West Virginia Senate Bill 677 (2023) (Amending the State Resiliency and Flood Plan Protection Act)

West Virginia’s Senate Bill 677, enacted May 1, 2023, amended the State Resiliency and Flood Protection Planning Act, which was initially enacted in 2017 to expand the framework for flood resilience and disaster recovery. SB 677 created the West Virginia Flood Resiliency Trust Fund, affirmed that the State Resiliency Office is responsible for statewide coordination of disaster recovery and resiliency, and legislatively mandated new duties for the State Resiliency Officer. 

The legislation strengthened the authority and responsibilities of the State Resiliency Officer (SRO). The SRO is tasked with developing and updating the Flood Resiliency Plan biennially. The SRO is authorized to hire staff to carry out its duties, and administer and make contracts where appropriate regarding the below Funds.

The Act established and moved dedicated trust funds. The West Virginia Disaster Recovery Trust Fund was moved to be administered by the SRO. It is designed to provide flexible financial assistance during federally- or state-declared disasters, with at least 50 percent of funding disbursed to benefit low-income areas and households. The SRO may offer grants and loans to state and local governments, nonprofits, homeowners, and agricultural producers, cover the nonfederal match for federal disaster aid, provide aid to communities ineligible for federal recovery programs, and address immediate cash flow needs in disaster areas. The Fund was initially capitalized with a $10 million state allocation, with authority to be replenished annually. Each year, the SRO must submit an expenditure report to the State Resiliency Office Board by December 1. Upon verifying proper use of funds, the Board (which was established under HB 2985) may request the Governor to restore the Fund’s balance up to its $10 million capitalization.

The Bill also established the West Virginia Flood Resiliency Trust Fund, which is intended to fund pre-disaster flood resilience projects aligned with the state Flood Resiliency Plan. It is initially capitalized at $40 million, and no less than 25 percent of Community Development Block Grant–Disaster Recovery (CDBG–DR) funds received after a flood disaster must be deposited to support the development and implementation of the Flood Resiliency Plan. Like the Disaster Recovery Trust Fund, at least half of its disbursements must benefit low-income areas. The Flood Resiliency Trust Fund also prioritizes nature-based solutions, requiring that at least 50 percent of its disbursements go towards implementing such projects, and that of those disbursements, at least 25 percent go towards home acquisitions in vulnerable areas, relocation assistance, and floodplain restoration activities on acquired land. Acquired properties are “returned to open space” and future development banned. The SRO may manage disbursements, provide loans and grants to eligible entities, and oversee contracts and investments, while the State Resiliency Office Board verifies expenditures and submits annual budget requests to the Governor for replenishment.

The State Resiliency and Flood Protection Planning Act was first enacted in 2017 through House Bill 2935. The Act and the SRO responsibilities were subsequently amended by SB 389. 

 

Publication Date: May 1, 2023

Related Organizations:

  • State of West Virginia

Related Resources:

Sectors:

Resource Category:

Resource Types:

  • Funding program
  • Laws

States Affected:

Impacts:

  • Flooding
  • Precipitation changes
  • Riverine Flooding

Go To Resource