ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 4564
(By Mr. Speaker, Mr. Kiss, and
Delegates Michael, Martin and Varner)
[Passed March 14, 1998; in effect July 1, 1998.]
AN ACT to amend and reenact section nine-a, article eleven,
chapter eighteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to abolishing
and recreating the coal and energy research bureau;
abolishing the bureau's advisory committee; designating
members of the bureau; and eliminating the expense
reimbursement provision.
Be it enacted by the Legislature of West Virginia:
That section nine-a, article eleven, chapter eighteen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 11. WEST VIRGINIA UNIVERSITY.
§18-11-9a. Coal and energy research bureau.
The coal and energy research bureau, heretofore established
at West Virginia university shall be abolished and a new coal and
energy research bureau is hereby created. Subject to such rules
as may be prescribed by the university of West Virginia board of
trustees and West Virginia university, the bureau shall conduct investigations and research into the development of new, safer
and more economical ways to mine, transport and use coal,
consider environmental problems created through the use and
production of coal, develop new uses and markets for coal, other
energy fuels and allied minerals, develop new methods of
combustion of coal and new uses of coal in the chemical industry,
develop greater efficiency and conservation in the mining and
mineral industries, and make such tests and investigations as may
be required by the office of miner's health, safety and training
in the prosecution of its work. The bureau shall conduct such
experiments, tests and activities as will promote the development
of the mineral industries in the state, and shall cooperate with
the office of miner's health, safety and training and other state
and federal agencies dealing with issues related to coal and its
uses. in the investigation of the causes of mine disasters and
common mine accidents. It shall also initiate and carry on a
program of research designed to discover and develop new uses and
new processes for the utilization of West Virginia coal and other
mineral resources.
The costs of financing the research program shall be paid
from any funds appropriated by the Legislature for the bureau,
from any grants or gifts received by the university or the
bureau, and from any income received for research carried on
under contract with any federal or state agency, or with any
private corporation, association or individual. Within the
limits of available funds, research activities may be conducted
by the bureau, or under contract with some other research group, corporation or individual.
In order to avoid wasteful duplication, the research program
shall be carried on in close cooperation with the federal
departments of energy and the interior, the federal environmental
protection agency, the federal energy technology center, the
national institute for occupational safety and health, and other
appropriate federal agencies, research organizations and
establishments, the West Virginia geological and economic survey,
the West Virginia development office, the West Virginia division
of environmental protection, and other appropriate state
agencies, research organizations and establishments and industry
and academic institutions. The university shall from time to
time, but at least annually, publish and distribute to the
governor, the Legislature, and to interested persons and agencies
reports of the bureau's activities, findings and recommendations.
The "advisory committee on coal and energy research,"
heretofore existing, is abolished. The bureau shall advise and
counsel with West Virginia university concerning the programs of
the coal and energy research bureau and make recommendations to
the university of West Virginia board of trustees, the governor
and the Legislature concerning the support of the programs of the
coal and energy research bureau.
The bureau shall consist of nine appointed members. The
chairperson of the bureau shall be the chairperson of the
department of mining engineering in the college of engineering
and mineral resources at West Virginia university. The remaining
members of the bureau shall include the director of the national research center for coal and energy; the director of the national
mine land reclamation center; the president of West Virginia
university or his or her designee; one member representing union
labor and one member representing the coal industry, each to be
appointed jointly by the president of the Senate and the speaker
of the House of Delegates; one member appointed by the president
of the Senate; one member appointed by the speaker of the House
of Delegates; and one member appointed by the governor. For the
purpose of the original appointments, the member appointed by the
president of the Senate shall serve for a term of one year and
until his or her successor has been appointed and qualified, the
member appointed by the speaker of the House of Delegates shall
serve for a term of two years and until his or her successor has
been appointed and qualified, and the member appointed by the
governor shall serve for a term of three years and until his or
her successor has been appointed and qualified. Except for the
original appointments, those members who are appointees shall
serve for a term of three years and until such members'
respective successors have been appointed and qualified. Members
may be reappointed for any number of terms. Vacancies shall be
filled by appointment for the unexpired term by the official who
appointed such member for the term vacated. To these members may
be added specialists as deemed desirable and appropriate by a
majority vote of the bureau.