Senate Bill No. 641
(By Senator Rowe)
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[Introduced March 26, 2001; referred to the Select Committee on
Economic Development.]
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A BILL to amend and reenact sections one, two, three, four, five,
six and ten, article twenty-five, chapter eight of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, all relating to providing that the governor
reorganize regional councils for planning development;
updating certain terms in accordance with current
circumstances and vernacular; providing for developing
policies for heritage preservation and tourism business
development; providing for assisting watershed associations,
soil conservation districts, scenic highway promotion groups
and nonprofit organizations; requiring that due consideration
be given for planning along highway corridors in the state; providing that delineated regions may overlap; including
"towns" and "communities" in the required statement of the
governor prior to certification of areas in a region;
providing the governor may enlarge areas or may reduce areas
on certain conditions; providing that members of the public
may participate in determining the formation of regions; and
providing that regional councils may share staff with other
regional councils and agencies of government pursuant to
mutual agreement.
Be it enacted by the Legislature of West Virginia:
That sections one, two, three, four, five, six and ten,
article twenty-five, chapter eight of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, be amended and
reenacted, all to read as follows:
ARTICLE 25. INTERGOVERNMENTAL RELATIONS -- REGIONAL PLANNING AND
DEVELOPMENT.
§8-25-1. Legislative findings and purposes.
The Legislature hereby finds and declares that as a result of
changes in the economy, population shifts, new transportation
demands and increasing demands for public services, and as a result
of increasing complexity in government programs and added demands
on public revenues, there is a need to plan comprehensively for the future development of West Virginia and to provide for the
efficient management of limited public revenues for the purpose of
promoting the orderly development of the state and harmonizing the
development of the state's governmental, social, economic,
environmental and physical resources, while maintaining acceptable
levels of public services and facilities toward the end of
promoting the general health, safety and welfare of all its
citizens. The Legislature further finds that the responsibility
for planning and development rests with the governor of the state,
as the state's chief planning officer. The Legislature hereby
further finds and declares that problems of growth and development
so transcend the boundary lines of governmental units that no
single unit can plan for the solution of these problems without
affecting other units of government; that intergovernmental
cooperation on a regional basis is an effective method to approach
common planning and development problems and to seek more efficient
and economical solutions to common problems of local government;
and that assistance of the state is needed to make the most
effective use of local, state, federal and private resources and
funding in serving the citizens of all the state and of such
regions; and the Legislature further finds that any assistance provided by the state for the purpose of this article is for the
benefit of all its citizens and for a public purpose.
It is, therefore, the purpose of this article to delegate to
the governor, the responsibility for planning and development in
order to: (1) Achieve the objectives and policies necessary for
the orderly growth of economic and tourism business and development
of the state; (2) facilitate intergovernmental cooperation; and (3)
designate regions and provide for the creation of regional planning
and development councils; all being hereby declared to be public
purposes.
§8-25-2. Definitions.
The following terms, wherever used or referred to in this
article, shall have the following meanings unless a different
meaning clearly appears from the context:
(a) "Comprehensive planning" shall mean the process of: (1)
Assessing, within a geographic an economic and tourism business
development area, the needs and resources of the area; (2)
formulating goals, objectives, policies and standards to guide its
long-range governmental, social, economic, environmental and
physical development; and (3) preparing plans and programs therefor
which: (A) Identify alternative courses of action and the spatial and functional relationships among the activities to be carried out
thereunder; (B) specify the appropriate ordering in time of such
the activities; (C) take into account other relevant factors
affecting the achievement of the desired development of the area;
and (D) provide an overall framework and guide for the preparation
of functional and project development plans.
(b) "Development" shall mean the process of implementing,
carrying out, effectuating, administering or otherwise performing
the activities, processes, steps or operations as necessary to meet
the comprehensive planning goals, objectives, programs and plans
formulated, accepted, adopted or approved as a result of
comprehensive planning.
(c) "Region" shall mean a specific geographic area consisting
of at least one county or two or more contiguous counties in which
a one or more regional council councils may exercise authority and
powers in accordance with the provisions of this article.
(d) "Regional council" shall mean means a regional planning
and development council established pursuant to the provisions of
this article.
§8-25-3. Powers and duties of governor generally.
The governor, as chief executive officer of the state, shall be responsible for planning and development of the state's
governmental, social, health, economic, environmental and physical
resources. In executing this responsibility, the governor shall:
(1) Prepare, revise and update state development plans which
he or she shall, at least annually, submit to the Legislature.
Such plans shall identify and stress statewide goals, objectives
and opportunities, giving appropriate consideration to regional
council and local governmental plans; and shall include, but not be
limited to, population and economic analysis; appraisals of the
state's natural resources; general land use policies; policies for
housing and urban development; transportation policies; policies
for heritage preservation and tourism business development;
policies for health services; manpower programs; employment
opportunities; education; law enforcement; environmental protection
and other programs; projection of needs for public facilities,
recreation and open space; and policies for intergovernmental
relations and governmental organization: Provided, That once a
regional plan is submitted to the governor by a regional council
for his or her consideration in preparing, revising or updating a
state plan, the governor shall have a period of sixty days from the
date such the
regional plan is received by him or her within which to specify in writing to the regional council his or her objection
or objections to such the
regional plan, and if no such objection
or objections are so specified, then such the
regional plan shall
become a part of the state plan being prepared, revised or updated;
and if any such objection or objections are so specified, the
regional council shall have a period of sixty days from the date of
receipt of such the
specification within which to modify its
regional plan or otherwise respond to such the
objection or
objections and, thereafter, the governor shall, in preparing,
revising or updating a state plan, give such
consideration to such
the
original regional plan, modified regional plan or other
response of the regional council, as the case may be, as he or she
deems considers appropriate;
(2) Advise and consult with regional councils and regional and
local planning agencies in developing state development plans and
studies;
(3) Facilitate the coordination of planning and development
activities of all state departments, agencies and institutions;
local governments; regional councils; and other public and private
agencies within the state;
(4) Review local, areawide and state applications for planning and development assistance;
(5) Review and appraise the progress of state government in
achieving the goals and objectives set forth in the state
development plans;
(6) Monitor and coordinate the state's participation in
federal and state aid programs and be responsible for liaison with
the appropriate federal and state agencies; and be responsible for
all federal programs which require the designation of responsible
state agencies, if no other state agency has heretofore been
legally designated;
(7) Assist local governments, regional councils, watershed
associations, soil conservation districts, scenic highway promotion
groups and other public bodies or nonprofit community organizations
in obtaining federal, state or other available funds and services;
(8) Facilitate state and local capital improvement projects to
meet the requirements of industrial and socio-economic development
in various governmental units within the state;
(9) Provide professional and technical assistance and make
information available to regional councils, watershed associations,
soil conservation districts, scenic highway promotion groups,
nonprofit community organizations, and local governments within the state; and be responsible for receiving and disseminating
information regarding federal grant assistance within the state;
and
(10) Apply for and accept advances, grants, contributions and
other forms of assistance from the state or federal government or
from any private or public agencies or foundations, to carry out
the provisions of this article.
§8-25-4. Delineation of regions and recommendations of governor
thereon; publication of statement fixing regional
boundaries; public hearings; certification of regional
boundaries; change in boundaries.
(a) Within sixty days after the effective date of this
article, the governor shall define and recommend for the purposes
of this article regional boundaries embracing each municipality and
county within the state with due consideration of planning along
highway corridors of the state.
(b) In delineating boundaries areas of the regions, the
governor shall consider such factors as the regional councils in
existence at the time of passage of this act and the units of local
government shall express by proper resolution, including regional
economic and tourism business development, heritage preservation
and tourism business development, regional community history, recreational and other interests and diversity interest and
homogeneity; geographic features and natural boundaries areas of
planning; patterns of communication, and transportation, technology
and commerce; patterns of urban and rural development; uniformity
of social and economic problems; special problems, boundaries areas
of existing metropolitan and other regional and substate planning
and administrative areas; and utility of the proposed boundaries
areas for efficient provision of governmental services.
Municipalities shall may
not be divided when forming a region.
except insofar as it is necessary to keep multicounty
municipalities within a region. Areas may overlap when appropriate
to accomplish the purposes of this article.
(c) The governor shall, within six months after the effective
date of this article, certify to the secretary of state the
boundaries areas of each region.
(d) Not less than sixty days prior to the certification of the
boundaries areas of any region, the governor shall cause a
statement setting forth identifying the counties, towns,
communities and areas to be included within the boundary area of
the proposed region to be published as a Class I-0 legal
advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for such
the
publication shall be the proposed region. The governor shall
forward a copy of the statement to the principal executive officer
or officers of each municipality and county located within the
proposed region.
(e) Prior to the time that the governor shall certify the
boundaries areas of a region, he or his the governor or his or her
designee shall conduct at least one public hearing at a convenient
place within the proposed region. The governor shall advertise the
meeting by means of a Class I-0 legal advertisement in compliance
with the provisions of said article three, and the publication area
for such the
advertisement shall be is
the proposed region. All
public and private organizations located in, and all individuals
residing in, municipalities, or counties, or communities within or
adjacent to the proposed region shall be permitted to appear and
testify on matters pertaining to its boundaries areas.
(f) At Any time following the certification of the boundaries
areas of any region, the governor may enlarge or reduce change such
boundaries the areas: Provided, That any reduction in area shall
be made pursuant to the criteria and procedures set forth in
subsections (b), (c), (d) and (e) of this section.
§8-25-5. Formation of regional councils; purpose; receipt of funds
and assistance; effect on interstate planning
commissions and other existing organizations.
(a) The governor shall provide for an organizational meeting
of each of the regional councils within sixty days after his or her
certification pursuant to section four of this article. He or she
shall notify the president of each county court commission and the
mayor of each municipality of the region of the time and place of
such the
meeting. The official so notified shall attend this
meeting or shall designate a representative. In the case of the
county court commission, another member of the court commission
shall be the designee or, in the case of a municipality, a member
of the governing body of such the
municipality shall be is
the
designee. Those present shall constitute a quorum and shall select
a temporary chairman and secretary and shall provide for a
subsequent meeting or meetings at which time the members provided
for in section six of this article shall be is
nominated and
elected and the permanent organization and bylaws established.
Members of the public and representatives of interested groups may
speak on the issues of the business of the organizational meeting.
(b) Each regional council formed pursuant to this article
shall fulfill the purposes of development regions and shall be eligible to receive state funds and technical assistance in
accordance with the provisions of this article.
(c) (1) Nothing herein contained shall in any way limit or
restrict the powers, duties and responsibilities of planning bodies
organized under article twenty-six of this chapter relating to
interstate planning commissions.
(2) Interstate planning commissions in existence on the
effective date of this article are hereby designated as the
planning and development councils for the region, insofar as the
West Virginia member counties of such interstate planning
commissions are concerned, and such the
commissions shall be are
empowered to act as the planning and development councils for such
the
regions insofar as the West Virginia member counties are
concerned.
(3) When additional West Virginia counties are added, under
the provisions of this article, to such interstate planning
commissions, their membership in such the
commissions shall comply,
insofar as the West Virginia counties are concerned, with the
council membership requirements of this article.
(4) Regional councils or commissions established under this
article and article twenty-six of this chapter may, at the option of the county courts commissions of the participating West Virginia
counties, continue to have all the powers, duties and
responsibilities permitted and required under said article
twenty-six, in addition to the powers, duties and responsibilities
provided herein for regional councils.
(5) State regional councils or commissions and their
corresponding boundaries areas in existence on the effective date
of this article, which were established under the former provisions
of this article, and any nonprofit corporation in existence on the
effective date of this article, which was established under chapter
thirty-one of this code and pursuant to section eighteen, article
five, chapter seven of this code and which has had in its employ a
full-time paid executive staff for a period of no less than six
months immediately prior to the effective date of this article, may
be designated by the governor as planning and development regions
and regional councils. Such The
designation shall be is
made
within sixty days after the effective date of this article.
Regional councils so designated shall have a period of six months
from the date of designation to comply with the membership
structure required by this article. Nothing herein contained shall
be is
construed to deprive such the
existing state regional councils of their legal authority prior to the expiration of the
aforementioned six-month period.
§8-25-6. Membership, organization, etc., of regional council;
executive committee; officers and personnel.
(a) All municipalities and all counties within the region
shall be represented on the regional council. The county
representative shall be the president of the county commission or
a member of the county commission designated by him or her. The
municipal representative shall be the mayor or a member of the
governing body designated by him or her. The number of members of
the regional council by virtue of this subsection shall comprise
not less than fifty-one percent of the total number of members.
(b) Regional council members serving by virtue of subsection
(a) of this section shall select additional members to serve on the
council to represent principal community or regional interests,
including, but not limited to, commerce, tourism, heritage
preservation, recreation, music, arts, entertainment, banking,
industry, labor, agriculture, education, health, watershed and any
such interests as may be required by federal law or regulations.
The selection of
such the
members shall also provide for reasonable
representation of geographic, economic, cultural, and ethnic and
other interested groups without exclusion of significant minority groups. Subsequent changes in the designation of representatives
shall be determined by the regional council. The number of members
serving by virtue of this subsection shall not exceed forty-nine
percent of the total number of members.
(c) Each regional council shall select from its membership a
chairman president, who shall preside at each council meeting, and
an executive committee which shall be comprised of one
representative from each county commission and one representative
from the largest municipality within each county in the region and
such any
other members as the aforesaid representatives may select,
but
such the
other members so selected
shall may
not constitute
more than forty-nine percent of the total membership of the
executive committee. The executive committee shall perform
such
the
administrative duties as are prescribed by the regional council
in its bylaws and shall exercise the review function provided for
in section nine of this article. Each regional council may further
provide for
such any
other officers as it shall deem consider
necessary and may establish other committees which may include
citizens who are not regional council members.
(d) Each regional council shall establish personnel rules and
shall appoint a director who shall be qualified by reason of training interest, energy and experience. The director
shall be is
empowered to appoint and remove other employees in accordance with
the regional council's personnel rules. He or she may, with the
approval of the executive committee, enter into agreements with
other regional councils and/or public agencies involved in
governmental agencies within the region and in adjacent regions for
the use or sharing of personnel, equipment and facilities.
(e) Whenever When a person associated with a public utility or
bank any organization, business or other enterprise has a conflict
of interest between the council and that public utility or bank
entity, or when any other member of the council has a direct
pecuniary interest in a question before the council, then he or she
must recuse himself or herself from any vote, discussion or other
activity associated with the council or its members that creates
creating the conflict of interest.
§8-25-10. Cooperation of regional council and other planning or
development agencies, governmental units and
officials.
(a) To effectuate the purposes of this article, regional
councils shall cooperate and collaborate and may share staff
pursuant to agreements by the parties, with each other and with
planning agencies or development agencies within the region or within other regions, with the governing bodies and administrative
officials of any municipality, county or any other political
subdivision in order to coordinate or collaborate in planning and
development for the cooperating counties and further to enhance and
coordinate planning and development along the highway corridors of
the state. including those
(b) Regional councils shall cooperate and collaborate with
similar councils and entities in other states, or with any other
entity, private or public, whose interests are in harmony with the
purposes of this article, in order to coordinate and harmonize
planning and development for the cooperating units and, further to
enhance and coordinate planning and development along the highway
corridors leading to and in this state.
(c) All state departments and agencies shall cooperate with
regional councils established under this article and shall make
available for the studies conducted by such the
councils, reports,
data and other informational and technical assistance within
financial and personnel limitations.
(d) Each regional council may appoint such committees or
members to joint committees and may adopt such rules and
regulations as may be proper to effect such the
coordination and integration, and staffing agreements where approved. The governing
bodies and administrative officials of municipalities, counties and
other political subdivisions within this state are hereby empowered
and authorized to cooperate and collaborate and may share staff as
may be agreed to with such
planning and development agencies and
with the governing bodies and administrative officials of state
agencies and political subdivisions and planning and development
agencies of this state, and to cooperate with similar agencies and
bodies
in other states for the purpose of such coordination,
collaboration and integration in accordance with the provisions of
this article.
NOTE: This bill
would have the governor reorganize the
regional planning council. They would continue existing duties
relating to planning and development and they would expressly be
directed to plan for regional development and tourism business
development including development based upon heritage preservation.
Regional councils would cooperate and collaborate with similar
organizations and government entities of the state. The regional
councils would work with and assist watershed associations, soil
conservation districts, scenic highway promotion groups and
nonprofit community organizations. Due consideration of planning
along highway corridors of the state would be required. Delineated
regions may overlap. The governor may enlarge an area and reduce
them pursuant to legal notice and procedures but need not vote on
them. Regional councils may share staff with other regional
councils and agencies of government pursuant to mutual agreement.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would
be added.