reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 1A. West Virginia Rails to Trails Program › §5B-1A-1. Purpose

The Legislature hereby declares that the long-term value to the public of retaining networks of abandoned railroad corridor lines is substantial, not only for the preservation of corridors for future rail transportation uses, but in terms of providing interim recreational use, providing public open space and linking together other community areas and recreational spaces, providing for efficient and convenient placement of underground utilities and telecommunication lines, providing environmental greenways and wildlife habitat, providing public access to other forms of recreation and improving economic development opportunities associated with all of the above listed multiple uses.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 1A. West Virginia Rails to Trails Program › §5B-1A-2. Rails to Trails Program

There is continued within the state rail authority provided for in article eighteen, chapter twenty-nine of this code the “West Virginia Rails to Trails Program,” the purpose of which is to acquire or assist with the acquisition of, and to develop or assist with the development of, abandoned railroad rights-of-way for interim use as public nonmotorized recreational trails.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › 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.
(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.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 1A. West Virginia Rails to Trails Program › §5B-1A-4. Powers and Duties of the Authority

The state rail authority is authorized to:
(1) Enter into agreements with any person on behalf of the state to acquire an interest in any abandoned railroad right-of-way, to develop, maintain or promote any rail trails created pursuant to the provisions of this article and, with the consent of the director of the Division of Natural Resources, to transfer the maintenance and operation of rail trails created and developed to the Division of Natural Resources.
(2) Assist any political subdivision or any person in acquiring an interest in any abandoned railroad right-of-way and in developing, maintaining or promoting rail trails.
(3) Evaluate existing and potential abandoned railroad rights-of-way so as to identify such lands as may be suitable for nonmotorized recreational trail use.
(4) Establish state rail trails, subject to the limitations on acquisition of land for state recreational facilities as set forth in section twenty, article one, chapter twenty of this code.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 1A. West Virginia Rails to Trails Program › §5B-1A-5. Powers to Hold and Acquire Real Property

(a) The state rail authority shall hold fee simple title or any lesser interest in land, including easements and leaseholds, on all abandoned railroad rights-of-way acquired by the state and utilized for interim nonmotorized recreational trail use pursuant to the provisions of this article. The state rail authority may, at the option of a political subdivision of this state, hold fee simple title or any lesser interest in land, including easements and leaseholds, on all abandoned railroad rights-of-way acquired by such political subdivision and utilized for interim nonmotorized recreational trail use. Any provision of article one-a, chapter twenty of this code to the contrary notwithstanding, the public land corporation shall not be vested with title to any abandoned railroad right-of-way which becomes vested in the state pursuant to the provisions of this article.
(b) The state rail authority may acquire an interest in an abandoned railroad right-of-way to be used as a rail trail, in accordance with the provisions of section six, article eighteen, chapter twenty-nine of this code.
(c) The state rail authority shall issue a rail bank certificate for each abandoned railroad right-of-way held by the state rail authority for interim nonmotorized recreational purposes in accordance with the provisions of section six of this article.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 1A. West Virginia Rails to Trails Program › §5B-1A-6. Abandoned Rights-of-Way Owned by the State Prior to Effective Date of Article

(a) No abandoned railroad right-of-way acquired by the state prior to the effective date of this article and used as a rail trail may be used for any purpose that would unreasonably limit the ability to restore rail service over the right-of-way if such service were to be required in the future.
(b) Any and all abandoned railroad rights-of-way acquired by the state prior to the effective date of this article are hereby declared held for railroad transportation purposes as of the date of acquisition, until, by executive order of the Governor, the right-of-way is declared no longer suitable for a public transportation purpose as a railroad right-of-way. Such abandoned railroad rights-of-way shall not revert by operation of law to any other ownership while being held for future railroad use in accordance with the provisions of this article.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 1A. West Virginia Rails to Trails Program › §5B-1A-7. Railroad Rights-of-Way Preservation

(a) Upon receipt of a notice to abandon a railroad right-of-way by the owner thereof, the commissioner may enter into an agreement with the owners of the railroad right-of-way to preserve intact the railroad right-of-way for a period of time not to exceed three months to afford the state sufficient time to evaluate the potential for use by the state for the purposes of this article, and the funds available for acquisition.
(b) With regard to any land or an interest therein actually acquired by the state pursuant to the provisions of this article:
(1) Every specifically identified railroad right-of-way, including all bridges still in place, shall remain intact except for necessary modifications required to adapt the right-of-way for use as a nonmotorized recreational trail, except for where it is necessary for a motorized vehicle to cross the trail;
(2) Any abandoned railroad right-of-way shall be used solely for nonmotorized recreational purposes, subject to such right-of-way being made available for future rail use, if necessary; and
(3) Any abandoned railroad right-of-way acquired by the state pursuant to the provisions of this article shall be deemed to be held for railroad use and in continuation of the railroad easement and shall not revert by operation of law to any other ownership during the term of the agreement or during the term of a rail bank certificate issued pursuant to section five of this article.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 1A. West Virginia Rails to Trails Program › §5B-1A-8. Limitation on Liability of Owner From Whom State Acquires Land or Interest Therein

During the interim period when an abandoned railroad right-of-way is held by the state for possible future railroad use, the owner of the railroad right-of-way from whom the state acquired the land or an interest therein is relieved from civil liability for any personal injury or property damage occurring on the right-of-way during such interim period, which might otherwise arise from ownership.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 1A. West Virginia Rails to Trails Program › §5B-1A-9. Limitation on Liability of Persons Making Land Available for Trail Use Without Charge

(a) General rule. -- Except as specifically recognized or provided in subsection (d) of this section, an owner or lessee who provides the public with land for use as a trail under this article or who owns land adjoining any trail developed under this article owes no duty of care to keep the land safe for entry or use by others for recreational purposes, or to give any warning to persons entering or going on the trail or adjoining land of a dangerous condition, use, structure or activity thereon.
(b) Owner. -- Any person, public agency or corporation owning an interest in land utilized for recreational trail purposes pursuant to this article shall be treated as an "owner" for purposes of this article.
(c) Specific limitations on liability. -- Except as specifically recognized by or provided in subsection (d) of this section, an owner or lessee who provides the public with land or who owns adjoining land to the trail under this article is not, by providing that trail or land or owning land adjoining the trail:
(1) Presumed to extend any assurance that the land is safe for any purpose;
(2) Incur any duty of care toward a person who goes on that land; or
(3) Become liable for any injury to persons or property caused by an act or an act of omission of a person who goes on that land.
(d) Exception. --
(1) This section does not apply to the owner or lessee of the land used as a trail if there is any charge made or usually made for entering or using the trail or land, or any part thereof.
(2) This section does not apply to the owner of land adjoining a trail if there is any charge made or usually made by the owner of such adjoining land for using the trail or land, or any part thereof, or if any commercial or other activity relating to the use of the trail whereby profit is derived from the patronage of the general public is conducted on such adjoining land, or on any part thereof.
(3) The foregoing applies whether the person going on the land provided or adjoining is an invitee, licensee, trespasser or otherwise.
(e) This article does not relieve any person of liability which would otherwise exist for deliberate, willful or malicious injury to persons or property. The provisions of this article do not create or increase the liability of any person.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 1B. Southern West Virginia Lake Development Study Commission › §5B-1B-2. Legislative Findings

(a) The Legislature finds that the southern coalfields of West Virginia, long one of the most productive coal producing areas of the world, having provided untold millions of dollars to the state economy, and having been the financial backbone of the states economy for over a century, is now in the midst of a long decline in coal production and population, and because of rugged terrain and remoteness from surrounding regions, suffers from high unemployment and deteriorating infrastructure and economic base, and requires innovative and alternative approaches to revitalization; and therefore demands the Legislature look at innovative ideas and alternatives for new industries and businesses that provide sustainable long term development for southern West Virginia.
(b) The natural beauty of the mountainous regions, now popular with outdoor enthusiasts for its Hatfield McCoy Trail System, would be an ideal location for a large recreational lake or lakes, constructed with hundreds of miles of lake front property, tens of thousands of acres of lake surface, near a four lane highway and situated near large tracts of developable property, with carefully considered design and development, could create a new and exciting recreational area of the state, and provide a myriad of opportunities for further development and with creative initiative could revitalize this area of our state. Such a proposal is worthy of careful study and marshalling the forces of our state and federal governments to thoroughly evaluate and consider this development, maximizing the design and use of a lake or lake system to provide a variety of benefits, potentially including hydro-electric generation, resort developments, housing, and economic opportunities that would create diversity and renewal to this long neglected and deserving area of our state.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 1B. Southern West Virginia Lake Development Study Commission › §5B-1B-4. Report to the Legislature

The commission shall provide regular updates to the Legislature, through the Joint Committee on Government and Finance, and shall complete this study and its recommendations by July 1, 2022. The report shall include at a minimum, recommendations for any necessary legislation, funding recommendations, and analysis of the implications and costs associated with the development project provided in this article.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2. Department of Economic Development › §5B-2-1. West Virginia Department of Economic Development; Confidentiality

(a) The West Virginia Development Office, previously continued from the Governors office of community and industrial development, is hereby continued but is hereafter raised to a separate and distinct department of the executive branch of state government and is designated and shall be known as the West Virginia Department of Economic Development. All references in this code to the West Virginia Development Office, the office of community and industrial development, or the Governors office of community and industrial development shall be construed as references to the West Virginia Department of Economic Development. As used in this article, "Department" means the Department of Economic Development.
(b) Any documentary material, data or other writing made or received by the Department of Economic Development or other public body whose primary responsibility is economic development, for the purpose of furnishing assistance to a new or existing business shall be exempt from 29B-1-1
et seq
. of this code:
Provided
, That any agreement entered into or signed by the Department of Economic Development or other public body which obligates public funds shall be subject to inspection and copying pursuant to 29B-1-1
et seq
. of this code as of the date the agreement is entered into, signed or otherwise made public.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2. Department of Economic Development › §5B-2-2. Office of Secretary of Department of Economic Development

(a) The Secretary of the Department of Economic Development is the chief executive officer of the department. The Governor shall appoint the secretary, by and with the advice and consent of the Senate, for the term for which the Governor is elected, and the secretary shall serve at the will and pleasure of the Governor. Any reference in this code to the Executive Director of the West Virginia Development Office means the Secretary of the Department of Economic Development. As used in this article, "secretary" means the Secretary of the Department of Economic Development. Subject to the provisions of the contract provided in 5B-2-4 of this code, the secretary may hire, and fire economic development representatives employed pursuant to 5B-2-5 of this code.
(b) The secretary may promulgate rules to carry out the purposes and programs of the Department of Economic Development to include generally the programs available and the procedure and eligibility of applications relating to assistance under the programs. These rules are not subject to Chapter 29A of this code, but shall be filed with the Secretary of State. The secretary may adopt any of the rules previously promulgated by the West Virginia Development Office or the council for community and economic development.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2. Department of Economic Development › §5B-2-3. Powers and Duties of the Secretary

(a) The secretary shall enhance economic growth and development through the development of a comprehensive economic development strategy for West Virginia. "Comprehensive economic development strategy" means a plan that outlines strategies and activities designed to continue, diversify or expand the economic base of the state as a whole; create jobs; develop a highly skilled workforce; facilitate business access to capital, including venture capital; advertise and market the resources offered by the state with respect to the needs of business and industry; facilitate cooperation among local, regional and private economic development enterprises; improve infrastructure on a state, regional and community level; improve the business climate generally; and leverage funding from sources other than the state, including federal and private sources.
(b) The Department of Economic Development shall utilize, to the fullest extent practicable and efficient, existing resources of the Department of Commerce for functions necessary for the operation of the department but which functions are not directly related to the purposes of the department listed in subsection (a) of this section. The Department of Economic Development may enter into such agreements with the Department of Commerce or other agencies of this state as may be necessary or advisable to utilize existing resources of this state.
(c) The Secretary of the Department of Economic Development may designate, in writing, a list of positions within the department that shall be exempt from coverage under the states classified service.
(d) The Department of Economic Development shall be exempt from 5A-3-1
et seq
. of this code.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2. Department of Economic Development › §5B-2-3b. Economic Development Promotion and Closing Fund

The previously created fund known as the "Development Office promotion fund" is hereby continued but shall hereafter be known as the "Economic Development Promotion and Closing Fund". Moneys deposited in this fund shall be administered by the Department of Economic Development and used solely to promote business formation, expansion, recruitment and retention through aggressive marketing and international development and export assistance, and to provide a fund from which moneys may be drawn to offer certain incentives for business formation or expansion, to provide assistance with respect to site development or other concerns identified by the secretary, and to further facilitate economic development in this state, all of which economic development efforts and initiatives lead to more and better jobs with higher wages for all geographic regions and communities of the state, including rural areas and urban core areas, and for all residents, including minorities.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2. Department of Economic Development › §5B-2-4. Public-Private Partnerships

The Department of Economic Development may enter into contractual or joint venture agreements with a nonprofit corporation organized pursuant to the corporate laws of the state, organized to permit qualification pursuant to section 501(c) of the Internal Revenue Code and for purposes of the economic development of West Virginia, and funded from sources other than the state. The contract shall include provisions relating to the employment of economic development representatives assigned to the Department of Economic Development to be paid a base salary by the state and performance-based economic incentives from private funds of the nonprofit corporation. Provisions relating to hiring practices with respect to economic development representatives, job descriptions, accountability, public-private liaison, and performance standards may be the subject of contract negotiations. The contract may include provisions for continuing education and certification in the field of economic or industrial development for persons employed as economic development representatives. Agreements providing for the payment of performance-based incentives to the secretary are authorized. Agreements providing for the payment of travel and other expenses of or to the secretary or of or to economic development representatives from private funds by the nonprofit corporation are authorized. The prohibitions of 6B-2-5 (b) and 6B-2-5 (d) of this code are not applicable to the receipt by economic development representatives or by the secretary of performance-based incentives and other payments made by the nonprofit corporation and specifically authorized pursuant to this section.
From time to time the secretary may enter into joint ventures wherein the department and the nonprofit corporation share in the development and funding of economic development programs.
All contracts and joint venture agreements must be approved by the secretary. Contracts entered into pursuant to this section for longer than one fiscal year shall contain, in substance, a provision that the contract shall be considered cancelled without further obligation on the part of the state if the State Legislature or, where appropriate, the federal government, shall fail to appropriate sufficient funds therefor or shall act to impair the contract or cause it to be cancelled.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2. Department of Economic Development › §5B-2-4a. State Allocation to Regional Councils

The Department of Economic Development may enter into contractual agreements with the regional councils formed under 8-25-5 of this code to provide funding to the regional councils to be used to obtain federal matching grants and for other purposes determined to be appropriate by the department:
Provided
, That the amount of any allocation shall be determined by dividing the number of eligible regional councils into the total amount of funds made available for allocation by the Legislature. The Department of Economic Development shall develop criteria to determine a regional councils eligibility for the state allocation.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2. Department of Economic Development › §5B-2-6. Transition; Savings Provision

All programs, orders, determinations, rules, permits, grants, contracts, certificates, bonds, authorizations and privileges which have been issued, made, granted or allowed to become effective pursuant to any prior enactments of this article or by the Governor, the Governors Office of Community and Industrial Development or its director, or by a court of competent jurisdiction, and which are in effect on February 1, 1992, shall continue in effect according to their terms until modified, terminated, superseded, set aside or revoked by the Governor or the secretary of the department pursuant to this article, by a court of competent jurisdiction or by operation of law.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2. Department of Economic Development › §5B-2-6a. Brownfield Economic Development Districts; Applications; Fees; Rules

(a) Any property owner of a tract of land that is a brownfield or voluntary remediated site pursuant to 22-22-1
et seq
. of this code may, if the site and surrounding area were involved in the extraction and processing of coal, limestone, or other natural resources, apply to the department to become a brownfield economic development district.
(1) Applicants for a brownfield economic development district must demonstrate that the district when designated will create significant economic development activity;
(2) Applicants shall submit a development plan that provides specific details on proposed financial investment, direct and indirect jobs to be created and the viability of the district;
(3) Brownfield economic development districts:
(A) May not contain single-family housing;
(B) Shall provide all the infrastructure within the district without cost to the state, county, public service district or local municipal government;
(4) Applicants shall demonstrate that were it not for this designation, the contemplated development would not be possible, and that the development is in the best interest of the state;
(5) The applicant shall own or control the property within the district;
(6) All costs for the application process shall be borne by the applicant;
(7) An applicant shall demonstrate that the applicant has attempted to work in good faith with local officials in regard to land-use issues;
(8) Beginning July 1, 2011, an application for a brownfield economic development district may not be approved unless the district conforms to a countys or municipalitys planning and zoning laws established pursuant to 8A-7-1
et seq
., 8A-8-1
et seq
., and 8A-9-1
et seq
. of this code.
(9) Prior to granting a designation of brownfield economic development district, the applicant shall provide documentation that the applicant has met all the requirements set forth in 22-22-1
et seq
. of this code to be designated as a brownfield site or voluntary remediated site and is in compliance with the remediation plan;
(10) Nothing may be construed by this section to exempt brownfield economic districts from environmental regulation that would pertain to the development;
(11) The decision of the development office in regard to an application is final; and
(12) Once designated, the district shall work in conjunction with the regional brownfield assistance centers of Marshall University and West Virginia University as specified in 18B-11-7 of this code.
(b) The department shall propose rules for legislative approval in accordance with 29-3-1
et seq
. of this code to implement this section and the rules shall include, but not be limited to, the application and time line process, notice provisions, additional application consideration criteria and application fees sufficient to cover the costs of the consideration of an application.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2. Department of Economic Development › §5B-2-10. Program and Policy Action Statement; Submission to Joint Committee on Government and Finance

The tourism advisory council, the Department of Economic Development, and any other authorities, boards, commissions, corporations or other entities created or amended under this chapter and 18B-11-1 et seq. of this code, shall prepare and submit to the Joint Committee on Government and Finance on or before December 1, 1995, and each year thereafter, a program and policy action statement which shall outline in specific detail according to the purpose, powers and duties of the office or section, its procedure, plan and program to be used in accomplishing its goals and duties as required under this article.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2. Department of Economic Development › §5B-2-14. Certified Development Community Program

The certified development community program is continued and is transferred to, incorporated in and administered as a program of the Department of Economic Development. The program shall provide funding assistance to the participating economic development corporations or authorities through a matching grant program. The department shall establish criteria for awarding matching grants to the corporations or authorities within the limits of funds appropriated by the Legislature for the program. The matching grants to eligible corporations or authorities are in the amount of $30,000 for each fiscal year, if sufficient funds are appropriated by the Legislature. The department shall recognize existing county, regional or multicounty corporations or authorities where appropriate.
In developing its plan, the department shall consider resources and technical support available through other agencies, both public and private, including, but not limited to, the state college and university systems; the West Virginia Housing Development Fund; the West Virginia Economic Development Authority; the West Virginia Parkways, Economic Development and Tourism Authority; the West Virginia Round Table; the West Virginia Chamber of Commerce; Regional Planning and Development Councils; Regional Partnership for Progress Councils; and state appropriations.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2. Department of Economic Development › §5B-2-16. Entrepreneurship and Innovation Investment Fund

(a) The Entrepreneurship and Innovation Investment Fund is hereby created. The fund shall be administered by the Department of Economic Development and shall consist of all moneys made available for the purposes and from the sources set forth in this section of the code.
(b) The fund consists of moneys received from the following sources:
(1) All appropriations provided by the Legislature;
(2) Any moneys available from external sources; and
(3) All interest and other income earned from investment of moneys in the fund.
(c) The Department of Economic Development shall use moneys in the fund to support entrepreneurship, creation of business startups, improvements in workforce participation, and attracting individuals to relocate to West Virginia.
(d) Any balance, including accrued interest and any other returns, in the Entrepreneurship and Innovation Investment Fund at the end of each fiscal year may not expire to the General Revenue Fund but remain in the fund and be expended for the purposes provided by this section.
(e) Fund balances may be invested with the states Consolidated Investment Fund. Earnings on the investments shall be used solely for the purposes defined in 5B-2-16(c) of this code.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2. Department of Economic Development › §5B-2-17. West Virginia Motorsport Committee

(a) The West Virginia Motorsport Committee is hereby created.
(b) The committee consists of five members, including its chairperson, appointed by the Governor to serve at his or her will and pleasure.
(c) The Secretary of the Department of Tourism and the Secretary of the Department of Economic Development shall also serve on the committee, ex officio.
(d) The committee shall:
(1) Work with the existing facilities within the state to enhance existing racing;
(2) Develop a strategy that creates further opportunities, such as encouraging racing training schools, conducting special events, and encouraging special events and the construction of larger in-state racing facilities; and
(3) Seek opportunities to promote economic growth and manufacturing jobs related to motorsports.
(e) The committee shall hold regular meetings, at least quarterly, and conduct public hearings as it considers necessary.
(f) Members of the committee will receive no compensation but are entitled to reimbursement for mileage expenses while attending meetings of the committee to the extent that funds are available through the Department of Economic Development.
(g) The committee shall report on the status of its duties, goals, accomplishments, and recommendations to the Legislature on at least an annual basis.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2. Department of Economic Development › §5B-2-18a. Applicability of Federal Laws and Federal Aviation Administration Regulations; Permissible Use of Uncrewed Aircraft

(a) Notwithstanding any provision of this article to the contrary, any person or entity operating an uncrewed aircraft system may do so in compliance with applicable federal law and applicable regulations of the Federal Aviation Administration.
(b) Except as authorized by law, a political subdivision of the state shall not enact or adopt an ordinance, policy, or rule that relates to the ownership or operation of an advanced air mobility aircraft or advanced air mobility system, and shall not otherwise engage in the regulation of any uncrewed aircraft system, advanced air mobility aircraft, or advanced air mobility system. Any ordinance, policy, or rule, to the extent that it violates any provision of this subsection, whether enacted or adopted by the political subdivision before or after the effective date of this section, is void.
(c) As used in this section, "advanced air mobility aircraft" or "advanced air mobility system" means a system that transports people and property by air between points in the United States using aircraft, as defined in 29-2A-1 of this code, including electric aircraft and electric vertical takeoff and landing aircraft, in both controlled and uncontrolled airspace.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2. Department of Economic Development › §5B-2-20. West Virginia Uncrewed Aircraft Systems Advisory Council

(a) The West Virginia Uncrewed Aircraft Systems Advisory Council is hereby created within the Department of Economic Development.
(b) The council consists of the following nine members, including the chairperson:
(1) The Secretary of the Department of Economic Development or his or her designee, ex officio, who shall serve as the chair of the council, and who shall vote when necessary in the event the appointed members of the council become deadlocked;
(2) The following eight members shall be appointed by the Governor and serve at his or her will and pleasure:
(A) One member representing the Secretary of the Department of Transportation;
(B) One member from the Adjutant Generals Department;
(C) One member representing the uncrewed aircraft system industry with at least five years of experience operating an uncrewed aircraft;
(D) One member representing a national association of the uncrewed aerial vehicle industry;
(E) One member with experience managing a commercial services airport;
(F) One member representing business and industry, generally;
(G) One member representing academia; and
(H) One member representing the advanced air mobility industry developing human transit capabilities.
(3) Members of the council will receive no compensation but are entitled to reimbursement for mileage expenses while attending meetings of the committee to the extent that funds are available through the Department of Economic Development.
(c) The council shall:
(1) Identify trends and technologies driving innovation in uncrewed aircraft systems;
(2) Develop comprehensive strategies, including, but not limited to, the promotion of research and development, education, economic growth, and jobs in the uncrewed aircraft system industry in West Virginia; public acceptance of the uncrewed aircraft system industry; business planning; air vehicle technology and manufacturing; and airspace management and national airspace system integration; and
(3) Develop recommended legislation addressing specific issues and in furtherance of the comprehensive strategies identified in subdivision (2), subsection (c) of this section.
(d) The council shall meet at least annually and may convene public meetings to gather information or receive public comments.
(e) The council shall report on the status of its duties, goals, accomplishments, and recommendations to the Legislature on at least an annual basis.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2A. Office of Coalfield Community Development › §5B-2A-2. Application of Article

(a) The provisions of this article shall apply to all surface-mining operations, except:
(1) The surface operations and surface impacts incident to an underground coal mine; and
(2) Surface-mining operations of operators that: (A) Establish that their probable total annual coal production from all locations during any consecutive twelve-month period, either during the term of the permit or during the first five years after issuance of the permit, whichever period is shorter, will not exceed three hundred thousand tons, as determined pursuant to rules promulgated by the division; and (B) otherwise qualify for the small operator assistance program authorized under the federal Surface-Mining Control and Reclamation Act of 1977, as amended, and the federal regulations promulgated thereunder, as amended.
(b) The provisions of this article shall not apply: (1) To underground coal mining operations; or (2) to the extraction of minerals by underground mining methods or the surface impacts thereof.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2A. Office of Coalfield Community Development › §5B-2A-3. Definitions

(a) For the purpose of this article:
(1) "Department" means the Department of Environmental Protection established in 22-1-1
et seq
. of this code;
(2) "Office" means the Office of Coalfield Community Development;
(3) "Operator" means the definition in 22-3-3 of this code;
(4) "Renewable and alternative energy" 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, 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 Economic Development.
(b) Unless used in a context that clearly requires a different meaning or as otherwise defined herein, terms used in this article shall have the definitions set forth in this section.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2A. Office of Coalfield Community Development › §5B-2A-4. Office of Coalfield Community Development

(a) The Office of Coalfield Community Development is continued within the Department of Economic Development.
(b) The Governor shall appoint and set the salary of the director of the office who shall be responsible for hiring such assistants and clerical staff as may be necessary to carry out the responsibilities of the office. The initial appointment for the director shall be made by July 1, 2026. Funding for this position and to carry out the duties of the office shall be as provided by appropriation of the Legislature.
(c) The director shall report quarterly to the energy and finance committees of the legislature on projects funded by the office. The report shall include the amount, the recipient and a description of each project funded.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2A. Office of Coalfield Community Development › §5B-2A-5. Powers and Duties

The office has and may exercise the following duties, powers, and responsibilities:
(1) To establish a procedure for determining the assets that could be developed in and maintained by the community to foster its long-term viability as provided in 5B-2A-8 of this code and to administer the procedure so established;
(2) To establish a procedure for determining the land and infrastructure needs in the general area of the surface mining operations as provided in 5B-2A-9 of this code and to administer the procedure so established;
(3) To establish a procedure to develop action reports and quarterly updates as provided in 5B-2A-10 of this code and to administer the procedure so established;
(4) To determine the need for meetings to be held among the various interested parties in the communities impacted by surface mining operations and, when appropriate, to facilitate the meetings;
(5) To establish a procedure to assist property owners in the sale of their property as provided in 5B-2A-11 of this code and to administer the procedure so established;
(6) In conjunction with the department, to maintain and operate a system to receive and address questions, concerns, and complaints relating to surface mining;
(7) To coordinate the expenditure of grants issued by the United States Department of Energy and the U.S. Department of Commerce's Economic Development Administration for coalfield economic development or coalfield revitalization projects;
(8) To identify coal assets, including, but not limited to, coal mine operations, coal-fired electric utilities, and coal-based manufacturing or steelmaking facilities, within West Virginia or in states that provide markets for, and consume, West Virginia steam or metallurgical coal and offer assistance and to sustain, protect, and expand their continued operation and reliance on West Virginia coal;
(9) On its own initiative or at the request of a community or a mining operation, offer assistance to facilitate the development of economic or community assets. Such assistance may include the preparation of a master land use plan pursuant to the provisions of 5B-2A-9 of this code;
(10) To develop an educational program and policy materials in support of West Virginia's coal industry, to be incorporated into a program designed to educate the public on the economic and societal benefits provided by the coal industry, including the provision of reliable baseload electric generation by coal-fired power plants; and
(11) To coordinate a program of recruitment and training of industrial workers in conjunction with the West Virginia Office of Miners' Health Safety and Training and Workforce West Virginia to respond to West Virginia's growing manpower needs generally and coal mining particularly. The state-of-art training facility in Julian (Boone County) will serve as host to the "West Virginia Mine Safety and Training Academy" to attract, train new and experience miners and other industrial workers.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2A. Office of Coalfield Community Development › §5B-2A-6. Community Impact Review

(a) The office shall, no less frequently than quarterly, either consult with representatives of the departments Office of Mining and Reclamation or review the departments permit application database(s) to determine whether newly proposed surface mines or significant modifications to existing surface mining operations may present opportunities for mine operators to cooperate with local landowners and local governmental officials to mine and reclaim properties so as to develop community assets or secure developable land and infrastructure pursuant to this article.
(b) The provisions of this section shall apply to all surface mining permit applications granted after July 1, 2018.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2A. Office of Coalfield Community Development › §5B-2A-8. Determining and Developing Needed Community Assets

(a) The office shall determine the community assets that may be developed by the community, county, or region to foster its viability when surface mining operations are completed.
(b) Community assets to be identified pursuant to subsection (a) of this section may include the following:
(1) Water and wastewater services;
(2) Developable land for housing, commercial development, or other community purposes;
(3) Recreation facilities and opportunities; and
(4) Education facilities and opportunities.
(c) In determining the nature and extent of the needed community assets, the office shall consider at least the following:
(1) An evaluation of the future of the community once mining operations are completed;
(2) The prospects for the long-term viability of any asset developed under this section;
(3) The desirability of foregoing some or all of the asset development required by this section in lieu of the requirements of §5B-2A-9 of this code; and
(4) The extent to which the community, local, state, or the federal government may participate in the development of assets the community needs to assure its viability.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2A. Office of Coalfield Community Development › §5B-2A-10. Action Report; Annual Update

(a) Based upon the information developed under sections eight and nine of this article, the office shall prepare an action report which shall make recommendations for achieving economic development initiatives, including identifying sources of potential funding.
(b) The office shall prepare an annual status update of the action report which shall describe accomplishments and prospects for continued economic development.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2A. Office of Coalfield Community Development › §5B-2A-11. Land Acquisitions

The office shall establish a procedure to assist property owners who desire voluntarily to sell their property to the operator or any person, firm or corporation directly or indirectly affiliated with the operator. The procedure developed shall be subject to the following:
(1) The procedure only shall apply if all the following conditions are met:
(A) The operator or any person, firm or corporation directly or indirectly affiliated with the operator, makes an offer in writing to purchase the property stating all the terms and conditions of the proposed purchase;
(B) The property to be purchased is located within one thousand feet of property which actually is or will be mined; and
(C) The structures are actually being used for commercial purposes or are occupied residences situate on the property to be purchased;
(2) Once a permit application has been filed, the operator shall notify the office of any intended property acquisitions to which this section applies;
(3) The office shall cause notice to be given to potential sellers of the procedure established by this section, but shall provide no other assistance unless requested by the potential seller;
(4) If requested by the potential seller, the office shall make a determination as to whether the value of the property intended to be acquired is diminished by ongoing or intended mining operations and that the purchase price offered by the purchaser is less than the value the property would have had prior to any diminution of value. The office only shall provide assistance if it determines that the value of such property is diminished and that the offer made by the operator is less than the value the property would have had prior to any diminution of value; and
(5) If the office determines that the value of such property is diminished and that the offer made by the operator is less than the value the property would have had prior to any diminution of value, then the office shall establish the value of such property prior to any diminution and shall certify the same to the parties.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2A. Office of Coalfield Community Development › §5B-2A-12. Rulemaking

The office shall propose rules for legislative approval in accordance with article three, chapter twenty-nine-a of this code to establish, implement and enforce the provisions of this article, which rules shall include, but not be limited to:
(1) The development of standards for establishing the value of property by the office; and
(2) Criteria for the development of a master plan by local, county, regional or redevelopment authorities which coordinates the permitting and reclamation requirements of the Department of Environmental Protection with these authorities.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2B. West Virginia Workforce Investment Act › §5B-2B-2. Definitions

As used in this article, the following terms have the following meanings, unless the context clearly indicates otherwise:
“Board” means the West Virginia Workforce Development Board.
“Commission” or “Legislative Oversight Commission” means the Legislative Oversight Commission on Workforce Investment for Economic Development created pursuant to section seven of this article.
“Local area” means a local workforce investment area.
“Local board” means a local workforce development board.
“Team” means the workforce investment interagency collaborative team.
“WIOA” means the Workforce Innovation and Opportunity Act, 29 U. S. C. §3101, et seq.