From: Thompson, Mary Jo Sent: Monday, April 3, 2017 5:21 PM To: James Bailey Cc: Hopkins, Kris Jarrell, Joshua Tarry, Russell Gianato, JimmyJ Subject: Draft SRO bill Attachments: HBZ935 included - WVDO edits.docx Hi James, Attached is a re-worked bill for you and the Senate to consider. I?ve re-worked it to accomplish 4 main things: 1. Establishment of the State Resiliency Office 2. Secretary of Commerce is the chair of the board as his of?ce would coordinate the meetings, activities, reports to legislature. 3. Add all resiliency efforts to the purpose of the of?ce not just flooding. 4. 8 member board governs the office with the Secretary (as said) being the chair. The bill does not impede or interfere with the normal responsibilities of any agency - it simply adds an office through which resiliency flooding plans are coordinated. We feel it is essential this framework be put into place to effectively and efficiently coordinate all recovery and disaster efforts in the future. I apologize for the many edits and colors but we wanted to get you a draft right away. My cell is 304-550-3409 and I will be waiting on feedback. Our team will also be ready to attend any committee meetings necessary to help explain our course of action. Please let me know if you have questions. Thank MJ WEST VIRGINIA LEGISLATURE 2017 REGULAR SESSION Committee Substitute for House Bill 2935 BY MR. SPEAKER (MR. ARMSTEAD), HANSHAW, AMBLER, HILL, AND BALDWIN [Originating in the Committee on Government Organization; Reported March 22, 2017] CS for HB 2935 A BILL to amend the Code of West Virginia; 1931; as amended, by adding thereto a new article, designated ?4?15?1; and to amend said code by adding thereto a new article, designated ?29-30-2. ?29-30?3 and ?29?30-4, all relating to state flood protection planning; providing legislative findings; defining terms; establishing the a Resiliencv OfficeiSRO)and governing board; describing certain duties; requiring reports; and establishing a Joint Legislative Committee on Flooding. Be it enacted by the Legislature of West Virginia: That the Code of West Virginia,1931, as amended, be amended by adding thereto a new article, designated ?4_15-1; and that said code be amended by adding there to a new article, designated ?29-30-1, ?29-30-2, ?29-30-3 and ?29~30-4, all to read as follows: CHAPTER 4. THE LEGISLATURE. ATI MITTE ?le . El The President of the Senate and the Spea__ker of the House of Delegates shall each appoint five members of their respective houses. at least two of whom shall be members of the minoritv partv. and gt_ east one shall be a member of the Committee on Government Organization. to serve an interim committee charged with studving flood damage reduction and flood plain management. The President and the Speaker shall each designate a Chair from among the five committee members of their respective houses. This committee shall be known as the ?Joint Legislative Committee on Flooding? and shall study all activities relating to flood protection egg shall make recommendations to the Joint Committee on Government and Finance; which offer 1 10 11 12 OS for HB 2935 solutions to reduce the reality and threat of future loss of life and property damages associated with flooding. (bl The expenses of the committee are to be approved bv the Joint Committee on Government and Finance and paid from leqislative appropriations. 2935 The Chair of the State Resiliency Of?ce . created pursuant to article thirty. chapter twenty-nine of this code. shall report quarterly to the committee. and shall prepare an annual report to the committee no later than December 31 of each year. The Chairs of the committee shall report annually. each January. to the Joint Committee on Government and Finance, with any proposals or Ieoislation as may be deemed necessary to prevent or reduce the risk of flooding in this st? CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS. ARTIC RESILIENCY AND FL I T. ?2Hll~l St . l' This article may be known and cited as the ?Resiliency and Flood Protection Planning {bl The West Virginia Legislature finds that: Floodino has affected each of the fifty-five counties and thirty-two maior watersheds within the state' (2) Over the past fifty-two years more tha_n two hundred and eighty-two West Virginians have died in floods; (3) Between January 1996 and January 201?. there have been twenty-seven federal disaster declarations in West Virginia involving flooding; and In June 2016 much of West Viroinia suffered devastating flooding. Despite the many state and federal flood protection programs and proiects, flooding continues to be West Virginia?s most common and widespread natugL disaster. to) It is the purpose of this article to provide a comprehensive and coordinated statewide OS for HB 2935 13 resiliency and flood protection p?gning program to save lives. a i 14 and economic resiliency plans including. but not limited to, reducing 15 or mitigating flood damage white supporting economic orowth and protecting the environmentI-n'aa-xu-qu-n-l-u - State Resiliency Of?ce 1 The State Resiliency Office is created. . The WState Resiliency Office shall be housed 2 within the West Virginia Development Of?ce in the Department of Commerce. as the recipient of 3 disaster recovery and resiliency funds, and the coordinating agency of recovery and resiliency 4 efforts including matching funds for other disaster recovery programs. The State Resiliency 5 Office Board shall consist of 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 Eco designee; the Secretary of the Department of Environmental Protection or his or her desionee; the Executive Director of the State Conservation Agency or his or her designee; the Secretary of lf? the Department of Military Affairs and Public Safety or his or her designee; the Secretary of 1Q Transportation or his or her designee; the Adiutant General of the West Virginia National Guard or his or her designee; and the Director of the Division of Homeland Security and 12 Emergency Management within the Department of Military Affairs and Public Safety or his or 13 her desig nee. 14 (1) The Secretary of the West Virginia Department of Commerce -shall be the chair of 15 the board of the State Resiliency Office. in the absence of the chairI any member desimted by 16 the members present may act as chair. GB for HB 2935 The board shall meet no less than once each calendar quarter at the time and 3 place desitmated bv the chair. All decisions of the board shall be decided bv a maioritv vote of the members. 3 The chair shall provide adequate staff from their respective office. to ensure the 2_1 meetings of the board are properlvr noticed. meetinqs of the board are facilitated. board _2_2 meeting minutes are taken. records and correspondence kept. and the; reports of the board are a produced timely. SEQ?BeawlSigte Resiliency Office and its Board. 1 The State Resiliencv Office through its board mav: 2 (1) Serve as cogr_din_at_or of all economic and communitv resiliency planning and 3 implementation efforts. including but 4 not limited to flood protection programs and activities in the state; Annuallv review the state flood protection plan and update the _pl?g no less than biannuallv; (3) Recommend legislation to reduce or mitigate ?ood damage; (4) Report to the Joint Legislative Committee on Flooding at least guarterlv; CS for HB 2935 9_ (5) Cataloo. maintain and monitor a listino of current and proposed capital expenditures to reduce or mitidate flood damage or other resiliency efforts; Coordinate planninq of flood proiects with federal aoencies; (7) Improve professional manaoement of flood plains; L8) Provide education and outreach on floodino issues to the citizens of this state: (9) Establish a sinole website inteoratinp all aqencv flood information; and i 16 10) Monitor federal funds and initiatives that become available for 17 disaster recoverv and economic and community resiliency; 18 {11} Pursue additional funds and resources to assist not only with long term recoverv 19 efforts, but also long term communitv and state wide resiliencv efforts; 20 {12} Coordinate, integrate, and expanMnning efforts in the state for hazard mitigation, 21 long-term disaster recoverv, and economic diversification; 22 {13) Coordinate long-term disaster recovery efforts in response to disasters as thev occur; 23 [14) Establish and facilitate regular communication between federal, state. local, and 24 private sector agencies and organizations to further economic and disaster resilience; 25 (15) Take all other actions necessarvr and proper to effectuate the purposes ofthis article. HH-NI I'll El 1 The chair of the board of the State Resiliency Of?ce shall report, at a minimum of 2 quarterlv. to the Joint Leoislative Committee on Floodino. created pursuant to article fifteen. CS for HB 2935 chapter four of the 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 respectino and oomplvind with the takinds clause of the United States Constitution. the West Virginia Constitution. and related precedential court opinions. and to develop leqislative recommendations. The chair of the board shall submit an annual report to the committee bv December 31 of each year. alone with any recommended legislation. budoet requests. and a summarv of the activities of the board for the previous vear. NOTE: The purpose of this bill is to establish the State Resiliencv Office and authorize certain duties; and establish a Joint Legislative Committee on Flooding. Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.