FISCAL NOTE
FISCAL NOTE
2025 REGULAR SESSION
Introduced
Senate Bill 931
By Senator Hart
[Introduced March 24, 2025; referredto the Committee on Economic Development; and then to the Committee on Finance]
A BILL to amend and reenact §5B-11-1, §5B-11-2, §5B-11-3, and §5B-11-4 of the Code of West Virginia, 1931, as amended, relating to the King Coal Highway Economic Advisory Board Act; renaming the West Virginia Advanced Energy and Economic Corridor Authority the King Coal Highway Economic Advisory Board; modifying legislative findings for creation of advisory board; reducing membership of advisory board to 11 members; modifying requirements for members of advisory board; and modifying powers and duties of the advisory board.
Be it enacted by the Legislature of West Virginia:
## Article 11. West Virginia advanced energy and economic corridor authority king coal highway economic advisory board act.
The Legislature finds that the Advanced Energy and Economic Corridor, counties along the King Coal Highway, once known as Tug-Ohio-Levisa-Sandy Improvement Association (TOLSIA) and the King Coal Highway, which runs through the counties of McDowell, Mercer, Mingo, Wayne, and Wyoming has undergone significant challenges economic damages owing to widespread changes in the national and global economies harmful federal environmental policies and regulations which drastically impacted the domestic market for coal-fired power generation and severely injured the economies of the counties along the King Coal Highway; and every effort should be made to assist the transformation recovery of these injured regional economies by providing guidance to local governments, businesses, and industries to maximize reduce unnecessary regulatory obstacles to organic economic development growth and diversification of those economies leverage our abundant natural energy and material resources, encourage entrepreneurship, and support business creation within the region. As part of the National Highway System’s I-73/74 corridor from northern Michigan to eastern South Carolina, the Advanced Energy and Economic Corridor, King Coal Highway will not only foster greater transportation efficiencies, but will also provide vital connectivity to bourgeoning markets, resulting in both job creation and economic expansion in southern West Virginia.
The economic development agencies county commissions along this corridor are aligning efforts to embrace the expansion of the energy and economic development policies adopted by the West Virginia Legislature as a tool for economic development and are focused on efforts to transform and revitalize opportunities presented by our abundant natural resources and our skilled, creative, and hard-working people to support the region by fostering partnerships and initiatives which are complementary and supportive of existing successful industries in West Virginia.
The Legislature, by enactment of this article, intends to facilitate implementation of critical and time-sensitive opportunities for economic development along the Advanced Energy and Economic Corridor King Coal Highway by establishing an authority, known as the West Virginia Advanced Energy and Economic Corridor Authority (authority), King Coal Highway Economic Advisory Board to facilitate assistance to these local entities comprised of the economic development agencies of McDowell, Mercer, Mingo, and Wayne, and Wyoming counties.
(a) The Advanced Energy and Economic Corridor Authority (authority) King Coal Highway Economic Advisory Board is hereby created as an independent body corporate. It shall consist of the following 15 11 original members who are involved in economic, commercial, or industrial development in the geographic region of the authority:
(1) A representative of the economic development agency of McDowell County Commission;
(2) A representative of the economic development agency of Mercer County Commission;
(3) A representative of the economic development agency of Mingo County Commission;
(4) A representative of the economic development agency of Wayne County Commission; and
(5) A representative of the economic development agency of Wyoming County Commission;
(6) A representative of the Region 1 Planning and Development Council;
(7) A representative of the Region 2 Planning and Development Council; and
(8) The following seven members appointed by the Governor, or his or her designee:
(A) A representative from businesses and industries located in the state;
(B) An economic development representative from a utility company that provides service to the corridor region;
(C) Four private sector representatives from the technology, energy, advanced manufacturing, and aviation, aerospace, or advanced air mobility sectors in the corridor region; and
(D) Two at-large members from regions and counties along the corridor who have knowledge and experience in local issues, economic development, and other areas of expertise.
(6) Within the first three meetings, the panel shall nominate and appoint by a majority vote six additional members of the advisory board, consisting of:
(A) One representative with at least seven years of executive experience in the coal mining industry; and
(B) One representative with at least seven years of executive experience in the oil and gas industry; and
(C) One representative with at least seven years of executive experience in the electrical utility industry; and
(D) One representative with at least seven years of executive experience in manufacturing, with emphasis on production of coke, steel, polymers and/or other advanced materials sourced from coal-based feedstocks; and
(E) One representative with at least seven years of executive or managerial experience in production agriculture through ruminant grazing;
(F) One representative with extensive historical knowledge of the counties and communities included in the King Coal Highway.
(b) Each member shall serve a term of five years. Members may be reappointed to additional terms and, upon expiration of their respective terms, shall continue to serve until their successor has been appointed. The chair, vice-chair, and officers shall be selected annually by majority vote of the members. The chair shall schedule meetings and set the agenda for each meeting.
(c) A majority of members, in person or by real-time electronic communication, constitutes a quorum to conduct business at a meeting.
(d) If a member of the authority must recuse himself or herself because of a perceived or actual conflict of interest, a majority of the remaining members of the authority without a conflict shall be sufficient for the conduct of authority business.
(e) Members are not entitled to compensation for services performed as members.
(a) The authority advisory board shall have, but not be limited to, the following powers and duties:
(1) Set specific tactical goals and demonstrable objectives via input from member counties and communities;
(2) Maintain an inclusive, rather than constraining, a geographic focus on economic development in the counties contained within the King Coal Highway;
(3) Seek out private-public partnerships Create and coordinate related RFPs when necessary to achieve specific objectives related to multi-county projects critical to its vision;
(4) Foster partnerships with groups in other states that follow the I-73/74 King Coal Highway corridor to help build broad support for the economic development and infrastructure projects undertaken;
(5) Propose Communicate with legislators to discuss legislation for bonding and tax credits to facilitate economic development along the corridor improving the business environment in West Virginia to boost overall competitiveness with other states;
(6) Seek governmental engagement for guidance on local, or state, regional or national
initiatives to achieve economic development objectives;
(7) Utilize cutting-edge appropriate technologies and innovation platforms where their applications will be most beneficial;
(8) Propose Discuss effects of potential legislation to allow regulatory flexibility along corridor expanded boundaries toward the goals and objectives of the advisory board ;
(9) Develop a memorandum of understanding with the Appalachian Regional Commission in areas of economic development, transportation, tourism, infrastructure, technology, and other areas beneficial to the member counties and communities, and the state; and
(10) (9) Develop Identify economic and tourism asset portfolios opportunities for inclusion of the authority’s advisory board's vision; and
(11) (10) Apply for tax-exempt status under Section 501(c)(3) of the Internal Revenue Code.;
(b) The authority may also exercise all powers necessary or appropriate to carry out the purposes of this article including, but not limited to, the following:
(1) Acquire, own, hold, and dispose of property, real and personal, tangible and intangible;
(2) Lease property, whether as lessee or lessor, and to acquire or grant through easement, license, or other appropriate legal form, the right to develop and use property and open it to the use of the public;
(3) Mortgage or otherwise grant security interests on its property;
(4) Procure insurance against any losses in connection with its property, license or easements, contracts, including hold-harmless agreements, operations, or assets in such amounts and from such insurers as the authority considers desirable;
(5) Maintain such sinking funds and reserves as the authority determines appropriate for the purposes of meeting future monetary obligations and needs of the Authority;
(11) Seek advice and expertise from members of the regional councils, state or local economic development agencies, or other governmental, nongovernmental, or private entities as needed;
(6) (12) Contract for the provision of legal services by private counsel and, notwithstanding any other provision of the code to the contrary, the counsel may, in addition to the provisions of other legal services, represent the authority advisory board in court, negotiate contracts and other agreements on behalf of the authority advisory board, render advice to the authority advisory board on any matter relating to the authority, prepare contracts and other agreements, and provide such other legal services as may be requested by the authority advisory board: Provided, That such expenses are paid out of a dedicated fund established within the advisory board with contributions allocated from participating county commissions;
(7) (13) Appoint officers, agents, and employees and to contract Contract for and engage the services of consultants: Provided, That such expenses are paid out of a dedicated fund established within the advisory board with contributions allocated from participating county commissions ;
(8) (14) Make contracts of every kind and nature and to execute all instruments necessary or convenient for carrying on its business, including contracts with any other governmental agency of this state or of the federal government or with any person, individual, partnership, or corporation to effect any or all of the purposes of this article Coordinate contracts when necessary to complete multi-county projects critical to achieving the vision of the advisory board;
(9) (15) Without in any way limiting any other provision of this section, accept grants and loans from, and enter into contracts and other transactions with, any federal agency Seek guidance for participating counties in applying for relevant and timely loans and grants from state or federal sources; and
(10) (16) Accept Coordinate applications and direct gifts or grants of property, funds, security interests, money, materials, labor, supplies, or services from the federal government or from any governmental unit or any person, firm, or corporation and to carry out the terms or provisions of or make agreements with respect to or pledge any gifts or grants and to do any and all things necessary, useful, desirable, or convenient in connection with the procuring, acceptance, or disposition of gifts or grants toward the participating counties.
(c) (b) No liability or obligation is incurred by the authority advisory board beyond the extent to which money is awarded for grant acquisition facilitation.
On or before December 1, 2024 2025, and annually thereafter, the authority advisory board shall prepare and submit to the Joint Committee on Government and Finance a written report, which may be transmitted electronically, detailing its undertakings for the past year, including, but not limited to, all projects and any private-public partnerships entered into, as well as any recommended legislation or policy actions needed to facilitate greater economic development along the Advanced Energy and Economic Corridor King Coal Highway.
NOTE: The purpose of this bill is to rename the West Virginia Advanced Energy and Economic Corridor Authority the King Coal Highway Economic Advisory Board; to modifying the legislative findings for the creation of the advisory board; reduce membership of advisory board to 11 members; modify requirements for members of advisory board; and modify powers and duties of the advisory board.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.