Senate Bill No. 176
(By Senator Rowe)
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[Introduced January 11, 2002; referred to the 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 means 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 areas 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.