SENATE CONCURRENT RESOLUTION NO. 37

(By Senator Tomblin, Mr. President)




Requesting the joint committee on government and finance to appoint a task force to evaluate mitigating as it relates to the environmental standards of the coal industry.

Whereas, The West Virginia coal industry competes for market share with several other states, including all five of the surrounding states; and
Whereas, The selling price of coal is determined by an assortment of elements including the costs associated with the compliance of government imposed standards; and
Whereas, The condition of the environment, including the maintenance of the state's streams and wetlands, is important to all West Virginians; and
Whereas, The filling of these wetlands, although necessary for economic development, constitutes a serious permanent loss of natural resources and public trust; and
Whereas, The preservation and protection of these streams and wetlands, or due consideration of their appropriate replacement, is essential to maintaining the public trust; and
Whereas, The West Virginia division of environmental protection, the agency charged with the responsibility of regulating the environmental standards of the coal industry, has established a program called "mitigation"; and
Whereas, There is a need to provide a clear definition of "mitigation" and establish reasonable, scientifically based and competitively referenced per acre "mitigation" values, which can only be determined after a thorough review of the practices, standards and regulations of the federal government and the governments of other coal-producing states; therefore, be it
Resolved by the Legislature of West Virginia:
That the joint committee on government and finance is hereby requested to appoint a task force to conduct a study on the subject of "mitigation"; and, be it
Further Resolved, That the task force should be composed of three representatives from the coal industry as determined jointly by the two major coal trade associations in the state; three technical professionals appointed by the director of the division of environmental protection; the state environmental advocate; two members of the Senate, appointed by the president of the Senate; and two members of the House of Delegates, appointed by the speaker of the House of Delegates; and, be it
Further Resolved, That the task force is to evaluate appropriate levels of "in-kind" projects and cash donations; and the distribution of donated moneys for stream restorations, wetlands construction and economic development activities in the counties where mitigating activities take place, and in other counties; and, be it
Further Resolved, That the task force is directed to meet during the year one thousand nine hundred ninety-six, and report its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations, no later than the first day of January, one thousand nine hundred ninety-seven; and, be it
Further Resolved, That the expenses necessary to conduct the study and to prepare appropriate reports, recommendations and proposed legislation be paid from the legislative appropriations to the joint committee on government and finance.