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2018 Op. W. Va. Att'y Gen. 1 (2018)

handle is hein.sag/sagwv0061 and id is 1 raw text is: Patrick Morrisey (34)5821 Attorney General Fax (304) 558-0140 February 2, 2018 Frank L. Blackwell Executive Director School Building Authority of West Virginia 2300 Kanawha Boulevard, East Charleston, West Virginia 25311 Dear Director Blackwell: You have asked for an Opinion of the Attorney General concerning an apparent conflict between the statutory powers of the School Building Authority of West Virginia (the Authority) and regulations that the Authority has promulgated. This Opinion is being issued pursuant to West Virginia Code § 5-3-1, which provides that the Attorney General shall give written opinions and advise upon questions of law . . . whenever required to do so, in writing, by . .. any . . . state officer, board, or commission, or the head of any state educational . . . institution . . . . To the extent this Opinion relies on facts, it is based solely upon the factual assertions set forth in your correspondence with the Office of the Attorney General. You have explained that in the wake of extensive flooding in June of 2016 that damaged multiple schools, then-Governor Tomblin tasked the Authority with administration of federal and state disaster relief funding, pursuant to state law. In response to that directive, the Authority applied for federal funding from the Federal Emergency Management Agency (FEMA). At issue in your request are federal funds intended to be used to relocate five schools in Kanawha and Nicholas Counties that suffered substantial flood damage, and which the United States Army Corps of Engineers have deemed to be subict to repetitive damage because they are located in a designated floodway and/or floodplain. You explain that the FEMA funding includes not only the funds needed for physical construction of the damaged school buildings, but also money to purchase real property to rebuild the schools out of the floodway and flood plain, and out of harm's way. State Capitol Building 1, Room E-26, 1900 Kanawha Boulevard East, Charleston, WV 25305

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