HB 1458 — Chief Resilience Officer of the Commonwealth; moves position under the Governor, etc.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2024 SESSION CHAPTER E753 An Act to amend and reenact §§ 2.2-220.5, 10.1-104.6:1, 10.1-603.25, 10.1-603.29, and 10.1-659 of the Code of Virginia and to repeal § 2.2-435.11 of the Code of Virginia, relating to Chief Resilience Officer of the Commonwealth;

Virginia Community FloodenceFlood Preparedness Fund;

O L [H 1458] L Approved EApril 8, 2024 Be it enacted by the General Assembly of Virginia:

D1. are amended and reenacted as follows:0.1-603.25, 10.1-603.29, and 10.1-659 of the Code of Virginia § 2.2-220.5.

That §§ 2.2-220.5, 10.1-104.6:1, 10.1-603.25, 10.1-603.29, and 10.1-659 of the Code of Virginia are amended and reenacted as follows:

§ 2.2-220.5.

A.as the primary coordinator of resilience and adaptation initiatives in Virginia and as the primary point of contact regarding issues related to resilience, recurrent flooding, all flooding-related pre-disaster hazard mitigation, and adaptation as that term is defined in § 10.1-603.28.

The GovernorChief Resilience Officer shall designatebe aequally Chiefresponsible Resiliencefor Officer.all urban, suburban, and rural areas of the Commonwealth.

TheAll Chiefagencies Resilienceof Officerthe Commonwealth shall serveassist as the primaryChief coordinatorResilience ofOfficer resilience and adaptation initiatives in Virginia and as the primarydischarge point of contacthis regardingduties issuesupon relatedrequest. to resilience, recurrent flooding, all flooding-related pre-disaster hazard mitigation, and adaptation as that term is defined in § 10.1-603.28.

TheB. Chief Resilience OfficHr shall be equally responsible for all urban, suburban, and rural areas of the Commonwealth.

All agencies 1f the ComB.

and (iv) initiate Officer,and inassist hiswith role,economic shalldevelopment also:ent opportunities associated with adaptation.

The Chief Resilience 1.Officer, in his role, shall also:

1.

Provide support to local governments, as that term is defined in § 10.1-603.28, that are seeking to promote resilience within their communities by providing technical assistance and capacity building support regarding best practices for resilienceesresilience planning, data collection, and project design and implementation;

Create and oversee Assist the Department of Conservation and Recreation with the development and implementation of a Virginia Flood Protection Master Plan and a Virginia Coastal Resilience Master Plan in accordance with § 10.1-602 to anticipate, prepare for, respond to, and recover from significant multi-hazard threats with minimum damage to social well-being, health, the economy, and the significant environment.;

§ 203.15, and enter into a integratinglegal resilience,agreement atwith the requestU.S. of and in coordination with an eligible funding recipient;

Army Corps of Engineers for the purpose of mitigating flooding and integrating resilience, at the request of and in coordination with an eligible funding recipient;

Department of of 6 Defense, for support for flood control initiatives to increase resilience related to U.S.

and of 6 c.

The Department shall utilize information provided by the Department of Agriculture and of 6 Consumer Services and the Department of Forestry when creating the Agriculture and Forestry map layers of ConserveVirginia.

Such information shall include, as appropriate, new data sources thEtthat better reflect the economic viability of working farms and forests.

The Department of Agriculture and Consumer Services and the Department of Forestry shall engage agriculture and forestry stakeholders to improve and refine the ConserveVirginia model to accurately reflect the conservation value of Rof 6 agricultural and forestal land in the Commonwealth.

Such information shall inform whether the Con§ConserveVirginia 10.1-603.25.conservation values related to agriculture and forestry have been achieved.

§ 10.1-603.25.

loan and grant program.hieved.program.

O A.

The Virginia Shoreline Resiliency Community Flood Preparedness Fund is hereby continued L established as a permanent and perpetual fund to be known as the Virginia Community Flood Preparedness Fund.

All sums that are designated for deposit in the Fund from revenue generated by the sale of emissions allowances pursuant to subdivision C 1 of § 10.1-1330, all sums that may be E appropriated to the Fund by the General Assembly, all receipts by the Fund from the repayment of loans made by it to local governments, all income from the investment of moneys held in the Fund, and any other sums designated for deposit to the Fund from any source, public or private, including any federal grants and awards or other forms of assistance received by the Commonwealth that are eligible for moneysdeposit in the Fund shallunder remainfederal inlaw, theshall Fundbe anddesignated befor crediteddeposit to it.the Fund.

AnyInterest moneysearned remainingon moneys in the Fund,onFund includingshall anyremain appropriatedin fundsthe andFund all principal, interest accrued, and payments,be atcredited the end of each fiscal year shall not revert to theit. general fund but shall remain in the Fund.

AllAny loansmoneys andremaining grantsin providedthe underFund, thisincluding articleany shallappropriated befunds deemedand toall promoteprincipal, theinterest publicaccrued, purposesand payments, at the end of enhancingeach floodfiscal Hyear preventionshall ornot protectionrevert andto coastalthe resilience.general fund but shall remain in the Fund.

BAll B.loans and grants provided under this article shall be deemed to promote the public purposes of enhancing flood prevention or protection and coastal resilience.

MoneysB. in the Fund shall be used solely for the purposes of enhancing flood prevention or4 protection and coastal resilience as required by this article.

TheMoneys Authorityin shall manage the F8ndFund and shall establishbe interestused ratessolely andfor repaymentthe termspurposes of suchenhancing loansflood asprevention providedor inprotection thisand articlecoastal inRaccordanceresilience withas arequired memorandumby ofthis agreementarticle. with the Department.

The Authority shall manage the Fund and shall establish interest rates and repayment terms of such loans as provided in this article in accordance with a memorandum of agreement with the Department.

The Department shall direct disC.distribution of loans and grants from the Fund in accordance with the provisions of subsection D.

C.

The Department, in consultation with the Secretary of Natural and Historic Resources and the Special Assistant to the Governor for Coastal Adaptation and Protection Chief Resilience Officer of thelthe Commonwealth, shall establish guidelines regarding the distribution and prioritization of loans and grants, including loans and grants that support flood prevention or protection studies of statewide or regional significance.

The Director shall convene an Advisory Review Committee (the Committee) to assist in the anddistribution make recommendations on the disbursement of moneysloans from the Fund and anygrants otherfrom appropriate Fund issues to the Department,Fund. the Secretary of Natural and Historic Resources, and the Chief Resilience Officer of the Commonwealth.

The Committee shall review applications to the Fund and make recommendations on the disbursement of moneys from the Fund and any other appropriate issues to the Department, the Secretary of Natural and Historic Resources, and the Chief Resilience Officer of the Commonwealth.