H. B. 2474
(By Delegates Amores, Coleman and Cann)
[Introduced March 11, 1997; referred to the
Committee on Government Organization.]
A BILL to amend chapter thirty-one of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article fifteen-c,
relating to creation of the division of permit assistance
within the economic and development authority; establishing
guidelines for streamlining the permit process for
developers.
Be it enacted by the Legislature of West Virginia:
That chapter thirty-one of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article fifteen-c, to
read as follows:
ARTICLE 15C. DIVISION OF PERMIT ASSISTANCE
§31-15C-1. Division of permit assistance created; guidelines for establishing an expedited development permit process.
(a) There is created within the West Virginia economic and
development authority the division of permit assistance. The
division shall develop guidelines to provide technical assistance
to counties and municipalities in establishing and operating an
expedited development permit process. The guidelines shall
include, but not be limited to, the following elements of a local
permit process:
(1) A central contact point with a public agency where all
permit applications can be filed and information on all permit
requirements can be obtained;
(2) A referral process to:
(A) Refer the applicant to the appropriate functional area
for resolution of problems and fulfillment of requirements;
(B) Refer the applicant to local governments within the
county in whose sphere of influence the proposed project lies for
review, comment or imposition of condition permits;
(C) Assign an individual from the local government to be
responsible for guiding the application through all local permit
bodies.
(3) A master permit document that covers permits for all
functional areas and which could be used for obtaining the approvals of the various functional areas.
(4) A method of tracking progress on various permit
applications, which may include identifying a staff person
responsible for monitoring permits.
(5) A determination as to completeness of the master permit
document upon its submission and a written statement of any
specific information that is missing.
(6) Timetables for action on individual permits.
(7) An expedited appeal process to ensure fair treatment to
the applicant using existing agencies, staffs, commissions or
boards where possible.
(8) Any administrative mechanisms that will describe the
least costly approaches for implementation in a variety of local
circumstances. In developing the guidelines, local variations in
population rate of growth, types of proposed development
projects, geography and differences in local government structure
shall be recognized.
(b) The guidelines established by the division pursuant to
this section shall be advisory in nature. These guidelines do
not constitute a mandate upon the counties or municipalities to
take any of the actions contained herein.
§31-15C-2. County and municipalities to designate a single
entity for coordination of permit process; fees allowed.
Every county and municipality shall designate a single
administrative entity to coordinate the review and
decision-making process and to provide information regarding the
status of all applications and permits for residential,
commercial and industrial development. The county or
municipality may charge fees to defray expenses which are
directly attributable to the costs associated with the
implementation of this section.
For purposes of this section, "administrative entity" means
a person or agency designated by the county or municipality to
coordinate the review and decision-making process and provide
information regarding the status of all required permits or
applications.
A county or municipality may adopt, by resolution or
ordinance, procedures for the implementation of this section.
§31-15C-3. Permit applicant may request consolidated approval
process; review of consolidated process by department; report to Legislature required; termination of section.
At the request of an applicant, the administrative entity
may coordinate the review and decision-making process with the
affected special districts and the administrative entity or entities designated by any other county or municipality with
whose jurisdiction application for approval of the development is
also being made in order to provide consolidated and concurrent
processing within those jurisdictions.
The division shall evaluate the extent to which this section
has resulted in an expedited development permit process and shall
report its findings and conclusions to the Legislature on or
before the first day of January, one thousand nine hundred
ninety-nine.
This section shall have no application or effect on and
after the first day of January, two thousand.
§31-15C-4. Technical assistance and grants-in-aid to counties
and municipalities; autonomy of county or municipality in establishing expedited permit process; precedence of conflicting provisions.
The division shall provide technical assistance and, subject
to availability of funds appropriated, grants-in-aid, to assist
counties and municipalities in establishing an expedited permit
process pursuant to section two of this article. Any city or
county receiving a grant shall enact an expedited permit process
within ten months of the date of receipt. Nothing in this
section or in section two of this article precludes a county
or municipality from establishing an expedited permit process pursuant to a procedure established by that county or
municipality.
In all cases the process established by the county or
municipality shall prevail over conflicting provisions of the
guidelines.
§31-15C-5. Information dissemination; streamlining and
coordination of all state agency permit processes
by the division; division to mediate disputes.
The division shall provide information to developers
explaining the permit approval process at the state and local
level.
The division shall ensure that all state agencies comply
with applicable requirements of this article.
The division may call a conference of parties to resolve
questions or mediate disputes arising from permit applications on
any proposed development project.
The division shall assist state and local agencies in
streamlining the permit approval process at the state and local
level.
§31-15C-6. Development of consolidated project information and
application forms for state agencies, counties and municipalities; consultation with the division of environmental protection required; procedure for permits required by state agencies; fee allowed subject to rulemaking procedures.
(a) The division, in consultation with the division of
environmental protection shall develop a consolidated project
information form which may be used by applicants for development
projects. This form shall provide sufficient information to
allow each state agency, department, commission, board or other
administrative division within an agency, to determine whether or
not the project will be subject to its permit requirements.
(b) Applicants for development projects may submit the form
provided by subsection (a) of this section to the division for
distribution to state agencies which have permit responsibilities
for development projects. The division shall send copies of the
form to these agencies within three days of receipt.
(c) Within thirty days of receipt of the form, each agency
shall notify the division in writing whether or not a permit from
that agency may be required. The agency shall then send the
division the appropriate permit application forms.
(d) Within fifteen days of receipt of the completed form
from the agencies, the division shall notify the applicant for a
development project in writing of any permits required for the
project specified, and shall send the applicant the appropriate
permit application forms received from state agencies.
(e) The division, in consultation with the division of
environmental protection, shall develop a consolidated project
application form which may be used by applicants for development
projects. The application form shall contain sufficient
information to allow state agencies, departments, commissions,
boards and other administrative divisions within the agencies, to
act on a permit for the project.
(f) Each state agency may develop its own consolidated
project application form which may be used by applicants for
development projects. The application form shall contain
sufficient information to allow the agency and any department,
commission, board and other administrative division within that
agency to act on a permit.
(g) The division, in consultation with county and municipal
governments, shall develop a consolidated project application
project application form which may be used by applicants for
development projects. The application form shall contain
sufficient information to allow local agencies to act on a permit
for the project and shall allow for any additional informational
needs of local agencies.
(h) The division may charge a fee to an applicant for a
development project. The fee may not exceed the estimated
reasonable cost of providing the services performed pursuant to this section. Before levying or changing fee, the division shall
propose legislative rules, subject to legislative approval,
pursuant to the chapter twenty-nine-a of this code.
NOTE: The purpose of this bill is to create a division of
permit assistance within the West Virginia Economic and
Development Authority. The division has as its purpose
streamlining the permit process for developers of residential,
commercial and industrial projects. The division is directed to
coordinate and consolidate the process, conferring with and
utilizing state agencies, departments, commissions, boards and
other administrative divisions within the agencies, as well as
counties and municipalities.
This article is new; therefore, strike-throughs and
underscoring have been omitted.