New state law could mean longer wait for statewide flood plan, sparks calls for flood resiliency funding

“This document will have a little bit more depth to it,� Martin said.

Martin said some components that officials are looking for out of the new plan are items that were to be added to the flood protection plan, like a method of tracking flood-focused tasks.

Signed into law by Gov. Jim Justice after passing both chambers without opposition, SB 677 requires the state resiliency officer to coordinate an annual review of the flood resiliency plan annually and update it at least biennially, with updates due to the State Resiliency Office board by June 30 in even-numbered years.

Martin told the Joint Legislative Flooding Committee during its interim legislative session meeting last week the office hopes that “with legislative actions,� the Legislature could put funding in place to support Public Assistance or Individual Assistance programs, especially in lieu of federal support.

The Federal Emergency Management Agency’s Public Assistance program provides supplemental grants to state and local governments and certain nonprofits for disaster recovery. The FEMA’s Individual Assistance program is geared toward individuals and families, providing support for homeowners and renters in designated counties who suffered damage to their homes, vehicles and personal property due to disasters.

State officials have been disappointed by recent denials of federal assistance requested following major flooding.

SB 677 creates the Flood Resiliency Trust Fund to prioritize nature-based flood protection and prevention solutions for low-income areas with a potential — but not required — $40 million allocation.

Under SB 677, the state resiliency officer will administer the already existing Disaster Recovery Trust Fund, which would be removed from the jurisdiction of the Division of Homeland Security and Emergency Management. The fund could be granted an initial one-time $10 million allocation, with the State Resiliency Office Board able to seek $10 million replenishment annually.

“As far as Senate Bill 677, we’ll really be looking for the Legislature to put together an idea of funding for it, and then the guidance that would come with that,� Martin said.

Mathew Sanders, a senior manager with Pew Charitable Trusts focusing on community flood preparation, has urged the Legislature to financially back SB 677’s provisions.

“[W]e’re hopeful that they’re going to be able to go back in an interim session later this year and invest in the fund,� Sanders said in a phone interview.

Pew Charitable Trusts, a global nongovernmental public policy organization, worked on the legislation with the State Resiliency Office and lawmakers.

Sanders recalled some lawmaker “reticence� to structure the fund so that it would be a long-term part of the budget.

“[T]he perspective was that it’s unclear what West Virginia’s budget picture may look like on a year-over-year basis, and so to build in a requirement was not sort of [in] the cards at this point,� Sanders said.

The Legislature’s choice not to fund the Flood Resiliency Trust Fund comes amid a budget surplus touted by Justice, who announced this month that state General Revenue collections for March were $159 million above estimates.

A study released in October 2021 by the First Street Foundation, a nonprofit research group that quantifies climate risk, found more than half of West Virginia’s critical infrastructure — including fire, police and power stations — is at risk of becoming inoperable because of flooding. That was a higher share than any other state.

West Virginia’s flood problem is projected to get worse as climate change progresses, causing more frequent extreme weather events.

Speaking before a legislative committee last fall, West Virginia University forest hydrology associate professor Nicolas Zegre cited a projection from the First Street Foundation that nearly the entire state will have double-digit increases in the percentage of properties at risk of flooding by 2050, compared to 2020. The escalations in risk exceeded 40% in Doddridge, Kanawha, Mingo, Taylor and Wetzel counties.

At least half of all Flood Resiliency Trust Fund disbursements would have to go toward implementing nature-based solutions. At least a quarter of those disbursements would have to be used to buy residences in areas currently or projected to be subjected to significant floods, to assist residents relocating outside the floodplain, and for floodplain restoration activities on properties acquired through the fund.

SB 677 defines nature-based solutions as “sustainable planning, design, environmental management and engineering practices that weave natural features or processes into the built environment to promote flood resiliency and preserve or enhance natural hydrologic function.�

Sanders noted that Pew Charitable Trusts advocates making sure stream and river channels are wide and deep enough to ensure that water flow rates are adequate to handle more intense, frequent rainfall.

“Given the intricate hydrology and the mountainous environment in West Virginia, I think the state should take a hard look at its system of streams and tributaries and rivers and make sure those are moving water as efficiently as possible,“ Sanders said. “We would encourage the state to look in that direction first and foremost.�

Martin indicated the state will work with the U.S. Army Corps of Engineers on hydrology studies.

At least half of all funds spent through the Flood Resiliency Trust Fund and the Disaster Recovery Trust Fund after a disaster would have to benefit low-income areas or households.

“This is the world according to Bob: I think flood resiliency and flood mitigation in the state of West Virginia is probably the baseline of economic development for the state,� Martin told lawmakers. “I think that’s what will create the most prosperity for the state. If we can control the water and utilize the water to our good, bend it to our will, we’ll get there.�