Bill Text: IN HB1367 | 2011 | Regular Session | Amended
Bill Title: Metropolitan planning organizations.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2011-03-03 - Senator Wyss added as second sponsor [HB1367 Detail]
Download: Indiana-2011-HB1367-Amended.html
Citations Affected: IC 36-7.
Synopsis: Metropolitan planning organizations. Establishes eligibility
requirements for election to the policy board (board) of a metropolitan
planning organization. Requires a board to: (1) develop and publish an
annual completion report; (2) develop a participation plan; (3) develop
an annual listing of obligated projects; and (4) biennially review and
update its written operating agreement. Establishes the policy board
review panel (panel). Requires a board to submit an annual progress
report to the panel for review and recommendation to the governor.
Authorizes the governor, upon a finding of noncompliance by the
panel, to impose certain penalties. Requires the northwest Indiana
regional planning commission (commission) to amend its bylaws.
Repeals the following provisions concerning the commission: (1)
Appointment of members. (2) Qualifications for membership. (3)
Election of commission officers. (4) Meetings. (5) Voting. (6) Election
of executive board. (7) Appointment of executive director. (8) Petition
by county to block program. (9) Appointment of advisory committees.
Effective: July 1, 2011.
January 18, 2011, read first time and referred to Committee on Roads and Transportation.
February 14, 2011, amended, reported _ Do Pass.
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A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
(b) If the commission is designated a metropolitan planning organization, the commission shall comply with:
(1) applicable federal law governing metropolitan planning organizations; and
(2) IC 36-7-7.8.
Not later than January 1, 2012, the commission shall evaluate the commission's bylaws and determine if the bylaws require amendments to comply with this subsection.
exempt itself under section 15 of this chapter. The commission shall
provide an annual report of its activities to the legislative bodies of the
counties and municipalities in the region.
Chapter 7.8. Policy Boards
Sec. 1. As used in this chapter, "general board" refers to the members of a metropolitan planning organization designated in an agreement entered into between the governor and the applicable units of general purpose local government under 23 CFR 450.310(b).
Sec. 2. As used in this chapter, "metropolitan planning organization" has the meaning set forth in 23 U.S.C. 134(b) and 49 U.S.C. 5303(b).
Sec. 3. As used in this chapter, "policy board" refers to a policy board elected under section 6 of this chapter.
Sec. 4. As used in this chapter, "review panel" refers to the policy board review panel established by section 12 of this chapter.
Sec. 5. This chapter applies to metropolitan planning organizations that serve urbanized areas in Indiana. However, if a metropolitan planning organization serves urbanized areas located in more than one (1) state, this chapter applies to the metropolitan planning organization only with respect to the urbanized area in Indiana.
Sec. 6. (a) A metropolitan planning organization shall elect from among its eligible members, as determined under subsection (c), by the affirmative votes of a majority of the members of the metropolitan planning organization, a policy board that:
(1) consists of not more than eighteen (18) members; and
(2) to the extent possible, represents seventy-five percent (75%) of the affected population in the urbanized area served by the metropolitan planning organization.
(b) Subsection (a)(1) does not apply to a metropolitan planning organization:
(1) that serves an urbanized area with population greater than thirty-three percent (33%) of the population of the state of Indiana; or
(2) that:
(A) serves urbanized areas located in more than one (1) state; and
(B) is organized and incorporated in a state other than
Indiana.
(c) To be eligible for election to a policy board under subsection
(a), a member of a metropolitan planning organization must:
(1) satisfy all requirements established by federal law; and
(2) have professional experience in at least one (1) of the
following areas:
(A) Engineering.
(B) Transportation planning.
(C) Economic development.
(D) Public financial management.
(E) Transportation project management.
An individual who is an executive (as defined in IC 36-1-2-5) is
considered to have the required professional experience under
subdivision (2)(C) or (2)(D).
(d) The policy board shall serve as the decision making body of
the metropolitan planning organization.
(e) If a vacancy occurs in a position on the policy board, a
successor shall be elected from among the members in the same
manner as the member whose position has been vacated.
Sec. 7. (a) Members of a metropolitan planning organization
who are not elected to the policy board of the metropolitan
planning organization under section 6 of this chapter shall serve as
members of the general board of the metropolitan planning
organization.
(b) The bylaws of the metropolitan planning organization must
establish the working relationship between the policy board and
the general board, including:
(1) areas of responsibility under applicable federal laws and
regulations; and
(2) decision making abilities.
Sec. 8. Beginning July 1, 2012, and not later than July 1 of each
year thereafter, the policy board shall develop and publish a
statement of work that complies with 23 CFR 450.308 and contains
the following:
(1) A listing and description of major work areas and
categories.
(2) A comprehensive budget, listing of revenue sources, cost
allocation plan, and anticipated cash flow for the overall work
plan.
(3) A listing of planned work elements (planning projects) that
includes the following with respect to each element:
(A) A summary.
(B) A listing of deliverables, including:
(i) anticipated outcomes;
(ii) resulting action items; and
(iii) performance measures for continued implementation and monitoring.
(C) A development and implementation schedule.
(D) A budget.
(E) Application of at least one (1) planning factor set forth in 23 CFR 450.306(a).
Sec. 9. (a) Beginning September 1, 2012, and not later than September 1 of each year thereafter, the policy board shall publish on the metropolitan planning organization's Internet web site and submit to the review panel an annual completion report that contains the following information from the preceding state fiscal year:
(1) Planned work elements (planning projects).
(2) Work elements actually completed during the preceding calendar year.
(3) A summary of deliverables for each work element listed under subdivision (1) or (2).
(4) The final cost of each work element listed under subdivision (2) with a comparison to the amount budgeted for the work element.
(5) A summary of deliverables for each work element listed under subdivision (1) or (2).
(6) Progress on action items for each work element listed under subdivision (1) or (2).
(7) A summary report of:
(A) the performance measure used during the development and implementation of each work element listed in subdivision (1) and (2); and
(B) any performance measures used as a result of completed work elements listed in subdivision (2).
(8) An updated summary report of performance measures listed in a summary report previously submitted under subdivision (7).
(9) A review of all air quality analyses, the uses of the congestion management process, and any mitigation measures that were enacted.
(10) An update on the policy board's anticipated metropolitan transportation plan and transportation improvement program, including development and adoption schedules.
(11) Progress and updates on any studies or reports completed by the metropolitan planning organization.
(12) A copy of the policy board's participation plan developed under section 10 of this chapter.
(13) A description of any support and assistance provided to local public agencies in the development of asset management systems and sound practices.
(b) A metropolitan planning organization, through its policy and general boards, shall provide assistance to local public agencies within the metropolitan planning organization in developing and maintaining asset management practices.
Sec. 10. The policy board shall develop a participation plan in consultation with interested parties to provide the interested parties reasonable opportunity to comment on issues before the policy board. The participation plan must provide for streamlined communications among the policy board, the general board, the metropolitan planning organization, elected officials, the Indiana department of transportation, the Federal Highway Administration, and other interested stakeholders.
Sec. 11. Beginning October 1, 2011, and not later than October 1 of each odd numbered year thereafter, the policy board, in coordination with the Indiana department of transportation and other affected transit operators, shall review and update the written agreement required under 23 CFR 450.314 to determine the agreement's:
(1) conformity with applicable federal and state statutes; and
(2) inclusion of best planning practices.
Sec. 12. (a) The policy board review panel is established. The review panel consists of the following five (5) members:
(1) The commissioner of the Indiana department of transportation or the commissioner's designee.
(2) The director of LPA/MPO and Grants Administration of the Indiana department of transportation.
(3) Two (2) members elected from the membership of the Indiana Metropolitan Planning Organizations Council.
(4) One (1) member appointed by the governor.
A member appointed under subdivision (4) may vote only in the event of a tie.
(b) The review panel shall select a chairperson from among the members of the review panel.
(c) A member shall serve without a salary but may be reimbursed for expenses, other than travel expenses, actually
incurred in connection with the member's duties, as provided in the
state travel policies and procedures established by the Indiana
department of administration and approved by the budget agency.
Sec. 13. Not later than December 1 of each year, the review
panel shall establish a list of planning emphasis areas, including
performance measures and the use and examination of national
best practices. In establishing the list, the review panel shall
cooperate with:
(1) the policy boards;
(2) the Indiana department of transportation;
(3) the Federal Highway Administration; and
(4) the Federal Transit Administration.
Sec. 14. (a) Not later than January 15 of each year, each policy
board shall publish on the metropolitan planning organization's
Internet web site and submit to the review panel a listing of
obligated projects. The listing must provide a program delivery
status report by funding category for projects selected by the
metropolitan planning organization. The status report must
contain the following information:
(1) A description of the project.
(2) The amount listed in the metropolitan planning
organization's transportation improvement plan.
(3) The actual amount obligated for the project.
(4) The available balance of the metropolitan planning
organization's funds.
Selected projects may include the congestion mitigation and air
quality improvement (CMAQ) program, the surface transportation
program (STP), transportation enhancements (TE) activities, and
highway safety programs.
(b) Not later than January 1 of each year, the Indiana
department of transportation shall provide project obligation data
to each policy board to facilitate compliance with this section.
Sec. 15. (a) The review panel shall review an annual completion
report submitted under section 9 of this chapter. Not later than
November 15 of the year in which the completion report is
submitted, the review panel shall issue its findings to the policy
board and the governor.
(b) If the review panel issues a finding that a policy board has
failed to comply with one (1) or more requirements of this chapter,
the review panel may recommend one (1) or more of the following
penalties to the governor:
(1) Report the finding of noncompliance to, and recommend
additional review and action by, the Federal Highway
Administration.
(2) Withhold up to one hundred percent (100%) of funds that
are:
(A) in the custody of a department or agency of the state,
including the treasurer of state and the auditor of state;
and
(B) made available by the state to a metropolitan planning
organization, including to a county or unit that is a
member of the metropolitan planning organization, for
projects approved by the board of the metropolitan
planning organization.
(c) A policy board that is subject to a penalty under subsection
(b) shall:
(1) take immediate steps to remedy the noncompliance; and
(2) submit a revised completion report to the review panel for
additional review.
(d) If, after reviewing a revised completion report submitted
under subsection (c)(2), the review panel determines that a policy
board has adequately addressed the review panel's findings of
noncompliance, the review panel shall recommend that the
governor remove any penalties imposed on the policy board.
Sec. 16. A provision of this chapter that conflicts with a federal
law, rule, or regulation governing metropolitan planning
organizations is void.
Sec. 17. Not later than January 1, 2012, the parties to an
agreement that designates a metropolitan planning organization
shall amend or otherwise modify the agreement to comply with this
chapter.
; (11)HB1367.1.4. --> SECTION 4. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2011]: IC 36-7-7.6-4; IC 36-7-7.6-5; IC 36-7-7.6-6; IC 36-7-7.6-7; IC 36-7-7.6-9; IC 36-7-7.6-10; IC 36-7-7.6-11; IC 36-7-7.6-15; IC 36-7-7.6-16.
