WEST VIRGINIA LEGISLATURE REGULAR SESSION OriginatingEnrolled Senate Bill 735 BYBy SENATORSSenators WWoodrum, OODRUMBarrett, ,Hamilton, BARRETT,Hunt, HAMILTON,Jeffries, UNTPhillips, ,Queen, JEFFRIES,Smith, PHILLIP,Stuart, UEENSwope, ,and MITH,Weld TUART[Passed ,March WOPE11, ,2023; AND W ELD [Originating in the Committee on Government Organization;

reportedin oneffect February90 24,days 2023]from Orgpassage] Enr SB 735 AAN BILLACT to amend and reenact §5B-1A-3§5B-2-15 of the Code of West Virginia, 1931, as amended;

and to amend and reenact §5B-2-15 of said code, to amend and reenact §5B-2A-3 and §5-2A-4 of said code;

to amend and reenact §11-13X-§11-13X-9 9 of said code;

and to amend and reenact §31G-1-5 and §31G-1-14 of said code, all relating to clarifying the department responsible for the administration of certain programs.programs;

providing an extension on the date work is to be concluded;

providing the Governor appoint and set the salary of the director of the office;

providing that funding for the position and to carry out the duties of the office shall be as provided by appropriation of the Legislature;

and providing requirements for quarterly reports.

ARTICLE 1A.

WEST VIRGINIA RAILS TO TRAILS PROGRAM.

§5B-1A-3.

Definitions.

(1) "Abandoned railroad rights-of-way" means land on which discontinuance of rail service has been authorized by the interstate commerce commission.

(2) "Division" means the Division of Tourism and parks Division of Natural Resources.

(3) "Nonmotorized recreational trail use" means bicycle, hiking, cross-country skiing, horseback riding, horse drawn wagon, jogging, or other similar activities.

(4) "Rail bank" means the holding intact of an abandoned railroad right-of-way for future railroad service.

(5) "Rail trail" means an abandoned railroad right-of-way utilized in the interim as a public nonmotorized recreational trail.

— Org SB 735 "Contributing partners" means those entities or their representatives described in subsection (f) of this section.

Enr SB 735 "Program" means the Upper Kanawha Valley Resiliency and Revitalization Program established in this section.

To further this purpose, this program creates a collaboration among state Org SB 735 government, higher education, and private and nonprofit sectors to streamline technical assistance capacity, existing services, and other resources to facilitate community revitalization in the Upper Kanawha Valley.

(3) It is the intent of the Legislature to identify existing state resources that can be prioritized to support the Upper Kanawha Valley, generate thoughtful and responsible ideas to mitigate the negative effects of the departure of the West Virginia Institute of Technology from the Upper Kanawha Valley, and help chart a new course and prosperous future for the Upper Enr SB 735 Kanawha Valley.

(2) The program shall remain active until it concludes its work on June 30, 2024,2029, and delivers a final report to the Joint Committee on Government and Finance no later than October 1, 2024.

The revitalization council shall be coordinated by the Development Office in the Department of Commerce Department of Economic Development and be subject to oversight by the secretary of the department.

(2) The Secretary of the Department of Health and Human Resources or their designee;designee; Org SB 735 (3) The Commissioner of the Department of Agriculture or their designee; (4) The Executive Director of the West Virginia Housing Development Fund or their designee; (5) A representative from the Kanawha County Commission;

(3) The Commissioner of the Department of Agriculture or their designee;

(4) The Executive Director of the West Virginia Housing Development Fund or their designee;

(5) A representative from the Kanawha County Commission;

and Enr SB 735 (9) A representative from West Virginia University.

Org SB 735 (f) Contributing partners.

(1) The West Virginia Small Business Development Center;Center; (2) The Center for Rural Health Development; (3) The West Virginia University Brickstreet Center for Entrepreneurship;

(2) The Center for Rural Health Development;

(3) The West Virginia University Brickstreet Center for Entrepreneurship;

Enr SB 735 (6) The New River Gorge Regional Development Authority;

Org SB 735 (h) Economic incentives for businesses investing in the Upper Kanawha Valley.

— The Department of Economic Development or other owner of state property and equipment in the Upper Kanawha Valley is Enr SB 735 authorized to provide for the low cost and economical use and sharing of state property and equipment, including computers, research labs, and other scientific and necessary equipment to assist any business within the Upper Kanawha Valley at a nominal or reduced-cost reimbursements to the state for that use.

(1) "Department" means the Department of Environmental Protection established in §22-§22-1- 1-11et etseq. seqof this code;

of this code;

(4) "Renewable and alternative energy"meansenergy" means energy produced or generated from natural or replenishable resources other than traditional fossil fuels or nuclear resources and includes, without limitation, solar energy, wind power, hydropower, geothermal energy, biomass energy, biologically derived fuels, energy produced with advanced coal technologies, coalbed methane, Org SB 735 fuel produced by a coal gasification or liquefaction facility, synthetic gas, waste coal, tire-derived fuel, pumped storage hydroelectric power or similar energy sources;

and (5) "Secretary" means the Secretary of the Department of Commerce.Economic Development.