West Virginia Code 29-31-12 – Powers and duties related to the West Virginia Flood Resiliency Trust Fund
The State Resiliency Officer is hereby granted, has, and may exercise all powers necessary or appropriate to carry out and effectuate the purposes set forth in § 29-31-11 of this code. The State Resiliency Officer has the power:
Terms Used In West Virginia Code 29-31-12
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Code: means the Code of West Virginia, 1931, as amended. See West Virginia Code 29-31-2a
- Flood Fund: means the West Virginia Flood Resiliency Trust Fund created by this article. See West Virginia Code 29-31-2a
- Flood resiliency: means efforts and activities intended to minimize damages during times of flooding resulting in reduced risk to people and infrastructure, and ensuring there is ample room for flooding and river adjustment to occur where the opportunity may exist. See West Virginia Code 29-31-2a
- Person: means any individual, corporation, voluntary organization or entity, partnership, firm, or other association, organization, or entity organized or existing under the laws of this or any other state or country. See West Virginia Code 29-31-2a
- Political subdivision: means any county or municipal corporation in this state. See West Virginia Code 29-31-2a
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
(1) To accept appropriations, gifts, grants, bequests, and devises from any source, public or private, for deposit into the Flood Fund, and to use or dispose of the same to provide assistance to any person, political subdivision, or local organization for flood resiliency, flood prevention, and flood protection activities;
(2) To make and execute contracts, leases, releases, and other instruments necessary or convenient for the exercise of its power;
(3) To make, and from time to time, amend, and repeal bylaws for the governance of its activities not inconsistent with the provisions of this article;
(4) To sue and be sued;
(5) To acquire, hold, and dispose of real and personal property;
(6) To enter into agreements or other transactions with any federal or state agency, political subdivision, or person;
(7) To provide for the deposit of any funds or assets of the West Virginia Flood Resiliency Trust Fund with the state Treasurer for investment pursuant to § 12-6C-6 of this code;
(8) To procure insurance against any loss in connection with its property in such amounts, and from such insurers, as may be necessary or desirable;
(9) To procure services related to the development and updating of the state Flood Resiliency Plan;
(10) To provide loans or grants to political subdivisions and individual beneficiaries for the purpose of implementing activities proposed and outlined within the Flood Resiliency Plan;
(11) To provide loans or grants to governmental entities and organizations exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code for the purpose of implementing activities proposed and outlined within the Flood Resiliency Plan;
(12) To provide loans or grants to political subdivisions for the purpose of conducting flood prevention and protection studies in areas that are subject to recurrent flooding as confirmed by a locality-certified floodplain manager; and
(13) Do all acts necessary and proper to carry out the powers granted to the State Resiliency Office for flood resiliency activities.