Virginia SB 551: Flood resiliency & protection; implements recom. from first Va. Coastal Resilience Master Plan.

Bill Text

VIRGINIAACTSOFASSEMBLY--2022SESSION
CHAPTER495
An Act to amend and reenact §§ 2.2-222.4, 10.1-602, 10.1-658, and 10.1-659 of the Code of Virginia,
relating to flood resiliency and protection.
[S551]
ApprovedApril11,2022
Be it enacted by the General Assembly of Virginia:
1. That §§ 2.2-222.4, 10.1-602, 10.1-658, and 10.1-659 of the Code of Virginia are amended and
reenacted as follows:
§2.2-222.4. Chief Resilience Officer.
A. The Governor shall designate a Chief Resilience Officer. The Chief Resilience Officer shall serve
as the primary coordinator of resilience and adaptation initiatives in Virginia and as the primary point of
contact regarding issues related to resilience and recurrent flooding. The Chief Resilience Officer shall
be equally responsible for all urban, suburban, and rural areas of the Commonwealth.
B. The Chief Resilience Officer, in consultation with the Special Assistant to the Governor for
Coastal Adaptation and Protection, shall:
1. Identify and monitor those areas of the Commonwealth that are at greatest risk from recurrent
flooding and increased future flooding and recommend actions that both the private and public sectors
should consider in order to increase the resilience of such areas;
2. Upon the request of any locality in the Commonwealth in which is located a substantial flood
defense or catchment area, including a levee, reservoir, dam, catch basin, or wetland or lake improved or
constructed for the purpose of flood control, review and comment on plans for the construction or
substantial reinforcement of such flood defense or catchment area; and
3. Initiate and assist with the pursuit of funding opportunities for resilience initiatives at both the
state and local levels and help to oversee and coordinate funding initiatives of all agencies of the
Commonwealth.
4. Beginning July 1, 2023, and every two years thereafter, report to the Governor and the General
Assembly on the status of flood resilience in the Commonwealth. The report shall serve as an evaluation
of flood protection for critical infrastructure, including human and natural infrastructure. The report
shall identify risks to critical transportation, energy, communication, water and food supply, waste
management, health, and emergency services infrastructure. The report shall also include the status of
flood resilience planning. In preparing the report, the Chief Resilience Officer shall also coordinate with
the Director of Diversity, Equity, and Inclusion and shall be assisted by all relevant Secretariats and
agencies.
§10.1-602. Powers and duties of Department.
The Department shall:
1. Develop a flood protection plan Virginia Flood Protection Master Plan (the Plan) for the
Commonwealth. This plan Plan shall be a place-specific plan for mitigating severe and repetitive
flooding and shall, at a minimum, (i) base decision making on the best-available science; (ii) identify
and address socioeconomic inequities and strive to enhance equity through the adaptation and
protection measures by considering all areas of recurrent flooding; (iii) recognize the importance of
protecting and enhancing natural infrastructure and nature-based approaches to flood mitigation, when
possible; (iv) utilize community and regional scale planning to the maximum extent possible, seeking
region-specific approaches tailored to the needs of individual communities; and (v) include an
understanding of fiscal realities and focus on cost-effective solutions for the protection and adaptation of
communities, businesses, and critical infrastructure. The Plan shall include, at a minimum:
a. An inventory of flood-prone areas;
b. An inventory of flood protection studies;
c. A record of flood damages;
d. Strategies to prevent or mitigate flood damage; and
e. The collection and distribution of information relating to flooding and flood plain management.
The flood protection plan Plan shall be reviewed and updated by the Department on a regular basis,
but at least once every five years, and for each of the items listed in provisions a through e, the plan
shall state when that provision was last updated and when the next update is planned. The plan shall be
maintained in an online format so as to be easily accessed by other government entities and by the
public. The online plan shall contain links to the most current information available from other federal,
state, and local sources. All agencies of the Commonwealth shall provide assistance to the Department
upon request.
2. Serve as the coordinator of all flood protection programs and activities in the Commonwealth,

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including the coordination of federal flood protection programs administered by the United States Army
Corps of Engineers, the United States Department of Agriculture, the Federal Emergency Management
Agency, the United States Geological Survey, the Tennessee Valley Authority, other federal agencies
and local governments.
3. Make available flood and flood damage reduction data to localities fo