HB5223 S ECD AM #1 3-1

Lazell 7879

The Committee on Economic Development moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:

ARTICLE 2Q. SOUTHERN COALFIELD RESILIENCY PROGRAM.

§5B-2Q-1. Short Title.

This article shall be known as cited as the “Southern Coalfield Resiliency Program Act”.

§5B-2Q-2. Legislative purpose; findings; intent.

The impact of excessive and economically biased federal regulations on the domestic coal-fired electricity market has led to a profound and significant injury to the coal industry in Boone, Logan, McDowell, Mingo, and Wyoming Counties, and has resulted in a dramatic negative economic impact on the southern coalfield area of West Virginia.

The purpose of this section is to establish the Southern Coalfield Resiliency and Revitalization Program. To further this purpose, this program creates a collaboration among local government, higher education, and private and nonprofit sectors to streamline and increase technical, agricultural, and economic assistance capacity, continue and increase existing services and other resources to facilitate community revitalization in the southern coalfield area.

It is the intent of the Legislature to identify resources that can be prioritized to support the counties of the southern coalfield area, generate thoughtful and responsible ideas to mitigate the negative effects of the currently injured coal industry, and help chart a new course and prosperous future for the southern coalfield.

§5B-2Q-3. Definitions.

The following terms have the meanings ascribed to them by this section, unless a different meaning is clearly required by either the context in which the term is used, or by specific definition in this article:

"Contributing partners" means those entities or their representatives described in subsection (f) of this section.

"Program" means the Southern Coalfield Resiliency and Revitalization Program established in this section.

"Revitalization Council" means those entities or their representatives described in subsection (d) of this section.

"Technical assistance" means resources provided by local government, the revitalization council, contributing partners, or any other individuals or entities providing programming, funding, or other support to benefit the counties in the southern coalfield area of West Virginia under the program.

"Southern Coalfield" means an area that encompasses Boone, Logan, McDowell, Mingo, and Wyoming counties.

"Southern Coalfield Resiliency and Revitalization Program" means the entire process undertaken to further the goals of this section, including collaboration development and implementation between the members, contributors, and technical assistance resource providers.

§5B-2Q-4. Southern Coalfield Resiliency and Revitalization Program established; duration.

(a) The Southern Coalfield Resiliency and Revitalization Program is established in accordance with the provisions of this section, subject to the availability of funding necessary to support the program. The program shall inventory existing assets and resources, prioritize planning and technical assistance, and determine such other assistance as might be available to revitalize communities in the counties in the Southern Coalfield.

(b) The program shall be established for an initial period of five years from the effective date of this legislation.

§5B-2Q-5. Revitalization Council created.

The Revitalization Council is hereby created as an independent body corporate to fulfill the purposes of this section. The county commissions of Boone County, Logan County, McDowell County, Mingo County, and Wyoming County shall choose a representative to serve as chairperson of the council, which shall coordinate the Revitalization Council’s functions and operations, including, but not be limited to, providing administrative, clerical, and technical support from existing funding for the commissions. The following entities shall serve as members of the Revitalization Council:

(1) A representative from the Boone County Commission;

(2) A representative from the Logan County Commission;

(3) A representative from the McDowell County Commission;

(4) A representative from the Mingo County Commission;

(5) A representative from the Wyoming County Commission;

(6) A representative from Southern West Virginia Community and Technical College;

(7) A representative from West Virginia University;

(8) A representative from Marshall University;

(9) The County Directors of Economic Development from Boone County, Logan County, McDowell County, Mingo County, and Wyoming County;

(10) The President of West Virginia University Technical College; and

(11) A representative from the Regional Planning and Development Councils encompassing the five participating counties.

§5B-2Q-6. Duties of the revitalization council.

(a) The council shall identify resources that can be prioritized to support economic development efforts in the Southern Coalfield counties.

(b) The council shall direct existing resources in a unified effort and in conjunction with contributing partners, as applicable, to support the Southern Coalfield counties.

(c) The council shall develop a rapid response strategy to attract or develop new enterprises and job creating opportunities in the Southern Coalfield counties.

(d) The council shall conduct or commission a comprehensive assessment of assets available at the reclaimed mine sites and abandoned industrial complexes and closed businesses and determine how those assets will be preserved and repurposed, or marketed to interested industrial parties.

(e) The council shall assist communities in the Southern Coalfield counties by developing economic policy recommendations to diversify and advance the communities.

(f) Members of the council shall support both the planning and implementation for the program and shall give priority wherever possible to programmatic activity and discretionary, noncompetitive funding during the period the program remains in effect.

(g) Members of the council shall work together to leverage funding or other agency resources to benefit efforts to revitalize the Southern Coalfield counties.

§5B-2Q-7. Contributing partners.

To the extent possible, the Revitalization Council shall incorporate the resources and expertise of additional providers of technical assistance to support the program, which shall include, but not be limited to:

(1) The West Virginia Small Business Development Center;

(2) The Center for Rural Health Development;

(3) The West Virginia University Encova Center for Innovation and Entrepreneurship;

(4) The West Virginia University Land Use and Sustainability Law Clinic;

(5) The West Virginia University Davis College Research, Education, and Outreach Centers;

(6) The West Virginia University County Extension Services;

(7) The Rahall Transportation Institute;

(8) The Marshall University Center for Business and Economic Research;

(9) West Virginia Small Business Association;

(10) The West Virginia Community Development Hub;

(11) The West Virginia Brownfields Assistance Center at Marshall University;

(12) West Virginia State University Extension Services; and

(13) West Virginia University Extension Services Agriculture, Community, Health, Economic, and Workforce Development Programs.

§5B-2Q-8. Reporting and agency accountability.

The Revitalization Council, in coordination with its contributing partners, as applicable, shall report annually to the Governor and the Joint Committee on Government and Finance detailing the progress of the technical assistance support provided by the program, the strategic plan for the Southern Coalfield counties, and the results of these efforts.

§5B-2Q-9. Economic incentives for businesses investing in the Southern Coalfield counties.

The Revitalization Council, as applicable, will work to educate businesses investing, or interested in investing, in the Southern Coalfield about the availability of, and access to, economic development assistance, including, but not limited to, the economic opportunity tax credit provided in §11-13Q-19 of this code; the manufacturing investment tax credit provided under §11-13S-1 et seq. of this code; and any other applicable tax credit or development assistance.

§5B-2Q-10. Prioritization.

The program shall prioritize and seek to leverage West Virginia’s natural, native resources and industries, including the manufacture of value-added or finished products from raw materials or agriculture commodities sourced in West Virginia. The program shall prioritize and seek to assist existing industries to expand where possible and identify opportunities for synergistic relationships between native West Virginia businesses. The program shall prioritize and seek to leverage West Virginia’s natural, self-sufficient, and reliable forms of energy such as coal, oil, and natural gas, to decrease the overall cost of manufacturing in the Southern Coalfield and enhance industrial efforts.

Adopted

Rejected