Appropriations from the state Revenue Shortfall Fund and the Income Tax Reserve Fund be utilized to initiate investments in flood prevention initiatives to reduce the impact of severe flooding

HB 5272 Text

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WEST VIRGINIA LEGISLATURE
2026
REGULAR SESSION

FISCAL NOTE

Introduced
House Bill 5272
By Delegates Hornbuckle, Lewis, and Hansen
[Introduced February 05, 2026; referred to the Committee on Government Organization then Finance]
A BILL to amend and reenact §29-31-13 of the Code of West Virginia, 1931, as amended, relating to the state resiliency and flood protection plan act; providing legislative findings; raising the amount of money for the Flood Fund to $250 million; and allocating money to the Flood Fund from the Revenue Shortfall Fund and Tax Reserve Fund.
Be it enacted by the Legislature of West Virginia:

ARTICLE 31. STATE RESILIENCY AND FLOOD PROTECTION PLAN ACT.

§29-31-13. Capitalization of the West Virginia Flood Resiliency Trust Fund.

(a) The West Virginia Flood Resiliency Trust Fund may be granted
an initial

a
one-time allocation of
$40 million in state general funds

$250 million
for the purposes outlined in this article.
Whereas the reoccurring and severe flooding events that have and will continue to occur in the state require that a proactive approach to reduce what have become regular and foreseeable flood events can only be obtained by preventive measures to mitigate and reduce these events. Therefore, the Legislature finds that the use of the funds from the Revenue Shortfall Fund are appropriate to address this statewide reoccurring emergency by funding preventive actions to reduce the impacts of these emergencies. A one-time allocation of $100 million from the Revenue Shortfall Fund established pursuant to §11B-2-20 of the code may be deposited into the Flood Fund. Further, that $150 million in excess moneys currently held in the Income Tax Reserve Fund, established pursuant to §11-21-96 of the code, may also be appropriated to the Flood Fund. These appropriations shall provide a one-time initiative to jump start the State Resiliency and Flood Prevention Act.
(b) The State Resiliency Officer shall, with the concurrence of the State Auditor, present an expenditure report to the State Resiliency Office Board by no later than December 1 annually.
(c) Upon review and verification by the State Resiliency Office Board that all expenditures within the West Virginia Flood Resiliency Trust Fund expenditure report are valid and justified uses of Flood Fund resources, the State Resiliency Office Board shall submit to the Governor by no later than December 31 annually a budget and may request to replenish the Flood Fund up to its
initial $40

$250
million capitalization.
(d) Upon state receipt of Community Development Block Grant-Disaster Recovery funds in relation to a flood disaster event, and in order to provide the state with the flexibility required to provide assistance to any person, political subdivision, or local organization recovering from the flood disaster event, a minimum of six percent of those funds shall be dedicated for the purposes of Flood Resiliency Plan development and implementation activities to the extent that those purposes are in compliance with applicable federal laws and regulations governing such funds and compatible with the state’s long-term recovery goals.

NOTE: The purpose of this bill is to jumpstart the state’s State Resiliency and Flood Protection Act to allow the Resiliency Office to begin the work off assisting areas of the state prone to flooding to undertake actions to reduce or prevent future flooding.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

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