§ 136-200.2. Decennial review of metropolitan planning organization boundaries, structure, and governance.
§136‑200.2. Decennial review of metropolitan planning organizationboundaries, structure, and governance.
(a) Evaluation. Following each decennial census, and more frequently if requested by anindividual metropolitan planning organization, the Governor and the Secretaryof Transportation, in cooperation with the affected metropolitan planningorganization or organizations, shall initiate an evaluation of the boundaries,structure, and governance of each metropolitan planning organization in theState. The goal of the evaluation shall be to examine the need for and to makerecommendations for adjustments to metropolitan planning organizationboundaries, structure, or governance in order to ensure compliance with theobjectives of 23 U.S.C. § 134. The Secretary shall submit a report of theevaluation process to the Governor and to the Joint Legislative TransportationOversight Committee.
(b) Factors forEvaluation. The evaluation of the area, structure, and governance of eachmetropolitan planning organization shall include all of the following factors:
(1) Existing andprojected future commuting and travel patterns and urban growth projections.
(2) Integration ofplanning with existing regional transportation facilities, such as airports,seaports, and major interstate and intrastate road and rail facilities.
(3) Conformity with andsupport for existing or proposed regional transit and mass transportationprograms and initiatives.
(4) Boundaries ofexisting or proposed federally designated air quality nonattainment areas orair‑quality management regions.
(5) MetropolitanStatistical Area boundaries.
(6) Existing or proposedcooperative regional planning structures.
(7) Administrativeefficiency, availability of resources, and complexity of management.
(8) Feasibility of thecreation of interstate metropolitan planning organizations.
(9) Governancestructures, as provided in subsection (c) of this section.
(c) MetropolitanPlanning Organization Structures. The Governor and Secretary ofTransportation, in cooperation with existing metropolitan planningorganizations and local elected officials, may consider the following changesto the structure of existing metropolitan planning organizations:
(1) Expansion ofexisting metropolitan planning organization boundaries to include areasspecified in 23 U.S.C. § 134(c).
(2) Consolidation ofexisting contiguous metropolitan planning organizations in accordance with theredesignation procedure specified in 23 U.S.C. § 134(b).
(3) Creation ofmetropolitan planning organization subcommittees with responsibility formatters that affect a limited number of constituent jurisdictions, as specifiedin a memorandum of understanding redesignating a metropolitan planningorganization in accordance with the provisions of 23 U.S.C. § 134.
(4) Formation of jointcommittees or working groups among contiguous nonconsolidated metropolitanplanning organizations, with such powers and responsibilities as may bedelegated to such joint committees pursuant to their respective memoranda ofunderstanding.
(5) Creation ofinterstate compacts pursuant to 23 U.S.C. § 134(d) to address coordination ofplanning among metropolitan planning organizations located in this State andcontiguous metropolitan planning organizations located in adjoining states.
(6) Delegation by thegoverning board of a metropolitan planning organization of part or all of itsresponsibilities to a regional transportation authority created under Article27 of Chapter 160A of the General Statutes, if the regional transportationauthority is eligible to exercise that authority under 23 U.S.C. § 134.
(d) Optional GovernanceProvisions. In addition to any other provisions permitted or requiredpursuant to 23 U.S.C. § 134, the memorandum of understanding, creating,enlarging, modifying, or restructuring a metropolitan planning organization mayalso include any of the following provisions relating to governance:
(1) Distribution ofvoting power among the constituent counties, municipal corporations, and otherparticipating organizations on a basis or bases other than population.
(2) Membership andrepresentation of regional transit or transportation authorities or otherregional organizations in addition to membership of counties and municipalcorporations.
(3) Requirements for weightedvoting or supermajority voting on some or all issues.
(4) Provisionsauthorizing or requiring the delegation of certain decisions or approvals toless than the full‑voting membership of the metropolitan planningorganization in matters that affect only a limited number of constituentjurisdictions.
(5) Requirements forrotation and sharing of officer positions and committee chair positions inorder to protect against concentration of authority within the metropolitanplanning organization.
(6) Any other provisionagreed to by the requisite majority of jurisdictions constituting themetropolitan planning organization.
(e) Effect ofEvaluation. Upon completion of the evaluation required under this section, ametropolitan planning organization may be restructured in accordance with theprocedure contained in 23 U.S.C. § 134(b)(5).
(f) Assistance. TheDepartment may provide staff assistance to metropolitan planning organizationsin existence prior to January 1, 2001, that are considering consolidation on orafter January 1, 2001. In addition, the Department may provide fundingassistance to metropolitan planning organizations considering consolidation,upon receipt of a letter of intent from jurisdictions representing seventy‑fivepercent (75%) of the affected population, including the central city, in eachmetropolitan planning organization considering consolidation. (2000‑80,s. 5.)