, examine the BRAC criteria process” and provide the Governor with recommendations for “implementing a plan to protect our military assets and defense capacity going forward.”

South Carolina

South Carolina Military Base Task Force/Governor’s Military Base Advisory Committee
In March 2003, Governor Sanford created by Executive order the South Carolina Military Base Task Force and the Governor’s Military Base Advisory Committee. The Task Force “shall coordinate efforts among the public and private sectors” to support the South Carolina military mission. The Advisory Committee shall advise the Governor on base close issues.

Virginia

Virginia’s Commission on Military Bases

In June 2003, the Governor established “Virginia’s Commission on Military Affairs” by executive order 49. In May 2004, the Governor through executive order 72 reauthorized this Commission to be extended until May 24, 2005. The Commission is to protect Virginia’s military installations from the base realignment and closure process. Staffing shall be provided through state agencies along with necessary funding estimated at $100,000.