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Introduced Version Senate Bill 7 History

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

Senate Bill No. 7

(By Senator Bailey)

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[Introduced January 9, 2008; referred to the Committee on Natural Resources.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §29-29-1, §29-29-2, §29-29-3, §29-29-4, §29-29-5 and §29-29-6, all relating to state flood protection planning; providing legislative findings; defining terms; establishing the State Flood Protection Planning Council and providing certain duties; establishing State Flood Protection Planning Advisory Committee and providing its duties; and requiring reporting to the Joint Legislative Oversight Commission on Water Resources.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §29-29-1, §29-29-2, §29-29-3, §29-29-4, §29-29-5 and §29-29-6, all to read as follows:
ARTICLE 29. FLOOD PROTECTION PLANNING ACT.
§29-29-1. Short title; legislative findings; purpose.
(a) This article may be known and cited as the "Flood Protection Planning Act."
(b) The West Virginia Legislature finds that:
(1) Flooding has affected each of the fifty-five counties and thirty-two major watersheds within the state;
(2) Over the past forty years, more than two hundred fifty West Virginians have died in floods;
(3) Between January, one thousand nine hundred ninety-six, and September, two thousand four, there have been sixteen federal disaster declarations in West Virginia involving flooding for a total cost to the Federal Emergency Management Agency of five hundred million dollars; and
(4) Despite the many state and federal flood protection programs and projects, flooding continues to be West Virginia's most common and widespread natural disaster.
(c) It is the purpose of this article to provide a comprehensive and coordinated statewide flood protection planning program to save lives and reduce or mitigate flood damage while supporting economic growth and protecting the environment.
§29-29-2. Definitions.
For purposes of this article:
(1) "Advisory Committee" means the State Flood Protection Planning Advisory Committee; and
(2)"Council" means the State Flood Protection Planning Council.
§29-29-3. State Flood Protection Planning Council.
(a) The State Flood Protection Planning Council is established. The council consists of five members: The Director of the Division of Natural Resources or his or her designee; the Secretary of the Department of Environmental Protection or his or her designee; the Executive Director of the West Virginia Conservation Agency or his or her designee; the Secretary of the Department of Military Affairs and Public Safety or his or her designee; and the Secretary of Transportation or his or her designee.
(b) (1) The council shall designate one of its members in rotation to be chair for a term of two years. In the absence of the chair, any member designated by the members present may act as chair.
(2) The Executive Director of the West Virginia Conservation Agency or his or her designee is designated as the temporary chair and he or she shall call the members together for an organizational meeting on or after the effective date of this article.
(c) The council shall meet no less than quarterly at the time and place designated by the chair. All decisions of the council shall be decided by a majority vote of all the members.
§29-29-4. Powers and duties.
The council:
(1) Serves as coordinator of all flood protection programs and activities in the state;
(2) Annually reviews the state flood protection plan and updates the plan no less than biannually;
(3) Recommends legislation to reduce and mitigate flood damage;

(4) Reviews and implements recommendations of the advisory committee;
(5) Reports to the Legislative Oversight Commission on Water Resources at least quarterly;
(6) Catalogs, maintains and monitors a listing of current and proposed capital expenditures to reduce and mitigate flood damage;
(7) Coordinates planning of flood projects with federal agencies;
(8) Improves professional management of floodplains;
(9) Provides education and outreach on flooding issues to the citizens of this state;
(10) Establishes a single website integrating all agency flood information; and
(11) Takes all other actions necessary and proper to effectuate the purposes of this article.
§29-29-5. State Flood Protection Planning Advisory Committee; members; meetings; duties.

(a) The State Flood Protection Planning Advisory Committee is established. The purpose of the advisory committee is to create a comprehensive group of state and federal agencies working together to assist the council in the performance of its duties as stated in section four of this article.
(b) The members of the advisory committee shall be appointed by the council for their technical and policy expertise and experience in flooding issues and include a representative of each of the following agencies: U.S. Army Corps of Engineers, Natural Resources Conservation Service, National Weather Service, U.S. Geological Survey, Federal Emergency Management Agency, West Virginia Division of Forestry, West Virginia Department of Environmental Protection, West Virginia Division of Highways, West Virginia Development Office, West Virginia Division of Natural Resources, West Virginia Housing Development Fund, West Virginia Insurance Commission, Division of Homeland Security and Emergency Management, West Virginia Board of Risk and Insurance Management and West Virginia Bureau for Public Health. Two members of the advisory committee shall be floodplain managers. One member shall be from the West Virginia Association of Counties. One member shall be from the West Virginia Municipal League. Two members shall represent public or nonprofit organizations.
(c) The advisory committee shall elect a chair from its membership for a term of two years. The advisory committee shall meet regularly at the time and place designated by the chair or by call of a majority of the advisory committee members. All decisions of the advisory committee are made by a majority vote of the members.
(d) The chair of the advisory committee may appoint subcommittees, prescribe their jurisdiction and designate a subcommittee chair.
§29-29-6. Joint Legislative Oversight.
(a) The Joint Legislative Oversight Commission on Water Resources shall oversee the council.
(b) The expenses of the commission are to be approved by the Joint Committee on Government and Finance and paid from legislative appropriations.
(c) The chair of the council shall report to the commission
no less than quarterly on the status of all comprehensive and coordinated statewide flood protection planning activities and proposed legislative recommendations. The chair of the council shall submit an annual report to the commission by the thirty-first day of December each year.


NOTE: The purpose of this bill is to establish the State Flood Protection Planning Council to coordinate flood protection programs and review and update state flood protection plan. The bill also establishes the Legislative Oversight Commission on Flooding.

This article is new; therefore, strike-throughs and underscoring have been omitted.
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