Senate Bill No. 441
(By Senator Rowe)
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[Introduced March 8, 2001; referred to the Committee on
Government Organization; and then to the Committee on Finance.]
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A BILL to amend chapter fifteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article five-b, relating to
creation of the flood control office; setting forth policies
and purposes; providing for a director; creating a flood
control board; creating a flood damage prevention fund;
setting forth duties and powers of the board; and setting
forth the director's powers and duties related to the flood
control office.
Be it enacted by the Legislature of West Virginia:
That chapter fifteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by adding
thereto a new article, designated article five-b, to read as follows:
ARTICLE 5B. FLOOD DAMAGE PREVENTION.
§15-5B-1. Policy and purpose.
In view of the vast damage and loss this state has endured as
the result of flooding in the past as well as the existing
probability that flooding will again occur and again cause damage
and loss, and in order to promote readiness, preparations,
preventive measures and plans of action to prevent flood damage in
the future, the Legislature declares its intention and design: (1)
To create a state flood damage prevention agency and to authorize
the creation of local and regional organizations for flood damage
prevention services in the political subdivisions of the state; (2)
to confer upon a director, certain powers and duties designed to
address, plan for and implement measures intended to deal with the
problem of flood damage in the state; (3) to provide for
cooperation among the political subdivisions of the state, other
states and the federal government with respect to implementing
plans and projects designed to prevent flood damage; and (4) to
establish and implement a comprehensive statewide plan to prevent
and adequately address flood damage.
It is further declared to be the purpose of this article and
the policy of the state that all flood damage prevention services of this state be coordinated to the maximum extent with the
comparable functions of the federal government as well as other
states and localities or private entities, so that the most
cost-effective use may be made of the state's resources to prevent
flood damage in the state.
§15-5B-2. Flood control office.
There is hereby created, within the office of the governor,
the state control flood damage office. A director of the office
shall be appointed by the governor with the advice and consent of
the Senate.
The director may employ technical, clerical and other
personnel and make expenditures within the limits of any applicable
appropriation or other available funds for the purpose of promoting
and achieving the purposes of this article. The director, shall be
executive head of the office and shall be responsible to carry out
a program for flood damage prevention services in this state. He
or she shall coordinate the activities of all organizations for
flood damage prevention services within the state and cooperate
with other agencies of state and local government, and if
appropriate, with other states and the federal government. The
director may be conferred with additional authority, duties and
responsibilities authorized by this article as may be prescribed by the governor.
§15-5B-3. West Virginia flood prevention and relief board created;
organization of board; appointment of board members;
term of office and expenses of board members;
meetings.
(a) There is hereby created the West Virginia flood control
board. The board shall advise the director on all matters
pertaining to flood damage prevention and perform other related
duties authorized or prescribed by this article. The board is
comprised of nine members, seven of whom are appointed by the
governor with the advice and consent of the Senate. The governor
or his or her designee is also a member, and he or she shall be
chairperson of the board. The director of the office of emergency
services or his or her designee is also a member, and he or she
shall act in the capacity of secretary and treasurer of the board.
(b) The seven members appointed by the governor shall be
appointed for overlapping terms of three years and serve until
their successors have been appointed. The original appointments
shall be appointed as follows: Three members shall be appointed
for a term of three years, two members shall be appointed for a
term of two years, and two members shall be appointed for a term of
one year. Members may be reappointed for any number of terms. Vacancies shall be filled by appointment by the governor for the
unexpired term of any member whose office becomes vacant and the
appointment shall be made within sixty days of the occurrence of a
vacancy. Members receive no compensation, but are entitled to
reimbursement for reasonable and necessary expenses incurred in
the performance of their duties.
(c) A majority of the members of the board who may appear for
all purposes at meetings in person or by teleconference or video
conference, constitutes a quorum for the purpose of conducting
business and meetings shall be held at the call of the chairperson.
(d) All expenses incurred by the board are payable solely from
funds of the board or from funds appropriated to the board by the
Legislature and no liability or obligation may be incurred by the
board in excess of available funds.
§15-5B-4. Powers and duties of the board; flood damage prevention
fund.
The board has powers necessary to carry out and effectuate the
purposes of this article. The board may:
(a) Accept appropriations, gifts, grants, bequests and devises
from any source for deposit into a flood damage prevention fund,
hereby authorized, and use the same to provide assistance to
persons or political subdivisions in implementing flood damage prevention plans, activities or projects;
(b) Make and execute contracts, leases, releases and other
instruments convenient for the exercise of its power;
(c) Permit or refuse to permit changes in the flows of waters
of the state which may cause flooding upon such term and conditions
as may be appropriate to prevent flood damage in the future.
(d) Require inspection and reports of water flow by landowners
who have culverts or other manmade channeling of water flows in the
state.
(e) Propose legislative rules to promote its activities;
(f) Sue and be sued;
(g) Acquire, hold and dispose of real and personal property;
(h) Enter into agreements with federal or state agencies or
with political subdivisions or persons in this state;
(i) Provide for the deposit of funds from the flood prevention
relief fund with the state board of investments for investment;
(j) Procure insurance against any loss in connection with its
property or activities in amounts as may be necessary or desirable;
(k) Make grants and provide technical services to assist in
the purchase, acquisition, planning, design, construction,
improvement or operation of devices, machinery, equipment, edifices
or structures intended for flood prevention or flood relief;
(l) Study the problem of flooding in this state, including
determining how to make flood insurance more affordable and
available in this state and determining what areas in the state
present the greatest risk for flood damage as well as the most
cost-effective methods to address flood insurance and flood damage
prevention in these areas. The board shall prepare and present a
comprehensive report of its findings in this regard to both houses
of the Legislature and to the governor no later than the first day
of July, two thousand two; and
(m) Do all acts necessary and proper to carry out its duties
under this article.
§15-5B-5. General powers of the director.
The director has general direction and control of the flood
control office and the director is responsible to insure that the
purposes of this article are promoted and achieved.
He or she shall cooperate with the federal government, other
states and private agencies and persons in all matters pertaining
to flood damage prevention that promote and achieve the purposes of
this article.
In performing his or her duties under this article the
director is further authorized:
(a) To propose legislative rules intended to carry out the provisions of this article;
(b) To prepare and implement a comprehensive plan and program
for a statewide program of flood damage prevention coordinated with
plans of the federal government or other states, and to coordinate
the preparation of these plans and programs with the political
subdivisions of this state;
(c) To make studies and surveys of industries, resources and
facilities in this state in order to ascertain the capabilities of
the state for providing flood damage prevention.
NOTE: The purpose of this article is to create a state
control office to prevent flood damage. The article provides for
a director of the office and for a flood control board. It sets
forth guidelines for appointment, terms and reimbursement of
expenses of the board as well as setting forth the board's powers
and duties. The board is directed to study problem areas in the
state relative to flooding and flood insurance and to report on
cost-effective means to prevent flooding. Finally, the bill sets
forth the director's powers and duties relative to the office.
This article is new; therefore, strike-throughs and
underscoring have been omitted.