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Introduced Version Senate Bill 518 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 518

(By Senators Caruth and Williams)

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[Introduced March 9, 2009; referred to the Committee on the Judiciary.]

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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, the council shall propose rules for legislative approval in accordance with article three, chapter twenty-nine-a of this code that would allow said council to promulgate rules to adopt and review current rules promulgated under article one of this chapter of the code, and eliminate any said rules exceeding applicable federal standards.


NOTE: This bill shall allow the Environmental Protection Advisory Council to review, adopt, and eliminate rules exceeding applicable federal standards promulgated pursuant to this article, and otherwise grant this Council mandatory rule-making authority.

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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