(a) The Legislature, finding that the National Flood Insurance Program is a voluntary federal program under which federal flood insurance is made available to participating communities and is of vital importance to the citizens of West Virginia, does hereby continue the State Office of the National Flood Insurance Program. Effective July 1, 2022, the State Office of the National Flood Insurance Program shall transfer from the Offices of the Insurance Commissioner to the Division of Emergency Management established pursuant to 15-5-3 of this code. The Division of Emergency Management shall provide office space, equipment, and supplies for the State Office of the National Flood Insurance Program, which shall be funded, in part, from the special revenue fund established in 33-3-14(c) of this code.
(b) The State Office of the National Flood Insurance Program shall issue guidance and instructions as necessary to administer the program effectively. The State Office of the National Flood Insurance Program shall offer and conduct training as required by 15-5-20a of this code and adopt adequate land use and development criteria that are consistent with the minimum standards established by the National Flood Insurance Program. The State Office of the National Flood Insurance Program shall be under the supervision of the Director of the Division of Emergency Management who shall employ staff as needed to operate the program.
(c) The Director of the Division of Emergency Management may propose rules for legislative approval in accordance with the provisions of 29A-3-1 et seq. of this code as necessary to administer the State Office of the National Flood Insurance Program and any of the programs responsibilities. Any state-owned property located in a non-participating local community shall be governed by rules proposed by the Director of the Division of Emergency Management.
(d) The State Office of the National Flood Insurance Program, in consultation with the Director of the Division of Emergency Management, and with the assistance of floodplain managers around the state, shall develop and publish a strategic plan to establish shared goals, define a path to meet those goals, and shall invite other governmental units to adopt these goals and objectives. The strategic plan shall be initially presented by the Director of the Division of Emergency Management to the State Resiliency Officer and to the State Resiliency Office Board who shall review and approve the strategic plan, and that plan shall be so presented and approved no less than biannually thereafter. The strategic plan shall be made available to the public.
(e) The State Office of the National Flood Insurance Program shall establish floodplain management guidelines for any state property in special hazard areas which, at a minimum, satisfy the criteria set forth in 44 CFR 60.3, 60.4, and 60.5 (2022).
(f) Notwithstanding any other provision of this code to the contrary, the State Office of the National Flood Insurance Program shall cooperate with the State Resiliency Office to the fullest extent practicable to assist that office in fulfilling its duties.
Structure West Virginia Code
Article 5. Division of Homeland Security and Emergency Management
§15-5-3. Division of Emergency Management Created
§15-5-4b. West Virginia Disaster Recovery Trust Fund Disbursement
§15-5-4c. Powers and Duties Related to the West Virginia Disaster Recovery Trust Fund
§15-5-5. General Powers of the Governor
§15-5-6. Emergency Powers of Governor
§15-5-6a. Temporary Suspension of Nutrition Standards in Public Schools
§15-5-8. Local Organization for Emergency Services
§15-5-9. Mutual Aid Agreements
§15-5-10. Regional Organizations for Emergency Services
§15-5-11. Immunity and Exemption; &Quot;duly Qualified Emergency Service Worker" Defined
§15-5-12. Liability to Sheltered Persons
§15-5-13. Appropriations; Acceptance of Services, Gifts, Grants, and Loans
§15-5-14. Political Activity of Emergency Service Organizations
§15-5-15. Emergency Service Personnel
§15-5-15a. Paid Leave for Disaster Service Volunteers
§15-5-15b. Paid Leave for Certain State Officers and Employees During a Declared State of Emergency
§15-5-16. Utilization of Existing Services and Facilities
§15-5-18. Arrest by Peace Officer Without Warrant
§15-5-19a. Possession of Firearms During a Declared State of Emergency
§15-5-20a. Floodplain Manager Training
§15-5-22. Emergency Management Assistance Compact
§15-5-23. Severability; Conflicts
§15-5-24. Disaster Recovery Trust Fund; Disbursement of Funds
§15-5-28. Statewide Mutual Aid System
§15-5-29. Cooperation With State Resiliency Office
§15-5-30. State of Emergency; State of Preparedness; Essential Workers