HB4154 H GO AM 2-2

Hubbard 3192

 

The Committee on Government Organization moves to amend the bill on page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:

ARTICLE 8. 2018 REGULATORY REFORM ACT.


5B-8-1. Short title.

This article shall be known and cited as the "2018 Regulatory Reform Act".


5B-8-2. Legislative findings.

(a) It is found and declared that there exists in this state a condition of substantial and persistent unemployment and under employment which:

(1) Causes economic hardship to many individuals and families;

(2) Wastes vital human resources;

(3) Increases the public assistance burdens of the state;

(4) Impairs the security of family life;

(5) Prevents many of our youths from continuing their education;

(6) Impedes the economic and physical development of municipalities; and

(7) Adversely affects the welfare and prosperity of this state.

(b) It is hereby declared to be the policy of this state to:

(1) Promote a vigorous and growing economy;

(2) Prevent economic stagnation;

(3) Encourage the creation of new job opportunities;

(4) Ameliorate the hazards of unemployment and underemployment;

(5) Reduce the level of public assistance;

(6) Increase revenues to the state and its municipalities; and

(7) Achieve a stable diversified economy.

(c) The purpose of this article is to provide a mechanism for business and industry to secure any necessary permits, without waiving the lawful conditions of the permits, in as expeditious a manner as possible.


5B-8-3. Definitions.

(a) As used in this article, the following words and phrases shall have the meanings given to them in this section unless the context clearly indicates otherwise:

(1) "Development Office" is the West Virginia Development Office established pursuant to the provisions of 5B-2-1 et seq. of this code.

(2) "Executive director" is the Executive Director of the West Virginia Development Office established pursuant to the provisions of 5B-2-2 of this code.

(3) "Permit" means, for the purposes of this article only, any contract, license, permit, certificate, or other regulatory authority of any kind to conduct business in this state.

(4) "Person" means any natural person, company, corporation, partnership, or any type of business entity.

(5) "Project of critical economic concern" means an undertaking designated by the executive director to be significant, in its operational stage, by its ability to enhance, promote and encourage business, commerce, and industry in West Virginia and to stimulate jobs and relieve underemployment and unemployment in West Virginia.

(6) "State agency" means any office, department, board, commission, bureau, division, authority, public corporation, agency, or instrumentality of this state.


5B-8-4. Application, issuance, duration and extension of certificates for projects of critical economic concern.

(a) A person may apply to the Development Office and request that his or her project be classified as a project of critical economic concern.

(b) The Development Office shall issue a written decision on the request within 30 days of the filing and receipt of the request.

(c) If a project is found to be a project of critical economic concern, the Development Office may issue a certificate of critical economic concern.

(d) A certificate of critical economic concern expires two years from the date of issuance.

(e) A certificate of critical economic concern may be extended for an additional period of two years at the discretion of the executive director.


5B-8-5. Filing of certificate for a project of critical economic concern.

(a) A person shall file the certificate of critical economic concern with the appropriate state agency that has permitting authority over the project.

(b) A person must file the certificate of critical economic concern at the time of filing the necessary completed permit application required for the project with the state agency.

(c) The state agency shall give priority to the project of critical economic concern in the handling and processing of permit applications.


5B-8-6. Permit action by the state agency for projects of critical economic concern.

(a) This section shall only apply to projects that have been issued a certificate of critical economic concern from the Development Office.

(b) Within 30 days of the submission of a complete permit application, the state agency shall issue a written report on the status of the complete permit application. The report shall be sent to the permit applicant and the executive director.

(c) If the permit is not granted, then the state agency shall on the third, fourth, and fifth month anniversary of the submission of the complete permit application, issue a written report on the status of the permit application. The report shall be sent to the permit applicant and the executive director.

(d) If at the end of the sixth month, a decision has not been made on the complete permit application the state agency shall issue a written report on the status of the complete permit application. The report shall be sent to the permit applicant, the executive director and the Governor.


5B-8-7. Certificates of critical economic concern not a waiver or guarantee.

(a) The issuance of and the filing of a certificate of critical economic concern is not a waiver of any element, rule, regulation, or statute upon which the permit is granted.

(b) The issuance of and the filing of a certificate of critical economic concern does not guarantee that a permit will be granted by the state agency.


5B-8-8. Expedited completed permit application review.

(a) For those projects that are not designated as a project of critical economic concern by the executive director:

(1) A state agency shall aspire to complete a review of a permit application in as expeditious a manner as possible without compromising the integrity of the state agency's analysis of the application.

(2) A state agency may, by procedural rule, provide the option of an expedited permit fee to cover the costs of expeditious review of a permit application and a schedule by which the review of the expedited permit shall be completed.

(b) For those projects designated a project of critical economic concern by the executive director, a state agency may, by procedural rule, provide the option of an expedited permit fee to cover the costs of expeditious review of a permit application and a schedule by which the review of the expedited permit shall be completed.

(c) For a complete permit application where an expedited review fee has been paid by the applicant, if at the end of the time established in rule pursuant to this section, a decision has not been made on issuance of the permit, the state agency shall refund, in full, to the applicant any expedited permit fee collected at the time of the filing of the completed permit application.


5B-8-9. Reporting requirements.

The executive director shall prepare and submit a report to the Governor and the Joint Committee on Government and Finance on or before November 1, 2019, and November 1 each year thereafter, on the provisions of this article and shall specifically outline whether, in his or her professional opinion, the goals and duties required by this article are being accomplished.

5B-8-10. Rulemaking authority.


The Development Office shall promulgate procedural rules in accordance with 29A-3-1 et seq. of this code to implement the provisions of this article.

 

 

Adopted

Rejected