H. B. 2222
(By Delegates Caputo, Tucker, Mahan,
Boggs, Longstreth, Fragale, Barker and Hrutkay)
[Introduced January 9, 2008; referred to the
Committee on Industry and Labor, Economic Development and
Small Business then Government Organization.]
A BILL to amend and reenact §22B-4-1 of the Code of West Virginia,
1931, as amended, relating to increasing the number of
appointments to the Surface Mine Board by one member; and
requiring that the additional member is appointed from a list
submitted by the major union representing coal miners to
represent the view point of the working miners.
Be it enacted by the Legislature of West Virginia:
That §22B-4-1 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 4. SURFACE MINE BOARD.
§22B-4-1. Appointment and organization of Surface Mine Board.
(a) On and after the effective date of this article, the
"Reclamation Board of Review," heretofore created, shall continue
in existence and hereafter shall be known as the "Surface Mine Board."
(b) The board shall be composed of seven eight members who
shall be appointed by the Governor with the advice and consent of
the Senate. Not more than four members of the board shall be of the
same political party. Each appointed member of the board who is
serving in such capacity on the effective date of this article shall
continue to serve on the board until his or her term ends or he or
she resigns or is otherwise unable to serve. As each member's term
ends, or that member is unable to serve, a qualified successor shall
be appointed by the Governor with the advice and consent of the
Senate. One of the appointees to such the board shall be a person
who, by reason of previous vocation, employment or affiliations, can
be classed as one capable and experienced in coal mining. One
member of the board shall be a person appointed by the Governor from
a list containing the names of persons recommended to the Governor
for appointment by the highest ranking official within the major
employee organization representing coal miners within this state.
The list shall be transmitted to the Governor requesting the
Governor to appoint a person from the list to represent the
viewpoint of working miners. One of the appointees to such the
board shall be a person who, by reason of training and experience,
can may be classed as one capable and experienced in the practice
of agriculture. One of the appointees to such the board shall be
a person who by reason of training and experience, can be classed as one capable and experienced in modern forestry practices. One
of the appointees to such the board shall be a person who, by reason
of training and experience, can be classed as one capable and
experienced in engineering. One of the appointees to such the board
shall be a person who, by reason of training and experience, can be
classed as one capable and experienced in water pollution control
or water conservation problems. One of the appointees to such the
board shall be a person with significant experience in the advocacy
of environmental protection. One of the appointees to such the
board shall be a person who represents the general public interest:
Provided, That, in any case brought before the board relating to
quarry operations as regulated by article four of chapter twenty-two
of this code, two alternate board members will serve on the board
who have expertise related to the operation of quarries. These two
alternate members will serve in place of the board member appointed
due to his or her expertise in coal operations and the board member
which has been appointed due to his or her expertise in forestry.
Each alternative member shall have the identical term as the member
which he or she is replacing. The alternative board member
replacing the member with expertise in coal shall be appointed based
on his or her expertise in quarry operations. The alternative board
member replacing the member with expertise in forestry shall be
appointed based on his or her expertise in geology.
(c) During his or her tenure on the board, no member shall receive significant direct or indirect financial compensation from
or exercise any control over any person or entity which holds or has
held, within the two years next preceding the member's appointment,
a permit to conduct activity regulated by the division, under the
provisions of article three or four, chapter twenty-two of this
code, or any similar agency of any other state or of the federal
government: Provided, That the member classed as experienced in
coal mining, the member classed as experienced in engineering, the
member classed as experienced in water pollution control or water
conservation problems and the two alternative board members serving
to hear quarry related cases may receive significant financial
compensation from regulated entities for professional services or
regular employment so long as the professional or employment
relationship is disclosed to the board. No member shall participate
in any matter before the board related to a regulated entity from
which the member receives or has received, within the preceding two
years direct or indirect financial compensation. For purposes of
this section, "significant direct or indirect financial
compensation" means twenty percent of gross income for a calendar
year received by the member, any member of his or her immediate
family or the member's primary employer.
(d) The members of the board shall be appointed for terms of
the same duration as their predecessor under the original
appointment of two three members appointed to serve a term of two years; two members appointed to serve a term of three years; two
members to serve a term of four years; and one member to serve a
term of five years. Any member whose term expires may be
reappointed by the Governor. In the event a board member is unable
to complete the term, the Governor shall appoint a person with
similar qualification to complete the term. The successor of any
board member appointed pursuant to this article must possess the
qualification as prescribed herein. Each vacancy occurring in the
office of a member of the board shall be filled by appointment
within sixty days after such the vacancy occurs.
NOTE: The purpose of this bill is to increase the number of
appointments to the Surface Mine Board by one member and to require
that the additional member is appointed from a list submitted by the
major union representing coal miners to represent the view point of
the working miners.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.