SB 496 Text

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Key: Green = existing Code. Red = new code to be enacted

COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 496
(By Senators Williams, Caruth, Stollings and Plymale)
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[Originating in the Committee on Energy, Industry and Mining;
reported February 25, 2010.]
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A BILL to amend and reenact §22-1-9 of the Code of West Virginia, 1931, as amended, relating to allowing the Environmental Protection Advisory Council to review, adopt and eliminate rules exceeding applicable federal standards promulgated pursuant to this article; and granting council mandatory rule- making authority.

Be it enacted by the Legislature of West Virginia:
That §22-1-9 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 1. DIVISION OF ENVIRONMENTAL PROTECTION.

§22-1-9. Environmental Protection Advisory Council.

(a) There is created within the Department of Commerce, Labor and Environmental Resources the Environmental Protection Advisory Council. The Environmental Protection Advisory Council consists of seven members. The director serves as an ex officio member of the council and as its chair. The remaining six members are appointed by the Governor. Each member serves for a term of four years and may be reappointed. Of the members of the council first appointed, two shall be appointed for terms ending on June 30, 1996, and two each for terms ending one and two years thereafter. Vacancies on the council shall be filled within sixty days after the vacancy occurs.
(b) Two members of the council shall represent industries regulated by the division or their trade associations. Two members shall represent organizations advocating environmental protection. One member shall represent organizations representing local governments. One member shall represent public service districts. In making subsequent appointments this balance of membership shall be maintained.
(c) Appointed members shall be paid the same compensation and expense reimbursement as is paid to members of the Legislature for their interim duties as recommended by the citizens legislative compensation commission and authorized by law for each day or portion thereof engaged in the discharge of official duties.
(d) The council shall meet at least once every quarter and at the call of the chair.
(e) The council shall:
(1) Consult with and advise the director on program and policy development, problem solving and other appropriate subjects;
(2) Identify and define problems associated with the implementation of the policy set forth in section one of this article;
(3) Provide and disseminate to industry and the public early identification of major federal program and regulatory changes;
(4) Provide a forum for the resolution of conflicts between constituency groups;
(5) To the extent possible, strive for consensus on the development of overall environmental policy; and
(6) Provide an annual report to the Joint Committee on Government and Finance on or before January 1 of each year relating to its findings with regard to the division's performance during the previous year. The report will specifically address the division's performance in accomplishing the nine purposes set forth in subsection (b), section one of this article.
(f) Notwithstanding any other provision of this code, upon approval of a majority of the Environmental Protection Advisory Council's members, the council shall submit suggested rule s to the Secretary of the Department of Environmental Protection. Additionally, the Secretary shall accept the council's approved rule and fully consider the council's rule when developing agency rules to be submitted for legislative approval in accordance with article three, chapter twenty-nine-a of this code.
(g) Notwithstanding any other provision of this code , upon approval of a majority of the Environmental Protection Advisory Council's members, the council shall submit recommendations to the Secretary regarding current state rules promulgated under the Department's authority in accordance with article three, chapter twenty-nine-a of this code . Additionally, the Secretary shall accept and fully consider the council's recommendations. These recommendations may include but are not limited to the elimination or modification of any said rules exceeding applicable federal standards.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

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