I. – On 1 January 2016, a public establishment for intercommunal cooperation with its own tax status, with special status, called the Greater Paris metropolis, is created, bringing together:
1° The commune of Paris;
2° All the communes of the départements of Hauts-de-Seine, Seine-Saint-Denis and Val-de-Marne;
3° The communes of the other départements of the Ile-de-France region belonging on 31 December 2014 to a public establishment for inter-communal cooperation comprising at least one commune of the départements of Hauts-de-Seine, Seine-Saint-Denis and Val-de-Marne and whose municipal council has deliberated favourably before 30 September 2014 ;
4° Any commune in continuity with at least one commune meeting the conditions set out in 2°, whose municipal council has deliberated favourably before 30 September 2014, on condition that two-thirds of the communes of the public inter-communal cooperation establishment with its own tax system to which it belongs representing at least half of the population or half of the communes representing two-thirds of the population of the public inter-communal cooperation establishment with its own tax system have not opposed it by deliberation before 31 December 2014 ;
5° All the municipalities that are members of the same public inter-municipal cooperation establishment with its own tax authority within the perimeter of which airport infrastructures are located or that have been the subject of an attachment order to this establishment issued by the State representative in the department or departments concerned on the date of promulgation of the loi n° 2015-991 du 7 août 2015 portant nouvelle organisation territoriale de la République, and of which at least two-thirds of the municipal councils of the municipalities concerned representing more than half of the population or at least half of the municipal councils of the municipalities concerned representing at least two-thirds of the population have voted in favour within one month of this promulgation. However, if an airport infrastructure is located within the boundaries of several public establishments for inter-municipal cooperation with their own tax status, the communes can only join if the necessary qualified majorities are met in all the public establishments comprising at least two communes hosting airport infrastructures within their territory.
A decree establishes the boundaries of the metropolis and sets the address of its headquarters. It designates the public accountant of the metropolis.
All subsequent modifications relating to the address of the registered office, the designation of the public accountant or the transfer of additional powers are pronounced by decree of the representative of the State in the Ile-de-France region under the conditions provided for in articles L. 5211-17 and L. 5211-20.
The Greater Paris metropolitan area is constituted with a view to defining and implementing metropolitan actions to improve the living environment of its inhabitants, to reduce inequalities between the territories of which it is composed, to develop a sustainable urban, social and economic model, the means of improved attractiveness and competitiveness for the benefit of the entire national territory. The Greater Paris metropolitan area is developing a metropolitan project. Residents are involved in its development in the ways determined by the metropolitan council on the proposal of the development council.
This metropolitan project defines the general guidelines of the policy conducted by the Greater Paris metropolitan area. It contributes to the implementation of the master plan for the Ile-de-France region. It includes a general, social, economic and environmental analysis of the metropolitan area, strategic guidelines for the development of the metropolis and priority areas for action. The metropolitan project may be drawn up with the support of Grand Paris Aménagement, the Atelier international du Grand Paris, urban planning agencies and any other useful structure.
II. – The Greater Paris Metropolis is subject to Chapter VII of this Title I, subject to the provisions of this Chapter. It automatically exercises, in place of its member municipalities, the following powers:
1° From 1 January 2017, in terms of metropolitan spatial planning:
a) Drawing up the territorial coherence plan; defining, creating and carrying out development operations of metropolitan interest mentioned in Article L. 300-1 of the town planning code; urban restructuring actions of metropolitan interest; actions to enhance the natural and landscape heritage; constitution of land reserves of metropolitan interest;
b) Elaboration of a metropolitan digital development plan, under the conditions provided for in the first and fourth paragraphs of article L. 1425-2 du présent code. The Greater Paris metropolitan area and the public bodies that have drawn up territorial digital development master plans mentioned in the same article L. 1425-2 coordinate in order to draw up a coherent digital development strategy for their common territory;
2° As of 1 January 2017, with regard to local housing policy:
a) Local housing programme or document in lieu thereof;
b) Housing policy; financial aid for social housing; actions to promote social housing; actions to promote housing for disadvantaged people;
c) Improvement of the built housing stock of metropolitan interest, rehabilitation and elimination of substandard housing of metropolitan interest;
d) Creation, development, maintenance and management of reception areas for travellers and family rental sites defined in 1° to 3° of II of article 1 of law no. 2000-614 of 5 July 2000 relating to the reception and housing of Travellers;
3° Repealed;
4° In terms of economic, social and cultural development and planning:
a) Creation, development and management of industrial, commercial, tertiary, craft, tourist, port or airport activity zones of metropolitan interest;
b) Economic development actions of metropolitan interest;
c) Construction, development, maintenance and operation of major cultural and sporting facilities of international or national dimension;
d) Participation in the preparation of bids for major international cultural, artistic and sporting events hosted on its territory.
The exercise of the competences provided for in this 4° takes into account the guidelines defined in the strategic documents drawn up by the regional council;
5° With regard to the protection and enhancement of the environment and living environment policy:
a) Combating air pollution;
b) Combating noise pollution;
c) Supporting actions to control energy demand;
d) Drawing up and adopting the territorial climate-air-energy plan in application of Article L. 229-26 of the Environment Code, consistent with national targets for the reduction of greenhouse gas emissions, energy efficiency and the production of renewable energy, as well as the action plan for the reduction of atmospheric pollutant emissions provided for in 3° of II of the same Article L. 229-26;
e) Management of aquatic environments and flood prevention, pursuant to Article L. 211-7 of the same code.
When the exercise of the competencies mentioned in this II is subject to the recognition of their metropolitan interest, this is determined by deliberation of the council of the metropolis by a majority of two-thirds of its members, no later than two years after the creation of the Greater Paris metropolis or two years after the date mentioned in 2° of this II for competencies relating to local housing policy. Until this deliberation, and at the latest until the expiry of the two-year period mentioned in the first sentence of this paragraph, these powers are exercised, under the same conditions, by the territorial public establishments within the boundaries of the public establishments for intercommunal cooperation with their own tax status existing on 31 December 2015 or by the municipalities not belonging to any public establishment for intercommunal cooperation with their own tax status on 31 December 2015. On expiry of the two-year period and in the absence of a deliberation, the metropolis shall exercise all the competences transferred.
The economic development actions of the metropolis shall take into account the guidelines defined by the regional council.
III. – The member municipalities of the Greater Paris metropolitan area may transfer some of their powers to the metropolitan area under the conditions set out in Article L. 5211-17. For the application of the same Article L. 5211-17, the majority conditions required are those provided for in II of Article L. 5211-5.
IV. – Repealed.
V. – The Greater Paris metropolitan area defines and implements action programmes to combat air pollution and promote the energy transition, in particular by improving the energy efficiency of buildings and promoting the development of renewable energies and that of public action for sustainable mobility.
The Greater Paris metropolitan area is responsible for ensuring the coherence of electricity, gas, heating and cooling distribution networks. In consultation with the relevant authorities concerned, it draws up a master plan for the metropolitan energy distribution networks, the aim of which is to ensure that they complement each other, particularly for the application of article L. 712-2 of the Energy Code. This plan is drawn up taking into account the provisional programmes for the electricity and gas distribution networks mentioned in the third paragraph of I of Article L. 2224-31 of this code, as well as the master plans for the development of public heating or cooling networks.
A consultative commission is created between the Greater Paris metropolitan area, the municipality of Paris, any syndicate exercising the competence mentioned in the second paragraph of IV of the same article L. 2224-31 totally or partially included within the perimeter of the metropolitan area, as well as the municipalities, public establishments for inter-municipal cooperation and inter-municipal syndicates exercising project management of heat networks within the territory of the metropolitan area. The commission’s remit is to coordinate the actions of its members in the field of energy, to ensure that their investment policies are consistent and to facilitate the exchange of data. It examines the draft master plan for the metropolitan energy distribution networks mentioned in the second paragraph of this V, prior to its adoption.
The commission comprises an equal number of delegates from the metropolis and representatives from the syndicates. Each syndicate has at least one representative.
It is chaired by the president of the metropolis or his representative and meets at least once a year, at the initiative of its president or at least half of its members.
A member of the consultative commission, appointed from among the representatives of the metropolis, is associated with the representation of the unions at the departmental conference mentioned in the third paragraph of I of the said article L. 2224-31.
The Greater Paris metropolis draws up a metropolitan housing and accommodation plan. This plan is compatible with the master plan for the Ile-de-France region and takes into account the regional housing and accommodation plan for Ile-de-France. It takes the place of the local housing programme and, as such, pursues the objectives set out in article L. 302-1 of the French Construction and Housing Code. It defines the main guidelines for social rental housing allocation policies within the territory it covers. It also includes a multi-annual programme for the creation and renovation of reception places and associated services to promote the integration of homeless people and the most vulnerable populations.
Within three months of the transmission of the deliberation initiating the preparation procedure, the representative of the State in the region shall bring to the attention of the Greater Paris metropolitan area all the relevant information as well as the objectives to be taken into account in terms of housing diversity, balanced distribution of the different types of housing, renewal of the housing stock and increase in the number of housing units and accommodation places for the application of the third paragraph of IV of the same Article L. 302-1.
The draft plan, adopted by the Greater Paris Metropolitan Council, is sent to the municipalities and territorial councils, which have a period of two months in which to make their opinions known. In the light of these opinions, the Greater Paris Metropolitan Council deliberates again on the draft and forwards it to the representative of the State in the region, who has a period of three months in which to make his opinion known. Within this timeframe, the latter submits it to the regional housing committee for its opinion. In the event of an unfavourable opinion or reservations expressed by the regional housing and accommodation committee, or if the State representative considers that the draft metropolitan housing and accommodation plan does not meet the objectives of balanced and diversified distribution of the housing supply, renewal of the housing stock and increase in the number of housing units and accommodation places required, the State representative may send reasoned requests for amendments to the Greater Paris metropolitan authority, which will deliberate on the matter.
The metropolitan housing and accommodation plan is approved by the council of the Greater Paris metropolitan area. The published deliberation approving the plan becomes enforceable two months after its transmission to the State representative. If, within this timeframe, the State representative notifies the President of the Greater Paris Metropolitan Council of the requests for modifications, mentioned in the ninth paragraph of this V, that he deems necessary to make to the plan, the plan does not become enforceable until the deliberation making the requested modifications has been published and transmitted to the State representative.
The council of the Greater Paris metropolitan area will deliberate at least once a year on the state of implementation of the metropolitan housing and accommodation plan and its adaptation to changes in the social or demographic situation.
The Greater Paris metropolitan area communicates an assessment of the implementation of the metropolitan housing and accommodation plan three years and six years after its approval to the representative of the State in the region and to the regional housing and accommodation committee for their opinion.
At the end of a period of six years from its approval, the council of the Greater Paris metropolitan area, taking into account the assessment mentioned in the twelfth paragraph of this V, deliberates on the appropriateness of revising this plan. It may be revised at any time under the same conditions.
To implement the metropolitan housing and accommodation plan, the Greater Paris metropolitan area carries out development and housing programmes. It may ask the State to grant it, by decree in the Conseil d’Etat, derogatory powers for the creation and realisation of concerted development zones and the issue of town planning authorisations.
The Greater Paris metropolitan area may also propose to the State, for the realisation of housing construction and renovation programmes or the facilities required for such housing, to initiate a project of general interest procedure. The proposal is adopted by the council of the Greater Paris metropolitan area and forwarded to the State representative in the department concerned.
The State may make the State’s public development establishments available to the Greater Paris metropolitan area.
V bis. – The State may transfer, at the request of the Greater Paris metropolitan area, the ownership, development, maintenance and management of major facilities and infrastructures. These transfers are carried out free of charge and do not give rise to the payment of any compensation or tax, nor any salary, rights or fees.
The transfer is authorised by decree. An agreement concluded between the State and the Greater Paris metropolitan area specifies the terms and conditions of the transfer.
VI. – In order to promote the construction of new housing, the rehabilitation of old housing and the elimination of substandard housing, the State may delegate, by agreement, at the request of the Greater Paris metropolitan area, once it has an enforceable metropolitan housing and accommodation plan, the powers mentioned in 1° and 2° of this VI :
1° Without possible dissociation:
a) The allocation of aid for social rental housing, intermediate housing and in favour of rent-to-own and the notification of beneficiaries, the granting of the specific authorisations provided for in articles L. 441-2 et L. 631-12 of the Code de la construction et de l’habitation and, by delegation from the Agence nationale de l’habitat, the allocation of aid for private housing and the signing of the agreements mentioned in article L. 321-4 of the Code de la construction et de l’habitation;
b) The management of social surveillance, reception, accommodation and housing support for any homeless person or family experiencing particular difficulties in accessing housing due to the unsuitability of their resources or living conditions, in compliance with articles L. 345-2-2 et L. 345-2-3 of the Code de l’action sociale et des familles, as well as the financing of the bodies and schemes that contribute to it, mentioned in 8° of I of Article L. 312-1 and in Articles L. 322-1 and L. 345-2 of the same code and to articles L. 365-1, L. 631-11 et L. 633-1 of the Construction and Housing Code;
2° Without possible dissociation:
a) The guarantee of the right to decent and independent housing mentioned in the preliminary chapter of the preliminary title of Book III of the Construction and Housing Code and in Articles L. 441-2-3 and L. 441-2-3-1 of the same code;
For applicants living within the perimeter of the Greater Paris metropolitan area recognised, at the time this authority is delegated, as having priority pursuant to article L. 441-2-3-1 of the aforementioned code, the State will continue to pay the proceeds of the penalty payments to the Fonds national d’accompagnement vers et dans le logement institué en application de l’article L. 300-2 of the same code;
b) The delegation of all or part of the reservations from which the State representative in the department benefits pursuant to article L. 444-1 of the said code, with the exception of housing reserved for State employees and military personnel;
The powers delegated pursuant to a and b of 2° of this VI, as well as those delegated pursuant to b of 1° relating to the social assistance provided for in article L. 345-1 of the Social Action and Family Code for reception in the organisations mentioned in 8° of I of Article L. 312-1 of the same code are exercised by the President of the Metropolitan Council.
The powers delegated in application of 1° and 2° of this VI are exercised in the name and on behalf of the State.
This delegation is governed by an agreement concluded for a renewable period of six years. It may be terminated by the representative of the State in the département at the end of a three-year period if the results of its execution are insufficient in relation to the objectives defined by the agreement. It may also be terminated by the Greater Paris metropolitan authority, within the same timeframe, if the State’s commitments are not met.
At the end of the six-year period, it may be extended for a period of one year, by amendment, if the Greater Paris metropolitan authority has an enforceable metropolitan housing and accommodation plan or, if it does not, if it has taken a decision initiating the preparation of such a plan. This extension may be renewed once under the same conditions.
VII. – The State may delegate, at the request of the Greater Paris metropolitan authority, once it has an enforceable metropolitan housing and accommodation plan, all or part of the following powers:
1° The implementation of the requisition procedure with assignee provided for in chapitre II du titre IV du livre VI du code de la construction et de l’habitation ;
2° (repealed)
3° The issue to low-income housing bodies of approvals for the disposal of housing provided for in articles L. 443-7, L. 443-8 and L. 443-9 of the said code and located in mainland France.
The powers delegated pursuant to 1° to 3° of this VII are exercised in the name and on behalf of the State. They are in addition, where applicable, to the competences delegated in application of VI and are governed by the same agreement.
The Greater Paris metropolitan area proposes to the State and the territorial authorities a plan for the rationalisation of the development tools and trade unions operating within its territorial jurisdiction.