COMMITTEE SUBSTITUTE
FOR
H. B. 4564
(By Mr. Speaker, Mr. Kiss, and
Delegates Michael, Martin and Varner)
(Originating in the Committee on Education)
[February 26, 1998]
A BILL 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 continued and be designated as the coal and energy research bureau abolished and a new coal
and energy research bureau is hereby created. Subject to such
rules and regulations as may be prescribed by the board of
regents university of West Virginia board of trustees and West
Virginia university, it 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
department of mines office of miner's health, safety and training
in the prosecution of its work. It 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 department of mines 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 purpose
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 university itself 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 bureau
of mines, the federal energy research and development agency, the
Morgantown energy research center, the state department of mines,
the planning and research division of the state department of
commerce 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 its the bureau's
activities, findings and recommendations.
The "advisory committee on coal and energy research,"
heretofore existing, is abolished. and a new "advisory committee
on coal and energy research" is hereby created to The bureau
shall advise and counsel with the university West Virginia
university concerning the programs of the coal and energy
research bureau and to make recommendations to the board of
regents 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 advisory committee on coal and energy research bureau
shall consist of at least nine appointed members. and the
president of the Senate or his designate, the speaker of the
House of Delegates or his designate, and the president of the
university or his designate as ex officio members The chairman
chairperson of the committee bureau shall be the president of the
university or his designate chairperson of the department of
mining engineering in the college of engineering and mineral
resources at West Virginia university. Appointed members shall be specialists or experts in the various areas of energy
production, conversion and utilization. Three members shall be
appointed by the president of the Senate, three members shall be
appointed by the speaker of the House of Delegates, and three
members shall be appointed by the governor. Except for the
original appointments, each official shall make his appointments
for overlapping terms of three years and until such members'
respective successors have been appointed and qualified. For the
purpose of the original appointments, the president of the
Senate, the speaker of the House of Delegates and the governor
shall appoint one member each for a term of one year and until
his successor has been appointed and qualified, one member each
for a term of two years and until his successor has been
appointed and qualified, and one member each for a term of three
years and until his successor has been appointed and qualified.
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 committee bureau. This
committee shall meet at least semiannually upon the call of the
chairman. The members shall be entitled to be reimbursed for
all reasonable and necessary expenses actually incurred in the
performance of their duties as such members.
NOTE: The purpose of this bill is to recreate the Coal and
Energy Research Bureau, and to abolish the bureau's advisory
committee. Members of the bureau will include the chairperson of
the Department of Mining Engineering at West Virginia University,
the director of the National Research Center for Coal and Energy,
the director of the National Mine Land Reclamation Center, and
appointees of the president of the West Virginia Senate, the
speaker of the House of Delegates, and the Governor. The bureau
will be subject to rules as may be prescribed by the University
of West Virginia Board of Trustees, and funding shall come from
legislative appropriations, grant moneys and funds from private
corporations and individuals.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.