West Virginia Senate Bill 389 (2021): Relating to State Resiliency Office responsibility to plan for emergency and disaster response, recovery, and resiliency
West Virginia Senate Bill 389, enacted in 2021, amended the duties of the State Resiliency Office, which was initially established in 2017 through HB 2935, and formally established a State Resiliency Officer position to lead the Office. The legislation clarified the Office's role in coordinating efforts among government agencies, first responders, and other entities to reduce loss of life and property, lessen the impact of future disasters, and promote economic growth and resilience in the aftermath of incidents.
The bill formally defined the Office’s role as the central authority for coordinating emergency and disaster planning, response, recovery, and resiliency, and it moved the Office from the Department of Commerce to the Office of the Governor. The Office maintained its function as the recipient and coordinator of recovery and resiliency funds, excluding Stafford Act funds. It created the State Resiliency Officer (SRO) position, appointed by the Governor with Senate confirmation, and vested with the authority to chair the Board and break tie votes. The law set professional qualifications for the SRO, including five years of managerial or strategic planning experience in hazard mitigation, emergency management, or disaster recovery, and NIMS certification. It further required the appointment of a Deputy State Resiliency Officer, chosen from a list submitted by the State Resiliency Office Board and appointed by the Governor with Senate confirmation, who must have three years experience and a NIMS certification.
The bill expands the duties of the Board, which was also established through HB 2935, to include assisting the SRO to:
- Evaluate the state’s role in construction permitting to expedite approvals after disasters;
- Review laws and regulations that create or add to risk;
- Inventory planned state agency activities for their impact on resiliency;
- Recommend steps to improve efficiency and resource-sharing;
- Identify and address issues such as zoning conflicts, buy-out programs, and flood storage;
- Ensure all counties and municipalities maintain updated Hazard Mitigation and Local Comprehensive Disaster Plans consistent with state plans;
- Conduct risk and vulnerability assessments of highways, stormwater systems, housing in riparian zones, and historic and cultural resources;
- Establish working groups to evaluate vulnerabilities and economic opportunities;
- Create emergency permitting procedures for state and local governments; and
- Develop a model long-term recovery plan after catastrophic events.
The legislation also changed the composition of the State Resiliency Office Board by adding the SRO, the Secretary of the Department of Health and Human Resources, the President of the West Virginia Emergency Management Council, and Director of the Division of Emergency Management, plus four nonvoting state legislative members. The SRO replaced the Secretary of Commerce as chair. The bill required the Board to elect a vice chair to preside in the absence of the chair.
The bill amends the State Resiliency and Flood Protection Plan Act, West Virginia Code § 29-31-2.
Publication Date: February 24, 2021
Related Organizations:
- State of West Virginia
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- Laws
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