By:  Turner, S.                                       H.B. No. 1749
       73R5688 DWS-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to comprehensive planning on local issues and community
    1-3  development.
    1-5        SECTION 1.  Legislative Findings and Purpose.  (a)  The
    1-6  legislature finds that:
    1-7              (1)  the metropolitan, urban, and suburban regions of
    1-8  the state are of vital importance to the economy, health, and
    1-9  general welfare of all citizens;
   1-10              (2)  the state has a vital role and essential public
   1-11  interest in establishing minimum standards and procedures for
   1-12  effective and coordinated regional, county, and local or municipal
   1-13  comprehensive planning, to:
   1-14                    (A)  promote economic development and more
   1-15  efficient, attractive, and workable patterns of urban and suburban
   1-16  development, including transportation and land uses; and
   1-17                    (B)  protect, preserve, and enhance natural
   1-18  resources and the natural environment; and
   1-19              (3)  to serve these vital and essential public
   1-20  interests of the state, consistent standards and procedures must be
   1-21  established for each metropolitan region governing coordinated
   1-22  comprehensive planning, the relationship to land use and other land
   1-23  development regulations, and the implementation of plans to promote
   1-24  the eventual public interest of the state and its metropolitan
    2-1  regions.
    2-2        (b)  The purposes of this Act are to:
    2-3              (1)  facilitate, encourage, and require coordinated
    2-4  comprehensive regional, county, and local planning;
    2-5              (2)  encourage community development and growth in all
    2-6  standard metropolitan statistical areas in the state;
    2-7              (3)  promote the health, safety, comfort, appearance,
    2-8  and general welfare of the community;
    2-9              (4)  promote public safety, including law enforcement,
   2-10  crime prevention, fire prevention, and the protection and nurturing
   2-11  of children and families;
   2-12              (5)  promote sound and affordable housing for all
   2-13  citizens to prevent overcrowding;
   2-14              (6)  facilitate the construction and improvement of
   2-15  public facilities, including schools, libraries, parks, recreation
   2-16  facilities, and water, sewage, and drainage systems;
   2-17              (7)  protect, conserve, properly use, and develop
   2-18  natural resources;
   2-19              (8)  enable the state and its counties and
   2-20  municipalities to qualify for maximum funding from federal and
   2-21  other governmental programs;
   2-22              (9)  facilitate the coordination of governmental plans,
   2-23  expenditures, and programs;
   2-24              (10)  respond competitively at all levels of state
   2-25  government to federal initiatives, policies, programs, and funding
   2-26  sources;
   2-27              (11)  ensure that major capital projects and major
    3-1  developments of regional impact have the most comprehensive and
    3-2  beneficial effects, long and short term, for all of the citizens of
    3-3  the state;
    3-4              (12)  promote efficient and orderly patterns of urban
    3-5  and suburban development, growth, and revitalization;
    3-6              (13)  discourage the inefficiencies and waste of
    3-7  suburban sprawl;
    3-8              (14)  encourage and facilitate citizens of each
    3-9  metropolitan region to participate in an organized community goals
   3-10  and planning process;
   3-11              (15)  develop planning procedures for each metropolitan
   3-12  region to facilitate the implementation of goals-oriented plans and
   3-13  programs;
   3-14              (16)  cause to be established or facilitate effective
   3-15  regional metropolitan planning councils with specific boundaries,
   3-16  powers, duties, and responsibilities;
   3-17              (17)  provide a mechanism in the office of the governor
   3-18  to assist, oversee, and coordinate metropolitan planning councils
   3-19  and to review and evaluate the progress and effectiveness of
   3-20  metropolitan planning councils;
   3-21              (18)  promote, encourage, and require coordinated
   3-22  comprehensive planning among the various levels of regional
   3-23  government and to efficiently plan and coordinate governmental
   3-24  capital expenditures and programs at all levels;
   3-25              (19)  provide for an interim study commission appointed
   3-26  by the legislature with representatives of major cities and
   3-27  counties in each metropolitan area to further establish goals and
    4-1  policies for regional planning and to prepare specific requirements
    4-2  for coordinated comprehensive planning and capital improvement
    4-3  programs;
    4-4              (20)  more effectively use, protect, conserve, and
    4-5  enhance natural resources;
    4-6              (21)  facilitate harmonious relations, cooperation, and
    4-7  community improvement among the diverse social and ethnic
    4-8  populations of our metropolitan regions;
    4-9              (22)  assist in the revitalization of neighborhoods and
   4-10  the restoration of a sense of neighborhood and community in the
   4-11  urban and suburban areas of metropolitan regions, especially the
   4-12  revitalization of disadvantaged neighborhoods;
   4-13              (23)  identify and facilitate federal revenue and
   4-14  entitlement sharing programs to enable the state to be more
   4-15  effective in competing for federal funds and to respond effectively
   4-16  to new federal programs and initiatives;
   4-17              (24)  plan and coordinate state capital expenditures
   4-18  with those of the various levels of government within each region;
   4-19  and
   4-20              (25)  promote, through comprehensive planning, the
   4-21  implementation of efficient coordinated regional transportation
   4-22  systems, including mass transit and intraregional and interregional
   4-23  transit corridors, to reduce automobile congestion, increase
   4-24  mobility, especially for the elderly, handicapped and
   4-25  disadvantaged, and further reduce air pollution and commuting time
   4-26  from home to work.
   4-27        SECTION 2.  DEFINITIONS.  In this Act:
    5-1              (1)  "Agricultural use" means an activity within a land
    5-2  area that is predominantly used for the cultivation of crops and
    5-3  livestock, including cropland, pastureland, an orchard, a vineyard,
    5-4  a nursery, an ornamental horticulture area, a grove, a confined
    5-5  feeding operation, a specialty farm, or a silviculture area.
    5-6              (2)  "Airport facility" means an area of land or water
    5-7  improved, maintained, or operated by a governmental agency for the
    5-8  landing and takeoff of aircraft or a privately owned paved runway
    5-9  of 4,000 feet or more in length, and any appurtenant area used for
   5-10  airport buildings, other airport facilities, or right-of-way.
   5-11              (3)  "Capital budget" means the portion of each local
   5-12  government's budget that reflects capital improvements scheduled
   5-13  for a fiscal year.
   5-14              (4)  "Capital improvement" means the physical assets
   5-15  constructed or purchased to provide, improve, or replace a public
   5-16  facility that are large scale and high in cost and that involve a
   5-17  cost that is generally nonrecurring and may require multiyear
   5-18  financing.  The term includes physical assets that have been
   5-19  identified as existing or projected needs in the individual
   5-20  comprehensive plan elements.
   5-21              (5)  "Coastal area" means, for the purposes of
   5-22  preparing and implementing requirements of the coastal management
   5-23  element, except those requirements relating to hurricane
   5-24  evacuation, hazard mitigation, water quality, water quantity, and
   5-25  the coastal area or estuarine environmental quality, the area
   5-26  designated as the coastal area by the local government.
   5-27              (6)  "COG" means a regional planning commission created
    6-1  under Chapter 391, Local Government Code.
    6-2              (7)  "Developer" means a person, including a
    6-3  governmental agency, undertaking any development.
    6-4              (8)  "Dune" means a mound or ridge of loose, usually
    6-5  sand-sized sediments lying landward of a beach and extending inland
    6-6  to the landward toe of the dune that intercepts the predicted
    6-7  100-year storm surge line.
    6-8              (9)  "Drainage facility" means a system of man-made
    6-9  structures designed to collect, convey, hold, divert, or discharge
   6-10  storm water.  The term includes storm-water sewers, canals,
   6-11  detention structures, and retention structures.
   6-12              (10)  "GOPA" means the Governor's Office of Planning
   6-13  Affairs.
   6-14              (11)  "Governing body" means the commissioners court of
   6-15  a county or the governing body of a municipality.
   6-16              (12)  "Hazardous waste" means solid waste that because
   6-17  of its quantity, concentration, or physical, chemical, or
   6-18  infectious characteristics may:
   6-19                    (A)  cause or significantly contribute to an
   6-20  increase in mortality or an increase in serious irreversible or
   6-21  incapacitating reversible illness; or
   6-22                    (B)  pose a substantial present or potential
   6-23  hazard to human health or the environment if improperly
   6-24  transported, disposed of, stored, treated, or otherwise managed.
   6-25              (13)  "Historic resource" means an area, district, or
   6-26  site containing property listed on the Texas Master Site File or
   6-27  the National Register of Historic Places or designated by a local
    7-1  government as historically, architecturally, or archaeologically
    7-2  significant.
    7-3              (14)  "Hurricane vulnerability zone" means an area
    7-4  delineated by the regional or local hurricane evacuation plan as
    7-5  requiring evacuation, including an area requiring evacuation in
    7-6  event of a 100-year storm or Category 3 storm event.
    7-7              (15)  "Industrial use" means an activity predominantly
    7-8  connected with the manufacturing, assembly, processing, or storage
    7-9  of products.
   7-10              (16)  "Infrastructure" means a man-made structure that
   7-11  serves the common needs of the population, including a sewage
   7-12  disposal system, potable water system, potable water well serving a
   7-13  system, solid waste disposal site or retention area, storm-water
   7-14  system, utility, pier, dock, wharf, breakwater, bulkhead, seawall,
   7-15  bulwark, revetment, causeway, marina, navigation channel, bridge,
   7-16  or roadway.
   7-17              (17)  "Land" includes water and air above, below, or on
   7-18  the surface of land, and improvements or structures customarily
   7-19  regarded as land.
   7-20              (18)  "Land use" means development that has occurred or
   7-21  is proposed by a developer on land, or a use that is permitted or
   7-22  permissible on land under:
   7-23                    (A)  an adopted comprehensive plan or element or
   7-24  portion of a plan or element;
   7-25                    (B)  land development regulations; or
   7-26                    (C)  a land development code.
   7-27              (19)  "Local government" means a county, municipality,
    8-1  or other political subdivision of the state.
    8-2              (20)  "Local plan" means a comprehensive plan for a
    8-3  county or municipality.
    8-4              (21)  "Local road" means a roadway providing service
    8-5  that has relatively low traffic volume, short average trip length,
    8-6  or minimal through traffic movements, or that provides high volume
    8-7  land access for abutting property.
    8-8              (22)  "Minimum standards and procedures" means minimum
    8-9  standards and procedures, including the minimum elements, to be
   8-10  addressed and included for preparation of local comprehensive
   8-11  plans, for implementation of local comprehensive plans, and for
   8-12  participation in the coordinated and comprehensive planning
   8-13  process.  The term includes an element, standard, or procedure for
   8-14  those purposes prescribed by an MPC or a county or municipality
   8-15  within its region and approved in advance by GOPA in accordance
   8-16  with rules and guidelines developed by GOPA.
   8-17              (23)  "MPC" means a metropolitan planning council.
   8-18              (24)  "MPR" means a metropolitan planning region.
   8-19              (25)  "Plan amendment" means a significant action by a
   8-20  local government to change its currently approved comprehensive
   8-21  plan.  An amendment is considered necessary if the local government
   8-22  determines conditions have changed dramatically so as to alter the
   8-23  basic tenets of its approved comprehensive plan.
   8-24              (26)  "Plan approval" means certification conferred by
   8-25  GOPA acknowledging that a local government has prepared, submitted
   8-26  to the regional development center for review, and adopted a
   8-27  comprehensive plan that meets the minimum standards and procedures.
    9-1              (27)  "Planning elements" means the minimum elements of
    9-2  a comprehensive plan that must be addressed by a local government
    9-3  in the preparation of the plan, including population, economic
    9-4  development, natural and historic resources, community facilities,
    9-5  housing, and land use.
    9-6              (28)  "Plan update" means the complete rewrite of the
    9-7  local government comprehensive plan, which is to be accomplished
    9-8  not later than six years after the date of approval of the most
    9-9  recent comprehensive plan and must meet the minimum standards and
   9-10  procedures.
   9-11              (29)  "Public facilities" means major capital
   9-12  improvements, including transportation, sanitary sewer, solid
   9-13  waste, drainage, potable water, educational, parks and
   9-14  recreational, and health systems and facilities.
   9-15              (30)  "Qualified local government" means a county or
   9-16  municipality that:
   9-17                    (A)  adopts and maintains a comprehensive plan
   9-18  conforming with the minimum standards and procedures; and
   9-19                    (B)  establishes regulations consistent with its
   9-20  comprehensive plan and with the minimum standards and procedures.
   9-21              (31)  "Recreation" means a component of a recreation
   9-22  site used by the public, including a trail, court, athletic field,
   9-23  or swimming pool.
   9-24              (32)  "Region" means the territorial area within the
   9-25  boundaries of operation for any regional development center, as
   9-26  established from time to time by the board.
   9-27              (33)  "Regional park" means a park designed to serve
   10-1  two or more communities.
   10-2              (34)  "Regional plan" means a comprehensive plan for a
   10-3  region prepared in accordance with the standards and procedures
   10-4  established by GOPA.
   10-5              (35)  "Regional planning agency" means the agency
   10-6  designated by GOPA to exercise responsibilities under law in a
   10-7  particular region of the state.
   10-8              (36)  "SMSA" means standard metropolitan statistical
   10-9  area.
  10-10              (37)  "Storm water" means the flow of water that
  10-11  results from a rainfall event.
  10-12              (38)  "Water recharge area" means a land or water area
  10-13  through which groundwater is replenished.
  10-14              (39)  "Water-related use" means an activity that is not
  10-15  directly dependent on access to a water body, but that provides
  10-16  goods and services that are directly associated with a
  10-17  water-dependent or waterway use.
  10-18        SECTION 3.  Establishment of Metropolitan Planning Regions.
  10-19  The governor shall divide the state into a number of MPRs, which
  10-20  shall include all regions defined by the United States Bureau of
  10-21  the Census as SMSAs including all concentrated population areas of
  10-22  100,000 persons or more.
  10-23        SECTION 4.  Metropolitan Planning Council.  (a)  For each
  10-24  MPR, there is created an MPC with powers to:
  10-25              (1)  coordinate the planning process and government
  10-26  capital expenditures within the MPR;
  10-27              (2)  provide review of all federal funding applications
   11-1  and A-95 reviews; and
   11-2              (3)  enforce this Act.
   11-3        (b)  An MPC consists of an 11-member board, an executive
   11-4  director, and staff.  The board shall be appointed by the governor
   11-5  from nominations provided by the mayors and county judges of the
   11-6  governmental units within the MPR, and must be representative of
   11-7  the population of the area.  The composition of each board must
   11-8  reflect the ethnic population profile of the region generally.
   11-9  Members serve two-year terms expiring February 1 of each
  11-10  odd-numbered year.  A member may not serve more than two terms.  At
  11-11  its first meeting after February 1 of an odd-numbered year the
  11-12  members shall select a presiding officer.
  11-13        SECTION 5.  Governor's Office of Planning Affairs.  (a)  The
  11-14  governor shall establish an office of planning affairs, which must
  11-15  consist of an executive director and administrative staff as
  11-16  required.
  11-17        (b)  GOPA shall:
  11-18              (1)  advise, coordinate, and review the activities and
  11-19  plans of each MPC;
  11-20              (2)  coordinate the plans and capital expenditures of
  11-21  the state with those of each MPC; and
  11-22              (3)  review and monitor the consistency of
  11-23  comprehensive regional plans and sub-plans of local governments.
  11-24        (c)  All local and state expenditures, including expenditures
  11-25  for highways, transit, education, health, water quality, including
  11-26  water and sewage systems, law enforcement, and criminal justice,
  11-27  must be consistent with adopted comprehensive regional plans and
   12-1  must promote the goals and objectives of each MPC and of this Act.
   12-2        (d)  GOPA and its executive director shall determine the
   12-3  number and boundaries of MPRs.
   12-4        SECTION 6.  Interim Comprehensive Regional Planning Study
   12-5  Commission.  (a)  Before January 1, 1995, the Interim Comprehensive
   12-6  Regional Planning Study Commission shall:
   12-7              (1)  report to GOPA recommending specific methods and
   12-8  procedures for coordinating comprehensive regional planning
   12-9  throughout the state;
  12-10              (2)  research current planning activities in the state;
  12-11  and
  12-12              (3)  study the most effective coordination of capital
  12-13  expenditures of all levels of government and the most effective
  12-14  means to compete for federal funding.
  12-15        (b)  The executive director of GOPA shall serve as the
  12-16  executive director of the interim study commission.
  12-17        (c)  The commission is composed of 11 members of the
  12-18  legislature appointed jointly by the governor, lieutenant governor,
  12-19  and speaker of the house of representatives.
  12-20        (d)  The commission shall report to the 74th Legislature the
  12-21  means by which MPCs should most effectively carry out the intent,
  12-22  purpose, and specific provisions of this Act, and shall recommend
  12-23  additions and modifications to the procedures and standards
  12-24  described by this Act.
  12-25        SECTION 7.  Schedule of Comprehensive Planning Requirements.
  12-26  Before December 31, 1998, each MPC in the state shall adopt a
  12-27  comprehensive regional plan.  Before December 31, 1995, each major
   13-1  municipality and local jurisdiction within the MPR shall adopt a
   13-2  comprehensive plan, consistent with the standards and guidelines of
   13-3  this Act and additional standards adopted by the legislature as a
   13-4  result of the recommendations and procedures of the interim
   13-5  regional planning study commission.
   13-6        SECTION 8.  Duties of Local Government.  (a)  A local
   13-7  government shall serve the essential public interests of the state
   13-8  by promoting the establishment, implementation, and performance of
   13-9  coordinated and comprehensive planning and plans by municipal and
  13-10  county governments.  The governing body of a municipality or county
  13-11  may develop comprehensive plans at the local level.  A municipality
  13-12  or county may not adopt or put into effect a comprehensive local
  13-13  plan before  60 days after the date the municipality or county  has
  13-14  submitted the local plan to the MPC for review, comment, and
  13-15  recommendation.  A request to the MPC for reconsideration in
  13-16  accordance with this Act automatically extends the 60-day period to
  13-17  90 days.  The MPC shall act on a plan submitted by the local
  13-18  government before 60 days after the date the plan was submitted.
  13-19  This action must be approval, approval with conditions, or denial.
  13-20  In the case of approval with conditions or denial, the local
  13-21  government must reapply to the MPC for approval before 90 days
  13-22  after the date of the MPC's action.  If the local plan is not
  13-23  approved before one year after the date the plan was submitted, the
  13-24  plan shall be adopted with the conditions established by the MPC.
  13-25        (b)  The governing body of a municipality or county may:
  13-26              (1)  employ personnel or enter into contracts with the
  13-27  MPC or other public or private entity to assist in developing,
   14-1  establishing, and implementing its comprehensive plan;
   14-2              (2)  contract with one or more counties or
   14-3  municipalities for assistance in developing, establishing, and
   14-4  implementing a comprehensive plan, regardless of whether the
   14-5  contract is to obtain assistance or to provide assistance;
   14-6              (3)  develop, establish, and implement, to the extent
   14-7  otherwise permitted by law, land use regulations and planning
   14-8  standards and procedures that are consistent with the comprehensive
   14-9  plan of the municipality or county government;
  14-10              (4)  develop, establish, and implement a plan for
  14-11  capital improvements that conforms to the minimum standards and
  14-12  procedures and make the plan a part of the local comprehensive
  14-13  plan; a local government authorized and wishing to impose
  14-14  development impact fees must adhere to the planning requirements
  14-15  for capital improvements as established by the MPC;
  14-16              (5)  take any action necessary or desirable within its
  14-17  powers to further the policy of the state for coordinated and
  14-18  comprehensive planning;
  14-19              (6)  pay annual dues for membership in its MPC, in
  14-20  accordance with standards developed by GOPA;
  14-21              (7)  participate in compiling a statewide geographic
  14-22  information system data base and network to serve as a
  14-23  comprehensive source of information for the coordinated and
  14-24  comprehensive planning process; and
  14-25              (8)  participate in good faith in mediation or other
  14-26  forms of conflict resolution, including those relating to
  14-27  comprehensive plans, regionally important resources, or
   15-1  developments of regional impact.
   15-2        SECTION 9.  Duties of MPC.  (a)  An MPC shall serve the
   15-3  essential public interests of the state by promoting the
   15-4  establishment, implementation, and performance of coordinated and
   15-5  comprehensive planning by municipal and county governments, in
   15-6  conformity with the minimum standards and procedures established
   15-7  pursuant to this Act.  To carry out this duty an MPC shall:
   15-8              (1)  contract with one or more counties or
   15-9  municipalities for assistance in developing, establishing, and
  15-10  implementing a comprehensive plan; and
  15-11              (2)  undertake and carry out planning and technical
  15-12  assistance activities that its board of directors or GOPA considers
  15-13  necessary for the development, preparation, and implementation of
  15-14  comprehensive planning for the MPR and for municipalities and
  15-15  counties within the MPR, or necessary for coordinated and
  15-16  comprehensive planning within the MPR.
  15-17        (b)  To carry out specific planning and technical assistance
  15-18  activities an MPC may:
  15-19              (1)  coordinate and assist local governments in
  15-20  preparing local plans for submission to the MPC;
  15-21              (2)  provide technical planning assistance to local
  15-22  governments;
  15-23              (3)  develop and prepare a local plan for a county or
  15-24  municipality if the county or municipality enters into a contract
  15-25  with an MPC for that purpose; and
  15-26              (4)  require that comprehensive plans within its MPR
  15-27  include elements in addition to those established by GOPA as
   16-1  minimum standards and procedures, but before imposing the
   16-2  requirement, the MPC must receive GOPA's approval of additional
   16-3  elements to be included in the comprehensive plans.
   16-4        (c)  Each MPC shall:
   16-5              (1)  prepare and adopt a regional plan that considers
   16-6  local plans in the MPR and submit the regional plan to GOPA;
   16-7              (2)  participate in compiling a statewide geographic
   16-8  information system data base and network, coordinated by GOPA to
   16-9  serve as a comprehensive source of information available, in an
  16-10  accessible form, to local governments, state agencies, and members
  16-11  of the legislature; and
  16-12              (3)  review and comment on each local plan submitted to
  16-13  it in accordance with minimum standards and procedures.
  16-14        SECTION 10.  PROCEDURE.  (a)  Each local plan shall be
  16-15  submitted to the MPC for review and recommendations.  After a
  16-16  public hearing, the local plan shall be adopted as part of the
  16-17  regional metropolitan plan.
  16-18        (b)  The MPC shall determine whether the local plan complies
  16-19  with standards established by this Act and by the MPC.
  16-20        (c)  A local government may request reconsideration of
  16-21  recommendations by the MPC at a public hearing.  Not later than 90
  16-22  days after the date of the public hearing, the MPC shall make a
  16-23  determination on continuing or modifying its recommendations, and
  16-24  shall give written notification to the local government of its
  16-25  determination, which is final.
  16-26        (d)  The recommendations and decisions of the MPC must be
  16-27  limited to issues of intergovernmental coordination, stated goals,
   17-1  policies, and objectives of the MPR, compliance with the minimum
   17-2  standards and procedures of this Act, and compliance with standards
   17-3  and procedures required by federal regulations, policies, and
   17-4  programs, and policies, plans, and programs of the state  and
   17-5  appropriate state agencies.  This Act does not limit or compromise
   17-6  the right of a local government to exercise a power of zoning or
   17-7  comprehensive planning established by state law.
   17-8        (e)  Each application for federal funding from a local
   17-9  government shall be prepared and submitted to the MPC for a
  17-10  determination of compliance.  The application shall be reviewed
  17-11  expeditiously and shall be coordinated by the MPC with other local
  17-12  jurisdictions if necessary.
  17-13        (f)  Each MPC shall serve as the regional clearinghouse for
  17-14  all federal programs.
  17-15        (g)  A proposed action by a municipal or county government
  17-16  that, based on guidelines of GOPA, may establish or affect
  17-17  regionally important resources shall be reviewed by the MPC in
  17-18  accordance with rules and procedures established by GOPA and shall
  17-19  result in a public finding by GOPA as to whether the proposed
  17-20  action will be in the best interests of the state.  The action
  17-21  shall be referred to the MPC for review.
  17-22        (h)  A proposed action by a municipal or county government
  17-23  that, based on guidelines of GOPA, would further any development of
  17-24  regional impact shall be reviewed by the MPC in accordance with
  17-25  rules and procedures established by GOPA and shall result in a
  17-26  public finding by GOPA as to whether the proposed action will be in
  17-27  the best interest of the state.
   18-1        (i)  Each MPC shall coordinate mediation or other forms of
   18-2  resolving conflicts relating to comprehensive plans, regionally
   18-3  important resources, or developments of regional impact among local
   18-4  governments within the MPR, pursuant to this Act and procedures
   18-5  developed by GOPA.
   18-6        (j)  Each MPC shall participate in good faith in mediation or
   18-7  another form of conflict resolution if the conflict involves
   18-8  another MPC.
   18-9        SECTION 11.  INITIAL FUNDING.  Funds to support GOPA and the
  18-10  interim study commission shall be derived from one-half of one
  18-11  percent annual set-aside from allocation of all state-administered
  18-12  capital projects in each MPR, including federal funds.
  18-13        SECTION 12.  MINIMUM LOCAL PLANNING STANDARDS.  (a)  Minimum
  18-14  local planning standards shall be established to guide local
  18-15  governments in developing and implementing comprehensive plans.
  18-16  The planning standards must provide sufficient flexibility to allow
  18-17  communities to address the variety of situations the communities
  18-18  face.  Each MPC shall determine which items are appropriate for
  18-19  consideration in its planning process.  A local government shall
  18-20  consider additional planning elements or data items in its plans,
  18-21  as needed, to focus on special situations or issues of importance
  18-22  to the community and local government.
  18-23        (b)  GOPA shall define the state's long-term goals and
  18-24  priorities through coordinated and comprehensive planning.  Goals
  18-25  developed in local plans must be consistent with statewide goals.
  18-26  GOPA shall utilize local and regional plans in developing and
  18-27  refining these goals and priorities.  Statewide goals and local
   19-1  goals shall include the following elements:
   19-2              (1)  economic development, to achieve a growing and
   19-3  balanced economy, consistent with the prudent management of the
   19-4  state's resources, that equitably benefits all segments of the
   19-5  population; economic development should focus on employment,
   19-6  business growth, and attracting new industry and business to each
   19-7  metropolitan region;
   19-8              (2)  natural and historic resources, to conserve and
   19-9  protect the environmental, natural, and historic resources of the
  19-10  state and its communities and regions;
  19-11              (3)  community facilities and services, to ensure that
  19-12  public facilities throughout the state have adequate capacity, and
  19-13  are in place when needed, to support and attract private growth and
  19-14  development and maintain and enhance the quality of life of
  19-15  residents of the state; community facilities include water supply,
  19-16  sewage, and wastewater treatment systems and drainage, subsidence,
  19-17  solid waste management, public safety, health, recreation,
  19-18  education, library, cultural, and other government and public
  19-19  facilities;
  19-20              (4)  housing and neighborhoods, to ensure that
  19-21  residents of the state have access to adequate and affordable
  19-22  housing, and to ensure the conservation and development of livable,
  19-23  harmonious, attractive, and safe neighborhoods;
  19-24              (5)  land use, to ensure that land resources are
  19-25  allocated for uses that will accommodate and enhance the state's
  19-26  economic development, natural and historic resources, community
  19-27  facilities, and housing, and to protect and improve the quality of
   20-1  life of residents of the state; land use plans shall use the
   20-2  standard classification system and shall include a future land use
   20-3  map, which shall be periodically updated; and
   20-4              (6)  transportation, to ensure an efficient and
   20-5  balanced transportation system in each MPR, including streets and
   20-6  highways, public transit and rail systems, railroads and stations,
   20-7  port facilities, airports, pedestrian circulation, and alternative
   20-8  transportation.
   20-9        (c)  A local government shall follow a three-step planning
  20-10  process in developing each of the topical planning elements under
  20-11  Subsection (b).  This process establishes the scope and sequence of
  20-12  local planning activities and defines what must be considered and
  20-13  accomplished by each local government to ensure minimum standards
  20-14  of quality and comprehensiveness in local plans across the state.
  20-15  The plan document must confirm that the three-step planning process
  20-16  has been followed, but local governments may organize the plan
  20-17  document in the manner that is appropriate to present the
  20-18  information, conclusions, and intentions of the plan in the
  20-19  clearest and most usable form.  This process may not be interpreted
  20-20  as discouraging local governments from exceeding the minimum
  20-21  planning standards.
  20-22        (d)  The initial step of the planning process is intended to
  20-23  provide local governments with a factual and conceptual basis for
  20-24  making informed decisions about the future of the community and to
  20-25  ensure that an appropriate range of issues and viewpoints is
  20-26  considered.  It must include:
  20-27              (1)  preparation of an inventory of data for each
   21-1  planning element and development or presentation of projections or
   21-2  forecasts as applicable; and
   21-3              (2)  analysis of the data for each element, including
   21-4  consideration of the implications of historical trends, current
   21-5  conditions, and forecasts for the future; a data item must be
   21-6  assessed in terms of its significance to the community and
   21-7  relevance to information analyzed under each of the other plan
   21-8  elements; this step must include an assessment and identification
   21-9  of community and natural resources and consideration of the manner
  21-10  in which resources should be developed, conserved, or protected;
  21-11  the assessment must also involve an evaluation of existing
  21-12  community programs, facilities, services, regulatory tools, and
  21-13  administrative systems to determine whether they are or will be
  21-14  sufficient to meet the community's current and future needs; the
  21-15  assessment must include input from the public and must involve the
  21-16  development of alternatives for addressing current and future
  21-17  problems and opportunities.
  21-18        (e)  The second step in the planning process is intended to
  21-19  establish the community's long-range needs, goals, and ambitions,
  21-20  resulting from the data inventory and assessment and an organized
  21-21  community planning process.  It must include:
  21-22              (1)  a statement of needs for each plan element, except
  21-23  population, which may be addressed at the local government's
  21-24  option, summarizing the conclusions reached during the inventory
  21-25  and assessment step and addressing ways in which these needs may
  21-26  affect or be affected by other elements of the plan; and
  21-27              (2)  goal statements expressing the community's common
   22-1  ideals, desires, and vision for the future for each element; goals
   22-2  must be directed toward addressing the community's social,
   22-3  economic, and physical needs and opportunities in a manner that
   22-4  will ensure the future well-being of the community.
   22-5        (f)  The third step of the planning process is implementation
   22-6  of plans, strategies, and actions, with an emphasis on economic
   22-7  development, natural and historic resources, community facilities,
   22-8  housing, neighborhoods, land use, and the relationship of land use
   22-9  to transportation.  Strategies may address population growth trends
  22-10  at the local government's option.  The implementation strategies
  22-11  must coordinate the goals and policies arising from the separate
  22-12  plan elements.  The implementation strategies must include:
  22-13              (1)  strategies that the local government will employ
  22-14  during each of the next four five-year periods over a 20-year
  22-15  planning period to address the needs and goals of the plan;
  22-16              (2)  policies the local government will adopt to
  22-17  support community values and to define priorities regarding
  22-18  specific issues and resources addressed in the plan, to provide
  22-19  guidance and direction to local government officials in
  22-20  implementing the plan; and
  22-21              (3)  an initial term work program to schedule specific
  22-22  action the local government intends to take during each of the next
  22-23  five years to address the needs and goals identified in the plan; a
  22-24  local government shall update the initial term work program
  22-25  periodically; the initial term work program shall include:
  22-26                    (A)  a description of public and private
  22-27  community and economic development initiatives or programs to be
   23-1  put in place over each of the next five years, including cost
   23-2  estimates and alternative funding sources, if applicable;
   23-3                    (B)  a description of major capital improvements
   23-4  or infrastructure expansions proposed over each of the next five
   23-5  years, including cost estimates and alternative funding sources;
   23-6  and
   23-7                    (C)  a description of administrative systems,
   23-8  regulatory measures, or land development regulations, including
   23-9  building codes, subdivision regulations, zoning ordinances, and
  23-10  performance standards, to be adopted or amended over each of the
  23-11  next five years.
  23-12        (g)  To assist in plan preparation, GOPA shall supply
  23-13  municipalities and counties with data from standard federal, state,
  23-14  and private sources, to the extent that this data is available.  A
  23-15  local government is encouraged to update this information by any
  23-16  means available.  A local government is not required to use the
  23-17  data provided by GOPA, and may use for projections specific numbers
  23-18  or a range of numbers that it believes adequately reflect
  23-19  conditions in the community.  GOPA and each MPC shall provide local
  23-20  governments with the best available population, demographic,
  23-21  economic development, and housing data from the U.S. Census and
  23-22  other standard sources, maps, and information on natural and
  23-23  historic resources available at the state and federal level.
  23-24        (h)  GOPA may establish minimum planning elements to be
  23-25  addressed by local governments in the coordinated and comprehensive
  23-26  planning process.  The following topical planning elements shall be
  23-27  included in all local comprehensive plans:
   24-1              (1)  economic development;
   24-2              (2)  natural and historic resources;
   24-3              (3)  community facilities and services;
   24-4              (4)  housing population;
   24-5              (5)  transportation; and
   24-6              (6)  land use.
   24-7        (i)  A community may prepare and submit a comprehensive plan
   24-8  that exceeds the minimum planning standards or that includes other
   24-9  elements in addition to those prescribed by GOPA.
  24-10        SECTION 13.  Minimum Procedural Standards.  (a)  Established
  24-11  minimum procedural standards for use in the coordinated and
  24-12  comprehensive planning process shall be used in the preparation,
  24-13  submission, review, adoption, update, and amendment of local
  24-14  government comprehensive plans.
  24-15        (b)  If a local government has existing or proposed planning
  24-16  or procedural practices that differ from but meet the intent of the
  24-17  minimum local planning standards or minimum procedural standards
  24-18  provided by this section, each MPC may grant the requesting local
  24-19  government a variance from these requirements to recognize special
  24-20  or unique local conditions.  A local government is encouraged to
  24-21  exceed standards provided by this section if appropriate.  If a
  24-22  local government's planning process clearly exceeds the minimum
  24-23  standards and procedures, approval of the MPC is not required.
  24-24        (c)  GOPA shall develop a five-year schedule for phasing in
  24-25  local government compliance and update it at least annually during
  24-26  the phase-in period.
  24-27        (d)  A local government shall hold at least three public
   25-1  hearings before submitting a draft comprehensive plan to the MPC
   25-2  for review.  At least one public hearing must be held before the
   25-3  development of the plan to inform the public about the purpose of
   25-4  the plan and the process to be followed in the preparation of the
   25-5  plan, and to elicit community input on needs and goals.  A local
   25-6  government shall follow the public hearing notification procedures
   25-7  it normally uses in announcing and conducting public hearings.  The
   25-8  local government shall hold at least two additional hearings before
   25-9  submitting the draft plan to the MPC for review to inform the
  25-10  community on the contents of the draft plan, to provide an
  25-11  opportunity for residents to make suggestions, additions, or
  25-12  revisions, and to notify the community of when the draft plan will
  25-13  be submitted to the MPC for review.
  25-14        (e)  The governing body of the submitting local government
  25-15  must by resolution authorize the submission of the draft plan to
  25-16  the MPC for review and certify that the minimum public
  25-17  participation requirements have been met.
  25-18        (f)  The MPC shall review a local plan for compliance with
  25-19  the minimum standards and procedures and, in consultation with all
  25-20  local governments in the MPR and adjoining MPRs, shall determine
  25-21  whether the adoption or implementation of the plan would conflict
  25-22  with plans or policies of other governmental units.  The MPC shall:
  25-23              (1)  recommend approval of the plan to GOPA and notify
  25-24  the submitting local government of the approval;
  25-25              (2)  recommend approval of the plan to GOPA and with
  25-26  specific conditions to the submitting local government; or
  25-27              (3)  recommend to GOPA that the plan not be approved
   26-1  based on noncompliance with the minimum standards and procedures
   26-2  and suggest measures to the submitting local government that would
   26-3  correct the deficiencies.
   26-4        (g)  The MPC shall notify GOPA and the submitting local
   26-5  government of any conflicts or inconsistencies identified and shall
   26-6  assist in resolving the conflicts.
   26-7        (h)  The executive director of the MPC shall notify members
   26-8  of the MPC board and the submitting local government of all
   26-9  recommendations and conflicts that are identified.
  26-10        (i)  Not later than 10 days after the date the MPC's
  26-11  recommendation is made public, a submitting local government that
  26-12  disagrees with the recommendation may petition the MPC for a
  26-13  reconsideration hearing.  This hearing shall be scheduled and held
  26-14  by MPC not later than 15 days after the date of receipt of the
  26-15  request.  Not later than 10 days after the date of the
  26-16  reconsideration hearing, the MPC shall continue or modify its
  26-17  original recommendation and provide written notice of its decision
  26-18  to the submitting local government and to GOPA.
  26-19        (j)  Informal or formal mediation of conflicts relating to
  26-20  local plans may be initiated in accordance with the procedures for
  26-21  mediation established by GOPA.
  26-22        (k)  A local government may not adopt or put into effect a
  26-23  local plan prepared in accordance with the minimum standards and
  26-24  procedures before 60 days after the date the plan is first
  26-25  submitted to the MPC for review.  If reconsideration is requested,
  26-26  the period is 90 days.
  26-27        (l)  The governing body of the submitting local government
   27-1  shall notify the MPC, in writing, not later than seven days after
   27-2  the date of adoption of the local plan prepared in accordance with
   27-3  the minimum standards and procedures of GOPA.
   27-4        SECTION 14.  EMERGENCY.  The importance of this legislation
   27-5  and the crowded condition of the calendars in both houses create an
   27-6  emergency and an imperative public necessity that the
   27-7  constitutional rule requiring bills to be read on three several
   27-8  days in each house be suspended, and this rule is hereby suspended,
   27-9  and that this Act take effect and be in force from and after its
  27-10  passage, and it is so enacted.