SB 655 — Relating to conservation districts generally

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Red = new code to be enacted WEST virginia legislature regular session IntroducedEnrolled Senate Bill 655 By Senator Trump [Introduced[Passed FebruaryMarch 18,7, 2019;

Referredin toeffect the90 Committeedays onfrom Governmentpassage] Organization]AN AACT BILL to amend and reenact §19-21A-3 and §19-21A-4 of the Code of West Virginia, 1931, as amended, all relating to conservation districts generally;

(4) (5) “Governing body” means the supervisors of any conservation district, town or city, council, city commission, county court, or body acting in lieu of a county court, in this state, and the term “governmental division” means any conservation district, town, city, or county in this state.

(5) (6) “Land occupier” or “occupier of land” means any person, firm, or corporation who shall hold title to, or shall be in possession of, any lands lying within a district organized under the provisions of this article, whether as owner, lessee, renter, or tenant.

(6) (7) “Landowners” or “owners of land” means any person or persons, firm, or corporation who holds title to any lands lying within a district organized under the provisions of this article.

(7) (8) “Notice” means notice published as a Class II legal advertisement in compliance with the provisions of §59-3-1 et seq.,seq. of this code and the publication area for such the publication shall be is the county in which is located the appropriate area.

Atof anythis hearingcode heldand pursuant to such notice at the timepublication andarea placefor designated in such the notice,publication adjournmentis may be made, from time to time, without the necessitycounty ofin renewingwhich suchis thelocated notice for such the adjournmentappropriate dates.area.

(8)At (9)any “Petition”hearing meansheld apursuant petitionto filedsuch undernotice at the provisionstime ofand §19-21A-5(a)place ofdesignated thisin codethe fornotice, adjournment may be made, from time to time, without the creationnecessity of arenewing district.the notice for the adjournment dates.

(9) (10)“Petition” “Soil conservation”, “erosion control”, or “erosion prevention projects” means thosea projectspetition thatfiled haveunder beenthe establishedprovisions byof federal§19-21A-5(a) agenciesof inthis cooperationcode with state agencies for the purposecreation of demonstratinga soildistrict. erosion control and water conservation practices.

(10) (11)“Soil “State”conservation”, “erosion control”, or “erosion prevention projects” means those projects that have been established by federal agencies in cooperation with state agencies for the Statepurpose of Westdemonstrating Virginia.soil erosion control and water conservation practices.

(11) (12)“State” “Supervisor” means one of the membersState of theWest governingVirginia. body of a district, elected or appointed in accordance with the provisions of this article.

(12) (13)“Supervisor” “Unitedmeans States”one or “agencies of the Unitedmembers States” means the United States of America, Natural Resources Conservation Service of the Unitedgoverning Statesbody Department of Agriculture,a anddistrict, anyelected other agency or instrumentality,appointed corporatein oraccordance otherwise,with of the Unitedprovisions States of America.this article.

(13) (14)“United “WorksStates” or “agencies of improvement”the meansUnited suchStates” structuresmeans asthe mayUnited beStates necessaryof orAmerica, convenientNatural forResources floodConservation preventionService orof the conservation,United development,States utilization,Department of Agriculture, and any other agency or disposalinstrumentality, corporate or otherwise, of water.the United States of America.

(14) “Works of improvement” means such structures as may be necessary or convenient for flood prevention or the conservation, development, utilization, or disposal of water.

(B) The Director of the stateState Agricultural and Forestry Experiment Station;

(8) (9) Accept and receive donations, gifts, contributions, grants, and appropriations in money, services, materials, or otherwise from the United States or any of its agencies, from the State of West Virginia, or from other sources and use or expend the money, services, materials, or other contributions in carrying out the policy and provisions of this article, including the right to allocate the money, services, or materials in part to the various conservation districts created by this article in order to assist them in carrying on their operations;

and (9) (10) Obtain options upon and acquire by purchase, exchange, lease, gift, grant, bequest, devise, or otherwise any property, real or personal, or rights or interests in the property;

(10) (11) To promulgate emergency and legislative rules to effectuate the provisions of this article as amended and reenacted by the Legislature during the 2018 regular session of the Legislature.

(11) (12) Upon a Governor’s proclamation declaring a state of emergency or federal disaster declaration, the state committee, its employees or agents may enter any water of the state for the purpose of removing debris and other obstruction which impede water flow and present additional flood hazards.

  NOTE:

The purpose of this bill is to clarify that the State Conservation Committee may operate and administer a conservation grant program providing financial assistance to conservation districts and others to promote approved conservation practices.

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