CHAPTER 223

An Act to amend and reenact §§ 2.1-88, as amended, 2.1-51.2, 2.1-64 as
amended and 55-297 as amended, of the Code of Virginia, relating to
Divisions in the Governor’s office, supervision by the Commissioner of
Administration, the Division of Industrial Development, and the D+-
vision of Planning; to amend the Code of Virginia by adding in Title
2.1 thereof a chapter numbered 6.1 containing sections numbered
2.1-68.1 through 2.1-68.8, relating to the Division of State Planning
and Community Affairs, its powers and duties, including studies and
services relating to State-wide planning, Planning Districts and Service
Districts, establishing boundaries of Virginia Standard Metropolitan
Statistical areas, and charges for planning services; and to repeal
8§ 2.1-64.1 through 2.1-64.8, relating to the Director of Planning and
charges for planning services.

[H 545]

Approved March 13, 1968

Be it enacted by the General Assembly of Virginia:

1. That §§ 2.1-38 as amended, 2.1-52.1, 2.1-64 as amended, and 55-297
as amended, be amended and reenacted, and that the Code of Virginia be
amended by adding in Title 2.1 thereof a chapter numbered 6.1, containing
sections numbered 2.1-63.1 through 2.1-63.7, as follows:

2.1-88. Divisions in Governor’s office; administrative assistants.—
In the Governor’s office there shall be the following divisions: Division of
the Budget, Division of Records, Division of Industrial Development,
Division of Personnel, Division of State Planning and Community Affairs,
Division of Engineering and Buildings, and an office of Economic Oppor-
tunity. In addition thereto, the Governor may employ such administrative
assistants as may be necessary and may fix their salaries within the limita-
tion of funds appropriated for executive control of the State.

§ 2.1-51.2. Same; powers and duties—The Commissioner of Ad-
ministration shall supervise the Division of the Budget, the Division of
Personnel, the Division of State Planning and Community Affairs and the
Division of Engineering and Buildings and shall coordinate their activities
with those of other divisions and agencies; all reports to the Governor
from the directors of these divisions shall be made through the Commis-
sioner. In addition, the Commissioner shall exercise such powers and
perform such duties as may be delegated to him by the Governor to execute
the management functions of the Governor. All State agencies shall make
available to the Commissioner any information, when requested by him,
which they are required by law to provide to the Governor. The Commis-
sioner shall be responsible only to the Governor.

§ 2.1-64. Division of Industrial] Development under supervision of
Governor; appointment, term and compensation of Director; Advisory
Board; State’s program of industrial development; acceptance of grants
and other assistance; expenditure of funds.—The Division of Industrial
Development and Planning, heretofore established and hereinafter referred
to as Division, is redesignated the Division of Industrial Development and
shall be under the supervision and direction of the Governor. The Governor
shall appoint a Director of the Division who shall hold his position at the
pleasure of the Governor, and who shall be paid such compensation as the
Governor may fix. The Governor shall also appoint an Advisory Board
consisting of eleven members. The Director shall be an ex officio member
of the Board. The members of the Advisory Board shall be appointed
initially as follows: Three members for terms of two years, four members
for terms of three years and four members for terms of four years, and
thereafter all members shall be appointed for terms of four years. The
appointments to membership on the Advisory Board shall be subject to
confirmation by the General Assembly, if in session, and, if not, then at the
succeeding session. Vacancies on the Advisory Board shall be filled for the
unexpired term, subject to confirmation as original appointees.
The members of the Advisory Board shall receive no salaries but shall
be paid their necessary traveling and other expenses incurred in attendance
upon meetings, or while otherwise engaged in the discharge of their duties.

The Division, under the supervision and direction of the Governor,
is charged with the responsibilities for carrying out the State’s program
in the field of industrial development including specifically the duty to
(a) see that there is prepared and carried out an effective industrial ad-
vertising and promotional program and respond to inquiries resulting from
the advertising program for new industries and received from other
sources; (b) make available, in conjunction and cooperation with localities,
chambers of commerce, and other private or public groups to prospective
new industries basic information regarding industrial sites, natural re-
sources and labor supply, and other pertinent factors of interest and
concern to such industries; (c) formulate, promulgate and advance pro-
grams throughout the State for the purpose of encouraging the location
of new industries in the State and the expansion of existing industries; in
general, to encourage, stimulate and support the industrial development
and the expansion of the economy of the Commonwealth.

The Division of Industrial Development * is authorized to apply for
and accept and utilize grants and other assistance from any governmental
agency or department, and from any public or private foundation, fund
or trust, to contract with such governmental agency or department and
any other public or private sources, to receive advances or progress pay-
ments, to contract with public agencies and political subdivisions, and to
Bkercine all other powers necessary to carry out the purposes of this
chapter.

The Governor shall have control of the expenditure of any funds ap-
propriated for the industria] advertising and promotional program admin-
istered under the provisions of this section.

CHAPTER 6.1

Division of State Planning and Community Affairs

§ 2.1-63.1. (a) The Division of State Planning and Community
Affairs provided for in § 2.1-88 shall be under the supervision and direction
of the Governor, acting through the Commissioner of Administration.

(6b) The Governor shall appoint a Director of the Division of State
Planning and Community Affairs, who shall be a fully qualified, expert-
enced planner, who shall hold his position at the pleasure of the Governor
and who shall be paid such compensation as the Governor may fiz.

(c) The Director, under the direction and control of the Governor,
acting through the Commissioner of Administration, shall exercise such
powers and perform such duties as are conferred by law upon him, and
he shall perform such other duties as may be required of him by the Gov-
ernor and the Commissioner of Administration.

§ 2.1-68.2. The Division shall have the following general powers:

(a) To employ such personnel as may be required to carry out the
purposes of this chapter.

(b) To make and enter into all contracts and agreements necessary
or incidental to the performance of its duties and the execution of its
powers under this act, including, but not limited to, contracts with the
United States, other states, agencies and governmental subdivisions of
Virginia.

(c) Toaccept grants from the United States Government and agen-
cies and instrumentalities thereof and any other source. To these ends,
the Division shall have the power to comply with such conditions and exe-
cute such agreements as may be necessary, convenient or desirable.

(d) Todoall acts necessary or convenient to carry out the purposes
of this chapter and Chapters 34 and 85 of Title 15.1.
§ 2.1-68.8. The Division shall have the following duties with respect

tate planning:

(a) Basic State-wide planning, to include:

(1) Encouraging, assisting and coordinating the planning efforts of
State agencies, governmental subdivisions and geographical
regions.

(2) Coordinating and developing a planning process for the economic,
social, and physical needs of the Commonwealth and its political
subdivisions.

(3) Developing a master plan for the State, incorporating projections
and developments pertaining to population, transportation, com-
merce, agriculture, resources and land use; the master plan to
represent the coordinated efforts and results of all partictpating
planning groups.

(4) Making long- and short-range economic analyses and projections
to anticipate future possibilities in developing various areas of
the economy, such analyses and projections to assist in determin-
ing future sources of revenue and evaluating the efforts of cur-
rent and proposed tax policies.

(5) Maintaining liaison with the appropriate agencies of the federal
government for the purpose of keeping the Governor and State
anencies informed as to their plans, programs and policies.

(b) Internal planning of State agencies:

(1) Assisting agencies in expressing their internal long-range plans
in common terms so they may be translated into consistent goals
and objectives that may, in turn, serve as the basis for budgetary
request justifications.

(2) Reviewing, codifying, consolidating, publishing and distributing
the long-range plans of State agencies.

(8) Furnishing State agencies with professional assistance in making
special economic, resource or other types of studies, including
the preparation of reports on such studies.

(c) Cooperative and joint efforts in planning:

(1) Participating in or arranging for the participation of others in
interstate, regional or federal planning activities, as required.

(2) Cooperating with and utilizing the services of academic or
private, nonprofit organizations active in the same or related fields
of planning as the Division.

(d) Activities related to planning:

Constantly reviewing and analyzing the organizations and programs

1e State’s interagency operations in order to recommend simplification

never practical.

§ 2.1-68.4. The Division shall have the following duties with respect

mmunity affairs:

(a) Collecting from the governmental subdivisions of the State in-

ration relevant to boundary changes, changes of forms and status of

rnment, intergovernmental agreements and arrangements, and such

r information as it may deem necessary.

(b) Making information available to Planning District Commissions,

ice Districts and governmental subdivisions of the State.

(c) Providing professional and technical assistance to any planning

cy and to any Planning District Commission, Service District, and

rnmental subdivision engaged in the preparation of a Service District

, or consolidation agreement. The Division may provide professional

technical assistance to political subdivisions of the State.

§ 2.1-68.5. (a) As soon as practical after July 1, 1968, the Dt-

n of State Planning and Community Affairs shall undertake the

1es and surveys necessary for it to make a State-wide District Plan for
the grouping of governmental subdivisions of the State into Planning Dis-
tricts. Planning Districts shall be composed of any combination of govern-
mental subdivisions, provided that there are at least two counties, or two
cities, or one county and one city. If any part of a county, city or town is
included in a Planning District, the entire county, city or town shall be
included in such District.

(b) The Division of State Planning and Community Affairs shall
propose the boundaries of Planning Districts in such manner that, by
December 31, 1969, each of the governmental subdivisions of the State shall
fall within the boundaries of a Planning District.

(c) In conducting the studies and surveys above provided for, the
Division of State Planning and Community Affairs shall consult with such
of the governing bodies of the governmental subdivisions within and ad-
joining a proposed Planning District and shall hold such public and other
hearings upon such notice as it may deem advisable; provided at least one
public hearing shall be held in each proposed Planning District.

(d) The determination of the governmental subdivisions to be in-
cluded in a Planning District shall be based upon the community of interest
among the governmental subdivisions, the ease of communications and
transportation, geographic factors and natural boundaries, and the appro-
priateness of the boundaries of the Planning District to the provision of
services and performance of governmental functions in the area by a
Service District. In making such determination, the Division may also
give consideration to the wishes of a governmental subdivision within
or surrounding a proposed Planning District, as expressed by resolution
of its governing body.

(e) Upon completion of the State-wide District Plan, the Division of
State Planning and Community Affairs shall so notify the governing body
of each governmental subdivision of the State and advise such governing
body of the designation assigned to the Planning District in which such
governmental subdivision is included.

§ 2.1-68.6. The Division of State Planning and Community Affairs
shall make studies and surveys of the boundaries of Planning Districts on
a continuing basis and, from time to time, shall make such changes as
it deems advisable for the adjustment of the boundaries of the Planning
Districts based upon the same factors as the original proposal of such
boundaries, as the same shall have been affected by changing conditions.

§ 2.1-68.7. The Director, with the approval of the Governor, is au-
thorized to fix and collect charges for requested planning services rendered
counties, cities and towns by the Division. All such funds so collected shall
be paid into the general fund of the State treasury, provided, however, that
any such charges made for maps, photographs, plats or other prints or
copies shall be based upon the actual cost of materials only used in produc-
ing the same, and the funds received therefrom shall be deposited in the
State treasury to the credit of the Division and may be expended for the
replacement of such materials so used.

§ 2.1-68.8. (a) The Division of State Planning and Community
Affairs shall establish the boundaries of Virginia Standard Metropolitan
Statistical Areas within the State.

(6) Each Virginia Standard Metropolitan Statistical Area must
include at least

(1) one city, with population in excess of 50,000, or

(2) two cities having contiguous boundaries and constituting for

general economic and social purposes, a single community, with
a combined population in excess of 50,000 the smaller of which
must have a population in excess of 15,000.

If two or more cities, with a population in excess of 50,000, are within

twenty miles of each other, they should be included in the same area unless
there is definite evidence that the two cities are not economically and
socially integrated.

(c) Atleast seventy-five per cent of the labor force of the area must
be in the non-agricultural labor force.

(d) Each governmental subdivision to be included within a Virginia
Standard Metropolitan Statistical Area must meet at least one of the fol-
lowing conditions:

(1) It must have fifty per cent or more of its population living in a
contiguous area, having a density of a least 150 persons per square
mile, which area must adjoin a central city in the Standard Metro-
politan Statistical Area.

(2) The number of non-agricultural workers employed in a govern-
mental subdivision other than the central city must equal at least
ten per cent of the number of non-agricultural workers employed
in the central city, or such governmental subdivision must be the
place of employment of at least 10,000 non-agricultural workers.

(8) The non-agricultural force living in the governmental subdivision
other than the central city must equal at least ten per cent of the
number of the non-agricultural labor force living in the central
city, or such governmental subdivision must be the place of rest-
dence of a non-agricultural labor force of at least 10,000.

(e) A governmental subdivision other than the central city is re-

garded as being integrated with the central city if

(1) fifteen per cent of the workers living in the governmental sub-
division other than the city work in the central city, or

(2) twenty-five per cent of those working in the governmental sub-
division other than the central city live in the central city.

(f) In defining the Virginia Standard Metropolitan Statistical Area
for the State, the Division shall, so far as 1s practical, coordinate the names
and boundaries of such areas with Standard Metropolitan Statistical Areas
established by the Bureau of the Budget of the United States.

(g) The Division shall review the Virginia Standard Metropolitan
Statistical Areas established by it on a continuing basis and, from time
to time as it deems advisable, modify the boundaries of such Areas and
establish such new Areas as are deemed appropriate.

§ 55-297. Division of State Planning and Community Affairs desig-
nated as administrative agency.—The Division of State Planning and
Community Affairs is herewith designated as the authorized State agency
to collect and distribute information, to authorize such modifications as
are referred to in § 55-294, and generally to advise with and assist ap-
propriate State and federal agencies and individuals interested in the
development of the provisions of this chapter.

2. That §§ 2.1-64.1 through 2.1-64.3 of the Code of Virginia are repealed.