ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 501
(Senators Fanning, Kessler, Foster, Bailey, Wells and McKenzie, original
sponsors)
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[Passed March 6, 2008; in effect ninety days from passage.]
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AN ACT to amend and reenact §20-13-3, §20-13-4, §20-13-5 and §20-
13-6 of the Code of West Virginia, 1931, as amended, all
relating to the Stream Partners Program; and eliminating
provisions relating to the Stream Partners Program Fund.
Be it enacted by the Legislature of West Virginia:
That §20-13-3, §20-13-4, §20-13-5 and §20-13-6 of the Code of
West Virginia, 1931, as amended, be amended and reenacted to read
as follows:
ARTICLE 13. WEST VIRGINIA STREAM PARTNERS PROGRAM.
§20-13-3. West Virginia Stream Partners Program created; executive
committee identified; program coordination.
Subject to annual appropriation of the Legislature, the
program shall be jointly administered by the Division of Natural
Resources, the Department of Environmental Protection, the Division
of Forestry and the West Virginia State Soil Conservation Agency. The director, secretary or commissioner of each of these
administering agencies, or his or her designee, collectively
constitute an executive committee to oversee the program. The
Governor shall designate a member of the executive committee to
serve as chair. The committee may designate a staff member from
the existing staff of one of the administering agencies to
coordinate the program on behalf of the executive committee. .
§20-13-4. Stream Partners Program.
The West Virginia Stream Partners Program shall provide
grants to groups comprised of representatives located in the
immediate area of the stream or streams being addressed that are
dedicated to achieving the purpose stated in section two of this
article. The grants shall be awarded by consensus of the executive
committee in accordance with legislative rules promulgated by the
Department of Environmental Protection pursuant to article three,
chapter twenty-nine-a of this code. Each grant shall be matched by
the group of representatives with cash or in-kind services in, at
least, an amount equal to twenty percent of the grant:
Provided,
That no grant shall exceed the amount of five thousand dollars.
§20-13-5. Grant qualifications.
In order to qualify for grants from the West Virginia Stream
Partners Program, a group of representatives located in the
immediate area of a stream or streams which qualify under section
two of this article shall apply to the executive committee in
accordance with the following requirements and in accordance with
any other provision of this article or any applicable rule. The application shall:
(a) Identify the stream or streams to be restored, protected,
utilized or enhanced;
(b) Identify the representatives of groups applying for funds
and the financially responsible entity to receive funds, all from
the geographic area immediately surrounding the stream or streams.
These identified individuals shall represent the general public,
industry, environmental groups, sportsmen, forestry, agriculture,
local government, tourism, recreation and affected landowners, all
located in the geographic area immediately surrounding the stream
or streams;
(c) Demonstrate an ability to achieve, within the grant year,
a specific improvement project that enhances the identified stream
or streams; and
(d) Evidence a commitment to educate the citizens in the area
of the identified stream or streams about the benefits of
restoring, protecting and enhancing the stream or streams in a
responsible manner.
§20-13-6. Administering agency support.
The administering agencies may provide staff and other
resources as necessary to address the technical assistance and
administrative needs of the West Virginia Stream Partners Program
. This support may include the utilization of resources and
formulation of policies to achieve the purpose set forth in section
two of this article.