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SB269 SUB1 Senate Bill 269 History

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

WEST virginia legislature

2018 regular session

Committee Substitute

for

Senate Bill 269

By Senators Carmichael (Mr. President) and Prezioso

(By Request of the Executive)

[Originating in the Committee on Government Organization; Reported on February 23, 2018]

 

 

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-8-1, §5B-8-2, §5B-8-3, §5B-8-4, §5B-8-5, §5B-8-6, §5B-8-7, §5B-8-8, §5B-8-9, and §5B-8-10, all relating to establishing the 2018 Regulatory Reform Act; creating short title; providing purpose; defining terms; permitting persons to petition for projects to be classified as projects of critical economic concern by Development Office; setting timeline for Development Office to render written decision; identifying nonexclusive factors for Development Office to consider when rendering decision; providing for issuance of certificate of critical economic concern; providing for expiration of certificate; permitting extension of time for expiration; directing person to file the certificate with appropriate state agency with licensing or permitting authority at the time application is filed; permitting person to file certificate with any political subdivision with licensing or permitting authority at the time application is filed; requiring state agency give priority to applications accompanied by certificate of critical economic concern; providing for written reports; providing a schedule for those reports; providing for contents of written reports; providing for recipients of written reports; clarifying that certificates of critical economic concern are not waiver of any element, rule, regulation, or statute upon which license or permit is issued or granted; clarifying that certificates of critical economic concern do not guarantee that license or permit will be issued by state agency; authorizing agencies to adopt expedited permit fee; requiring state agency establish schedule by which review of expedited permit shall be completed; requiring schedule and fee to be set in legislative rules; requiring refund of expedited fee if decision not made within timeframe for expedited review; directing state agencies to complete review of all permit applications in as expeditious a manner as possible; establishing reporting by executive director of Development Office to report to the Governor and the Joint Committee on Government and Finance regarding the effects of the article; and granting the Development Office procedural rule-making authority to implement the provisions of this article.

Be it enacted by the Legislature of West Virginia:


ARTICLE 8.  2018 REGULATORY REFORM ACT.

§5B-8-1. Short title.

This article shall be known, and may be cited, as the "2018 Regulatory Reform Act".


§5B-8-2. Purpose.

The purpose of this article is to provide a mechanism for business and industry to secure any necessary licenses or permits, without waiving the lawful conditions of the license or permits, in an expeditious manner as possible.


§5B-8-3. Definitions.

As used in this article, the following words and phrases shall have the meanings given to them in this section unless the context clearly indicates otherwise:

“Development Office” means the West Virginia Development Office established pursuant to the provisions of §5B-2-1 et seq. of this code.

“Executive director” means the Executive Director of the West Virginia Development Office established pursuant to the provisions of §5B-2-2 of this code.

"Permit" means, for the purposes of this article only, any contract, license, permit, certificate, or other regulatory authority of any kind to conduct business in this state.

“Person” means any natural person, company, corporation, partnership, or any type of business entity.

“Project of critical economic concern” means an undertaking designated by the executive director to be significant, in its operational stage, by its ability to enhance, promote and encourage business, commerce, and industry in West Virginia and to stimulate jobs and relieve underemployment and unemployment in West Virginia.

“State agency” means any office, department, board, commission, bureau, division, authority, public corporation, agency, or instrumentality of this state.


§5B-8-4. Classification as project of critical economic concern.

(a) A person may apply to the Development Office and request that his or her project be classified as a project of critical economic concern through a process to be established by the Development Office.

(b) The Development Office shall render a written decision on the request within 45 days of the filing and receipt of the request. When rendering a decision, the Development Office shall consider the following non-exclusive factors:

(1) The potential economic impact of the project in West Virginia;

(2) The potential impact of the project on the creation of jobs in West Virginia; and

(3) The project’s ability to enhance, promote, and encourage business, commerce, and industry in West Virginia.

(c) If the project is found to be a project of critical economic concern, the Development Office shall issue a certificate of critical economic concern.

(d) A certificate of critical economic concern expires two years from the date of issuance, but may be extended for an additional period of two years at the discretion of the executive director.


§5B-8-5. Filing of certificate for a project of critical economic concern.

(a) A person shall file the certificate of critical economic concern with the appropriate state agency that has licensing or permitting authority over the project at the time the necessary license or permit application required for the project is filed.

(b) A person may file the certificate of critical economic concern with any political subdivision that has licensing or permitting authority over the project at the time the necessary license or permit application required for the project is filed.


§5B-8-6. Permit action by state agencies for projects of critical of economic concern.

(a) This section shall only apply to projects that have been issued a certificate of critical economic concern from the Development Office.

(b) Upon receipt of an application accompanied by a certificate of critical economic concern, the state agency shall give priority to that project in the handling and processing of permit applications.

(c) Within 30 days of the submission of a complete license or permit application, the state agency shall render a written report on the status of the complete license or permit application. The report shall contain information that will enable the person to make a sound business decision as to whether to continue to pursue the license or permit. The report shall be sent to the license or permit applicant and the executive director.

(d) If a decision has not been made regarding the permit application within three months of submission of the application, the state agency shall render a written report on the status of the permit application. Such written report shall be provided each month thereafter to the to the license or permit applicant, the appropriate cabinet secretary, executive director: Provided, That beginning six months after the submission of the application, the written report shall also be provided to the Governor.


§5B-8-7. Certificates of critical economic concern not a waiver or guarantee.

(a) The issuance and filing of a certificate of critical economic concern does not operate to waive any element, rule, regulation, or statute upon which the license or permit is issued or granted.

(b) The issuance and filing of a certificate of critical economic concern does not guarantee that a license or permit will be issued or granted by the state agency.


§5B-8-8. Expedited completed permit application review.


(a) For those projects not designated a project of critical economic concern, a state agency may establish an expedited permit fee to cover the costs of expeditious review of a permit application and a schedule by which the review of the expedited permit shall be completed.

(1) Any state agency establishing an expedited permit fee shall propose rules for legislative approval in accordance with §29A-3-1 et seq. of this code to establish the amount of the fee and the schedule by which the review of the expedited permit shall be completed.

(2) If, at the end of the timeframe established by the state agency, a decision has not been made on issuance of the permit, the state agency shall refund, in full, to the applicant any expeditated permit fee collected at the time of the filing of the completed permit application.

(b) Notwithstanding the issuance of a certificate of critical economic concern from the Development Office or the payment of an expedited permit fee, a state agency shall complete a review of a permit application in as expeditious a manner as possible without compromising the integrity of the state agency’s analysis of the application.

§5B-8-9. Reporting requirements.

The executive director shall prepare and submit a report to the Governor and the Joint Committee on Government and Finance on or before November 1, 2019, and November 1 each year thereafter, on the provisions of this article and shall specifically outline whether, in his or her professional opinion, the goals and duties required by this article are being accomplished.


§5B-8-10. Rulemaking authority.


The Development Office shall promulgate procedural rules in accordance with §29A-3-1 et seq. of this code to implement the provisions of this article.

 

 

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

 

 

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