WEST VIRGINIA LEGISLATURE

2022 REGULAR SESSION

Introduced

House Bill 4479

By Delegates Dean, Evans, Mazzocchi, Haynes, Holstein, Paynter, Zukoff, Brown, Reynolds, Bridges, and Hansen

[Introduced February 1, 2022; referred
 to the Committee on Select Committee on Coalfield Communities then Finance]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-2K-1, §5B-2K-2, §5B-2K-3, §5B-2K-4, §5B-2K-5, and §5B-2K-6, all relating to establishing the Coalfield Communities Grant Facilitation Commission; providing legislative findings; establishing the Commission and providing for its membership and duties; providing for commission assistance from the Economic Development Authority and certain institutions of higher education; authoring the Commission to provide the local match portion for local public and private entities applying for grants from federal, state and private sources; providing what constitutes a public purpose for eligibility for grant match; establishing a special revenue account; directing the creation of a special subcommittee of the Commission comprised of state institutions of higher education to assist the Commission and grant applicants training and other technical expertise as directed by the Commission; and providing for annual electronic reports to the Legislature’s Joint Committee on Government and Finance.

Be it enacted by the Legislature of West Virginia:

Article 2K. Coalfield Communities Grant Facilitation Commission.

§5B-2K-1. Short title.

This article shall be known as the Coalfield Grant Facilitation Act of 2022.

§5B-2K-2. Legislative Findings.

The Legislature finds that the historical coal field communities of this state that were once thriving and vital parts of the state have seen decades of decline as changes in coal mining technologies and mining practices and the decline in the market for coal have resulted in a steady decline in the populations and economic vitality of the coal mining regions of our state, and every effort must be made to revitalize these areas is an important and necessary component of the success and advancement of the economy of this state; and

That many funding initiatives available to these areas in the form of matching grants from federal and private sources have become a significant and important opportunity for access to capital to initiate revitalization, but limitations of funds to match grants and having the resources to apply for and facilitate receipt of these grants has incumbered the utilization of these resources; and

The Legislature, by enactment of this article intends to initiate mechanisms to facilitate these initiatives, by establishing a commission to administer state funds to provide to eligible local entities the local matching portion of grants; and to facilitate assistance to these local entities by providing access to grant writing expertise and support by utilizing our state university and colleges to assist in the development of successful grant writing resources for local entities to maximize their success in rebuilding their communities.

§5B-2K-3. Coalfield Community Grant Facilitation Commission created.

(a) The Coalfield Community Grant Facilitation Commission [The Commission] is hereby created as an independent body corporate.  The commission shall consist of 9 members, who shall be residents and citizens of the state. Commission members shall be appointed by the Governor, by and with the advice and consent of the Senate.   The commission shall consist of the following members:

(1) The Director of the Economic Development Authority or his or her designee who shall serve as chairperson of the commission;

(2) A representative of county governments of this state;

(3) A representative of large municipalities of this state;

(4) A representative of small municipalities of this state;

(5) A representative of a foundation, nonprofit or other organization that provides grants for public interest projects in this state and who has expertise in grant issuance or administration;

(6) A representative of institutions of higher education with specialized knowledge in economic development;

(7) A representative from businesses and industries within the state; and

(8) Three members at large appointed from regions and counties within coalfield areas of the state whose knowledge and experience in local issues, economic development or other areas of expertise within the directive of the commission.

(b) Each member shall serve a term of five years. Of the members first appointed, three shall be appointed for a term ending December 31, 2023, and three each for terms ending one and two years thereafter. Commission members may be reappointed to additional terms, and although their term may have expired shall continue to serve until their successor has been appointed.

(c) It is the duty of the commission:

(1) To establish a process for review and approval of awarding to applicants their share of funds required to receive a federal, state or private grant which within time constraints established by the entity providing the grant to assure the greatest possibility that the grant being applied for is received;

(2) To award available funds of the commission in an efficient and fair matter to provide a match for local entities applying for a grant that would otherwise qualify for the grant but is unable to fulfill the grant’s matching fund requirements;

(3) To provide grant applicants with technical assistance and support; and

(4) To disseminate information for the purpose of educating persons and entities as to the existence and functions of the commission and as to the availability of state, federal, and nongovernmental resources;

(d) The Economic Development Authority shall assist the commission in its functions and operations, including, but not limited to, providing administrative, clerical, and technical support.

(e) Members of the commission are not entitled to compensation for services performed as members. Each member is entitled to reimbursement for reasonable expenses incurred in the discharge of their official duties. All expenses incurred by members shall be paid in a manner consistent with guidelines of the Travel Management Office of the Department of Administration and are payable solely from the funds of the Department of Commerce or from funds appropriated for that purpose by the Legislature.

(f) No liability or obligation is incurred by the commission beyond the extent to which moneys are awarded for grant acquisition facilitation.

(g) Members shall meet as designated and scheduled by the chairperson. The presence of a majority of commission members, in person or by real-time electronic communication, constitutes a quorum to conduct business at a meeting.

(h) The commission may not certify a project unless the committee finds that the proposal is in the public interest and the grant will be used for a public purpose. For purposes of this article, projects in the public interest and for a public purpose can provide private benefit, if the commission, in its judgement determines that the project will enhance a local community or region, the granting entity for which the commission’s matching grant is being matched requires a public purpose for grant eligibility, and the commission in its judgment concludes the proposal will enhance the quality of life or services of a community of region.  A public purpose includes, but are not limited to, proposals that:

(1) Enhance economic vitality, including revitalization of structures that have public purpose or benefit;

(2) Promote or develop an artistic or philanthropic purpose;

(3) Improve traditional infrastructure, such as water and wastewater treatment facilities, transmission lines, transportation facilities, flood and wastewater management;

(4) Create or enhance telecommunications infrastructure including cellular towers, fiber optic expansion and technology infrastructure;

(5) Promote agricultural activities and development;

(6) Enhance development of previously mined areas or areas previously used by the coal industry and other industrial activities into uses that diversify the local economy;

(7) Create or expand recreational facilities, such as walking, hiking, all-terrain vehicle, bike trails, picnic facilities, restrooms, boat docking and fishing piers, and athletic facilities;

(8) Used for acquisition of private property for local public purposes that promote economic vitality and housing development and enhancement;

(9) Preserve or enhance buildings that are of local historic or economic interest;

(10) Restore or create retail facilities, including related service, parking and transportation facilities, to revitalize decaying downtown areas;

(11) Construction or expansion of other facilities that promote or enhance economic development or tourism opportunities thereby promoting the general welfare of local residents;

(12) Providing facilities and activities that provide resources for local residences that enhance quality of life including, but not limited to, childcare access and public transportation;

 (13) Providing vocational and entrepreneur training for displaced miners and other persons that have lost jobs or have been unable to find employment or business opportunities in the region;

(14) Investments in coal field communities housing stock removal and remediation to facilitate community preservation and aesthetics; and

(15) Creation of drug and substance abuse rehabilitation programs and facilities.

(i) Prior to making any matching grant award, the commission may conduct a public hearing to assess local public support.  If a public hearing is to be held, notice of the time, place, date, and purpose of the hearing shall be published in at least one newspaper in the county where the proposed grant project is located.

(j) When a member of the commission must recuse him or herself because of a perceived or actual conflict of interest regarding a proposed grant assistance award, a majority of the remaining members of the commission without a conflict shall be sufficient for the conduct of commission business.

§5B-2K-4. Coalfield Community Grant Facilitation Special Revenue Account.

A special revenue fund named the Coalfield Community Grant Facilitation Fund is hereby created which shall consist of all moneys made available for the purposes of this article and include any amounts to be deposited in the fund, including all appropriations to the fund, all interest earned from investment of the fund, and any gifts, grants, or contributions received by the fund. All amounts deposited in the fund shall be awarded by the commission as provided pursuant to the provisions of this article to local governmental units and private and public entities for the public purposes as provided for in this article.

§5B-2K-5. Facilitation of grant submissions by higher education institutions.

To maximize the resources of the state and to create a resource for entities and persons interested in applying for grants that need assistance with grant proposal and applications, the commission shall coordinate and administer a specialized subcommittee of the commission made up of representatives of West Virginia University, Marshall University, the Alliance for Economic Development of Southern West Virginia, and all institutions of higher learning in the coal field counties and regions of this state to provide assistance in the development of grants and grant applications by persons or entities that need assistance in designing, preparing or implementing a grant proposal submission to a governmental or private entity providing grants. This assistance shall include:

(1) Training of persons to have expertise in developing, applying for, and administering grants;

(2) Providing technical assistance to the commission on administration and facilitation of grant assistance applications; and

(3) Any other actions or initiatives that assist the commission and promote the goals of this article.

§5B-2K-6. Report to the Legislature.

The commission shall provide by December first of each year to the Joint Committee of Government and Finance an annual electronic report that provides the following:

(1) A summary of grant assistance applications received and relevant statistics relating to actions taken by the commission and grants awarded;

(2)  An analysis of types of grants or public, private and nonprofit grants available but not applied for that if received could be utilized to benefit coal field communities;

(3) Recommendations regarding appropriations of the Coalfield Community Grant Facilitation Fund for the upcoming fiscal year; and

(4) Any recommended legislation or policy actions needed to facilitate greater receipt of grant funding to coalfield communities.

NOTE: The purpose of this bill is to establish the Coalfield Communities Grant Facilitation Commission which shall administer a matching fund needed to pay the local matching portion to receive a federal, private on non-profit grant for a coalfield community organization or entity to fund a development project; directing state higher education institution to provide assistance to local entities for grant developments and application; providing directives for what types of public purposes are eligible for matching grants; and requiring annual reports to the legislature.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.