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Chapter 29     Entire 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

31 - STATE RESILIENCY AND FLOOD PR
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CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.

ARTICLE 31. STATE RESILIENCY AND FLOOD PROTECTION PLAN ACT.

§29-31-1. Short title; legislative findings; purpose.

(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.

§29-31-2. State Resiliency Office.

(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.

§29-31-3. Authority of State Resiliency Office; authority of board.

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.

§29-31-4. Reporting to the Joint Legislative Committee on Flooding.

(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.

Note: WV Code updated with legislation passed through the 2017 Regular Session
The West Virginia Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.


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