2014 Kentucky Revised Statutes
CHAPTER 147 - STATE AND AREA PLANNING -- REGIONAL DEVELOPMENT
147.580 Southern Growth Policies Agreement.
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<![CDATA[147.580 Southern Growth Policies Agreement.
The Southern Growth Policies Agreement is hereby enacted into law and entered
into by this state, in the form substantially as follows:
Article I. Findings and Purposes.
(1)
The party states find that the South has a sense of community based on
common social, cultural and economic needs and fostered by a regional tradition.
There are vast potentialities for mutual improvement of each state in the region by
cooperative planning for the development, conservation and efficient utilization of
human and natural resources in a geographic area large enough to afford a high
degree of flexibility in identifying and taking maximum advantage of opportunities for
healthy and beneficial growth. The independence of each state and the special
needs of subregions are recognized and are to be safeguarded. Accordingly, the
cooperation resulting from this Agreement is intended to assist the states in meeting
their own problems by enhancing their abilities to recognize and analyze regional
opportunities and take account of regional influences in planning and implementing
their public policies.
(2)
The purposes of this Agreement are to provide:
(a)
Improved facilities and procedures for study, analysis and planning of
governmental policies, programs and activities of regional significance.
(b)
Assistance in the prevention of interstate conflicts and the promotion of
regional cooperation.
(c)
Mechanisms for the coordination of state and local interests on a regional
basis.
(d)
An agency to assist the states in accomplishing the foregoing.
Article II. The Board.
(1)
There is hereby created the Southern Growth Policies Board, hereinafter
called "the Board."
(2)
The Board shall consist of five (5) members from each party state, as follows:
(a)
The Governor.
(b)
Two (2) members of the State Legislature, one (1) appointed by the presiding
officer of each house of the Legislature or in such other manner as the Legislature
may provide.
(c)
Two (2) residents of the state who shall be appointed by the Governor to
serve at his pleasure.
(3)
In making appointments pursuant to paragraph (2)(c), a Governor shall, to the
greatest extent practicable, select persons who, along with the other members
serving pursuant to paragraph (2), will make the state's representation on the Board
broadly representative of the several socio-economic elements within his state.
(4)
A Governor may be represented by an alternate with power to act in his place
and stead, if notice of the designation of such alternate is given to the Board in such
manner as its Bylaws may provide.
(5)
A legislative member of the Board may be represented by an alternate with
power to act in his place and stead, unless the laws of his state prohibit such
representation and if notice of the designation of such alternate is given to the Board
in such manner as its Bylaws may provide. An alternate for a legislative member of
the Board shall be selected by the member from among the members of the
legislative house in which he serves.
(6)
A member of the Board serving pursuant to paragraph (2)(c) of this Article
may be represented by another resident of his state who may participate in his place
and stead, except that he shall not vote: provided that notice of the identity and
designation of the representative selected by the member is given to the Board in
such manner as its Bylaws may provide.
Article III. Powers.
(1)
The Board shall prepare and keep current a Statement of Regional
Objectives, including recommended approaches to regional problems. The
Statement may also identify projects deemed by the Board to be of regional
significance. The Statement shall be available in its initial form two (2) years from the
effective date of this Agreement and shall be amended or revised no less frequently
than once every six (6) years. The Statement shall be in such detail as the Board
may prescribe. Amendments, revisions, supplements or evaluations may be
transmitted at any time. An annual Commentary on the Statement shall be submitted
at a regular time to be determined by the Board.
(2)
In addition to powers conferred on the Board elsewhere in this Agreement,
the Board shall have the power to make or commission studies, investigations and
recommendations with respect to:
(a)
The planning and programming of projects of interstate or regional
significance.
(b)
Planning and scheduling of governmental services and programs which would
be of assistance to the orderly growth and prosperity of the region, and to the
well-being of its population.
(c)
Effective utilization of such federal assistance as may be available on a
regional basis or as may have an interstate or regional impact.
(d)
Measures for influencing population distribution, land use, development of
new communities and redevelopment of existing ones.
(e)
Transportation patterns and systems of interstate and regional significance.
(f)
Improved utilization of human and natural resources for the advancement of
the region as a whole.
(g)
Any other matters of a planning, data collection or informational character that
the Board may determine to be of value to the party states.
Article IV. Avoidance of Duplication.
(1)
To avoid duplication of effort and in the interest of economy, the Board shall
make use of existing studies, surveys, plans and data and other materials in the
possession of the governmental agencies of the party states and their respective
subdivisions or in the possession of other interstate agencies. Each such agency,
within available appropriations and if not expressly prevented or limited by law, is
hereby authorized to make such materials available to the Board and to otherwise
assist it in the performance of its functions. At the request of the Board, each such
agency is further authorized to provide information regarding plans and programs
affecting the region, or any subarea thereof, so that the Board may have available to
it current information with respect thereto.
(2)
The Board shall use qualified public and private agencies to make
investigations and conduct research, but if it is unable to secure the undertaking of
such investigations or original research by a qualified public or private agency, it
shall have the power to make its own investigations and conduct its own research.
The Board may make contracts with any public or private agencies or private
persons or entities for the undertaking of such investigations or original research
within its purview.
(3)
In general, the policy of paragraph (2) of this Article shall apply to the
activities of the Board relating to its Statement of Regional Objectives, but nothing
herein shall be construed to require the Board to rely on the services of other
persons or agencies in developing the Statement of Regional Objectives, or any
amendment, supplement or revision thereof.
Article V. Advisory Committees.
The Board shall establish a Local Governments Advisory Committee. In addition, the
Board may establish advisory committees representative of subregions of the South,
civic and community interests, industry, agriculture, labor or other categories or any
combinations thereof. Unless the laws of a party state contain a contrary
requirement, any public official of the party state or a subdivision thereof may serve
on an advisory committee established pursuant hereto and such service may be
considered as a duty of his regular office or employment.
Article VI. Internal Management of the Board.
(1)
The members of the Board shall be entitled to one (1) vote each. No action of
the Board shall be binding unless taken at a meeting at which the majority of the
total number of votes on the Board are cast in favor thereof. Action of the Board
shall be only at a meeting at which a majority of the members or their alternates are
present. The Board shall meet at least once a year. In its Bylaws, and subject to
such directions and limitations as may be contained therein, the Board may delegate
the exercise of any of its powers relating to internal administration and management
to an Executive Committee or the Executive Director. In no event shall any such
delegation include a final approval of:
(a)
A budget or appropriation request.
(b)
The Statement of Regional Objectives or any amendment, supplement or
revision thereof.
(c)
Official comments on or recommendations with respect to projects of
interstate or regional significance.
(d)
The annual report.
(2)
To assist in the expeditious conduct of its business when the full Board is not
meeting, the Board shall elect an Executive Committee of not to exceed twenty-three
(23) members, including at least one (1) member from each party state. The
Executive Committee, subject to the provisions of this Agreement and consistent
with the policies of the Board, shall be constituted and function as provided in the
Bylaws of the Board. One-half of the membership of the Executive Committee shall
consist of Governors, and the remainder shall consist of other members of the
Board, except that at any time when there is an odd number of members on the
Executive Committee, the number of Governors shall be one less than half of the
total membership. The members of the Executive Committee shall serve for terms of
two (2) years, except that members elected to the first Executive Committee shall be
elected as follows: one less than half of the membership for two (2) years and the
remainder for one (1) year. The Chairman, Chairman-Elect, Vice Chairman and
Treasurer of the Board shall be members of the Executive Committee and anything
in this paragraph to the contrary notwithstanding shall serve during their continuance
in these offices. Vacancies in the Executive Committee shall not affect its authority
to act, but the Board at its next regularly ensuing meeting following the occurrence of
any vacancy shall fill it for the unexpired term.
(3)
The Board shall have a seal.
(4)
The Board shall elect, from among its members, a Chairman, a
Chairman-Elect, a Vice Chairman and a Treasurer. Elections shall be annual. The
Chairman-Elect shall succeed to the office of Chairman for the year following his
service as Chairman-Elect. For purposes of the election and service of officers of the
Board, the year shall be deemed to commence at the conclusion of the annual
meeting of the Board, and terminate at the conclusion of the next annual meeting
thereof. The Board shall provide for the appointment of an Executive Director. Such
Executive Director shall serve at the pleasure of the Board, and together with the
Treasurer and such other personnel as the Board may deem appropriate shall be
bonded in such amounts as the Board shall determine. The Executive Director shall
be Secretary.
(5)
The Executive Director, subject to the policy set forth in this Agreement and
any applicable directions given by the Board, may make contracts on behalf of the
Board.
(6)
Irrespective of the civil service, personnel or other merit system laws of any of
the party states, the Executive Director, subject to the approval of the Board, shall
appoint, remove or discharge such personnel as may be necessary for the
performance of the functions of the Board, and shall fix the duties and compensation
of such personnel. The Board in its Bylaws shall provide for the personnel policies
and programs of the Board.
(7)
The Board may borrow, accept or contract for the services of personnel from
any party jurisdiction, the United States, or any subdivision or agency of the
aforementioned governments, or from any agency of two (2) or more of the party
jurisdictions or their subdivisions.
(8)
The Board may accept for any of its purposes and functions under this
Agreement any and all donations, and grants of money, equipment, supplies,
materials and services, conditional or otherwise, from any state, the United States,
or any other governmental agency, or from any person, firm, association, foundation,
or corporation, and may receive, utilize and dispose of the same. Any donation or
grant accepted by the Board pursuant to this paragraph or services borrowed
pursuant to paragraph (7) of this Article shall be reported in the annual report of the
Board. Such report shall include the nature, amount and conditions, if any, of the
donation, grant, or services borrowed, and the identity of the donor or lender.
(9)
The Board may establish and maintain such facilities as may be necessary for
the transacting of its business. The Board may acquire, hold, and convey real and
personal property and any interest therein.
(10) The Board shall adopt Bylaws for the conduct of its business and shall have
the power to amend and rescind these Bylaws. The Board shall publish its Bylaws in
convenient form and shall file a copy thereof and a copy of any amendment thereto,
with the appropriate agency or officer in each of the party states.
(11) The Board annually shall make to the Governor and Legislature of each party
state a report covering the activities of the Board for the preceding year. The Board
at any time may make such additional reports and transmit such studies as it may
deem desirable.
(12) The Board may do any other or additional things appropriate to implement
powers conferred upon it by this Agreement.
Article VII. Finance.
(1)
The Board shall advise the Governor or designated officer or officers of each
party state of its budget of estimated expenditures for such period as may be
required by the laws of that party state. Each of the Board's budgets of estimated
expenditures shall contain specific recommendations of the amount or amounts to
be appropriated by each of the party states.
(2)
The total amount of appropriation requests under any budget shall be
apportioned among the party states. Such apportionment shall be in accordance
with the following formula:
(a)
One-third in equal shares,
(b)
One-third in the proportion that the population of a party state bears to the
population of all party states, and
(c)
One-third in the proportion that the per capita income in a party state bears to
the per capita income in all party states.
In implementing this formula, the Board shall employ the most recent authoritative
sources of information and shall specify the sources used.
(3)
The Board shall not pledge the credit of any party state. The Board may meet
any of its obligations in whole or in part with funds available to it pursuant to Article
VI (8) of this Agreement, provided that the Board takes specific action setting aside
such funds prior to incurring an obligation to be met in whole or in part in such
manner. Except where the Board makes use of funds available to it pursuant to
Article VI (8), or borrows pursuant to this paragraph, the Board shall not incur any
obligation prior to the allotment of funds by the party states adequate to meet the
same. The Board may borrow against anticipated revenues for terms not to exceed
two years, but in any such event the credit pledged shall be that of the Board and
not of a party state.
(4)
The Board shall keep accurate accounts of all receipts and disbursements.
The receipts and disbursements of the Board shall be subject to the audit and
accounting procedures established by its Bylaws. However, all receipts and
disbursements of funds handled by the Board shall be audited yearly by a certified or
licensed public accountant, and the report of the audit shall be included in and
become part of the annual report of the Board.
(5)
The accounts of the Board shall be open at any reasonable time for
inspection by duly constituted officers of the party states and by any persons
authorized by the Board.
(6)
Nothing contained herein shall be construed to prevent Board compliance
with laws relating to audit or inspection of accounts by or on behalf of any
government contributing to the support of the Board.
Article VIII. Cooperation With the Federal Government
and Other Governmental Entities.
Each party state is hereby authorized to participate in cooperative or joint planning
undertakings with the Federal Government, and any appropriate agency or agencies
thereof, or with any interstate agency or agencies. Such participation shall be at the
instance of the Governor or in such manner as state law may provide or authorize.
The Board may facilitate the work of state representatives in any joint interstate or
cooperative federal-state undertaking authorized by this Article, and each such state
shall keep the Board advised of its activities in respect of such undertakings, to the
extent that they have interstate or regional significance.
Article IX. Subregional Activities.
The Board may undertake studies or investigations centering on the problems of one
(1) or more selected subareas within the region; provided that in its judgment, such
studies or investigations will have value as demonstrations for similar or other areas
within the region. If a study or investigation that would be of primary benefit to a
given state, unit of local government, or intrastate or interstate area is proposed, and
if the Board finds that it is not justified in undertaking the work for its regional value
as a demonstration, the Board may undertake the study or investigation as a special
project. In any such event, it shall be a condition precedent that satisfactory
financing and personnel arrangements be concluded to assure that the party or
parties benefited bear all costs which the Board determines that it would be
inequitable for it to assume. Prior to undertaking any study or investigation pursuant
to this Article as a special project, the Board shall make reasonable efforts to secure
the undertaking of the work by another responsible public or private entity in
accordance with the policy set forth in Article IV (2).
Article X. Comprehensive Land Use Planning.
If any two or more contiguous party states desire to prepare a single or consolidated
comprehensive land use plan, or a land use plan for any interstate area lying partly
within each such state, the Governors of the states involved may designate the
Board as their joint agency for the purpose. The Board shall accept such designation
and carry out such responsibility: provided that the states involved make
arrangements satisfactory to the Board to reimburse it or otherwise provide the
resources with which the land use plan is to be prepared. Nothing contained in this
Article shall be construed to deny the availability for use in the preparation of any
such plan of data and information already in the possession of the Board or to
require payment on account of the use thereof in addition to payments otherwise
required to be made pursuant to other provisions of this Agreement.
Article XI. Compacts and Agencies Unaffected.
Nothing in this Agreement shall be construed to:
(1)
Affect the powers of jurisdiction of any agency of a party state or any
subdivision thereof.
(2)
Affect the rights or obligations of any governmental units, agencies or
officials, or of any private persons or entities conferred or imposed by any interstate
or interstate-federal compacts to which any one or more states participating herein
are parties.
(3)
Impinge on the jurisdiction of any existing interstate-federal mechanism for
regional planning or development.
Article XII. Eligible Parties; Entry Into and Withdrawal.
(1)
This Agreement shall have as eligible parties the states of Alabama,
Arkansas, Delaware, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi,
Missouri, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia,
West Virginia, the Commonwealth of Puerto Rico and the territory of the Virgin
Islands.
(2)
Any eligible state may enter into this Agreement and it shall become binding
thereon when it has adopted the same: provided that in order to enter into initial
effect, adoption by at least five (5) states shall be required.
(3)
Adoption of the Agreement may be either by enactment thereof or by
adherence thereto by the Governor; provided that in the absence of enactment,
adherence by the Governor shall be sufficient to make his state a party only until
December 31, 1973. During any period when a state is participating in this
Agreement through gubernatorial action, the Governor may provide to the Board an
equitable share of the financial support of the Board from any source available to
him. Nothing in this paragraph shall be construed to require a Governor to take
action contrary to the constitution or laws of his state.
(4)
Except for a withdrawal effective on December 31, 1973, in accordance with
paragraph (3) of this Article, any party state may withdraw from this Agreement by
enacting a statute repealing the same, but no such withdrawal shall take effect until
one (1) year after the Governor of the withdrawing state has given notice in writing of
the withdrawal to the Governors of all other party states. No withdrawal shall affect
any liability already incurred by or chargeable to a party state prior to the time of
such withdrawal.
Article XIII. Construction and Severability.
This Agreement shall be liberally construed so as to effectuate the purposes thereof.
The provisions of this Agreement shall be severable and if any phrase, clause,
sentence or provision of this Agreement is declared to be contrary to the constitution
of any state or of the United States, or the application thereof to any government,
agency, person or circumstance is held invalid, the validity of the remainder of this
Agreement and the applicability thereof to any government, agency, person or
circumstance shall not be affected thereby. If this Agreement shall be held contrary
to the constitution of any state participating therein, the Agreement shall remain in
full force and effect as to the state affected as to all severable matters.
Effective:July 15, 1980
History: Amended 1980 Ky. Acts ch. 131, sec. 1, effective July 15, 1980. -Created 1974 Ky. Acts ch. 204, sec. 1.
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