West Virginia Code
1 - DIVISION OF CULTURE AND HISTORY
1A - COMMISSION ON UNIFORM STATE LA
1B - COMMISSION ON INTERSTATE COOPE
1C - INTERSTATE COMMISSION ON THE P
1D - OHIO RIVER VALLEY WATER SANITA
1E - SOUTHERN STATES ENERGY COMPACT
1F - WHEELING CREEK WATERSHED PROTE
1G - INTERSTATE COMPACT ON AIR POLL
1H - APPALACHIAN STATES LOW-LEVEL R
1I - VOLUNTARY VETERANS MEMORIAL CH
1J - JENNINGS RANDOLPH LAKE PROJECT
2 - GEODETIC AND GEOLOGICAL SURVEY
2A - STATE AERONAUTICS COMMISSION
2B - WEATHER MODIFICATION
3 - FIRE PREVENTION AND CONTROL ACT
3A - AUTHORITY OF LOCAL FIRE DEPART
3B - SUPERVISION OF ELECTRICIANS
3C - CERTIFICATION OF ELECTRICAL IN
3D - SUPERVISION OF FIRE PROTECTION
3E - FIREWORKS SAFETY
4 - NOTARIES PUBLIC AND COMMISSIONE
4A - DEPARTMENT OF PUBLIC WELFARE
5 - BUREAU OF NEGRO WELFARE AND STA
5A - STATE ATHLETIC COMMISSION
6 - CIVIL SERVICE SYSTEM
6A - GRIEVANCE PROCEDURE FOR STATE
7 - POET LAUREATE
8 - BLENNERHASSETT ISLAND HISTORICA
9 - INDUSTRIAL AND PUBLICITY COMMIS
10 - STATE PLANNING BOARD
11 - SURPLUS PROPERTY AGENCY
12 - STATE INSURANCE
12A - GOVERNMENTAL TORT CLAIMS AND
12B - WEST VIRGINIA HEALTH CARE PR
12C - PATIENT INJURY COMPENSATION
12D - WEST VIRGINIA PATIENT INJURY
13 - ECONOMIC DEVELOPMENT AGENCY
14 - STATE COMMISSION ON AGING
15 - STATE COMMISSION ON INTELLECT
16 - DEPARTMENT OF PERSONNEL
17 - THE WEST VIRGINIA ARTS AND HU
18 - WEST VIRGINIA STATE RAIL AUTH
19 - SOLICITATION OF CHARITABLE FU
20 - WOMEN'S COMMISSION
21 - PUBLIC DEFENDER SERVICES
22 - STATE LOTTERY ACT
22A - RACETRACK VIDEO LOTTERY
22B - LIMITED VIDEO LOTTERY
22C - WEST VIRGINIA LOTTERY RACETR
23 - WEST VIRGINIA BOUNDARY COMMIS
24 - TECHNOLOGY-RELATED ASSISTANCE
25 - AUTHORIZED GAMING FACILITY
26 - WEST VIRGINIA COURTHOUSE FACI
27 - NATIONAL COAL HERITAGE AREA A
28 - COAL HERITAGE HIGHWAY AUTHORI
29 - VOLUNTEER FOR NONPROFIT YOUTH
30 - EMERGENCY VOLUNTEER HEALTH PR
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.
ARTICLE 31. STATE RESILIENCY AND FLOOD PROTECTION PLAN ACT.
(a) This article may be known and cited as the “Resiliency and 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 fifty-two years, more than two hundred and eighty-two West Virginians have died in floods;
(3) Between January 1996 and January 2017, there have been twenty-seven federal disaster declarations in West Virginia involving flooding; and
(4) In June 2016 much of West Virginia suffered devastating flooding.
(5) 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 resiliency and flood protection planning program to save lives, and develop community and economic resiliency plans including, but not limited to, reducing or mitigating flood damage while supporting economic growth and protecting the environment.
(a) The State Resiliency Office is hereby created. The office shall be organized within the Development Office in the Department of Commerce as the recipient of disaster recovery and resiliency funds, excluding federal Stafford Act funds, and the coordinating agency of recovery and resiliency efforts, including matching funds for other disaster recovery programs, excluding those funds and efforts under the direct control of the State Coordinating Officer designated by the Governor for a particular event. The State Resiliency Office Board is also established and shall consist of the following eight members: the Secretary of the Department of Commerce or his or her designee; 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 State Conservation Agency or his or her designee; the Secretary of the Department of Military Affairs and Public Safety or his or her designee; the Secretary of Transportation or his or her designee; the Adjutant General of the West Virginia National Guard or his or her designee; and the Director of the Division of Homeland Security and Emergency Management within the Department of Military Affairs and Public Safety or his or her designee.
(b) The Secretary of the Department of Commerce shall be the chair of the State Resiliency Office Board. In the absence of the chair, any member designated by the members present may act as chair.
(c) The board shall meet no less than once each calendar quarter at the time and place designated by the chair. All decisions of the board shall be decided by a majority vote of the members.
(d) The chair shall provide adequate staff from their respective office, to ensure the meetings of the board are properly noticed, meetings of the board are facilitated, board meeting minutes are taken, records and correspondence kept and that reports of the board are produced timely.
The State Resiliency Office, through its board may:
(1) Serve as coordinator of all economic and community resiliency planning and implementation efforts, including but not limited to flood protection programs and activities in the state;
(2) Annually review the state flood protection plan and update the plan no less than biannually;
(3) Recommend legislation to reduce or mitigate flood damage;
(4) Report to the Joint Legislative Committee on Flooding at least quarterly;
(5) Catalog, maintain and monitor a listing of current and proposed capital expenditures to reduce or mitigate flood damage or other resiliency efforts;
(6) Coordinate planning of flood projects with federal agencies;
(7) Improve professional management of flood plains;
(8) Provide education and outreach on flooding issues to the citizens of this state;
(9) Establish a single web site integrating all agency flood information;
(10) Monitor federal funds and initiatives that become available for disaster recovery and economic and community resiliency;
(11) Pursue additional funds and resources to assist not only with long term recovery efforts but also long term community and state wide resiliency efforts;
(12) Coordinate, integrate and expand planning efforts in the state for hazard mitigation, long-term disaster recovery and economic diversification;
(13) Coordinate long-term disaster recovery efforts in response to disasters as they occur;
(14) Establish and facilitate regular communication between federal, state, local and private sector agencies and organizations to further economic and disaster resilience; and
(15) Take all other actions necessary and proper to effectuate the purposes of this article.
(a) The chair of the board of the State Resiliency Office shall report, at a minimum of quarterly, to the Joint Legislative Committee on Flooding, created pursuant to article fifteen, chapter four of this code, in sufficient detail for the committee to be aware of the activities of the board to assure progress toward reducing and mitigating flood damage within this state while respecting and complying with the Takings Clause of the United States Constitution, the West Virginia Constitution, and related precedential court opinions, and to develop legislative recommendations.
(b) The chair of the council shall submit an annual report to the committee by December 31 of each year, along with any recommended legislation, budget requests and a summary of the activities of the board for the previous year.