”'“P-KWNVIRPOI -'-.r.-F.8-.§ t'I-mt' 2’!" """' o a- .I .o ‘_ o C '- Y 1 O I '. 0. ’ O O I I a J.‘ ' u f s I ' .0 ‘4 6 .‘ I .l ‘ I O t t : '- O .0 ‘ . '4 O 1 . I .. O ‘ C ~O .' 0' .5 I t I ' J I II | '.‘ l .I r) a . I .I Q 'l . O I) - o If 0 .0 d' I , I Q I C ‘- O .. O o ‘~'¥“ 51. F.’_',. ‘..‘O o o - .fl‘ r‘."‘ fl- m-.- ‘l I . I b -. : .’ A. ' .- V .0 " 0. I“ I -‘ :.- I' ‘ 0 «Ev .“ "I a- 34‘..-- :~&‘ C¢‘ é- .uth>0 ahanvrfszV~' I DO | . l o . . -1 t mm L I I ‘xvtrt3$1l‘i1i}f$tt':rt:t1111iI-\¢\:Iv‘3.t')'v"." ' '. b 034 51".}; ‘3 —— _. , '.r n...” —--'v — -d“..‘v‘ — I. .- y u -r 75h- ‘: o a v .- o . a. v r u: I'-' ... .- O ... .. '«‘O' . .. . I , . .. . '— ‘. a 'O-w '00-'— 'M' - v 0' 0 --0 --‘~ —‘—‘ - '- . ' ~' -‘ 00.; .. o a— n ‘_cw“.~ “‘7: v—‘v fl ' ' v . ' ‘ . T I ‘ o ‘ . V ‘ t 'V C c O ' I 1 a , - ‘ C . ~ ‘ ' . ' I a - . . _ ‘ 1 O -0 9 ‘ V I I V . ' C v ' . - . , ‘ 0 "v I '1 o '. o . ' I Q ~ I I c D ' . ,- _ ‘ l ' ' l v " . . - 0 I I I ' .' ' ' . ' C l 'n d. ‘ I O I ' I 0- . ' V . . I ' . . c , 0 I ' I .' a . , . ' . ‘ O . o I v . ' 3 - ' I ' ‘- . I . . . . A - . . . . ' . o o . ‘ . I o . ' ' 0 I o . . . l ~I I O . 0 I p - .1 _ o . . - . o I ' ' a o . ' ' I O ' l . . ' . o . . I '_’ ‘. v ' '. . V 0 ' " ' ‘0 O . . I' ‘ .I .. ~ .. o 9 ' o . ' 0" . ' a ' ' - ‘ I ' ’ . . ‘ ' ' o '0 _ . n v D ' I ‘ < . I I ' '3’ . . . g o ' I. .0 - . o-' - . o l . . ' U a . ' '1 ‘ ' V I a I ' _t u n . . ' a .. ° . ' . ' " I I .. ~ , . v ' | '. _ ' c O _ 1 | '— l ' ' I - I . . ' . o ' ’ I o . ' o o I . . . I . . ' ' 0 ' C IV . . ., I . ' a n o I ' ' . u' .. . I y .. I . I Thesis for the Bergman? M 0; 9.} . . ' ‘ .,_., MICHIGAN STATE-v‘IJNNERsI ' . I ‘ . i. ; j 5 i... reraHRan; ’ol'phfiGile V' ‘ ' ‘I it 19563 ~ I . 4- TLC-~19? . . l ‘ D v , - n I O Q ’ o 1 1 ‘ - . ,-- 4----O' 4 4M4- 6. -D-M r‘ v- 4 ‘ O 13% ‘ML. 4» W I 3}". -a Mr“. IHIHHIIllllllllllillillllllllllllllllllflllllllHIHIHIIII I 3 1293 10431 9482 : LIBRARY Michigan State University THE ROLE OF THE LEGISLATURE IN SHAPING STATE PLANNING‘ IN MICHIGAN, NEW JERSEY, AND TENNESSEE By GERALD RANDOLPH GILL A THESIS Submitted to the College of Social Science of Michigan State University of Agriculture and Applied Science in partial fulfillment of the requirements for the degree of MASTER IN URBAN PLANNING School of Urban Planning and Landscape Architecture 1963 ABSTRACT State planning is that part of the planning process undertaken at the state government level. Appraisals of state planning and its relation to the executive branch of state government have been made, but little attention has been given to the role of the legislative branch. This thesis examines the role the state legislature has played in shaping state planning in the past, what role the legislature might play in future state planning activities, and areas of possible future research. A study was made of the action of Michigan, New Jersey, and Tennessee legis- latures from the New Deal Era of the 1930's to the present. Statewide comprehensive planning is difficult for most state legislators to conceive. Planning is part of an increasing movement to base government operation on a sound, rational basis of planning and implementing founded upon factual data. This approach differs from and is sometimes in conflict with the political frame- work of pressures within which a majority of state legis- lators operate. The state planning function receiving most legis- lative support was that of local planning assistance. 11 This was an activity from which legislators and local constituents could see results. State planning, other than local assistance, as any state government activity is viewed by some at local levels of government as a means of state dominance. Legislators, most often identifying with their home districts, are often wary of any state policy that seemingly would reduce local authority. State planning legislation has been passed because: it was initiated through a governor who had the ability to make it easy for legislators not to oppose his pro- gram; constituents in legislative districts wanted the state to take advantage of national grant programs for planning; legislators felt the legislation would not adversely affect them or their influence. Unfavorable state planning legislation was passed when it was requested by the governor; when legislators, constituents, or pressure groups were dissatisfied with possible results, or when there was an aftermath of protest against national programs. Past studies of state planning have emphasized that the organization for planning must be an integral part of the administrative structure of state govern- ment advisory to the chief executive. These studies have failed to consider the legislative support needed at the initiation and implementation stages of planning. Only with legislative approval can a satisfactory state 111 planning agency be established. The responsibility for the final selection and determination of public policies rest with the legislature. The interest of legislatures in.state planning may be considered in three areas; enabling legislation, functions of a state planning agency, and organization of a state planning agency with special emphasis on its relation to the legislature. iv PREFACE State planning, that part of the planning process undertaken at the state government level, is essential to any state government interested in relating the activities of state departments and in developing a sense of unified effort in dealing with the physical development of the state. This thesis will examine the area where little research has been undertaken; the role the state legislature has played in shaping state planning. While written material and personal recollection do not always provide the comprehensive picture of all forces involved in a proecess such as the influence of the legislature on state planning, the author;believes that as a result of his searching and the assistance rendered by interested parties this thesis is based upon the most reliable sources of information available. Information was obtained from researching available published docu- ments, legislative journals, historical archives, personal interviews and letters to those associated with state planning in Michigan, New Jersey, and Tennessee. Legislatures have traditionally been deliberative bodies with little recorded information. Few analytical studies have been made of legislative functioning in any ' field. This tended to restrict information available. A major work is seldom the result of one mans' efforts. This document although my own work and responsibility could not have been written without the assistance and encouragement of others. Special acknowledgement is due all those with whom I corresponded and interviewed. Appreciation is expressed to the entire Urban Planning faculty of Michigan State University for their assistance not only in writing this thesis but through- out my graduate program. Special recognition is due Sanford S. Farness, my thesis advisor. The guidance and encouragement given by William C. Roman and William C. Fucik of the Planning Division, Michigan Department of Economic Expansion during my internship as technical aide helped in my choosing an aspect of state planning for greater study. vi TABLE OF CONTENTS ABSTMCT. . C . O . . . . O . O O . . O . . . . . . 11 PREFACE . . . . C . . . O O . . . O . . . O O . O C v INTRODUCTION . . L . . . . . . . . . . . . . . . . 1 CHAPTER I. THE NATIONAL PLANNING BOARD ERA: 1933 to 1939 5 Introduction The National Program . Legislative Action in Michigan Legislative Action in New Jersey Legislative Action in Tennessee Conclusion II. WORLD WAR II AND POST WAR PLANNING: THE 1940's 36 Introduction Legislative Program in Michigan Legislative Program in New Jersey Legislative Program in Tennessee Conclusion III. NEW VISTAS: 1950 TO THE PRESENT 59 Introduction Developments in Michigan Legislative Program in New Jersey Legislative Program in Tennessee Conclusion IV. ANALYSIS OF FINDINGS ' 78 'Introduction Legislative Role in State Planning Legislative Understanding Conclusion BIBLIOGRAPHY . . . . . . . . . . . . . . . . . . . . 92 vii INTRODUCTION Planning is essentially a process of understanding human needs and of influencing and shaping future policy and physical development to serve those needs most effectively. State planning is that part of the planning process undertaken at the state government level. Many agencies of state government plan but commonly each agency plans and programs that portion of the overall state program for 'which it is responsible. The highway department plans, programs, and constructs highways; the conservation department plans for state recreation areas; the state library plans facilities within the state. For purposes of this thesis, the term "state planning” refers to the conscious planning effort of the state vested in one central planning agency. This agency may be known.by varying names of which state planning commission, state planning board, and department of state planning are examples. The state planning agency is responsible for comprehensive, coordinated planning on the state level. The state government has important responsibilities for highways, education, recreation, public welfare, public _ health, forestry, water supply and use, waste disposal, stream sanitation, conservation, and a host of other activities. The problems of resource utilization and the growth and shifts of population have essentially remained state responsibilities. Each state has experienced an increase in the scope and functions of services as it attempts to alleviate these problems. The need to bring state services and functions together in a unified planning program has increased with more state activities. There is an increased amount of state planning activity being undertaken as this is written. Awareness on the part of individual states of the need for planning and increased Federal matching funds available for planning have contributed to the revitalization of state planning. As state planning begins to move into a new era, it is felt that there is a need to study state planning to determine how it can become a more integrated tool of state govern- ment. An appraisal of historical trends in state planning gives a stronger base upon which state planning can develop. Appraisals of state planning and its relation to the executive branch of state government have been made, but little attention has been given to the role of the legis- lative branch. The executive branch of state government has received increased responsibility during the past half century with the addition of administrative functions and expansion of overall state management and development programs, There- fore, much state planning activity has been centered in the executive branch. Nevertheless, the basic task of policy- making is assigned to the legislative branch. The American governmental process involves two basic functions, policy determination and policy execution. Primary responsibility for the determination of public policy rests with legislative bodies. Elected representa- tives of the people are charged with the duty of deciding courses of action to be followed by the government in serving the interests and regulating the affairs of the public. The executive branch has the task of carrying out the policy decision of the legislature. Therefore, the legislature with its duty of policy determination could be an important force in state planning. This thesis will examine the role the state legislature has played in shaping state planning in the past, what role the legislature might play in future state planning activi- ties, and areas of possible future research. Due to the rudimentary knowledge available concerning state legislature and planning activities this will be an attempt to determine the effect of legislative actions on state planning. Rather than making a broad, over-view study of legislative action in all states, a detailed study of three states; Michigan, Tennessee, and New Jersey, will be under- taken. These three states, with their varying geographic distribution and political complex, were chosen to provide a basis for comparing and contrasting state planning develop- ment. Michigan is a midwestern state with half its papu- lation centered in one metropolitan area. The state had a planning commission until 1947 and there have been recent attempts to establish a planning function at the state level. Tennessee, a state in the southeastern United States, has had a continuing state planning program begun with Federal backing through the T.V.A. project. New Jersey is a highly urbanized eastern state whose more recent support of state, regional, and local planning has been noted throughout the nation. This study embraces the time from the New Deal Era of the 1930's to the present time. In discussing the action of the three state legislatures during this time period, reference will be given to the development of state planning on a nationwide framework. Included in this study will be an investigation of the direct influence state legislatures have had on state planning activities. This will include study of state planning bills introduced in the legislature, the forces introducing them, their legislative history, some of the influences on the legislature, what was created by legis- lative action, and how it succeeded or failed. From this study of past developments the future relation of the legislature to state planning might be better determined. It is believed that this phase of internal state government relationships has not been considered in the past and in the light of current state planning efforts this is one phase of government in which study is needed. CHAPTER I THE NATIONAL PLANNING BOARD ERA: 1933 TO 1939 Introduction The term "state planning" is of comparatively recent origin. Although it was not until 1931 that the first state planning commission was established, the roots of state planning can be traced through the development of the United States. Individual states have had an inter-rivalry to attract private enterprize and business dating back to pre-Consti- tution days. During the Hamiltonian period the emphasis was on commercial expansion. In the Jeffersonian era, it shifted to agricultural and territorial expansion.1 Many states established some form of an economic development program to further their chances of individual gain. The period of territorial expansion lasted through the latter part of the Nineteenth Century. By 1890 the continental United States had been settled and for the first time in its history, the United States had no remaining frontier land. The end of the virgin land supply 1Council of State Governments, Planning Sgrxiggs for Stat Gov e , (Chicago: Council of State Governments, 1953;, p. 18. fostered the "conservation movement." State governments began to recognize the importance of conserving natural resources.2 New York Governor Alfred Smith in his address to the state legislature in 1926 stated: With the development of our great water power resources, our port facilities, and the tremendous growth of private industry, we feel the pressures of considering plans for the whole state that will relate all these activi- ties effectively to oneanother.3 Before 1933. only a few states pioneered official planning or research agencies. Among states that did, Wisconsin was first when an explorative Directorship of Regional Planning was created by a legislative act in 1929. The financial support for the effort was supplied by the state Highway Commission.4 In 1931, a statutory Wisconsin State Regional Planning Committee was established. Illinois established a state planning commission through a Senate-House Joint Resolution adopted in 1931 and a commission was then appointed. Action by each of these states was the result of a demand from within the state.5 2Ibid., p. 19. 3Steiss, Alan W., "Three Decades of State Planning," Jersey Plans, XI, No. 3 (1960), p. 9. - ADurr, John F., "State Planning and Development Agencies," State GovernmentI XX, (1947), p. 149. 5Ibid. Much of the work of these agencies was focused on the promotion of city and metropolitan planning and on assistance to local planning agencies. A large number of state departments of conservation or of natural resources were established during the 1920's and 1930's. These agencies often undertook planning as part of their development and management functions.5 The fields of economic development and state promotion also began to receive increased attention by state governments in the 1920's especially in western and southern states. Before 1933 there was apparent recognition in the states of the need for an integrated approach to problems that remained largely in the realm of state responsibility. A few pilot programs were begun, but it remained for the tremendous impetus of the national government to begin the state planning movement in nearly every state. The National Proggam The development of state planning during this era is directly related to the encouragement and aid given to the_ states by the national government. The Roosevelt adminis- tration, in its attempts to spur the nation's economy, instituted "make-work" relief and recovery programs es- tablished with the assistance of the states. The National 6Steiss, 100, gig. Planning Board was set up shortly after the Roosevelt administration took office to "cultivate and stimulate" a network of state and regional planning agencies to further the national relief and recovery programs. As the agency's functions and responsibilities were expanded its name was changed from the National Planning Board (1933-1934) to the National Resources Commission (1935- 1939) to the National Resources Planning Board (1939- 1943). The Federal concept of state planning boards was that they were, "....to make plans within the frame- work of the national program, and to carry out those phases of the Federal program which required state cooperation."7 The National Planning Board was established as a part of the Public Works Administration. The Public Works Administration made an allotment of $250,000 to the National Planning Board in November, 1933 to stimu- late state, regional, local and city plans.8 In the following month the National Planning Board prepared a circular letter to the governors of all states calling their attention to the desirability of setting up planning agencies at the state level and inviting them to call on the Public Works Administration for technical 7Steiss,Alan W., "Three Decades of State Planning,” Jersey Plans, XII, No. 3, (1960), p. 10. . 8Americag City, IVIII, (December, 1933). p. 73. consulting services to aid in carrying out the work relief program. The result of the letter was the nearly unanimous establishment Of state planning boards by 1936. In most states the governor appointed a commission to act as the state planning board until the next regular session of the state legislature at which time legislation was introduced to make planning boards a permanent part of state government. Writing in American Planning and givig Annual in 1937, Robert H. Randell reports that of the 97 state planning boards originally chartered, 39 had been made a permanent part of state government through legislative action. He lists five points as to what produced such widespread interest and support: 1. Awareness of the need for coordination of government departments. 2. State self-knowledge was lacking. 3. The national recovery program resulted in overlapping of effort. 4. State planning received press support. 5. State planning was not a new ”Federal" idea, as a few states already had state planning boards before the Federal activity.9 9Randall, Robert H., "State Planning, 1937, ”American Planning and Ciyicignnual, (Washington, D.C., 1937). P. 175-1 0. 10 While these circumstances accounted for some of the interest and support state planning received at this time, the major factor was the support, both financially and with personnel given by the national government. So long as the states received more in return than they had to give, most states continued with state planning programs. As the decade of the 30's drew to a close, there was re-examination of the state planning program. The magazine, New Republic, printed an article by Ralph B. Cooney in 1938 which questioned how successful the planning in the 30's had been. Mr. Cooney expressed the view while it looked like tremendous progress had been made in state planning, its success was due mainly to the effort of the national government. At the end of 1937, 82% of the employees of state planning boards were furnished by the Public Works Administration. He stressed the points that: 1. State planning during the 30's was mainly data gathering, iIf this material was going to mean anything, it would have to be utilized in some sort of organized program. 2, State legislation establishing state planning was a pretty weak compromise with principles upon which a genuine planning policy must stand. 11 3. Most of the state planning laws followed the same line of thought in accordance with original commitments to the national government of the need to establish state planning with Federal-paid consultants. The enabling legislation: a) Provided for a state planning board. b) (Authorized it to accept funds from agencies of the United States government. c) .Authorized it to make research studies. d) Authorized it to adopt an official master plan for the state. The legislation may be impressive until one looks at the areas of enforcement and funds. State planning boards hadfew, if any, enforcement powers. The funds used were almost entirely those of the national government for -p1anning or relief. The question was asked that since this Federal aid would not go on forever, where would state planning be then?10 The decade of the 30's saw state planning expand to 47 states due to the impetus of the national relief pro- gram. While the state planning movement has the national program to thank for its rapid acceptance, it was a case 10Gooney, Ralph Bolton, "Planning and the States," New Re ubli , IXV, (July 20, 1938), p. 296. - 12 of "too much, too fast." The state planning aid program was but one of many nationally sponsored assistance pro- grams during this decade. Most states accepted the program without knowledge of state planning. There was little knowledge among the state's executive and legis- lative branches of what state planning boards were con- cerned with other then assisting the national government to inventory and to plan public works projects in the state. By the end of the decade, some states were taking second looks at state planning. Clearly state planning, although a big immediate success, never became established as a part of state government in many of the states. ngislatixe Agtiog 1n Mighigan Michigan was one of the last states to establish a statutory state planning commission. The early planning commissions were appointed by the governor under provisions of a special act. Legislative support in the form of appropriations was inconsistent. At the end of the era lack of appropriations caused the dismissal of the com- mission's staff. Prior to the establishment of the first Michigan State Planning Commission in 1934, there was a recognition that changing conditions in agriculture, industry, and mining demanded state research and assistance.11 The 11Michigan Planning Commission, Work of the Mighigan Planning Thgough Thirteen Years, (Lansing: Michigan lanning C ommission, November 1, 19 , p. 3. 13 depression and resulting national program furnished the impetus for establishing the state commission. The first commission was appointed under provisions contained in Act 195, P. A. 1931, the "Studies Commission Act.” This act gave the governor permission to create special commissions to study areas of critical concern. A planning commission was first seriously considered in 1933 during the administration of Governor William Comstock. The Governor held conferences and discussions on ways in which the state could deal with the depression. These discussions brought out the need for a state coordinating and planning agency. The Governor determined a planning agency must be established. Governor Comstock appointed the first Planning Commission on January 16, 1934. Its membership was representative of various state departments such as labor, industry, conservation, highways, public instruction, the state administrative board, the University of Michigan, Michigan State College, and a few other agencies.12 The program was fourfold: 1. Development of planning legislation 2. Preparation of planning legislation 3. Direction, creation, and stimulation of local planning 4. Educational activities 12Ibid, p. 4-5 14 The commissions were appointed annually in February by the Governor. Governor Frank Fitzgerald appointed the second (1935) and third (1936) commissions who were con- cerned mainly with drawing up a comprehensive program of public'works. The first commission was to serve as a liaison with the National Planning Board and undertake work which would qualify for $5,000 in national assistance in addition to a state appropriation of 310,000 made in 1934 aiding the Commission in inventory studies. The second Commission appointed a study committee on rural land use and zoning. Work of this committee fostered the Michigan County Zoning Act, Act 344, P. A. 1935. Legislation permanently establishing a state planning commission.was introduced and passed in the regular 1937 legislative session. While there is no recorded reason given why such legislation was not introduced in the 1935 session, it can be assumed that as the planning commission was formed in 1934 under a legislative act, there was no push made for a special act in 1935. By 1937, the Commis- sion was in operation for three years. Its work was more widely recognized and the majority of states had established a precedent for.legislatively-established state planning commissions. A The Michigan State Planning Commission bill was intro- duced early in the legislative session. Representative M. Clyde Stout of Ionia County introduced the bill on January 15 15, 1937. The bill, House Bill 55, was referred to the Committee on State Affairs. The Committee did not report the bill out until June 16. It was reported out favorably and on June 18, House Bill 55 came to a vote. It was passed with a vote of 58 yeas and 19 nays with 12 repre- sentatives not voting and sent to the Senate. The State Senate's Committee on State Affairs reported the bill out favorably with a minor amendment on June 23. The bill was passed a day later with the provision it be given immediate effect. It was presented to the Governor on July 9 and Governor Murphy approved the bill July 21. It became Act 218, P. A. 1937. An appropriation of 825,000 was also approved for two years of the Commission's oper- ation. The act provided for an eleven member commission consisting of the State Highway Commissioner, the Director of Conservation, and nine other members to be selected by the Governor for staggered terms. Therefore, there was no longer a completely ”new" Commission as there had been when the Planning Commissioners were selected for one year terms under the Special Studies Act of 1931. The Governor was also given the authority to designate the chairman.13 13Michigan, Planning Commission Act, Act No. 218, Public Acts 1937. 16 The enabling legislation gave the Commission authority to appoint employees to carry out the duties of the commission, but all expenses of the Commission and the necessary offices and clerical expenses were to be within appropriations provided by the Legislature. The duties of the Commission could be classified into two categories; national and state activities. The Com- mission was to act as the official state agency working with federal agencies concerned with public works. For the state, the Commission was to coordinate surveys, inventories, and investigations, and serve as a central state agency for information on natural resources, their rate of depletion or renewal, and the probable future of industries and communities dependent on these resources.14 Summary Extensive legislative support for planning never developed. During 1937 and 1938 the Planning Commission apparently performed its duties outlined in the legislation. However, there was not enough support from legislators to continue appropriating money in the 1939 session. No appropriation was made for the 1939-1941 operating budget forcing the abolishment of staff positions. Commission members continued to lay the groundwork for reundertaking 14Ib1d. 17 P.W.A. projects. These were terminated in July, 1942.15 In the fall of the same year, the State Planning Commission studies were based on war-related problems. These included studies on the influx of war workers at Willow Run and Sault Ste. Marie. Legislative Agiign in New Jersey The New Jersey experience closely paralleled that of other states. The government established an administrative board until the legislature could formally establish a state planning body. Legislation was drafted by private consultants using as their guidelines New Jersey law and the needs of the planning agency to cooperate with Federal officials. The legislature made small yearly appropriations for the state's contribution. Evidence suggests that the New Jersey planning program never became a part of the state government during this period other than to serve as an agency which aided New Jersey in receiving national aid. New Jersey's Governor Moore established a temporary state planning board in February, 1934. Its objectives were the: 1. Establishment of a staff organization which was to be supplied by the State Relief Administration for the making of planning 15Interview'with'Dr. Paul A. Herbert, Head, Research Division, Michigan Department of Economic Expansion, Lansing, 18 surveys and studies under the direction of experienced consultants supplied by the National Planning Board. 2. Obtaining of legislation creating an ‘official state planning board.16 This was a direct result of the National Planning Board's function to create state planning agencies and the objectives indicate the strong influence of the national government. The temporary state planning board, with the aid of the government obtained the services of a consultant supplied by the National Planning Board to draft the legislation to place before the legislature. It was desired to introduce the legislation in the spring, 1934 session. With the limited amount of time available, the proposed legislation was a "model" state planning legislation developed by the National Resources Board and modified for New Jersey. The legislature established a state planning board with nine members appointed by the Governor, by and with the consent of the senate. Four board members were to be heads or chief executive officers of state departments. The remaining five were to be state citizens holding no other state office.' Terms of office were five years except for the state officers whose terms would not run beyond their term of office. 16Steiss,Alan W., "Three Decades of State Planning" Jersey Plans, XI, No. 3, (1960), p. 5. 19 Whereas the senate had the appointed powers of "advice and consent,” common to executive appointments, legislation did not specify from which state agencies the four state appointments were to be made. This power of selection remained with the governor. The governor also designated the chairman of the board. The board was given the power to, "employ an executive secretary or secretary-engineer and such other technical and clerical assistants as may be required." Specific authorization was given for the board to "use and expend any funds coming into its hands for the. purpose of this act and it is authorized and empowered to accept and use any funds provided by the United States government or any agency thereof or of gifts made for such purposes." The enabling legislation charged the planning board with preparing and updating a state master plan and keeping current a proposed long term development program of state improvements. Additional duties included the coordination function of physical development plans of state departments and bureaus and with local authorities and individuals; making studies of rural land utilization; and collecting and publishing information relating to the proper development of the state and the conservation of its natural resources. At no place were the contents or description given of what the state plan should contain. The plan was to be 20 only "for the physical development of the state.” Requirements for a development program of state . improvement and coordination of all physical develop- ment plans satisfied the requirements of the national government for a state planning agency. The remaining duties of studying rural land utilization and plans for the conservation of natural resources were recognized problems in New Jersey where urban development was encroaching on prime agricultural land. Studies of rural land were to lead to the determination of the land best suited for field crops, reforestation, watershed protection, reclamation, recreation, summer residence, industrial, and urban expansion. Studies on the conservation of natural resources were "designed to promote the general welfare, and make such recommendations, thereon to the governor and the legislature as it may deem proper and advisable." No enforcement powers were given to the board. .All state agencies were required to notify the planning board before undertaking any major construction or improvements or before disposition of real property. This clearing- house of state department activity was a first step in state interdepartment coordination. The board could study requests and make recommendations, but recommendations had no binding effect. Summary New Jersey's first state plan enabling legislation 21 was the direct result of incentives established by the national government for those states with planning agencies. The governor appointed a board shortly before the beginning of the legislative session that enacted the state planning act. The intervening period allowed little time in which to prepare legislation that reflected needs of the state. Consequently, the bill introduced in the legislature was fundamentally that recommended by the National Planning Board. Legislative forces opposing enactment of the bill were states rights supporters that argued it was chiefly Federal legislation. The bill was not discussed on merits of state planning. The New Jersey act was passed in May, 1934. The board continued to serve an additional ten months. The first planning board members appointed under the new act took office in March, 1935. Russell VanNest Black served as the agency's consultant-director.17 During the 30's, the New Jersey board did not receive the unqualified support of the legislature or most state departments. Yearly state appropriations were limited to 310,000. Lack of adequate financing forced the planning board to rely on Federal programs for its working and direc- ting staff. The actual total expense on the state planning program between 1934-1938 was approximately $255,000. Of this amount, 80% was from national funds.18 17Ib1d. 181b g. 22 Legielaiixe Action in Tennessee The State of Tennessee was influenced more direc- tly by the national government than were other states. Tennessee had the impetus of the NatiOnal Planning Board and the Tennessee Valley Authority. The Tennessee Valley Authority was the first agency established by the national government for the purpose of comprehensive river-basin planning. The key regional needs were identified as water power, navigation, and fertilizer development as well as the competent management of soil and of forests.19 The Tennessee river basin included parts of six states with the State of Tennessee having the largest area. Being the first attempt by the national government at regional planning, there were no precedents. Tennessee Valley Authority was created before the national sponsoring of state planning making initial cooperation with state planning agencies impossible. Tennessee Valley Authority was given the power to cooperate with states, although it was not directly required to participate with state agencies.20 The beginning of state planning in Tennessee was initiated with the influence Of the Tennessee Valley 19Friedman, John R.P., The S atial Structure of th Ecogomie Deveiopment in the Tennessee Valley, (Chicago: University of Chicago, 1955 . P. 10. Mimeographed.) 20Gimre, Gerald, "Interrelationships of Regional and State Planning in Theory and Practice," The Planners Journal, III, (1937). p. 142. - 23 Authority. In order to establish state cooperation with the T.V.A. they requested Governor Hill McAlister to form a citizens committee to cooperate with them in the Tennessee Valley area of the state. The governor requested authority to form a committee from the legislature. The Shelby, Tennessee delegation introduced the administration request as House Joint Resolution No. 38. It was adopted without opposition on April 22, 1933.21 The Resolution authorized the Governor to appoint a committee composed of six citizens known as the Tennessee Valley Commission. The first meeting of the Tennessee Valley Commission was held in Knoxville in April, 1934. In the time elapsing between the establishment of the committee and its first meeting, the National Planning Board had been created and cantacted state governments requesting their assistance in creating state planning boards. Therefore, at the first meeting, Governor McAlister appointed the T.V.C. members to act as a state planning board.22 The national government was interested in securing state cooperation for the T.V.A. development. In the effort to have a competent state agency with which to work, the National Resources Board ask for, and received, Governor 2'Guess, Eleanor Keeble, The First Fifteen Years, (Knoxville: The Bureau of Public Administration, The University of Tennessee, June 1949), p. 10. 221bid, p. 10. 24 McAlister's assurance of sponsoring legislation to put state planning on a continuing basis. In return, the administrative-appointed state planning board received the services of a consultant to draw up suitable legis- lation for the creation of a state planning commission. Mr. Alfred Bettman of Cincinatti was retained by the T.V.A. to study the Tennessee constitution, the form and general content of its laws, the needs of the state, and to draft a body of suggested state legislation. In June, 1934, Bettman presented his proposals to representa- tives of T.V.A. and the State Planning Board. These pro- posals were for legislation to accomplish: l. The establishment, organization, and powers of Planning Commission and application of plans to public works, and public uses of land. 2. Zoning, including land use classification. 3, Subdivision regulations enabling legislation. 4. Regulations of buildings within the lines of mapped streets.23 These proposals were introduced as a series of bills with the backing of the Governor and most of them were passed. The bills were not drafted by the legislature. The record of floor discussion, seldom full-fledged debate, 231p; , p. 11. 25 indicates that the state lawmakers looked upon these bills as another series of bills recommended by the T.V.A.24 Legislative consideration of these bills were based upon the fact that: 1. 2. They were backed by the state administration. ,A majority of the legislators could see little that could be considered detrimental to their home districts. Enough legislators were convinced the T.V.A. would benefit their district to approved desired T.V.A. legislation. There is little evidence to suggest that the merits of statewide planning were debated, discussed, or even considered. The legislature did pass all of the proposed 1egis- lation except for the official map act. Bills passed included: 1. State Planning Act. 2. Regional Planning Act. 3. County Zoning Act 4. Regional Subdivision Control Act. 5. Municipal Planning Act. 6. Municipal Zoning Act. 7. Municipal Subdivision Control Act. 24 --Letter from Miller, Harold V., Executive Director, Tennessee State Planning Commission, February 15, 1963. 26 The county zoning enabling legislation was passed in emasculated form, for the legislature wrote in a pro- vision "provided further that this act shall not apply to private lands."25 The State Planning Commission Act created and set forth powers and duties of the Tennessee Planning Commis- sion. The Commission consisted of nine members, one of whom was to be the governor with the remaining eight citizens of the state appointed by the governor. The term for an appointed citizen was four years. Of the citizen members, two were to be residents of the three "grand geographical divisions" of the state and two members served the state at large. No more than six could be from the same political affiliation. All served without compensa- tion except the allotments for travel and other expenses. The Governor was given the power of removal. The Tennessee Commission represents a strong executive type. The Governor is a member and has the power of appoint- ment and removal without the advice and consent of the state senate. Citizen members were appointed with regard to geographic distribution. This was important in the case of a state like Tennessee having major geographic regions. The state was divided into three major regions, or "grand divisions." These correspond to the eastern portion of the state in the Appalachian Mountains and Piedmont Plateau area; ZSIbid. 27 the central portion encompassing most of the Tennessee River Valley; and the Central Plains region of western Tennessee. Therefore, two thirds of the Commission reflected local regional differences within the state. This was designed to give equal representation through- out and to foster a unified feeling for the needs of the entire state. Having citizen members on the commission with specifications that members, "hold no full time salaried public office or public employment," reflects the influ- ence of the city planning movement.. The concept of having a planning function with a commission was a tradition in city planning that state planning, having no precedents, used in its formative years. Although no state personnel other then the Governor was a member of the State Planning Commission, the Commissioner of each of the state administrative departments or any designated department member was free to attend and to participate in the discussions of Planning Commission meetings. The Commission was given the power to appoint an executive director and secretary who, "shall be quali- fied by special training and experience in the field of city, county, regional, or state planning." The Commis- sion could appoint other employees and contract for consul- tant services. The Governor was given the power, if so requested by the Commission, to assign personnel from other state departments to the Planning Commission for 27 the central portion encompassing most of the Tennessee River Valley; and the Central Plains region of western Tennessee. Therefore, two thirds of the Commission reflected local regional differences within the state. This was designed to give equal representation through- out and to foster a unified feeling for the needs of the entire state. Having citizen members on the commission with specifications that members, "hold no full time salaried public office or public employment," reflects the influ- ence of the city planning movement.. The concept of having a planning function with a commission was a tradition in city planning that state planning, having no precedents, used in its formative years. Although no state personnel other then the Governor was a member of the State Planning Commission, the Commissioner of each of the state administrative departments or any designated department member was free to attend and to participate in the discussions of Planning Commission meetings. The Commission was given the power to appoint an executive director and secretary who, "shall be quali- fied by special training and experience in the field of city, county, regional, or state planning." The Commis- sion could appoint other employees and contract for consul- tant services. The Governor was given the power, if so requested by the Commission, to assign personnel from other state departments to the Planning Commission for 28 the purpose of making special studies or he could direct any department to make surveys for the Commission. The principle duty of the Planning Commission was to make and adopt a general state plan for the physical development of the state. The state plan was to include: 1. 2. 3. The general location, character, and extent of public facilities which were of a statewide or regional concern. A land utilization program including the general classification and allocation of the land by uses. Maps of zoning measures proposed for carrying out the land utilization program. The enabling legislation details the purpose of the state plan as being the "guiding and accomplishing a coordinated, adjusted, efficient and economic development of the state” which.will: 1. 2. 3. best promote the health, safety, morals, order, convenience, prosperity, and welfare of the people. best promote efficiency and economy in the process of development. create conditions favorable to transporta- tion, health, safety, prosperity, and civic, recreational, educational and cultural opportunities. tend to reduce the wastes of physical, 5. 29 financial, or human resources which result from either excessive congestion or excessive scattering of population. tend toward an efficient and economic conservation, production and distribution of food, water, and minerals, and of sanitary and other facilities. The power of adoption of the state plan, either as a whole, or by parts, was given to the Planning Commission. However, all reports and all plans of the Commission were advisory. The Commission had the power to: 1. 3. 5. Promote public interest in and underb standing of the state plan. Confer and cooperate with the T.V.A. or other Federal agency or with neigh- boring states for the purpose of coordinated development of the Tennessee Valley and the State of Tennessee. Advise and cooperate with Planning Commission within Tennessee. Furnish advice or reports to any state -officer or department. Advise the governor or the general assembly on programs for public improve- ments and their financing. Prepare and submit to the governor or 30 general assembly drafts of legislation for carrying out the state plan. 7. Study and report to Governor or general assembly on any subject relating to planning of the economic, social, govern- mental, cultural, or welfare conditions or problems of the people of Tennessee. This enabling legislation's main intent was to create a State Planning Commission and outlined the duty of the Commission to prepare a state plan. The purpose of the state plan may be classified as promoting efficient and economic state development. The reports and plans of the Commission could be advisory only. However, the Commission was given enumerated powers. These powers gave the Planning Commission authority to; cooperate with Federal agencies and with neighboring states in the development of the Tennessee Valley; to offer assistance to lecal governments in Tennessee; advise the governor and general assembly on subjects relating to state planning. These are the principle powers that the Planning Commission has used since its beginning. The legislation details the purposes of the state plan and what the plan should encompass. There were no provisions other than advisory made for implementation and Tennessee has never had a "state plan.” The work of the Tennessee State Planning Commission was interrelated with the T.V.A. It was through the encourage- 31 ment and assistance in drafting enabling legislation of the National Planning Board that the State Commission was formed. The T.V.A. assisted in shaping the course of the State Commission in its formative years. The public images of both agencies were that their principle purpose was assisting with development of public works programs.26 Although enabling legislation gave the State Com- mission the power to confer and cooperate with the T.V.A., much of the work in the early years of The two agencies was carried out with little cooperation and coordination. Often the two bodies carried out separate work programs without being conscious that work was already under way by the other agency.27 Both agencies were reluctant to approach the other to work out a cooperative arrangement. The State Planning Commission had an attitude of letting the T.V.A. pursue its own course without interference. The T.V.A. was reticent in intruding into state affairs and functions. As the T.V.A. was operative in only the Tennessee Valley, its service area did not include the entire state as did the State Commission. Therefore, in parts of Tennessee there were two separate planning agencies. One agency was an arm of the national govern- ment with broad powers of planning and execution, and one was a branch of state government vastly inferior to the 26Gimre, loc, cit. 27Ibid, p. 143. 32 T.V.A. in its powers of accomplishment. Rather than having the claim that Federal agencies were interfering with state and local governments, it was probably the responsibility of the State Planning Commission to make the first approaches to cooperate with the T.V.A. The T.V.A. preferred to work with local groups in physical development planning. The Tennessee law establishing the use of county and regional planning commissions was used by the T.V.A. to a greater extent to establish local planning commissions rather than utilizing the state agency. The 1935 Regional Planning Commission Act provided for the State Planning Commis- sion to create a regional planning commission in planning regions created by the State Planning Commission. It was through these regional planning commissions located in the Tennessee Valley that the T.V.A. developed its program. The State Planning Commission planning to pro- vide matching funds to regional planning commissions. It was thought that this would draw out financial support fromxlocalities, but the plan did not materialize.28 The State Commission's function in aiding the T.V.A. was primarily in the establishment of regional planning com- missions through which the T.V.A. did most of its local cooperating. The state agency functioned in much the same capacity as other agencies; inventory of state 28ibid, p. 145. 33 resources and assisting in public works programming. Both the Governor and the general assembly financially supported the work of the Tennessee State Planning Commission in its early years. Although Tennessee state finances were reduced during the depres- sion years of the 30's, $15,000 in state appropriations were made during the terms of Governors McAlister and Browning. .Additional funds for the support of state planning was provided by the T.V.A., National Resources Council, Works Progress Administration, the University of Tennessee, and other public and private agencies.29 Summary The beginning of state planning in Tennessee was characterized by a higher level of national influence than state planning in other states. Tennessee was the key state in attempts by the national government to establish a program of river-basin development by a semi- autonomous authority. During this time, the Governor and general assembly were approached by agencies of the national government asking for state assistance in estab- lishing the T.V.A. project. Establishment of a state planning commission was but one of their requests. This request was greeted with little enthusiasm by state legis- lators because it was a part of the larger program which 29Guess, l e. cit. 34 few of the legislators really understood all of the implications.‘ The T.V.A. provided one attempt at solving state problems and encouraging economic development. The possibility of accomplishment, of realizing development possibilities was enough to influence a majority of state legislators to approve legislation that was requested or suggested by the T.V.A. The state plan enabling legislation was one of a series of planning acts introduced and passed in the 1935 general session. The series of planning bills were drafted by a hired legal consultant; they were not the result of work by state legislators. It may appear that the state planning legislation took place despite the legislature rather than by virtue of it. It must be remembered that while the legislature did not provide leadership, neither did it oppose legislation. If there had been opposition, nothing would have happened in Tennessee. on u on State planning established in the 1930's was a result of policies established by the national government. The governors of various states recommended to legislatures the passage of legislation establishing state planning commissions. Proposed legislation was usually adopted from model legislation. With the exception of the addition of minor amendments, legislatures passed planning bills without much debate, hesitation, or alteration. 35 A model planning act typical of this time period appeared in the Harvard City Planning Studies.30 Written by Bassett and Williams it recommended a five-member com- mission consisting of the head of the state highway and state park departments and three state citizens appointed for four year terms. Duties of the commission were to prepare and perfect a master plan. The plan was to consider existing and pro- posed state highways, parks, parkways, public reservations, and sites for public structures and works, and "any other state planning features." The master plan was to guide the state planning commission in making recommendations to departments and bureaus of the state. It was suggested that the Commission be given the power to make reports to the legislature and advise the legislature with respect to the formulation of development programs. In commentary on the model act and the need for state planning in general, Alfred Bettman stated that, ”the need for state planning is now generally realized."31 'Mr. Bettman believed the scope of state planning should include all functional classes of state government structure, works and uses. Non-urban land classification and the conservation of soils, water flowage, and other natural resources fell with- in the state planning field. 30Bassett, Edward M. and Others, Model Law t , Counties, and States, (Harvard City Planning Studies, VII Cambridge, Massachusetts: Harvard University Press, 1935), PP. 73-116. 3lIbid. CHAPTER II WORLD WAR II AND POST WAR PLANNING: THE 1940's Introduction The decade of the 1940's brought the end of the National Resources Planning Board and national state planning assistance. The remaining state planning boards searched for reasons to justifyttheir existence. Post- war planning provided a period of short reprieve, but by theeend of the 40's most state planning boards had either been merged with other state agencies or had been abolished. Most of the states established state planning boards to receive national funds and public works projects avail- able only to states having a planning board. Thus, many of the states looked upon state planning boards as nothing more than a Federal stepchild. Planning boards that were not organized to serve the needs of the state in which it existed were often looked upon with disfavor by the elected officials and influential groups. As early as 1935, New Hampshire merged its two year old planning board with the State Development Commission. Kentucky abolished its planning board in 1936, the states of Connecticut and Maine did likewise one year later. During the legislative session of 1939, nine more planning boards were abolished by 36 37 legislative action. Thus, by 1940, there remained 34 state planning boards. The United States was at war by the close of 1941. Money formally spent on public-works_relief programs was no longer needed as national defense spending lifted the United States out of the economic depression. With no more need of these programs they were abolished by Congress. , The National Resources Planning Board died in 1943. For the first time, state planning bodies received no national financial or technical assistance. Throughout the war period, the remaining state planning agencies concentrated their efforts on war programs. They prepared data and reports for use by national, state, and local agencies on defense and war-time problems of housing, population movement, and industrial location. They gave advice and assistance to the military on the location of company sites and recreation facilities for troops, on airports and flight strips, and on other matters of military significance.1 Many of the earlier research reports and studies of the pre-war planning boards provided the basis for most warntime, military-focused planning, These activities were usually specific problems, a method of operation that con- trasted sharply with the more general research efforts, 1Council of State Governments, Plannigg Servicee fog State Gove ment, (Chicago: Council of State Governments, 1955). Do 25. 38 aside from public works activities, of earlier planning boards. The prospect of the war's end saw states assigning the task of preparing plans and programs for making a smooth transition to peace, to the state planning agencies. Generally these objectives could be designated as: 1. To study the human, natural, and economic resources of the states, 2. To promote plans for employment of returning service-men and war workers, 3. To plan for the reconversion of industry and commerce, 4. To suggest programs for development.2 When the anticipated post-war recession did not materialize, the states saw little need to continue plans and programs for post-war reconversion. In the eyes of many state governors and legislators, the functions of state planning could be transferred or combined with another state agency, usually concerned with economic development, '6; completely abolished. By the end of the 1947 1egis- 1ative sessions, more than 30 of the former planning boards no longer existed.3 Those planning agencies that continued were usually not the result of national demands alone, but immediate, expressed needs in the states. elbide’ D. 26s 3Ibig., p. 23. 39 Some persons blamed the failure of effective planning leadership in the national government as hindering state planning. They believed that state planning would have had much more rapid strides if the National Resources Planning Board continued a program of giving technical, working assistance to the states.4 While it may be assumed more state planning bodies would have continued if national assistance were available, it may be also said that many states were lax in assuming the leadership necessary to place state planning on a continuing basis. Some of the factors contributing to the changing role of state planning during and immediately after World War II were: 1. When funds and projects were curtailed, one of the major elements of state planning support was removed. 2. The orientation toward national programs inhibited the development of a state planning movement suited to individual states. 3. The organization of planning boards tended to isolate them from governor and 1egis- 4Price, William D., "State Planning in the Present Emergency," Plannin l 42 (Chicago: American Society of Planning Officials, 19 2 , p. 64. 4. 5. 4O lature. This isolation contributed to many of their difficulties, including the widespread uncertainty as to their proper roles and objectives. The un- certainty, in turn, along with other factors, caused the boards to focus ' planning services of state government largely on research and surveys. A distrust of research for the sake of research alone developed, intensified by the lack of visible, concrete re- sults from planning. The State Planning Board, unable to pro- muw-‘FM" ‘ 5"“F4Vnw. vide overall planning staff services, tended to concentrate on limited areas of planning. These often fell within the scope of existing departmental pro- grams and gave rise to charges of duplica- tion and interference. An intangible hostility by some groups developed toward certain social aspects of the boards' programs.- There was some fear that they might operate to the detriment of the free enterprise system. 41 Legielative Program in Michigan Two bills passed during World War II provided the impetus for later state planning operations. In the 1943 executive message, it was suggested the Michigan Planning Commission Act be amended to; broaden the Commission functiOns, increase responsibilities, and strengthen membership with addition of representatives of the legislature. The amendment appointed the Planning Commission to act as the state's official coordinating agency in studies of natural resources and to serve as a central state agency to assist, coordinate and encourage making and continuing an analysis of natural and human resources. Commission membership was increased to fifteen including the Chairman of the Ways and Means Committee of the House of Representa- tives, Chairman of Finance and Appropriations Committee of the Senate, and the Speaker of the House. (This bill was introduced as a measure to increase the state's prepared- ness for war to peace time changes and received no oppo- sition. House Bill 24 passed in the 1944 session established a $5,000,000 revolving loan fund to aid Michigan communities in paying for public works projects. The program was de- signed to develop a "shelf" of projects that could be placed under construction with a minimum of delay. Two reasons were found for the establishment of this bill; it was thought public works projects could be used to employ returning service men, and Michigan local units of government 42 were becoming jealous of the increasing sales tax accumulations in the state treasury collected from the resurging war-time economic conditions. When the expected depression did not materialize after the war and the sales tax diversion method of distributing taxes back to local units was adopted, necessity for the five million dollar state planning aid program vanished. The Planning Commission was ordered to administer four million of this program to units of local government other than the county road commissions. This involved negotiations with nearly all cities and villages, about half the school districts, and many townships. For the first two years of the program, its administration required nearly the full time of the Commission staff and its annual budget.5 Administration of the program fostered a feeling of antagonism toward the Michigan Planning Commission. The formula for allocating the funds coupled with a rigid completion time requirement meant governmental units did not always receive money based upon local needs. Fund apportionment was allocated in accordance with formulas based on three equally weighed criteria; 1. percentage of county road mileage to the total state county road mileage, 5Michigan State Planning Commission, Thumbnail Review of Michi an Plannin Commission Work, (Lansing: Michigan Planning Commission, April 2 , l9 7), p. l. 43 2. percentage of county land area to state total, 3. percentage based on the percentage of the county population to the state's total population. It was at this time of relative strength that the State Planning Commission sowed the seeds of its destruc- tion. The following circumstances combined to spread disfavor with the Planning Commission: 1. Following legislative amendments in 1943 and 1944 strengthening the State Planning Commission, jealousy developed in larger, older state agencies who looked upon the Planning Commission as a threat to reducing their functions and duties. 2. The fund allocation formula and stringent time limit imposed in administrating the $5,000,000 state planning aid program was protested by local units of government who felt that they were not "getting their share." ‘ 3. Legislators were informed of dissatisfaction in their home districts. The State Planning Commission was blamed. ' 4. The rural dominated Michigan legislature was not receptive to state planning. 44 5. Most staff time and budget of the Planning Commission was spent on the administration of the planning aid program. While the program was important, this meant that other programs were not important for 2-1/2 years. 6. The Planning Commission staff was not aware of the need of development programs following World War II. Many other states undertook such a program to bolster their states' economy. This was a result of: a) Fear of a post-war depression. b) Reduction in government defense contracts. c) Changes in national government policy making western and southern states more advantageous to industry. During the administration of Governor Frank Kelley through the abolishment of the Planning Commission in Governor Kim Sigler's administration (1943-1947) the relationship with the Planning Commission staff was on less than friendly terms. A two page, undated, unidenti- fied memorandum apparently prepared for Governor Sigler in 1947 reported the findings of an executive office 45 investigation.6 Administration of the staff was criticized for a "lack of staff organization with no delegation of authority or responsibility in preventing efficient operation of the agency." It was claimed that the percent- age of personnel turnover was greater than that of any other unit of state government. The memorandum further stated that appropriations were misspent by expending them for purposes unrelated to the agency's operation. The conclusion was reached that, "the relationship which existed between the Director and Executive Office during the past administration, as well as with the Budget Office and Civil Service Commission has been far from satisfactory." During the early weeks of the 1945 legislative session, a bill was introduced to amend the Planning Com- mission Act by providing for a State Planning and Develop- ment Committee. The Planning Commission would have been expanded to eighteen members with additions of the Chair~ man of the Finance Committee and of the Building Committee of the State Administrative Board and the Lieutenant Governor. The bill would have added the function; "to encourage and assist in planning by counties, townships, cities, and villages, and combinations of these; to investigate and 6Memo contained in the Executive Office Planning Commission file, Michigan Historical Commission Archives, Lansing, 1947. 9 46 determine the need for regional planning; define the boundaries of regional planning areas; and, in its discretion, create regional planning commission functions in natural areas which extend beyond local jurisdictions." The bill did not receive much attention during the ' session. A major amendment had been added at the last session and with a heavy legislative schedule, it was passed over. However, in the two ensuing years dis- pleasure with the Planning Commission grew. In his Repogt to the Michigan Legieiature in 1946, Governor Kelley described thework of the Planning Commission under the title heading, ”Piannigg age Ecenomie Deyelepment."7 Members of the legislature were becoming increasingly hostile toward the Planning Commission's Executive Director. Commission members did not express a collec- .tive attitude but individuals did. They felt any decision affecting the administration of the agency should come from the Executive Office.8 Legislative pressures on newly elected Governor Sigler in 1947 made the replacement of the executive director politically mandatory. The new governor felt that even appointment of a new director and agency reorganization would not remove legislative opposition to the agency. The 7A Re ort to the Michi a Le i lature, Executive Office, Lansing, 1946 (in the files of the Michigan Historical Commission Archives). 8Memo contained in the Executive Office Planning Commission file, Michigan Historical Commission Archives, Lansing, 1947. 47 Governor worked with members of the State Planning Com- mission in drafting legislation that would abolish the Planning Commission and establish a Department of Economic Development? This legislation embodied functions and duties similar to those of the State Planning Commis- sion but replaced the Commission with an executive appointed Economic Development Commission. Legislative opinion during the 1947 session was to replace the "do- nothing" State Planning Commission with an active Economic Development department. Legislative displeasure was expressed in 3.2ejzei1_NeEe_dispatch from Lansing, January 10, 1948. The story, discussing possible appointments to the Directorship of the new department, discusses the chances of the State Planning Commission's Director, @When the Legislature abolished his old job and created the new commission, the biggest interest it had was severing him from the payroll."x) Summary The Michigan Legislature abolished the State Planning Commission. 'As related, this action was the result of a number of circumstances. The principle reasons being the Commission's preoccupation with administrating the revolving 9Interview with Miss Jessie Bourquin, Research Analysist, Michigan Department of Economic Expansion, Lansing, May 15, 1963. 10Detroit News, January 10, 1948, "Man Hunted for $9,500 Job,. , 48 fund and increased displeasure with the Director. Legis- lators associated the results of the fund and their feeling for the director with state planning and as a result, state planning in Michigan entered dormant years. Legislative Pregram ig New Jersey Major revisions in New Jersey state planning resulted from major government reorganization accomplished in this decade. Changes in planning were chiefly structural. The Planning agency continued a program of clearing-house information service to local communities, state officials, and national agencies, and attempted to advance a compre- hensive state Development Plan although the agency was hindered by lack of staff and funds. Developments in planning can best be understood ‘within the framework of changes in New Jersey Government. New Jersey was operating under a 1844 constitution that did not provide for needed changes in state government. The thirty departments and commissions of the World War I period expended by 1944 to over 100 independent spending agencies and fifty additional semi-independant boards and commissions." If a governor wished to consult with those 11Seelback, Heiny H., "Organization and Functions of the Departments in New Jersey State Government, ”‘Neg Jerse s tut s otat , (1955). Title 49a Title 52, pp. VI to LV. 49 having independent responsibility for the expending of state funds, he would have held a meeting of 424 persons. The governor was without legal authority to coordinate their efforts and activities. With administrative maneuvering, enough public sup- port was gained to prepare a new constitution incorporating the needs of modern state government. The proposed consti- tution was presented to and defeated by the electorate in 1944. Nevertheless, administration reorganization did make some headway. Recommendations of the New Jersey Commission on State Administrative Reorganization adopted by the legislature from 1944 to 1947 provided for the con- solidation and reorganization of 24 of the state adminis- trative agencies within five major departments. The first organizational change effecting state planning was begun with the 1944 legislature passing a bill establishing a Committee on Post War Economic Welfare. One Of the Committee's recommendations provided for con- solidation and reorganization of seven administrative agencies within a department of Economic Development. The State Planning Board was one of the seven agencies abolished and made a part of the new department. The other departments included in the integration were the State Housing Authority, New Jersey Council, New Jersey Transit Commission, Port Raritan District Commission, and the State Service Office. Legislation creating the Department of Economic 50 Development retained all of the basic powers and duties of the old State Planning Board. Specific authorization was given to apply for and accept grants from the national government. Two important new duties were added however, as the result of including functions of the State Housing Authority in the department. These duties included: 1. Investigate housing conditions, the means for improving conditions, deter- mine slum areas; making studies related to the clearing, replanning, and re- constructing slum areas, cooperating with any public body in dealing with slum problems, and engage in housing research, studies, and experimentation. 2. Enforce laws relating to local housing authorities. In 1947, a new constitution was approved by the voters. With the new document, 96 bureaus, commissions, and agencies were to be consolidated into ”not more than 20," actually 14 were created.12 The government re- organization accomplished with the new constitution followed these basic precepts: l. to integrate all the administrative activities of the State along functional lines within a few well balanced princi- ple departments; '2Ibid. 51 2. to fix direct lines of responsibility for the administration of these functions and activities, from the Governor through the department heads to the subOrdinate officers of each department; 3. to provide the Governor with executive authority commensurate with his responsibilities to the people of the State and; 4. to require the coordination of adminis- trative activities, the elimination of overlapping and duplicating functions, and the full utilization of all staff facilities within each principle department. The Department of Economic Development, containing the state planning function, was consolidated with the Department of Conservation. The Department- of Conserh vation and Economic Development created October 25, 1948, was the department most affected by the administrative reorganization. It consolidated under one head a host of independant units having little functional relation- ship to each other. The legislative reorganization act gave specific functions to the Department. These included: 1. Preparation and coordination of plans for developing physical assets and cooperation 52 with local and regional planning boards in the interest of orderly community growth. 2. Execution of programs to advertise agricultural, industrial, and recreational features of the state. 3. Collection of data of economic and social significance and the develop- ment,of a business information service. The Department was organized with five operating divisions; Divisionsof Fish and Game, Shell Fisheries, Veterans Services, Water Policy and Supply, Adminis- tration and Planning and Development. The state planning function was displaced to a section level operating in the Bureau of Planning and Commerce of the Division of Planning and Development. There was little in the way of an overall plan for structuring the department. Those responsible for drafting reorganization bills were bound to constitutional limita- tions of keeping the number of state departments below 20 and therefore probably decided to place a number of some- what related functions in a single department.13 The reorganization reduced state planning to a low 13Letter from Thomas J. Anton, Assistant Professor, University of Illinois, Urbana, April 29, 1963. 53 position in the governmental hierarchy, that of-a Bureau. The state planning effort during the 40's was hampered by lack of recognition among state officials. The State Planning Bureau in spite of its limitations, did begin work on a state development plan that was published in 1951. The reorganization of state planning resulted from a wholesale reorganization of state government. The down- grading of the State Planning Board to a section within a much larger department was based not so much upon a judgement of state planning, but rather reflected adminis- trators and legislators desire to establish simplified government structure. While planning did not receive large appropriations during this time, neither was state planning abolished or absorbed into other state agencies as was common following World War II. Although the state planning function became a section within a larger, newly created department, it still maintained individual identity. Summary The later success of the New Jersey State Planning operation was due in part to the 1948 reorganization. Planning was strengthened, position wise, by becoming a part of an administrative operating department. Legislative Pgogram in Tenneseee The Tennessee State Planning Commission experienced no major reorganization in the post-war planning era. The 54 basic legislation passed in 1935 continued to serve without major alteration. The Planning Commission changed its emphasis to specific planning programs and the assistance of local planning commissions. There were two instances of legislation directly affecting planning being considered and passed. When the basic body of planning legislation was passed in 1935, the legislature amended the county zoning enabling legislation rendering it ineffective for private property. The legislature added the provision, "provided further that this act shall not apply to private lands." This crippling provision was removed in 1941. John Chambliss of Chattanooga, member of the State Planning Commission and then serving in the legislature, presented a bill to strike out this section of the existing law and to substi- '4 This amend- tute in lieu thereof certain other language. ment was adopted making the general enabling legislation usable. This amendment did not draw a full debate on frontal attack and passed without much opposition. The 1945 general assembly session enacted legis- lation enabling the Tennessee Commission to apply for and receive national aid for public works and designating the State Planning Commission to administer the program. 14Letter from Harold V. Miller, Executive Director, Tennessee State Planning Commission, Nashville, February 15, 1963. 55 The impetus for this legislation was the avail- ability of national monies for public works projects made at the conclusion of World War II. The legis- lation enabled the state, counties, or municipalities over 500 population to, "make application for funds under the provisions of any act of congress heretofore or hereafter enacted making grants, loans, or advances to the states, or any department or division thereof, or any county or municipality, for the purpose of aiding in the financing of public works."15 The State Planning Commission was designated as the agency through which all applications for such funds were to be made and was also designated as the agency authorized to certify conformity of the proposed project to the overall state, local or regional plan. The duty of passing upon a plans feasibility, and its conformity to an overall plan was given to the State Planning Commission. The Commission was authorized to suggest changes in the nature of the proposed project and could reject a project as not conforming to the overall State Plan.16 The Commission has never undertaken to invoke these powers, preferring to advise, to lead, and to draw plans 15Tenneseee Acts 1245, Chapter 75. Paragraph l;c Supp: 1950, paragraph 3291.27, modified. '6ipig., Chapter 5, paragraph 84;c Supp. 1950, paragraph 3291.30, modified. 56 upon request of state agencies.17 This legislation broadened the scope of the State 'Planning Commission to where it had review power over certain construction projects in the state. Evidence shows the Commission used its powers with restraint and developed workable cooperation with other state depart- ments and local agencies. Following the end of the National Planning Board, the Tennessee State Planning Commission directed its resources to specific planning problems in the state in contrast to the broad statewide perspective that was undertaken during the 30's. This flexibility in program- ming to meet the needs of the time as well as the state contributed to the success of the Tennessee Commission. Yearly appropriations for the Commission rose steadily during this period, due largely to increased recognition by the governor and legislature of the services per— formed. During the term of Governor Prentice Cooper, appropriations were raised from the $15,000 depression year allocation to $40,000 per year between 1941-1945. The Governor depended upon the State Planning Commission to accomplish a great deal of his work, including writing of speeches and articles, administration of the merit 17Miller, Harold V., "State Planning and Develop- ment Tennessee Style," State Government, XXIII, (1950), p. 149. - 57 system, as well as war and civil defense programs.18 During the administration of Governor Jim McCord, the State Planning Commission, under its statutory powers, issued a report entitled, The Gasoline Tax in Tennessee. The report contained the disadvantages of the diversion of gasoline revenues. The report had a great influence on state legislators who had been divided on the gas tax question. The report is credited with defeating the pro- posed diversion bill, much to the pleasure of the Governor. Following this report, the administration began to rely heavily on the State Planning Commission's recommendations. The annual state appropriations were increased to 375,000 per year, 1945-1946 to a 1947-1949 level of $100,000 per year. Summary In this stage of state planning development, Tennessee Planning Commission survived while other state commissions were phased out of existence or into economic development programs. The Tennessee State Planning staff turned to the planning of specific planning projects and met the Governor's need of assistance. While various I projects undertaken would not qualify as planning, they did provide the close working relationship with the exec- utive and legislative branches of government that was 18Guess, loc. cit., p. 39. 58 so often missing in state planning efforts. This cooperation built confidence in the work of the Commission so that it had backing to pursue planning- related problems when the opportunity arose. Conclusion The failure of state planning to become estab- lished as a permanent part of state government was evident during this period. State legislatures were an important force in abolishing, reorganizing, or con- tinuing the planning programs. Largely as a result of support from constituants, Tennessee Legislators did not curtail services or change planning enabling legis- lation. Legislative displeasure with the work and staff personnel was followed by the abolishment of the Michigan State Planning Commission. This was a period of adjust- ment for state planning. No longer supported through a. national program, planning had to adjust to the needs of the states. CHAPTER III NEW VISTAS: 1950 TO THE PRESENT Intgoduction Those state planning agencies remaining in exis- tence after World War II were relatively dormant. State planning activities were overshadowed by wide- spread state concern for economic and industrial development. In the middle of the 1950 decade there began a noticeable rebirth of interest in strengthening the state planning function. A large part of this ,renaissance can be traced to efforts to deal with the "metropolitan problem." . The national government again provided the financial stimulation for increased state planning activity. In contrast to the emphasis on public works programming that characterized state planning in the 1930's, the increased problems of rapidly expanding urban areas became the reason for increased national attention. The Housing Act of 1949 introduced the con- cept of "urban redevelopment." This provided for the replacement of slum housing in accordance with locally made decisions as to the future use of the cleared land. The Housing Act was broadened in 1954 to include the concept of "urban renewal." Urban renewal mad it 59 60 possible to attempt slum prevention as well as slum clearance. The basic inducement of the urban renewal program was money. The national government offered to bear up to three-fourths of the cost of various housing and renewal projects in urban areas. Before funds would be appropriated, local governments were required by the 1954 legislation to develop a "Workable Program for Urban,Renewal." A requirement of this program was a "comprehensive community plan." To aid in developing such plans, Section 701 of 1954 Housing Act empowered the national government to pay up to one-half the cost of the planning work to smaller communities with popup lation under 25,000, metropolitan and regional planning agencies. The planning grants made to smaller communities were by the national government through the state govern- ment. Therefore, the local planning assistance program did not by-pass the state. Instead, it fostered the state governments to provide the necessary administrative facilities so that the state's smaller communities could receive national matching funds. The state agency became responsible for the provision of planning assistance to smaller communities. This assumption of significant state participation in the local planning assistance program led the national government to give increasing emphasis to state planning. In amending the Housing Act in 1959, 61 Section 701 was broadened to make grants available to "state planning agencies for state and interstate comprehensive planning....and for research and coordi- nation activity related thereto." This new matching-fund program designed to stimu- late state planning was in response to what is viewed as a local or metropolitan, rather than a national emer— gency.1 What is now known as state planning can be said to encompass comprehensive physical planning, resource and economic development planning, and capital programming and budgeting. As of March, 1963, 22 states had been granted matching funds under the 701 program for state planning. The greatest change in the area of state planning was the increase in assistance to local planning agencies brought about by the provisions of the Housing Act of 1954. The 701 program has: 1. Dignified professional planning services in the eyes of state legislators. 2. Led to the strengthening, reviving, or creating state agencies by the pro- vision that assistance be channeled to 1Anton, Thomas J., 'Gubernatoriai Leadershie and Fedegal Funds: Three Cases, Institute of Government and Public Affairs, University of Illinois, (Urbana, 1963), p. l. (Mimeographed). 62 smaller communities through the state.2 The addition of a national program at first aimed at states administrating local planning projects and finally at providing funds for statewide comprehensive planning has done much to revitalize state planning. 7 While it would still be correct to refer to state planning as a "national" activity, state planning today focuses , on the needs of individual states. Developments in Michigan State Planning in Michigan entered a period of inactivity following the abolishment of the State Planning Commission. Legislative feeling toward state planning and the state's political situation negated any further attempt at planning. .It was not until 1960 that any legislation was passed involving the state in the planning process. The Department of Economic Development, successor to the Planning Commission received executive, legislative and private business support at the beginning of its operation. The 1948 state elections brought a Democratic governor to the Capitol. Support for the new department, created by the former Republican executive, was not as great from the new governor nor from the Michigan business community. The first Executive Director left his position shortly after the election. His replacement was the 63 director of the old Planning Commission. This reduced the chance for legislative support. Appropriations and staff for the department were reduced in consec- utive years. Legislation to allow Michigan communities to parti- cipate in the national Urban Planning Assistance "701" Program was not passed until 1960. Bills were intro- duced in 1958 and 1959 through efforts of those interested in obtaining "701" funds. These bills would have pro- vided for a state commission or state department to which funds could be made for local assistance planning. Legislators, recalling the problems of the abolished commission, were not receptive to creating another planning agency at the state level. In the next legislative session, legislation was passed enabling the Department of Administration to be the agency responsible for administrating the "701" Program. No new agency was created and no state funds were involved. The lobbying efforts of planning organi- zations, planning consultants, and interested communi- ties made this bill successful. In October of 1962, the national government approved a $750,000 "701" state planning program for Michigan. Handled thrOugh the Department of Administration, this grant provided for the first statewide planning program since the abolishment of the Planning Commission. The "701" administrative agency became a part of a 64 new state department, Economic Expansion, as a result of 1963 legislative action. The new department, a re- organization of the Economic Development Department, was a part of the executive program. iodifications of the proposed bill were made following talks with the House Committee on Economic Expansion and the Governor by members of the Michigan Society of Planning Officials and of the Michigan Chapter of the American Institute of Planners. Summary The part state planning will play in Michigan government remains to be determined. Legislative action in passing Act 116, P. A. 1963, provides legislation to further planning. Implementing on measures in the act are now the responsibility of the Governor and the Executive Director of the new Depart- ment of Economic Expansion. Legielatiye Program ie New Jereey New Jersey state planning grew from an insignificant section to a major division in New Jersey government and one of the nation's most respected state planning agencies. Earlier, legislative reorganization provided the structure for a vigorous planning agency and during this era exec- utive leadership built the state planning function. The movement to revitalize New Jersey planning was 65 launched in 1954. Prior to that, the State Planning Section presented the first "state plan" to the 1egis- 1ature in April, 1951.3 While not comprehensive in nature, the plan was designed to serve as a frame of reference at the state level for the acquisition of public lands, the scheduling of such improvements, highway and park development, and the formulation of policies for the conservation of natural resources. The plan was adopted as public policy and served as a basis for the route locations of the New Jersey Turnpike and Garden State Parkway constructed in the latter part of the 1950's. The plan was revised in 1955-1956 when Governor Meyner directed several state agencies to submit to the plan agency outlines of their plans for utilization of state-owned properties along with descriptions of existing uses. The movement to revitalize the state planning function was launched in 1954. It was led by newly elected Governor,Robert B. Meyner. The Governor appointed a Princeton University professor, Joseph E. McLean, as Commissioner of Conservation and Economic Development. In 1954, Dr. Coleman Woodbury, a planning and renewal specialist, was asked to appraise the status of the 3New Jersey, Annual Report, 1255:1256, New Jersey Commission of Conservation and Economic Development, (Trenton: 1956), p. 24. 66 planning office and to set forth steps that had to be taken for its improvement. Dr. Woodbury's recommenda- tions were: . l. The state planning agency should be elevated from "section" to "bureau" in the Department of COnservation and Economic Development with a functional organization of the Bureau into state, local, and metropolitan planning units. 2. The number of professional staff be doubled. 3. The major activities of the Bureau should be; a) Development planning for the state, b) «Assistance to local planning boards and Officials, c) Encouragement and technical help ”wfimm._h - in the creation and functioning of metropolitan area planning agencies. 4. Take full advantage of the new 701 Program to enlarge and improve those parts of the planning program to which 701 is applicable.4 In September of 1955, by administrative order, Commissioner McLean created the State Planning Bureau. _—_ "Steiss, loe. eit., p. 6. 67 In the same year, a special appropriation of $50,000 was included in the Governor's budget for an "Extended State and Regional Planning Program." The appropriation enabled the Planning Bureau to apply to Washington for a matching grant under the 701 Program. The applicatiOn was approved by February, 1956. A bureau chief was hired two months later and began a systematic expansion of staff. Use of national funds as part of the Urban Planning Assistance "701" Program provided additional money for expansion of the Bureau's professional staff. Local assistance programs benefited from this initial grant. The state planning function still remained relatively Vinactive. Two years later, local communities were en- couraged to bear the full share of the matching funds thereby releasing state funds that had been contributed to the local planning program. This allowed the State Planning Bureau to use a larger portion of the steadily increasing state appropriation for state and regional planning work.5 The Bureau has not distinguished between "local" or "regional" or "state" planning. It has taken the ' position that all planning accomplished within the state had a single purpose, the orderly development of state resources and was thus necessarily a part of "state planning." In June of 1959 the Bureau issued a report 5Anton, loe. cit., p. 7. 68 emphasizing the need for state coordination of all local, county, and regional planning and the equally important need to bring about greater coordination of the activities of all state agencies. The report argued that only if the state government coordinated its activities could it hope to bring about orderly develop- ment within the localities and regions of the state. After cabinet consideration and endorsement of this report, Governor Meyner created the Interdepartmental Committee on State Planning in November, 1959. Composed of representatives of each cabinet-level department, and staffed by the State Planning Agency, this group meets periodically to review capital improvement needs of the various state agencies, to discuss planning proposals, and to coordinate departmental plans in terms of state development trends and resources. Following this official endorsement of the concept of a coordinated state planning program, the state planning function increased in impor- tance. In July, 1960 the national government approved a grant of 350,000 for state planning in New Jersey under the amended Section 701 of the 1959 HousingAct.6 The growth of the New Jersey state planning agency is directly attributed to the leadership of Governor Meyner. He was able to develop the agency so it could be used as a device for achieving greater administrative 6Ibld, p. 8. 69 coordination and control of state government. The New Jersey experience closely parallels the organization, functions, and duties of the recommended "ideal" state planning organization. Legislative support was gained and maintained by the governor. Recommendations from a professional urban planner, use of national funds to supplement state appropriations, and local assistance throughout the state may be cited as principle reasons for support. Legislative support was evidenced in the 1961 session when the state planning agency was again up-- graded in status becoming a division within the Depart- ment of Conservation and Economic Development. The act creating the Division of State and Region- al Planning transferred all functions, powers, and duties of the old Bureau to the Division. The legislature pre- faced the act with three purposes of action which are, in effect, legislative policy directives. These were: 1- W- "The rapid urbanization and continuing growth and development of the State and its regions, technological advances and changing standards of living have created, and are creating a need for continuing assembly and analy- sis of pertinent facts on a Statewide basis pertaining to existing development conditions and trends in economic growth, .2, 70 population change and distribution, land use, urban, suburban and rural development and redevelopment, resource utilization, transportation facilities, public facilities, housing and other factors, and has created and will continue to create a greater need for the preparation and maintenance of comprehensive State Plans and long term development programs for the future imporvement and development of the State. State COOEdination and Capitai Improve- ment Programs. "The public services and facilities (which the State Government provides, especially-those of education, recrea- tion, conservation of resources, water storage, highways, industrial develop- ment, agriculture, and many others have a definite impact both on each other and on the sound development and redevelop- ment of the State and its regions. Further, the planning and construction of such services should be directly re- lated to each other and to a compre- hensive view of State development 71 objectives. This impact has created and will continue to create a need to undertake the task of achieving fuller coordination of the activities of the several State departments including the preparation of long range capital improvement programs. 3. Locai Assistanee. "Local, county, and regional planning assistance is a function of State Government and a vital aspect of State Planning. Such assistance should be provided as part of an overall continuing program of obtaining and considering inforb mation on local problems and trends in the growth and development of the State. There is also a vital need for stimulating, assisting and coordinating local, county, and regional planning activities as an integral part of State development planning to insure a permanent and continuing inter- action between and among various govern- mental activities."7 7New Jersey..Qrsaaiaeiiaa_aad_Prasr%siaf_iAs Division of State and Regional Planning, ivision of State and Regional Planning, New Jersey Department of Conservation and Economic Development, (Trenton: 1961). p. 5- 72 Summary To implement the legislative policy, the Division contains three Bureaus; Statewide Planning, Regional Planning, and Community Development. The Bureau of Statewide Planning is concerned with the preparation of a statewide development plan, capital improvement pro- gram, and integration of the activities of all agencies concerned with the physical development of the state through the Governor's Interdepartmental Committee for State Planning.8 Through this program, with legislative support, the Division has an annual budget of $544,000 and employs a staff of some 60 persons. Legielatiye Progpam in Tennessee Tennessee entered this era as one state with a state planning body operating continuously under the same enabling legislation of 1935. Having survived pre- carious post-World War II years, Tennessee's Commission had the staff and structure necessary to part-take of the Urban Planning Assistance grants. During this period the legislation has endorsed the work of the Commission, but it is still difficult or impossible for most legis- lators to conceive of statewide comprehensive planning. Action on the part of legislators has shown support 81bid., p. 6. 73 for local planning assistance and appropriations have not been affected by the fact there is no state plan. The appropriation has been protected and preserved against critics on occasion because a considerable number of legislators were acquainted with and happy about the Staff services rendered to the local Planning Commission in their home town or within their districts. Planning services to the municipalities and even the r counties, were something the legislators could observe, understand, and appreciate. However, during the more than two decades of the agency's existence, there has been no question from the legislature as to where is "The State Plan."9 . Planning recommendations made to the legislature seemingly have been approved or rejected on reasons other than the merits of planning. While the basic group of 1935 planning laws has remained, there are examples of recent legislation to demonstrate this point. The State Planning Commission developed a statewide plan for state parks in the early 1950's. The legislature agreed to some of the plan's proposals and for the past number of years, land has been acquired and parks developed in those general areas indicated in the parks 9Letter from Harold V. Miller, Executive Director, Tennessee State Planning Commission, February 15, 1963. 74 plan. On the other hand, a planning study delivered to the legislature in 1961 called for some state con- trols, state land acQuisition and development, cleaning up, and enhancing certain scenic highway areas, which the report broadly suggested could, if successful, point the way toward further action of this kind. The billboard and gasoline station lobbies protested in a legislative committee hearing so vigorously, the legislators failed to report the bill out of commlttee.lo While legislation introduced or supported by the State Planning Commission has been buried by influential lobby groups, legislation has also passed because of outside pressure. The Commission had recommended that under certain circumstances municipalities be given extra territorial zoning powers to extend the guidance and control of development to the urbanizing outskirts. A bill draft for this legislation was recOmmended to the legislature in 1949, 1951, 1953. 1955, and 1957 to no avail. The legislators suspected that the counties would have misgivings and therefore, simply did not bother to pass the bill. In the 1959 legislative session, the relatively powerful Municipal League recom- mended some amendments which the county officials would appreciate and then launched a lobbying effort. The bill passed handily. Ibid. 75 The 1957 legislative session provided an example of legislative understanding of planning. The 1935 enabling legislation for both county zoning and muni- cipal zoning was broadened in 1957 by the passage of a brief act to put flood plain zoning on a firm statutory foundation. The substance of the act reads "Special districts or zones may be established in those areas deemed subject to seasonal or periodic flooding and such regulations may be applied therein as will minimize danger to life and property and as will secure to the citizens of Tennessee the eligibility for flood insurance under Public Law 1016, 84th Congress, or subsequent related laws or regulations promulgated thereunder." In presenting this bill, the sponsors argued in both the House and the Senate to the general effect that the Federal Flood Insurance law would, when finally imple- mented, provide Federal underwriting of flood insurance but that such insurance would not be underwritten in those communities where flood plain zoning was not in effect. They quoted the Attorney General as expressing doubt regarding the adequacy of the Tennessee enabling legislation as it then stood, and argued that Tennessee taxpayers would help through Federal taxation to pay this subsidy involved in flood insurance, and that without appropriate flood zoning Tennessee would not be eligible for coverage under such insurance. The amendment passed with little or no opposition, but it is significant that 76 the legal and philosophichl questions of zoning con- trols over private property in flood plains were never debated on its merits." Summary The Tennessee State Planning Commission broadened its local assistance program by the use of matching funds provided for in Section 701 of the Housing Act of 1954. In Tennessee, two means were chiefly used to further state planning; providing local assistance thereby pro- viding state legislators with work they could observe, understand, and appreciate, and reports to the legis- lators for additional needed planning legislation. Conclusions In the 1950's, state planning developed as part of theaadministrative branch of government. The cone cept of a Commission composed in part with the citizen members was replaced by the concept of planning organized by the executive branch, the director serving at the pleasure of the Governor. Emphasis shifted from develop- ment of a state "master" plan to the advisory and coor- dinating function of state agencies. Final policy decisions for state development continued to rest with the legislature. Well organized state planning function "Ibid. 77 could therefore be utilized by the elected body to provide information necessary to make sound policy decisions. An illustration of the changing state planning concept is the 1955 Model State Planning Law issued by the National Municipal League.12 This model law super- ceding the earlier model laws by twenty years, recommends a strong planning director appointed by and serving at the pleasure of the governor. There is no Commission. The principle duties of a state planning office are to; harmonize its planning activities with the planning - ----4-I activities of state agencies and agencies of local and 5““... .. - ,, national government, provide planning assistance, and to ______ "mm“ , stimulate public interest and participation in the state's development. -12 p M del St te Plannin Law, National Municipal League, (New York: 1955). ' CHAPTER IV ANALYSIS OF FINDINGS Introduction This thesis has been an attempt to ascertain the role the state legislature has played in shaping state planning. Study of three states has shown the legis- latures have had a profound effect. .Planning has been legislatively supported or rejected for politically . expedient purposes. Legislative Roie in §pate Pianping Statewide comprehensive planning is difficult for most state legislators to conceive. Planning is part of an increasing movement to base government operation on a sound, rational basis of planning and implementing founded upon factual data. This approach differs from and is sometimes in conflict with the political framework of pressures within which a majority of state legislators operate.x State planning is a threat to the traditional power role state lawmakers have experienced. Forcing legislative decisions in a framework of facts rather than that of political pressures is basically foreign and unwanted. ,The state planning function receiving_most legislative 78 79 support was that of local planning assistanee. ”This was an activity frOm which legislators and local constituents could see results. State Planning, other than local assistance, as any state government activity is viewed by some at local levels of government as a means of state dominance. Legislators, most often identifying with their home districts, are often wary of any state policy that seemingly would reduce local authority. New Jersey's lack of wide regiOnal differentiation meant a majority of legis- lators represented districts having similar characteristics. This has been a major reason for the development of the state program in New Jersey. There is awareness in state administrative agencies and with increasing number of governors for a comprehensive approach based upon factual analysis and inventory to solving the states' development problems. Gaining legis- lative support and understanding is a primary goal toward this end. The legislature, constitutionally, is the state's poiicy maker. ~When considering its future role in state planning, the legislature's limits must be recognized. These limits include:' 1. The all important task of gathering enough reliable information on major issues is not 1Many of these points are taken from, Anton, Thomas J., "The Legislature, Politics, and Public Policy, 1959," Rutgepe Law Review, XIV, No. 2, p. 273. 3. 5. 80 an easy one for a deliberative body meeting for a few weeks a year. Many legislatures have attempted to remedy this problem by use of advisory commissions or interim legislative com- mittees. TheIeg,ppe nature of the com- missions and the limited appointment of the committees makes the formula- tion of long-range policy difficult. Most legislators have full-time occupa- tions in addition to their legislative membership. Even assuming the gathering of adequate information and its distri- bution to members of the legislature, it is highly questionable whether 1egis- lators can devote the time necessary to a proper determination of policy in the increasingly complex problems arising each year. Members of both legislative houses are elected from districts. Legislators find it easy and profitable to concentrate their attention on bills suggested by district interests or calculated to be popular with those interests. The legislator's interest in proposals of broad impact, such as state planning, tends 81 to be discouraged by possibility of alienating votes potentially useful to him. Intra-state differences means that many major legislative proposals intending uniform application through? out the state are likely, if passed, to have varied impact benefiting some areas but harming others. Often a legis- lator who introduces anything more than insignificant legislation creates the risk of rising animosity toward all his bills, regardless of importance, simply because of the one bill that adversely affects the interests of one or more districts. 6. There are few state legislators in state capitols, rather there are many district representatives. These representatives, while producing local or special interest legislation, are reluctant to meet state- wide problems. Redistricting and increasing urban populations in many states will change this pattern as the social and economic structure of legislative districts become more homogeneous. State planning legislation has been passed because; it was initiated through a governor who had the ability to 82 make it easy for legislators not to oppose his program; constituents in legislative districts wanted the state to take advantage of national grant programs for planning; legislators felt the legislation would not adversely affect them or their influence. Unfavorable state planning legislation was passed when it was requested by the governor; when legislators, constituents, or pressure groups were dissatisfied with possible results, or when there was an aftermath of protest against national programs. When planning occurs in the state framework, it must be developed by the executive. The governor is the only elected official whose constituency is statewide. For planning to be continuous and beneficial to the state, it must have more support than that of one man. Whereas state officials are elected for two, four, or six year terms, planning often does not have any immediate results that legislators can see or electorially benefit from. The governor must build a program which will provide bene- fits to legislative constituencys and which will do so in a way to minimize friction between legislative districts. Past studies of state planning have emphasized that the organization for planning must be an integral part of the administrative structure of state government advisory to 83 the chief executive.2 These studies have failed to consider the legislative support needed at the initiation and implementation stages of planning. Only with legis- lative approval can a satisfactory state planning agency be established. The responsibility for the final selection and determination of public policies rest with the legis- lature. Its members are elected for short terms so that they will be immediately directly sensitive to the people's wishes. Implementation of state planning recommendations involving state expenditures must be approved by politically powerful House Ways and Means Committee. Legislative support is necessary for a successful state planning function. Legielative Underetanding The interest of legislators in state planning may be considered in three areas; enabling legislation, func- tions of a state planning agency, and organization of a state planning agency with special emphasis on its rela- tion to the legislature. Enabling legislation for state planning has often been introduced into the legislature having been written by an administrative assistant based on a suggested or "model" act. Planning legislation at the state level must 2"State Planning: Its Function and Organization," Report of the Committee on State Planning, American Insti- tute of Planners, Journal of the A.I.P., XXV, No. 4, (Novem- ber, 1959), p. 211; also, Plannin Services for State Govern- ment, Council of State Governments, (Chicago: 1953). P. 42. 84 meet the needs of the individual state. Geographic, governmental, social, and economic differences in and between states makes it difficult to use model legis- lation for anything but the broad principles. The American Institute of Planners' Interim Report of the Planning-Policy Committee on Enabling Legislation, issued in 1963,reported in its findings that there is a virtual void of attention to urban planning at the state level, with few notable exceptions.3 There is a recOgnized need and support for urban planning from certain elected and career government employees. However, legislative support has not existed to any great degree. For planning at the state level to be successful, it must be organized to meet unfulfilled needs of administrative, executive, and legislative personnel. Functions, powers and duties of state planning agen- cies have been detailed in enabling legislation. Enabling law should include the principles of state planning and what it is to accomplish rather than articulate detailed functions. Establishment of broad objectives and princi- ples does not bind the planning agency or chief executive to a program that may require future changes. Early New Jersey legislation listed specific duties and consequently these duties have been revised or amended frequently. The 3American Institue of Planners, Interim Report of the Planning-Policy Committee on Planning Enabling Legislation, (Washington: April, 1963), p. 11. 85 first change to the Tennessee State Planning Commission was the development of a state plan. There is yet no state plan. By detailing the functions, duties, and powers in the enabling legislation processes become frozen and lacks the ability to change so necessary with evolving situations, but impossible without new legislation. The difficulty in. achieving new legislation often precludes any change at all. Enabling law, by allowing room for experimentation, evolu- tion, and choice may thus be more suitable for state planning. gafgswpgfinpfliusfunetioua should include the following; fact gathering and analysis, policy formation, planning suggested alternative courses of action, capital improve- ments programs, assisting operating departments and agencies, assistance to local planning agencies, and delineating areas of responsibility for municipal, township, county, and regional planning bodies in relation to the state. State planning must be organized to be an integral ‘ part of government. As the chief executive is the one official with a statewide interest and administrative . departments will be most closely involved in the planning process, state planning must be a part of the executive branch, either in the office of the governor or co-equal with the budget office in an integrated Department of Administration finance. Planning should not be part of a special-interest department such as economic development or conservation. Policies of such departments may run 86 counter to those of the best interest of the state as a whole. Planning must consider the total spectrum of the state without departmental has. The governor would appoint the planning director. Ideally, this man should be trained in urban planning and be knowledgeable of state planning and government. Other staff members would be civil service employees. . Other characteristics of state planning requires A interdepartmental responsibilities and coordination of effort. For these reasons, it is suggested that an inter- departmental state planning advisory committee be estab- lished. The committee would consist of heads of major state departments such as administrative, conservation, highway, economic development, agriculture, and public health. This committee would serve as a means of coordinp ating state departments and state planning. Relationship between the state planning agency and legislature must be provided. Work of the planning agency needs legislative sanction in two stages; policy formula- tion and policy implementation. The policy formulation stage is that part of the state planning process consisting of defining goals, the setting of priorities, and the phasing of programs for the state's physical development.4 "Andrews, Elton R., "Comment on the A.I.P. State Planning Committee's Report, Journa of Amer an In titute of Planners, XXV, No. 4, (November, 1959), p. 215. / \ 'c .5 l: i 5 87 In a real sense, the state plan is a "state policies plan" for physical development, Legislative members , should be consulted during this stage for opinions and ( advice. Theoretically the legislature is the policy making body for the state. In actual experience, most state legislators do not rationally determine policy in advance for legislative session. Consulting with them may serve tormake legislators aware of the benefits of establishing policies for future courses of action. Any written or unwritten legislative policies can be deter- mined by those responsible for planning. The success of the plan's implementation may greatly be enhanced by legkiative understanding. The powerful House Ways and Means Committee must approve all requests for state spending. This body has traditionally been and will likely continue to be jealous of any attempts to wrest power from it. Therefore, any programs of planned spending must be approved by the House. Increased aware- ness by legislators of state planning may aid in the implementation of the state plan. It is suggested that this state planning working relationship with the legislature be accomplished through the establishment of a legislature research council or committee. A majority of state legislatures have estab- lished continuing agencies to assist them in development of public policy. Legislative councils are composed of legislators providing a close working relationship with 88 the governor. These are essentially permanent joint legislative committees that meet periodically between sessions to consider policies expected to confront the next legislative session. The councils usually have research staffs. The research staff should work closely with staff members of the state planning agency. State planning agency personnel might be assigned to the research staff for short periods of time. The staff develops compre- hensive research reports on problems facing the legislature. In some states it outlines major policy questions, prepares long and short range courses of action, and suggests alter- native solutions for particular problems.5 The interim committee consists of legislators appointed to review developments or establish policy between legislative sessions. This approach may be used in states where research councils have not been established. Establishment of a legislative council or committee for state planning will provide the frameworkiin which the state planning agency may work with the legislature. It will provide a communications network between both bodies. Although the state planning function must be placed in the executive branch, important legislative support can be developed to insure the success of the planning program. 5flanning Serviees for State Gevernmente, oc. cit., 89 Conclusion Urban planners are concerned with comprehensive planning for the physical development of land areas. They are therefore involved in planning at the state level. Significant items that have influenced state planning include: 1. 2. 3. 5e Past attempts at state planning have been assisted by national government. State planning if it is to be supported with state appropriations must satisfy not only long range objectives, but the immediate results demanded by state legislators and other elected officials. State planning programs must be designed to meet the needs of individual state. There can be no "model" program. State legislators have not been actively involved in the drafting of state planning legislation. In their consideration of state planning legislation, most legislators have been influenced by the believed effect that pro- posed legislation would have on their home district; wishes of the executive; and pressures within the state to adopt legis- lation to permit acceptance of grants-in- aid from national government. 9. 10. 11. 90 In Michigan, the state planning commission was abolished. During its existence the commission never gained a favorable working relationship with the legislators, governor or state departments. The New Jersey and Tennessee planning programs received the support of the legis- lators because of local assistance given in their home districts. A majority of legis- 1ators are not " state" legislators but district legislators interested in the best, immediate-result programs for their district. There are a few examples of state planning studies from other states to exhibit, there- fore making statewide comprehensive planning difficult for most legislators to conceive. In view of legislator's regional viewpoint, it may be well to consider a decentralized state planning program dividing the state into regions and regional agencies with state coordination and assistance. The urban planner must become aware of the political functioning of state government. To receive support of elected state officials, planning must work with elected state officials. Legislative support for state planning is l2. 13. 91 needed at the time of action on the enabling legislation, policy formation, and policy implementation. Legislative support can best be gained through working with the legislature, being aware of legislative policies, and fnfnrming the legislature of state planning developments. Establishment of a legislative research council or committee for planning would be one method of maintaining needed communication between the state planning agency and legislators. BIBLIOGRAPHY Books Council of State Governments, Planning Services for State Government. Chicago: Council of State 'Governmentsl9567 Guess, Eleanor Keeble, The Fipst Flipeen Yeare. Knoxville: The University of Tennessee, 1949. National Municipal League, Model State and Regional Planning Act. New York: National Municipal League, 1955. Simon, Herbert A., Smithburg, Donald W., and Thompson, Victor A., Public Administration. New York: Alfred A. Knopf, 1950. Articles and Periodicals Andrews, Elton R., {Comment on the AIP State Planning Cimmittee's Report, ‘"Journal of the American Institute of Planners, XXV, (November, 1959), 215'- 21 e Anton, Thomas J. "The Legislature, Politics, and Public Policy: 1959. "Rutgers Law Review, XIV, (Winter, 1960), 269-289.. Buck, A. E., "A New Look_at the States," National Municipal Review, IVIV, (February, 1955). 72-75. Clark, J. W., "State Planning'and Industrial Development Agencies, "State Government, XXIX, (September, 1956), 173-176. "Planning Services for Stat Governme t " State Govern- . ment,XXIX, (October, 1956), 199-201. Gimre, Gerald, "Interrelationships of Regional and State Planning in Theory and Practice, "The Planners Journal, III, (1937). 142-145. 92 93 Gray, Aelred J., "Survey of State Planning Agencies, 1960," Journal of the Amer can Institute of Pla er , XXVII, (November, 1961), 325-331. Miller, Harold V., "State Planning and Development,’ Tinnessee Style," State Goveppment, XXIII, (1950), 1 9, .. Planning, 1245, Part II,"Proceedings of a Discussion Conference on State Planning Problems," American Society of Planning Officials, (Chicago: 1945). "State Planning, Its Function and Organization," Committee on State Planning, American Institute of Planners, Journal of the American Institute of Planners, XXV, (November, 1959),207-213. Steiss, Alan, "Three Decades of State Planning," Jereey Plans, XI, No. 3 (l960)_9-11. . Reoopts and Pamphlets American Institute of Planners. Planning Enabling Legis- lation. An Interim Report Prepared by the Planning Policy Committee. Washington: American Institute of Planners, 1963. Michigan State Planning Commission, Work of the Michigan Planning Commission Through Thirteen Yeape, Lansing: Michigan State Planning Commission, 1947. Michigan Department of Economic Expansion, The Urban Planning Assistance Program in Michigan: 1260- 1953, A Status Report, Lansing: Michigan Depart- ment of Economic Expansion, 1963. Tennessee State Planning Commission, Tennessee Planning Legislation, 1935-1961, Nashville: Tennessee Statef Planning Commission, Publication No. 319, March, 1902. New Jersey Division of State and Regional Planning, Organi- zation and Program of the Division of Steps and Regional Planning, Trenton: Department of Conserva- tion and Economic Development, 1962. ROOM USE omv MICHIGAN STQTE UNIV. LIBRQRIES llll I 1 312931043 9482