SB 485 — Authorizing DNR to enter certain third-party contracts

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Red = new code to be enacted WEST VIRGINIAvirginia LEGISLATURElegislature REGULARregular SESSIONsession IntroducedCommittee Substitute for Senate Bill 485 By Senators Sypolt and Smith [Introduced[Originating Januaryin 25,the 2022;Committee on Natural Resources;

referredreported on February 23, 2022]     A BILL to amend and reenact §20-5-15 and §20-5-16 of the CommitteeCode onof West Virginia, 1931, as amended, relating to the authority of the Division of Natural Resources;Resources to enter into certain contracts;

andincreasing thenterm toof theinitial Committee on Finance] A BILL to amend and reenactrenewal §20-5-15contracts andfor §20-5-16operation of the Code of West Virginia, 1931, as amended, relating to the authority of the Division of Natural Resource to enter into certain contracts.facilities;

authorizing certain contracts for certain facilities at all state parks and forests;

reducing term of renewal contracts for operation of certain facilities;

and requiring director to notify Joint Committee on Government and Finance of contracts for certain facilities.

the Joint Committee on Government and Finance §20-5-15.

(a) The director may enter into a contract with a person, firm, corporation, foundationfoundation, or public agency for the operation of a commissary, restaurant, recreational facilityfacility, or other establishment within the state parks and public recreational system, for a duration not to exceed ten 30 years, but the contract may provide for an option to renew at the director’s discretion for an additional term or terms not to exceed ten 20 years at the time of renewal:

(1) Enter into contracts with third parties for the financing, construction, and operation of new recreational, lodging, and ancillary facilities at Chief Logan State Park, Beech Fork State Park, Tomlinson Run State Park, Stonewall Jackson Lake State Park, Lost River State Park and Canaan Valley Resort State Park all state parks and state forests under the jurisdiction of the Division of Natural Resources.

(b) All contracts and renewals of the same shall be presented to the Joint Committee on Government and Finance for review and comment prior to execution.

(c) A contract may provide for renewal for the purpose of permitting continued operation of the facilities at the option of the director for a term or terms not to exceed 10 five years.

(d) Except as otherwise authorized by this section, no extension or renewal beyond the original twenty-five year term may be executed by the director absent the approval of the Joint Committee on Government and Finance (e)The (d)director Stonewallshall Jacksonprovide Lakenotice Stateof Park.any contract entered into pursuant to this section to the Joint Committee on Government and Finance.

--(e) (1)(d) With respect to the financing, construction, and operation of lodging at Stonewall Jackson Lake State Park,Park. in addition to the lodging in existence as of July 1, 2008, contracts entered into pursuant to this section may grant, convey, or provide for commercially reasonable lodging usage and related rights and privileges all on terms and conditions as the director may deem appropriate, desirable or necessary to attract private investment for the construction of additional lodging units.

-- (1) With respect to the financing, construction, and operation of lodging at Stonewall Jackson Lake State Park, in addition to the lodging in existence as of July 1, 2008, contracts entered into pursuant to this section may grant, convey, or provide for commercially reasonable lodging usage and related rights and privileges all on terms and conditions as the director may deem appropriate, desirable, or necessary to attract private investment for the construction of additional lodging units.

(B) That lodging unit contracts, with respect to any additional lodging units that may be financed, constructedconstructed, or operated pursuant to the provision of this section, shall generally conform to the contracts entered into by federal agencies or the National Park Service with private parties regarding privately financed property that is constructed, developeddeveloped, or operated on public lands administered by federal agencies or the National Park Service, subject to modification and adaptation by the director as the director deems appropriate, suitablesuitable, and relevant to any lodging units to be constructed at Stonewall Jackson Lake State Park.

Provided, That the party extended the renewal rights is in compliance with all material rights, dutiesduties, and obligations arising under his or her, herher, or its contract and all relevant and applicable provisions of federal, statestate, and local laws, rules, regulations, contractscontracts, or agreements at the time of renewal:

Provided, however, That if and in the event the director makes an affirmative determination that further renewals beyond the time periods set forth in this subsection are in the best interest of the state and Stonewall Jackson Lake State Park, giving due consideration to financial, operationaloperational, and other considerations deemed relevant and material by the director, that the director may authorize further renewals;

Nothing in this section is intended or shall may be construed to impose an obligation on the state to purchase, buy, buy outout, or otherwise acquire or pay for any lodging unit under this section, or to limit the right and ability of a private party to donate or contribute his or her, herher, or its interest in and to any lodging unit constructed under this section to the state or any charitable foundation that may be established and operating from time to time to support the continued operation and development of Stonewall Jackson Lake State Park;

(H) That the state shall have has no obligation whatsoever to purchase, buy, buy outout, or otherwise acquire or pay for any lodging unit that is developed or constructed under this section;

  NOTE:Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.

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Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.

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