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Introduced Version Senate Bill 176 History

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Key: Green = existing Code. Red = new code to be enacted


Senate Bill No. 176

(By Senator Rowe)

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[Introduced January 11, 2002; referred to the Committee

on Economic Development.]

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A BILL to amend and reenact sections one, two, three, four, five, six and ten, article twenty-five, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to providing that the governor reorganize regional councils for planning development; updating certain terms in accordance with current circumstances and vernacular; providing for developing policies for heritage preservation and tourism business development; providing for assisting watershed associations, soil conservation districts, scenic highway promotion groups and nonprofit organizations; requiring that due consideration be given for planning along highway corridors in the state; providing that delineated regions may overlap; including "towns" and "communities" in the required statement of the governor prior to certification of areas in a region; providing the governor may enlarge areas or may reduce areas on certain conditions; providing that members of the public may participate in determining the formation of regions; and providing that regional councils may share staff with other regional councils and agencies of government pursuant to mutual agreement.

Be it enacted by the Legislature of West Virginia:
That sections one, two, three, four, five, six and ten, article twenty-five, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted, all to read as follows:
ARTICLE 25. INTERGOVERNMENTAL RELATIONS -- REGIONAL PLANNING AND DEVELOPMENT.

§8-25-1. Legislative findings and purposes.
The Legislature hereby finds and declares that as a result of changes in the economy, population shifts, new transportation demands and increasing demands for public services, and as a result of increasing complexity in government programs and added demands on public revenues, there is a need to plan comprehensively for the future development of West Virginia and to provide for the efficient management of limited public revenues for the purpose of promoting the orderly development of the state and harmonizing the development of the state's governmental, social, economic, environmental and physical resources, while maintaining acceptable levels of public services and facilities toward the end of promoting the general health, safety and welfare of all its citizens. The Legislature further finds that the responsibility for planning and development rests with the governor of the state, as the state's chief planning officer. The Legislature hereby further finds and declares that problems of growth and development so transcend the boundary lines of governmental units that no single unit can plan for the solution of these problems without affecting other units of government; that intergovernmental cooperation on a regional basis is an effective method to approach common planning and development problems and to seek more efficient and economical solutions to common problems of local government; and that assistance of the state is needed to make the most effective use of local, state, federal and private resources and funding in serving the citizens of all the state and of such regions; and the Legislature further finds that any assistance provided by the state for the purpose of this article is for the benefit of all its citizens and for a public purpose.
It is, therefore, the purpose of this article to delegate to the governor, the responsibility for planning and development in order to: (1) Achieve the objectives and policies necessary for the orderly growth of economic and tourism business and development of the state; (2) facilitate intergovernmental cooperation; and (3) designate regions and provide for the creation of regional planning and development councils; all being hereby declared to be public purposes.
§8-25-2. Definitions.
The following terms, wherever used or referred to in this article, shall have the following meanings unless a different meaning clearly appears from the context:
(a) "Comprehensive planning" shall mean the process of: (1) Assessing, within a geographic an economic and tourism business development area, the needs and resources of the area; (2) formulating goals, objectives, policies and standards to guide its long-range governmental, social, economic, environmental and physical development; and (3) preparing plans and programs therefor which: (A) Identify alternative courses of action and the spatial and functional relationships among the activities to be carried out thereunder; (B) specify the appropriate ordering in time of such the activities; (C) take into account other relevant factors affecting the achievement of the desired development of the area; and (D) provide an overall framework and guide for the preparation of functional and project development plans.
(b) "Development" shall mean the process of implementing, carrying out, effectuating, administering or otherwise performing the activities, processes, steps or operations as necessary to meet the comprehensive planning goals, objectives, programs and plans formulated, accepted, adopted or approved as a result of comprehensive planning.
(c) "Region" shall mean means a specific geographic area consisting of at least one county or two or more contiguous counties in which a one or more regional council councils may exercise authority and powers in accordance with the provisions of this article.
(d) "Regional council" shall mean means a regional planning and development council established pursuant to the provisions of this article.
§8-25-3. Powers and duties of governor generally.
The governor, as chief executive officer of the state, shall be responsible for planning and development of the state's governmental, social, health, economic, environmental and physical resources. In executing this responsibility, the governor shall:
(1) Prepare, revise and update state development plans which he or she shall, at least annually, submit to the Legislature. Such plans shall identify and stress statewide goals, objectives and opportunities, giving appropriate consideration to regional council and local governmental plans; and shall include, but not be limited to, population and economic analysis; appraisals of the state's natural resources; general land use policies; policies for housing and urban development; transportation policies; policies for heritage preservation and tourism business development; policies for health services; manpower programs; employment opportunities; education; law enforcement; environmental protection and other programs; projection of needs for public facilities, recreation and open space; and policies for intergovernmental relations and governmental organization: Provided, That once a regional plan is submitted to the governor by a regional council for his or her consideration in preparing, revising or updating a state plan, the governor shall have a period of sixty days from the date such the regional plan is received by him or her within which to specify in writing to the regional council his or her objection or objections to such the regional plan, and if no such objection or objections are so specified, then such the regional plan shall become a part of the state plan being prepared, revised or updated; and if any such objection or objections are so specified, the regional council shall have a period of sixty days from the date of receipt of such the specification within which to modify its regional plan or otherwise respond to such the objection or objections and, thereafter, the governor shall, in preparing, revising or updating a state plan, give such consideration to such the original regional plan, modified regional plan or other response of the regional council, as the case may be, as he or she deems considers appropriate;
(2) Advise and consult with regional councils and regional and local planning agencies in developing state development plans and studies;
(3) Facilitate the coordination of planning and development activities of all state departments, agencies and institutions; local governments; regional councils; and other public and private agencies within the state;
(4) Review local, areawide and state applications for planning and development assistance;
(5) Review and appraise the progress of state government in achieving the goals and objectives set forth in the state development plans;
(6) Monitor and coordinate the state's participation in federal and state aid programs and be responsible for liaison with the appropriate federal and state agencies; and be responsible for all federal programs which require the designation of responsible state agencies, if no other state agency has heretofore been legally designated;
(7) Assist local governments, regional councils, watershed associations, soil conservation districts, scenic highway promotion groups and other public bodies or nonprofit community organizations in obtaining federal, state or other available funds and services;
(8) Facilitate state and local capital improvement projects to meet the requirements of industrial and socio-economic development in various governmental units within the state;
(9) Provide professional and technical assistance and make information available to regional councils, watershed associations, soil conservation districts, scenic highway promotion groups, nonprofit community organizations, and local governments within the state; and be responsible for receiving and disseminating information regarding federal grant assistance within the state; and
(10) Apply for and accept advances, grants, contributions and other forms of assistance from the state or federal government or from any private or public agencies or foundations, to carry out the provisions of this article.
§8-25-4. Delineation of regions and recommendations of governor thereon; publication of statement fixing regional boundaries; public hearings; certification of regional boundaries; change in boundaries.

(a) Within sixty days after the effective date of this article, the governor shall define and recommend for the purposes of this article regional boundaries embracing each municipality and county within the state with due consideration of planning along highway corridors of the state.
(b) In delineating boundaries areas of the regions, the governor shall consider such factors as the regional councils in existence at the time of passage of this act and the units of local government shall express by proper resolution, including regional economic and tourism business development, heritage preservation and tourism business development, regional community history, recreational and other interests and diversity interest and homogeneity; geographic features and natural boundaries areas of planning; patterns of communication, and transportation, technology and commerce; patterns of urban and rural development; uniformity of social and economic problems; special problems, boundaries areas of existing metropolitan and other regional and substate planning and administrative areas; and utility of the proposed boundaries areas for efficient provision of governmental services. Municipalities shall may not be divided when forming a region. except insofar as it is necessary to keep multicounty municipalities within a region. Areas may overlap when appropriate to accomplish the purposes of this article.
(c) The governor shall, within six months after the effective date of this article, certify to the secretary of state the boundaries areas of each region.
(d) Not less than sixty days prior to the certification of the boundaries areas of any region, the governor shall cause a statement setting forth identifying the counties, towns, communities and areas to be included within the boundary area of the proposed region to be published as a Class I-0 legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for such the publication shall be the proposed region. The governor shall forward a copy of the statement to the principal executive officer or officers of each municipality and county located within the proposed region.
(e) Prior to the time that the governor shall certify the boundaries areas of a region, he or his the governor or his or her designee shall conduct at least one public hearing at a convenient place within the proposed region. The governor shall advertise the meeting by means of a Class I-0 legal advertisement in compliance with the provisions of said article three, and the publication area for such the advertisement shall be is the proposed region. All public and private organizations located in, and all individuals residing in, municipalities, or counties, or communities within or adjacent to the proposed region shall be permitted to appear and testify on matters pertaining to its boundaries areas.
(f) At Any time following the certification of the boundaries areas of any region, the governor may enlarge or reduce change such boundaries the areas: Provided, That any reduction in area shall be made pursuant to the criteria and procedures set forth in subsections (b), (c), (d) and (e) of this section.
§8-25-5. Formation of regional councils; purpose; receipt of funds and assistance; effect on interstate planning commissions and other existing organizations.

(a) The governor shall provide for an organizational meeting of each of the regional councils within sixty days after his or her certification pursuant to section four of this article. He or she shall notify the president of each county court commission and the mayor of each municipality of the region of the time and place of such the meeting. The official so notified shall attend this meeting or shall designate a representative. In the case of the county court commission, another member of the court commission shall be the designee or, in the case of a municipality, a member of the governing body of such the municipality shall be is the designee. Those present shall constitute a quorum and shall select a temporary chairman and secretary and shall provide for a subsequent meeting or meetings at which time the members provided for in section six of this article shall be is nominated and elected and the permanent organization and bylaws established. Members of the public and representatives of interested groups may speak on the issues of the business of the organizational meeting.
(b) Each regional council formed pursuant to this article shall fulfill the purposes of development regions and shall be eligible to receive state funds and technical assistance in accordance with the provisions of this article.
(c) (1) Nothing herein contained shall in any way limit or restrict the powers, duties and responsibilities of planning bodies organized under article twenty-six of this chapter relating to interstate planning commissions.
(2) Interstate planning commissions in existence on the effective date of this article are hereby designated as the planning and development councils for the region, insofar as the West Virginia member counties of such interstate planning commissions are concerned, and such the commissions shall be are empowered to act as the planning and development councils for such the regions insofar as the West Virginia member counties are concerned.
(3) When additional West Virginia counties are added, under the provisions of this article, to such interstate planning commissions, their membership in such the commissions shall comply, insofar as the West Virginia counties are concerned, with the council membership requirements of this article.
(4) Regional councils or commissions established under this article and article twenty-six of this chapter may, at the option of the county courts commissions of the participating West Virginia counties, continue to have all the powers, duties and responsibilities permitted and required under said article twenty-six, in addition to the powers, duties and responsibilities provided herein for regional councils.
(5) State regional councils or commissions and their corresponding boundaries areas in existence on the effective date of this article, which were established under the former provisions of this article, and any nonprofit corporation in existence on the effective date of this article, which was established under chapter thirty-one of this code and pursuant to section eighteen, article five, chapter seven of this code and which has had in its employ a full-time paid executive staff for a period of no less than six months immediately prior to the effective date of this article, may be designated by the governor as planning and development regions and regional councils. Such The designation shall be is made within sixty days after the effective date of this article. Regional councils so designated shall have a period of six months from the date of designation to comply with the membership structure required by this article. Nothing herein contained shall be is construed to deprive such the existing state regional councils of their legal authority prior to the expiration of the aforementioned six-month period.
§8-25-6. Membership, organization, etc., of regional council; executive committee; officers and personnel.

(a) All municipalities and all counties within the region shall be represented on the regional council. The county representative shall be the president of the county commission or a member of the county commission designated by him or her. The municipal representative shall be the mayor or a member of the governing body designated by him or her. The number of members of the regional council by virtue of this subsection shall comprise not less than fifty-one percent of the total number of members.
(b) Regional council members serving by virtue of subsection (a) of this section shall select additional members to serve on the council to represent principal community or regional interests, including, but not limited to, commerce, tourism, heritage preservation, recreation, music, arts, entertainment, banking, industry, labor, agriculture, education, health, watershed and any such interests as may be required by federal law or regulations. The selection of such the members shall also provide for reasonable representation of geographic, economic, cultural, and ethnic and other interested groups without exclusion of significant minority groups. Subsequent changes in the designation of representatives shall be determined by the regional council. The number of members serving by virtue of this subsection shall not exceed forty-nine percent of the total number of members.
(c) Each regional council shall select from its membership a chairman president, who shall preside at each council meeting, and an executive committee which shall be comprised of one representative from each county commission and one representative from the largest municipality within each county in the region and such any other members as the aforesaid representatives may select, but such the other members so selected shall may not constitute more than forty-nine percent of the total membership of the executive committee. The executive committee shall perform such the administrative duties as are prescribed by the regional council in its bylaws and shall exercise the review function provided for in section nine of this article. Each regional council may further provide for such any other officers as it shall deem consider necessary and may establish other committees which may include citizens who are not regional council members.
(d) Each regional council shall establish personnel rules and shall appoint a director who shall be qualified by reason of training interest, energy and experience. The director shall be is empowered to appoint and remove other employees in accordance with the regional council's personnel rules. He or she may, with the approval of the executive committee, enter into agreements with other regional councils and/or public agencies involved in governmental agencies within the region and in adjacent regions for the use or sharing of personnel, equipment and facilities.
(e) Whenever When a person associated with a public utility or bank any organization, business or other enterprise has a conflict of interest between the council and that public utility or bank entity, or when any other member of the council has a direct pecuniary interest in a question before the council, then he or she must recuse himself or herself from any vote, discussion or other activity associated with the council or its members that creates creating the conflict of interest.
§8-25-10. Cooperation of regional council and other planning or development agencies, governmental units and officials.

(a) To effectuate the purposes of this article, regional councils shall cooperate and collaborate and may share staff pursuant to agreements by the parties, with each other and with planning agencies or development agencies within the region or within other regions, with the governing bodies and administrative officials of any municipality, county or any other political subdivision in order to coordinate or collaborate in planning and development for the cooperating counties and further to enhance and coordinate planning and development along the highway corridors of the state. including those
(b) Regional councils shall cooperate and collaborate with similar councils and entities in other states, or with any other entity, private or public, whose interests are in harmony with the purposes of this article, in order to coordinate and harmonize planning and development for the cooperating units and, further to enhance and coordinate planning and development along the highway corridors leading to and in this state.
(c)
All state departments and agencies shall cooperate with regional councils established under this article and shall make available for the studies conducted by such the councils, reports, data and other informational and technical assistance within financial and personnel limitations.
(d) Each regional council may appoint such committees or members to joint committees and may adopt such rules and regulations as may be proper to effect such the coordination and integration, and staffing agreements where approved. The governing bodies and administrative officials of municipalities, counties and other political subdivisions within this state are hereby empowered and authorized to cooperate and collaborate and may share staff as may be agreed to with such planning and development agencies and with the governing bodies and administrative officials of state agencies and political subdivisions and planning and development agencies of this state, and to cooperate with similar agencies and bodies in other states for the purpose of such coordination, collaboration and integration in accordance with the provisions of this article.


NOTE: This bill would have the governor reorganize the regional planning council. They would continue existing duties relating to planning and development and they would expressly be directed to plan for regional development and tourism business development including development based upon heritage preservation. Regional councils would cooperate and collaborate with similar organizations and government entities of the state. The regional councils would work with and assist watershed associations, soil conservation districts, scenic highway promotion groups and nonprofit community organizations. Due consideration of planning along highway corridors of the state would be required. Delineated regions may overlap. The governor may enlarge areas and reduce them pursuant to legal notice and procedures but need not vote on them. Regional councils may share staff with other regional councils and agencies of government pursuant to mutual agreement.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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