H. B. 2474


(By Delegates Amores, Coleman and Cann)
[Introduced March 11, 1997; referred to the
Committee on Government Organization.]




A BILL to amend chapter thirty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article fifteen-c, relating to creation of the division of permit assistance within the economic and development authority; establishing guidelines for streamlining the permit process for developers.

Be it enacted by the Legislature of West Virginia:
That chapter thirty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article fifteen-c, to read as follows:
ARTICLE 15C. DIVISION OF PERMIT ASSISTANCE
§31-15C-1. Division of permit assistance created; guidelines for establishing an expedited development permit process.
(a) There is created within the West Virginia economic and development authority the division of permit assistance. The division shall develop guidelines to provide technical assistance to counties and municipalities in establishing and operating an expedited development permit process. The guidelines shall include, but not be limited to, the following elements of a local permit process:
(1) A central contact point with a public agency where all permit applications can be filed and information on all permit requirements can be obtained;
(2) A referral process to:
(A) Refer the applicant to the appropriate functional area for resolution of problems and fulfillment of requirements;
(B) Refer the applicant to local governments within the county in whose sphere of influence the proposed project lies for review, comment or imposition of condition permits;
(C) Assign an individual from the local government to be responsible for guiding the application through all local permit bodies.
(3) A master permit document that covers permits for all functional areas and which could be used for obtaining the approvals of the various functional areas.
(4) A method of tracking progress on various permit applications, which may include identifying a staff person responsible for monitoring permits.
(5) A determination as to completeness of the master permit document upon its submission and a written statement of any specific information that is missing.
(6) Timetables for action on individual permits.
(7) An expedited appeal process to ensure fair treatment to the applicant using existing agencies, staffs, commissions or boards where possible.
(8) Any administrative mechanisms that will describe the least costly approaches for implementation in a variety of local circumstances. In developing the guidelines, local variations in population rate of growth, types of proposed development projects, geography and differences in local government structure shall be recognized.
(b) The guidelines established by the division pursuant to this section shall be advisory in nature. These guidelines do not constitute a mandate upon the counties or municipalities to take any of the actions contained herein.
§31-15C-2. County and municipalities to designate a single entity for coordination of permit process; fees allowed.
Every county and municipality shall designate a single administrative entity to coordinate the review and decision-making process and to provide information regarding the status of all applications and permits for residential, commercial and industrial development. The county or municipality may charge fees to defray expenses which are directly attributable to the costs associated with the implementation of this section.
For purposes of this section, "administrative entity" means a person or agency designated by the county or municipality to coordinate the review and decision-making process and provide information regarding the status of all required permits or applications.
A county or municipality may adopt, by resolution or ordinance, procedures for the implementation of this section.
§31-15C-3. Permit applicant may request consolidated approval process; review of consolidated process by department; report to Legislature required; termination of section.
At the request of an applicant, the administrative entity may coordinate the review and decision-making process with the affected special districts and the administrative entity or entities designated by any other county or municipality with whose jurisdiction application for approval of the development is also being made in order to provide consolidated and concurrent processing within those jurisdictions.
The division shall evaluate the extent to which this section has resulted in an expedited development permit process and shall report its findings and conclusions to the Legislature on or before the first day of January, one thousand nine hundred ninety-nine.
This section shall have no application or effect on and after the first day of January, two thousand.
§31-15C-4. Technical assistance and grants-in-aid to counties and municipalities; autonomy of county or municipality in establishing expedited permit process; precedence of conflicting provisions.
The division shall provide technical assistance and, subject to availability of funds appropriated, grants-in-aid, to assist counties and municipalities in establishing an expedited permit process pursuant to section two of this article. Any city or county receiving a grant shall enact an expedited permit process within ten months of the date of receipt. Nothing in this section or in section two of this article precludes a county or municipality from establishing an expedited permit process pursuant to a procedure established by that county or municipality.
In all cases the process established by the county or municipality shall prevail over conflicting provisions of the guidelines.
§31-15C-5. Information dissemination; streamlining and coordination of all state agency permit processes by the division; division to mediate disputes. The division shall provide information to developers explaining the permit approval process at the state and local level.
The division shall ensure that all state agencies comply with applicable requirements of this article.
The division may call a conference of parties to resolve questions or mediate disputes arising from permit applications on any proposed development project.
The division shall assist state and local agencies in streamlining the permit approval process at the state and local level.
§31-15C-6. Development of consolidated project information and application forms for state agencies, counties and municipalities; consultation with the division of environmental protection required; procedure for permits required by state agencies; fee allowed subject to rulemaking procedures.
(a) The division, in consultation with the division of environmental protection shall develop a consolidated project information form which may be used by applicants for development projects. This form shall provide sufficient information to allow each state agency, department, commission, board or other administrative division within an agency, to determine whether or not the project will be subject to its permit requirements.
(b) Applicants for development projects may submit the form provided by subsection (a) of this section to the division for distribution to state agencies which have permit responsibilities for development projects. The division shall send copies of the form to these agencies within three days of receipt.
(c) Within thirty days of receipt of the form, each agency shall notify the division in writing whether or not a permit from that agency may be required. The agency shall then send the division the appropriate permit application forms.
(d) Within fifteen days of receipt of the completed form from the agencies, the division shall notify the applicant for a development project in writing of any permits required for the project specified, and shall send the applicant the appropriate permit application forms received from state agencies.
(e) The division, in consultation with the division of environmental protection, shall develop a consolidated project application form which may be used by applicants for development projects. The application form shall contain sufficient information to allow state agencies, departments, commissions, boards and other administrative divisions within the agencies, to act on a permit for the project.
(f) Each state agency may develop its own consolidated project application form which may be used by applicants for development projects. The application form shall contain sufficient information to allow the agency and any department, commission, board and other administrative division within that agency to act on a permit.
(g) The division, in consultation with county and municipal governments, shall develop a consolidated project application project application form which may be used by applicants for development projects. The application form shall contain sufficient information to allow local agencies to act on a permit for the project and shall allow for any additional informational needs of local agencies.
(h) The division may charge a fee to an applicant for a development project. The fee may not exceed the estimated reasonable cost of providing the services performed pursuant to this section. Before levying or changing fee, the division shall propose legislative rules, subject to legislative approval, pursuant to the chapter twenty-nine-a of this code.



NOTE: The purpose of this bill is to create a division of permit assistance within the West Virginia Economic and Development Authority. The division has as its purpose streamlining the permit process for developers of residential, commercial and industrial projects. The division is directed to coordinate and consolidate the process, conferring with and utilizing state agencies, departments, commissions, boards and other administrative divisions within the agencies, as well as counties and municipalities.

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