H. B. 4579
(By Delegates Azinger and
Beane, By Request)
[Introduced February 26, 1998; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section eight, article twenty-five,
chapter eight of the code of West Virginia, one thousand
nine hundred thirty-one, as amended; and to amend and
reenact section three, article four, chapter twenty-two-c of
said code, all relating to solid waste authorities; and
transferring county solid waste authorities to regional
Be it enacted by the Legislature of West Virginia:
That section eight, article twenty-five, chapter eight of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted; and that section three,
article four, chapter twenty-two-c of said code be amended and
reenacted, all to read as follows:
CHAPTER 8. MUNICIPAL CORPORATIONS.
ARTICLE 25. INTERGOVERNMENTAL RELATIONS -- REGIONAL PLANNING AND DEVELOPMENT.
§8-25-8. Powers and duties of regional councils generally.
Each regional council may:
(a) Continuously engage in comprehensive planning and
development processes and prepare, and from time to time revise,
amend, extend or add to, a plan or plans for the development of
the region consistent with any state comprehensive planning and
development objectives and reflecting plans and programs of the
participating governmental units. Any such plan or plans shall
be based on studies of governmental, social, economic,
environmental and physical conditions and trends, and shall aim
at the coordinated development of the region in order to promote
the general health, welfare, convenience and prosperity of its
Such The plan or plans, or parts thereof, shall be
prepared by persons appropriately qualified under state statutes
dealing with the applicable profession or occupation. Such The
plan or plans shall be submitted for review to the appropriate
agencies in accordance with the provisions of this article. The
plan or plans shall embody the policy recommendations of the
regional council, and may include, but shall may not be limited
to: (1) A statement of goals, objectives, standards and
principles sought to be expressed in the plan or plans to guide
economic, social, environmental and human resource development;
(2) recommendations for transportation networks in the region, including land, water and air transportation, and for
communication facilities; (3) recommendations concerning the need
for and proposed general location of public and private works and
facilities, which by reason of their function, size, extent or
for any other cause are of a regional, as distinguished from a
purely local concern; (4) recommendations for the proper
collection, transportation, processing, recycling and disposal of
solid waste; and (4) (5) recommendations for the long-range
programming and financing of capital projects and facilities.
(b) Prepare and from time to time revise, amend, extend or
add to a regional development program to implement the policies
contained in the comprehensive development plan for the region.
The program shall contain a listing of development projects and
programs, priorities for the financing of these projects and
programs and recommended methods for project and program
(c) Prepare and recommend ordinances, rules and regulations
which would implement regional and local plans.
(d) Prepare and publish studies of the region's resources,
both natural and human, with respect to existing and emerging
problems of industry, commerce, transportation, population,
housing, agriculture, environment, health, education, welfare,
public service, local governments and any other matters which are
relevant to regional planning.
(e) Collect, process and analyze the social and economic
statistics for the region which are necessary to planning studies
and make the results of such collection, processing and analysis
available to the general public.
(f) Participate with other governmental agencies,
educational institutions and private organizations in the
coordination of the regional research and educational activities
described in subdivisions (d), (e) and (h) of this section.
(g) Cooperate with, and provide, upon request, planning and
technical assistance to municipalities, counties and planning and
development agencies within the region, and coordinate regional
planning with the planning activities and plans of the state and
of the municipalities and counties within the region, as well as
neighboring areas, including those in adjoining states, and the
programs of federal departments and agencies.
(h) Provide information to officials, departments, agencies
and instrumentalities of the federal, state and local governments
and to the public at large, in order to foster public awareness
and understanding of the objectives of the regional plans and the
functions of the regional and local planning and development
councils, and to stimulate public interest and participation in
the orderly, integrated development of the region.
(i) Apply for, accept and expend funds and grants provided
for the purposes hereof by the government of the United States or its departments or agencies; by departments and agencies of the
state or any other state; by one or more municipalities, counties
or other political subdivisions of this state or of any other
state; or by any other agency, public or private; or from any
individual whose interests are in harmony with the purposes
hereof, including planning councils and commissions, all in
accordance with any federal requirements and subject to any
conditions or limitations of the constitution or laws of this
(j) Perform development on a regional basis as necessary to
undertake, complete or accomplish the goals and purposes of
comprehensive planning in the region by intergovernmental
contract or joint enterprises, or both, with local governmental
units or combinations of such units pursuant to article twenty- three of this chapter.
(k) Exercise powers jointly or in cooperation with agencies
or political subdivisions of the state of West Virginia or any
other state, or with agencies of the United States, subject to
constitutional and statutory provisions applicable to
(l) Adopt bylaws and such other rules and regulations as may
be necessary to effectuate the purposes of this article.
(m) Exercise all other powers and authority necessary and
proper for the discharge of its duties.
CHAPTER 22C. ENVIRONMENTAL RESOURCES; BOARDS,
AUTHORITIES, COMMISSIONS AND COMPACTS.
ARTICLE 4. COUNTY AND REGIONAL SOLID WASTE AUTHORITIES.
§22C-4-3. Transfer of county solid waste authority to regional
solid waste authorities.
(a) Each and every county solid waste authority authorized
and created by the county commission of any county pursuant to
former article sixteen, chapter seven of this code is hereby
abolished on and after the first day of January, one thousand
nine hundred eighty-nine. On and after the first day of January,
one thousand nine hundred eighty-nine, a new county solid waste
authority is hereby created and established as a public agency
in every county of the state and is the successor to each county
solid waste authority which may have been created by the county
commission: Provided, That such county solid waste authorities
shall not be established or shall cease to exist, as the case may
be, in those counties which establish a regional solid waste
authority pursuant to section four of this article. The solid
waste management board may require a county solid waste authority
to cooperate and participate in programs with other authorities
if the need arises. Effective the first day of July, one
thousand nine hundred ninety-eight, the county solid waste
authority created by this section is hereby abolished and
functions of those solid waste authorities is hereby transferred to the regional council for the counties provided for in article
twenty-five, chapter eight of this code, which regional councils
are designated as the successors to each county solid waste
authority which may have been created by the county commissions
and shall be known as regional solid waste authorities:
Provided, That county solid waste authorities may not be
established or cease to exist, as the case may be, in those
counties which have established a regional solid waste authority
pursuant to section four of this article.
(b) The authority board of directors is comprised of five
members who are appointed as follows: One by the director of
the division of environmental protection, two by the county
commission, one by the board of supervisors for the soil
conservation district in which the county is situated and one by
the chairman of the public service commission. The members of
the board are appointed for terms of four years for which the
initial shall start on the first day of July, one thousand nine
hundred eighty-eight: Provided, That the first two members
appointed by the county commission shall be appointed to initial
terms of two and four years, respectively, and for terms of four
years for each appointment thereafter. The members of the board
shall receive no compensation for their service thereon but shall
be reimbursed for their actual expenses incurred in the discharge
of their duties. Vacancies in the office of member of the board of directors shall be filled for the balance of the remaining
term by the appropriate appointing authority within sixty days
after such vacancy occurs. No member who has any financial
interest in the collection, transportation, processing, recycling
or the disposal of refuse, garbage, solid waste or hazardous
waste shall vote or act on any matter which directly affects the
member's personal interests.
NOTE: The purpose of this bill is to transfer county solid
waste authorities to regional councils to be known as regional
solid waste authorities.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.