SENATE
HOUSE
JOINT
BILL STATUS
WV CODE
REPORTS
EDUCATIONAL
CONTACT
home
home

West Virginia Code

Search

Chapter 29     Entire Code


ARTICLE 1. DIVISION OF CULTURE AND HISTORY.

ARTICLE 1A. COMMISSION ON UNIFORM STATE LAWS.

ARTICLE 1B. COMMISSION ON INTERSTATE COOPERATION.

ARTICLE 1C. INTERSTATE COMMISSION ON THE POTOMAC RIVER BASIN.

ARTICLE 1D. OHIO RIVER VALLEY WATER SANITATION COMMISSION.

ARTICLE 1E. SOUTHERN STATES ENERGY COMPACT.

ARTICLE 1F. WHEELING CREEK WATERSHED PROTECTION AND FLOOD PREVENTION DISTRICT COMPACT.

ARTICLE 1G. INTERSTATE COMPACT ON AIR POLLUTION.

ARTICLE 1H. APPALACHIAN STATES LOW-LEVEL RADIOACTIVE WASTE COMPACT.

ARTICLE 1I. VOLUNTARY VETERANS MEMORIAL CHECK-OFF PROGRAM.

ARTICLE 1J. JENNINGS RANDOLPH LAKE PROJECT COMPACT.

ARTICLE 2. GEODETIC AND GEOLOGICAL SURVEY.

ARTICLE 2A. STATE AERONAUTICS COMMISSION.

ARTICLE 2B. WEATHER MODIFICATION.

ARTICLE 3. FIRE PREVENTION AND CONTROL ACT.

ARTICLE 3A. AUTHORITY OF LOCAL FIRE DEPARTMENTS.

ARTICLE 3B. SUPERVISION OF ELECTRICIANS.

ARTICLE 3C. CERTIFICATION OF ELECTRICAL INSPECTORS.

ARTICLE 3D. SUPERVISION OF FIRE PROTECTION WORK.

ARTICLE 3E. FIREWORKS SAFETY.

ARTICLE 4. NOTARIES PUBLIC AND COMMISSIONERS.

ARTICLE 4A. DEPARTMENT OF PUBLIC WELFARE.

ARTICLE 5. BUREAU OF NEGRO WELFARE AND STATISTICS.

ARTICLE 5A. STATE ATHLETIC COMMISSION.

ARTICLE 6. CIVIL SERVICE SYSTEM.

ARTICLE 6A. GRIEVANCE PROCEDURE FOR STATE EMPLOYEES.

ARTICLE 7. POET LAUREATE.

ARTICLE 8. BLENNERHASSETT ISLAND HISTORICAL STATE PARK COMMISSION.

ARTICLE 9. INDUSTRIAL AND PUBLICITY COMMISSION.

ARTICLE 10. STATE PLANNING BOARD.

ARTICLE 11. SURPLUS PROPERTY AGENCY.

ARTICLE 12. STATE INSURANCE.

ARTICLE 12A. GOVERNMENTAL TORT CLAIMS AND INSURANCE REFORM ACT.

ARTICLE 12B. WEST VIRGINIA HEALTH CARE PROVIDER PROFESSIONAL LIABILITY INSURANCE AVAILABILITY ACT.

ARTICLE 12C. PATIENT INJURY COMPENSATION PLAN.

ARTICLE 12D. WEST VIRGINIA PATIENT INJURY COMPENSATION FUND.

ARTICLE 13. ECONOMIC DEVELOPMENT AGENCY.

ARTICLE 14. STATE COMMISSION ON AGING.

ARTICLE 15. STATE COMMISSION ON INTELLECTUAL DISABILITY.

ARTICLE 16. DEPARTMENT OF PERSONNEL.

ARTICLE 17. THE WEST VIRGINIA ARTS AND HUMANITIES COUNCIL.

ARTICLE 18. WEST VIRGINIA STATE RAIL AUTHORITY.

ARTICLE 19. SOLICITATION OF CHARITABLE FUNDS ACT.

ARTICLE 20. WOMEN\'S COMMISSION.

ARTICLE 21. PUBLIC DEFENDER SERVICES.

ARTICLE 22. STATE LOTTERY ACT.

ARTICLE 22A. RACETRACK VIDEO LOTTERY.

ARTICLE 22B. LIMITED VIDEO LOTTERY.

ARTICLE 22C. WEST VIRGINIA LOTTERY RACETRACK TABLE GAMES ACT.

ARTICLE 22D. WEST VIRGINIA LOTTERY SPORTS WAGERING ACT.

ARTICLE 23. WEST VIRGINIA BOUNDARY COMMISSION.

ARTICLE 24. TECHNOLOGY-RELATED ASSISTANCE REVOLVING LOAN FUND FOR INDIVIDUALS WITH DISABILITIES ACT.

ARTICLE 25. AUTHORIZED GAMING FACILITY.

ARTICLE 26. WEST VIRGINIA COURTHOUSE FACILITIES IMPROVEMENT AUTHORITY.

ARTICLE 27. NATIONAL COAL HERITAGE AREA AUTHORITY.

ARTICLE 28. COAL HERITAGE HIGHWAY AUTHORITY.

ARTICLE 29. VOLUNTEER FOR NONPROFIT YOUTH ORGANIZATIONS ACT.

ARTICLE 30. EMERGENCY VOLUNTEER HEALTH PRACTITIONERS ACT.

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.

This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2019 West Virginia Legislature **