Senate Bill No. 324

(By Senators Tomblin (Mr. President) and Boley

By Request of the Executive)
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[Introduced February 7, 1996; referred to the Committee on Natural Resources; and then to the Committee on Finance .]
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A BILL to amend chapter twenty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article thirteen, relating to creating the West Virginia stream partners program; setting forth legislative findings and purpose; creating the West Virginia stream partners program fund; identifying an executive committee; coordinating the West Virginia stream partners' program; funding the stream partners program; stating grant qualifications; and providing for support of administering agencies.

Be it enacted by the Legislature of West Virginia:
That chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding a new article, designated article thirteen, to read as follows:
ARTICLE 13. WEST VIRGINIA STREAM PARTNERS PROGRAM.
§20-13-1. Short title.
This article shall be known and cited as the "West Virginia Stream Partners Program Act."
§20-13-2. Legislative findings and purpose.
The Legislature finds that efforts to restore, protect and utilize West Virginia's rivers and streams for public health, recreation, commercial and habitat uses are most successful when citizens work in partnership with state agencies to manage the state's rivers and streams by combining community resources, local initiative and state agency support.
It is the purpose of the Legislature, therefore, to establish a program to encourage citizens to work in partnership with appropriate state agencies so that the state's rivers and streams: (a) Are safe for swimming, fishing and other forms of recreation; (b) can support appropriate public and commercial purposes; and (c) can provide habitat for plant and animal life.
§20-13-3. West Virginia stream partners program created;
executive committee identified; program coordination.

There is hereby created the West Virginia stream partners program and within the division of natural resources there is hereby created the West Virginia stream partners program fund. The program shall be jointly administered by the division of natural resources, the division of environmental protection, the division of forestry, and the West Virginia state soil conservation agency. The director or commissioner of each of these administering agencies or his or her designee shall collectively constitute an executive committee to oversee the program. The governor shall designate a member of the executive committee to serve as chair. The committee shall designate a staff member from existing staff to coordinate the program on behalf of the executive committee.
§20-13-4. Stream partners program fund.
Money from the general revenue may be appropriated into the West Virginia stream partners program fund. The West Virginia stream partners program fund shall be used solely to provide grants to groups comprised of representatives located in the immediate area of the stream or streams being addressed that are dedicated to achieving the purpose stated in section two of this article. The grants shall be awarded by consensus of the executive committee in accordance with rules promulgated by the division of environmental protection. Each grant shall be matched with cash or in-kind services in, at least, an amount equal to twenty percent of the grant: Provided, That no grant shall exceed the amount of five thousand dollars.
§20-13-5. Grant qualifications.
In order to qualify for grants from the West Virginia stream partners program fund, application must be made in accordance with the following requirements and in accordance with any other provision of this article or any applicable rule:
(a) Identification of the stream or streams to be restored, protected, utilized or enhanced;
(b) Identification of the individuals applying for funds and the financially responsible entity to receive funds, all from the immediate surrounding geographic area. These identified individuals shall represent the general public, industry, environmental groups, sportsmen, forestry, agriculture, local government, tourism, recreation and landowner groups, all located in the immediate surrounding geographic area;
(c) Demonstration of an ability to achieve within the grant year a specific improvement project that enhances the identified stream or streams; and
(d) A commitment to educate the citizens in the area of the identified stream or streams about the benefits of restoring, protecting and enhancing the stream or streams in a responsible manner.
§20-13-6. Administering agency support.
The administering agencies may provide staff and other resources as necessary to address the technical assistance and administrative needs of the West Virginia stream partners program and West Virginia stream partners program fund. This support may include the utilization of resources and formulation of policies to achieve the purpose set forth in section two of this article.



NOTE: The purpose of this bill is to create the West Virginia stream partners program and establish a grant program to restore, protect and utilize West Virginia's rivers and streams.

This section is new; therefore, strike-throughs and underscoring have been omitted.