2.2-5700 - Form of agreement.
§ 2.2-5700. Form of agreement.
The Southern Growth Policies Agreement is hereby enacted into law and enteredinto by the Commonwealth with all other states legally joining therein in theform substantially as follows:
Article I.
Findings and Purposes.
A. The party states find that the South has a sense of community based oncommon social, cultural and economic needs and fostered by a regionaltradition. There are vast potentialities for mutual improvement of each statein the region by cooperative planning for the development, conservation andefficient utilization of human and natural resources in a geographic arealarge enough to afford a high degree of flexibility in identifying and takingmaximum advantage of opportunities for healthy and beneficial growth. Theindependence of each state and the special needs of subregions are recognizedand are to be safeguarded. Accordingly, the cooperation resulting from thisagreement is intended to assist the states in meeting their own problems byenhancing their abilities to recognize and analyze regional opportunities andtake account of regional influences in planning and implementing their publicpolicies.
B. The purposes of this agreement are to provide:
1. Improved facilities and procedures for study, analysis and planning ofgovernmental policies, programs and activities of regional significance.
2. Assistance in the prevention of interstate conflicts and the promotion ofregional cooperation.
3. Mechanisms for the coordination of state and local interests on a regionalbasis.
4. An agency to assist the states in accomplishing the foregoing.
Article II.
The Board.
A. There is created the Southern Growth Policies Board, hereinafter called"the Board."
B. The Board shall consist of five members from each party state, as follows:
1. The governor.
2. Two members of the state legislature, one appointed by the presidingofficer of each house of the legislature or in such other manner as thelegislature may provide.
3. Two residents of the state who shall be appointed by the governor to serveat his pleasure.
C. In making appointments pursuant to paragraph B 3, a governor shall, to thegreatest extent practicable, select persons who, along with the other membersserving pursuant to paragraph B, will make the state's representation on theBoard broadly representative of the several socioeconomic elements within hisstate.
D.1. A governor may be represented by an alternate with power to act in hisplace and stead, if notice of the designation of such alternate is given tothe Board in such manner as its bylaws may provide.
2. A legislative member of the Board may be represented by an alternate withpower to act in his place and stead, unless the laws of his state prohibitsuch representation and if notice of the designation of such alternate isgiven to the Board in such manner as its bylaws may provide. An alternate fora legislative member of the Board shall be selected by the member from amongthe members of the legislative house in which he serves.
3. A member of the Board serving pursuant to paragraph B 3 may be representedby 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 anddesignation of the representative selected by the member is given to theBoard in such manner as its bylaws may provide.
Article III.
Powers.
A. The Board shall prepare and keep current a Statement of RegionalObjectives, including recommended approaches to regional problems. TheStatement may also identify projects deemed by the Board to be of regionalsignificance. The Statement shall be available in its initial form two yearsfrom the effective date of this agreement and shall be amended or revised noless frequently than once every six years. The Statement shall be in suchdetail as the Board may prescribe. Amendments, revisions, supplements orevaluations may be transmitted at any time. An annual commentary on theStatement shall be submitted at a regular time to be determined by the Board.
B. In addition to powers conferred on the Board elsewhere in this agreement,the Board shall have the power to make or commission studies, investigationsand recommendations with respect to:
1. The planning and programming of projects of interstate or regionalsignificance.
2. Planning and scheduling of governmental services and programs which wouldbe of assistance to the orderly growth and prosperity of the region, and tothe well-being of its population.
3. Effective utilization of such federal assistance as may be available on aregional basis or as may have an interstate or regional impact.
4. Measures for influencing population distribution, land use, development ofnew communities and redevelopment of existing ones.
5. Transportation patterns and systems of interstate and regionalsignificance.
6. Improved utilization of human and natural resources for the advancement ofthe region as a whole.
7. Any other matters of a planning, data collection or informationalcharacter that the Board may determine to be of value to the party states.
Article IV.
Avoidance of Duplication.
A. To avoid duplication of effort and in the interest of economy, the Boardshall make use of existing studies, surveys, plans and data and othermaterials in the possession of the governmental agencies of the party statesand their respective subdivisions or in the possession of other interstateagencies. Each such agency, within available appropriations and if notexpressly prevented or limited by law, is hereby authorized to make suchmaterials available to the Board and to otherwise assist it in theperformance of its functions. At the request of the Board, each such agencyis further authorized to provide information regarding plans and programsaffecting the region, or any subarea thereof, so that the Board may haveavailable to it current information with respect thereto.
B. The Board shall use qualified public and private agencies to makeinvestigations and conduct research, but if it is unable to secure theundertaking of such investigations or original research by a qualified publicor private agency, it shall have the power to make its own investigations andconduct its own research. The Board may make contracts with any public orprivate agencies or private persons or entities for the undertaking of suchinvestigations or original research within its purview.
C. In general, the policy of paragraph B shall apply to the activities of theBoard relating to its Statement of Regional Objectives, but nothing hereinshall be construed to require the Board to rely on the services of otherpersons or agencies in developing the Statement of Regional Objectives or anyamendment, supplement or revision thereof.
Article V.
Advisory Committees.
The Board shall establish a Local Governments Advisory Committee. Inaddition, the Board may establish advisory committees representative ofsubregions of the South, civic and community interests, industry,agriculture, labor or other categories or any combinations thereof. Unlessthe laws of a party state contain a contrary requirement, any public officialof the party state or a subdivision thereof may serve on an advisorycommittee established pursuant hereto and such service may be considered as aduty of his regular office or employment.
Article VI.
Internal Management of the Board.
A. The members of the Board shall be entitled to one vote each. No action ofthe Board shall be binding unless taken at a meeting at which a majority ofthe total number of votes on the Board are cast in favor thereof. Action ofthe Board shall be only at a meeting at which a majority of the members ortheir alternates are present. The Board shall meet at least once a year. Inits bylaws, and subject to such directions and limitations as may becontained therein, the Board may delegate the exercise of any of its powersrelating to internal administration and management to an Executive Committeeor the Executive Director. In no event shall any such delegation includefinal approval of:
1. A budget or appropriation request.
2. The Statement of Regional Objectives or any amendment, supplement orrevision thereof.
3. Official comments on or recommendations with respect to projects ofinterstate or regional significance.
4. The annual report.
B. To assist in the expeditious conduct of its business when the full Boardis not meeting, the Board shall elect an Executive Committee of not to exceedseventeen members, including at least one member from each party state. TheExecutive Committee, subject to the provisions of this agreement andconsistent with the policies of the Board, shall be constituted and functionas provided in the bylaws of the Board. One-half of the membership of theExecutive Committee shall consist of governors, and the remainder shallconsist of other members of the Board, except that at any time when there isan odd number of members on the Executive Committee, the number of governorsshall be one less than half of the total membership. The members of theExecutive Committee shall serve for terms of two years, except that memberselected to the first Executive Committee shall be elected as follows: oneless than half of the membership for two years and the remainder for oneyear. The Chairman, Chairman-Elect, Vice-Chairman and Treasurer of the Boardshall be members of the Executive Committee and anything in this paragraph tothe contrary notwithstanding shall serve during their continuance in theseoffices. Vacancies in the Executive Committee shall not affect its authorityto act, but the Board at its next regularly ensuing meeting following theoccurrence of any vacancy shall fill it for the unexpired term.
C. The Board shall have a seal.
D. The Board shall elect, from among its members, a Chairman, aChairman-Elect, a Vice-Chairman and a Treasurer. Elections shall be annual.The Chairman-Elect shall succeed to the office of Chairman for the yearfollowing his service as Chairman-Elect. For purposes of the election andservice of officers of the Board, the year shall be deemed to commence at theconclusion of the annual meeting of the Board and terminate at the conclusionof the next annual meeting thereof. The Board shall provide for theappointment of an Executive Director. Such Executive Director shall serve atthe pleasure of the Board, and together with the Treasurer and such otherpersonnel as the Board may deem appropriate shall be bonded in such amountsas the Board shall determine. The Executive Director shall be Secretary.
E. The Executive Director, subject to the policy set forth in this agreementand any applicable directions given by the Board, may make contracts onbehalf of the Board.
F. Irrespective of the civil service, personnel or other merit system laws ofany of the party states, the Executive Director, subject to the approval ofthe Board, shall appoint, remove or discharge such personnel as may benecessary for the performance of the functions of the Board, and shall fixthe duties and compensation of such personnel. The Board in its bylaws shallprovide for the personnel policies and programs of the Board.
G. The Board may borrow, accept or contract for the services of personnelfrom any party jurisdiction, the United States, or any subdivision or agencyof the aforementioned governments, or from any agency of two or more of theparty jurisdictions or their subdivisions.
H. The Board may accept for any of its purposes and functions under thisagreement any and all donations, and grants of money, equipment, supplies,materials and services, conditional or otherwise, from any state, the UnitedStates, or any other governmental agency, or from any person, firm,association, foundation, or corporation, and may receive, utilize and disposeof the same. Any donation or grant accepted by the Board pursuant to thisparagraph or services borrowed pursuant to paragraph G of this article shallbe reported in the annual report of the Board. Such report shall include thenature, amount and conditions, if any, of the donation, grant, or servicesborrowed, and the identity of the donor or lender.
I. The Board may establish and maintain such facilities as may be necessaryfor the transacting of its business. The Board may acquire, hold, and conveyreal and personal property and any interest therein.
J. The Board shall adopt bylaws for the conduct of its business and shallhave the power to amend and rescind these bylaws. The Board shall publish itsbylaws in convenient form and shall file a copy thereof and a copy of anyamendment thereto, with the appropriate agency or officer in each of theparty states.
K. The Board annually shall make to the governor and legislature of eachparty state a report covering the activities of the Board for the precedingyear. The Board at any time may make such additional reports and transmitsuch studies as it may deem desirable.
L. The Board may do any other or additional things appropriate to implementpowers conferred upon it by this agreement.
Article VII.
Finance.
A. The Board shall advise the governor or designated officer or officers ofeach party state of its budget of estimated expenditures for such period asmay be required by the laws of that party state. Each of the Board's budgetsof estimated expenditures shall contain specific recommendations of theamount or amounts to be appropriated by each of the party states.
B. The total amount of appropriation requests under any budget shall beapportioned among the party states. Such apportionment shall be in accordancewith the following formula:
1. One third in equal shares,
2. One third in the proportion that the population of a party state bears tothe population of all party states, and
3. One third in the proportion that the per capita income in a party statebears to the per capita income in all party states.
In implementing this formula, the Board shall employ the most recentauthoritative sources of information and shall specify the sources used.
C. The Board shall not pledge the credit of any party state. The Board maymeet any of its obligations in whole or in part with funds available to itpursuant to Article VI (h) of this agreement, provided that the Board takesspecific action setting aside such funds prior to incurring an obligation tobe met in whole or in part in such manner. Except where the Board makes useof funds available to it pursuant to Article VI H, or borrows pursuant tothis paragraph, the Board shall not incur any obligation prior to theallotment of funds by the party states adequate to meet the same. The Boardmay 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 aparty state.
D. The Board shall keep accurate accounts of all receipts and disbursements.The receipts and disbursements of the Board shall be subject to the audit andaccounting procedures established by its bylaws. However, all receipts anddisbursements of funds handled by the Board shall be audited yearly by acertified or licensed public accountant, and the report of the audit shall beincluded in and become part of the annual report of the Board.
E. The accounts of the Board shall be open at any reasonable time forinspection by duly constituted officers of the party states and by anypersons authorized by the Board.
F. Nothing contained herein shall be construed to prevent Board compliancewith laws relating to audit or inspection of accounts by or on behalf of anygovernment 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 jointplanning undertakings with the federal government, and any appropriate agencyor agencies thereof, or with any interstate agency or agencies. Suchparticipation shall be at the instance of the governor or in such manner asstate law may provide or authorize. The Board may facilitate the work ofstate representatives in any joint interstate or cooperative federal-stateundertaking authorized by this article, and each such state shall keep theBoard advised of its activities in respect of such undertakings, to theextent that they have interstate or regional significance.
Article IX.
Subregional Activities.
The Board may undertake studies or investigations centering on the problemsof one or more selected subareas within the region; provided that in itsjudgment, such studies or investigations will have value as demonstrationsfor similar or other areas within the region. If a study or investigationthat 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 itis not justified in undertaking the work for its regional value as ademonstration, the Board may undertake the study or investigation as aspecial project. In any such event, it shall be a condition precedent thatsatisfactory financing and personnel arrangements be concluded to assure thatthe party or parties benefited bear all costs which the Board determines thatit would be inequitable for it to assume. Prior to undertaking any study orinvestigation pursuant to this article as a special project, the Board shallmake reasonable efforts to secure the undertaking of the work by anotherresponsible public or private entity in accordance with the policy set forthin Article IV B.
Article X.
Comprehensive Land Use Planning.
If any two or more contiguous party states desire to prepare a single orconsolidated comprehensive land use plan, or a land use plan for anyinterstate area lying partly within each such state, the governors of thestates involved may designate the Board as their joint agency for thepurpose. The Board shall accept such designation and carry out suchresponsibility; provided that the states involved make arrangementssatisfactory to the Board to reimburse it or otherwise provide the resourceswith which the land use plan is to be prepared. Nothing contained in thisarticle shall be construed to deny the availability for use in thepreparation of any such plan of data and information already in thepossession of the Board or to require payment on account of the use thereofin addition to payments otherwise required to be made pursuant to otherprovisions of this agreement.
Article XI.
Compacts and Agencies Unaffected.
Nothing in this agreement shall be construed to:
1. Affect the powers or jurisdiction of any agency of a party state or anysubdivision thereof.
2. Affect the rights or obligations of any governmental units, agencies orofficials, or of any private persons or entities conferred or imposed by anyinterstate or interstate-federal compacts to which any one or more statesparticipating herein are parties.
3. Impinge on the jurisdiction of any existing interstate-federal mechanismfor regional planning or development.
Article XII.
Eligible Parties; Entry Into and Withdrawal.
A. 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 and West Virginia, the Commonwealth of Puerto Rico and theTerritory of the Virgin Islands, hereinafter referred to as party states.
B. Any eligible state may enter into this agreement and it shall becomebinding thereon when it has adopted the same; provided that in order to enterinto initial effect, adoption by at least five states shall be required.
C. Adoption of the agreement may be either by enactment thereof or byadherence thereto by the governor; provided that in the absence of enactment,adherence by the governor shall be sufficient to make his state a party onlyuntil December 31, 1973. During any period when a state is participating inthis agreement through gubernatorial action, the governor may provide to theBoard an equitable share of the financial support of the Board from anysource available to him. Nothing in this paragraph shall be construed torequire a governor to take action contrary to the constitution or laws of hisstate.
D. Except for a withdrawal effective on December 31, 1973, in accordance withparagraph C of this article, any party state may withdraw from this agreementby enacting a statute repealing the same, but no such withdrawal shall takeeffect until one year after the governor of the withdrawing state has givennotice in writing of the withdrawal to the governors of all other partystates. No withdrawal shall affect any liability already incurred by orchargeable 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 purposesthereof. The provisions of this agreement shall be severable and if anyphrase, clause, sentence or provision of this agreement is declared to becontrary to the constitution of any state or of the United States, or theapplication thereof to any government, agency, person, or circumstance isheld invalid, the validity of the remainder of this agreement and theapplicability thereof to any government, agency, person or circumstance shallnot be affected thereby. If this agreement shall be held contrary to theconstitution of any state participating therein, the agreement shall remainin full force and effect as to the state affected as to all severable matters.
(1973, c. 263, § 2.1-339.1; 1979, c. 633; 2001, c. 844.)