COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 631
(By Senators Tomblin, Mr. President, Anderson, Bailey, Bowman,
Caldwell, Chafin, Craigo, Edgell, Facemyer, Fanning, Helmick,
Jackson, Kessler, Love, McCabe, Minard, Minear, Plymale,
Prezioso, Redd, Ross, Rowe, Sharpe, Snyder, Unger, Wooton,
Sprouse, McKenzie, Oliverio, Mitchell and Hunter)
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[Originating in the Committee on Government Organization;
reported April 2, 2001.]
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A BILL to amend chapter five-c of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article two, relating to
creating the West Virginia clean coal technology council to
develop pilot projects relating to clean coal and alternative
coal use; legislative findings; definitions; membership and
terms of the council; meeting requirements; and powers and
duties of the council.
Be it enacted by the Legislature of West Virginia:
That chapter five-c of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, be amended by adding thereto
a new article, designated article two, to read as follows:
ARTICLE 2. WEST VIRGINIA CLEAN COAL TECHNOLOGY ACT.
§5C-2-1. Legislative findings.
(a) The Legislature finds that:
(1) Coal is an important fuel source for keeping the household
energy costs low in the state of West Virginia;
(2) Continued protection of the state's environment, public
health and welfare requires that new emissions reduction
technologies that protect and improve air quality be evaluated for
their environmental effectiveness and economic viability;
(3) The diversity of fuel used to generate electricity is a
significant factor in providing reliable and economical energy to
the citizens of the state of West Virginia;
(4) The price of electricity generated with coal has remained
relatively unchanged over the past twenty years;
(5) The continued recovery and utilization of coal resources
are important to the state's economy;
(6) Advancements in clean coal technology clearly demonstrate
that electricity from coal can be produced in a more efficient,
economical and environmentally friendly manner; and
(7) Advancements in alternative coal usage has produced useful household, commercial and industrial technologies.
(b) The Legislature determines that, consistent with the
protection of the public health and welfare, the protection of air
quality, the protection of the environment, the operation of
existing industries, the enhancement of the long-term economic
health and the improved reliability of electric generation in the
state, it is a goal of this state's energy policy that technologies
be explored to increase the efficiencies and decrease the emissions
from electricity generated by coal.
(c) It is the policy of this state that clean coal
technologies and alternative coal uses will be explored in order
to:
(1) Preserve fuel diversity and maintain reliable, low-cost
sources of electric power;
(2) Identify technologies for reducing the emissions from
existing coal-fired electric generation; and
(3) Identify new, cleaner coal-fired electric generation
technologies that may be used to provide new generating capacity.
§5C-2-2. Definitions.
In this section:
(1) "Council" means the West Virginia clean coal technology
council.
(2) "Designated agency" means the state agency designated by the council to provide administrative support to the council.
(3) "Pilot projects" means the voluntary application of new
coal utilization technology on existing or new facilities designed
to reduce the emission of air pollutants.
§5C-2-3. Creation and membership of the West Virginia clean coal
technology council.
(a) The West Virginia clean coal technology council is created
with legislative oversight to coordinate actions for the study and
development of clean coal technology pilot projects in this state.
(b) The council is composed of:
(1) Three state senators to be appointed by the president of
the Senate, with one being designated as cochair;
(2) Three state delegates to be appointed by the speaker of
the House, with one being designated as cochair;
(3) Three members of the public to be appointed by the
president of the Senate; and
(4) Three members of the public to be appointed by the speaker
of the House of Delegates.
§5C-2-4. Administration.
(a) Members of the council shall be appointed for two-year
terms and may be reappointed for additional terms;
(b) The council shall meet not less than once each calendar
quarter for the first year and at a frequency to be determined by the council thereafter, at a time determined by the council and at
the call of the cochairs;
(c) An appropriate state agency shall be designated by the
council as being responsible for administering the council. The
designated agency shall provide, from its existing staff, the staff
necessary to assist the council in carrying out its
responsibilities. This agency shall have the authority to request
and distribute federal funding for use by the council in carrying
out its responsibilities;
(d) The council is subject to the administrative procedures
act pursuant to chapter twenty-nine-a of this code.
§5C-2-5. Powers, duties, information and reports of council.
(a) The council shall:
(1) Coordinate the activities of the designated agency with
regard to the specific clean coal technology charges of this
council with appropriate private, public, state or federal
agencies/organizations;
(2) Provide direction to the designated agency to study,
develop and promulgate requests for proposals for pilot projects in
West Virginia that will assist the council in evaluating
technologies, assessing economics, evaluating the environmental
benefits, seeking funds, evaluating the useful life of pilot
projects and determining the importance of clean coal technologies to energy policy in West Virginia. Requests for proposals shall
include an assessment of the potential for the use of financial and
other incentives for potential respondents;
(3) Provide oversight to the designated agency in seeking
public and private funding to support the activities of the council
and the financing of pilot projects;
(4) Determine a reasonable projected duration for the pilot
projects;
(5) Encourage and facilitate the development of alternative
coal uses and related coal technologies;
(6) File with the governor, speaker of the House of Delegates
and president of the Senate before the date that the next regular
legislative session convenes a report of the council's activities
during the two proceeding years and any recommendations for
legislation considered necessary with regard to the pilot projects;
and
(7) Publish the report required by subdivision (6) of this
subsection.
(b) The designated state agency having the responsibility for
administering the clean coal technology council shall maintain a
public file relating to the council.
(c) The designated agency having responsibility for
administering the clean coal technology council shall make available to the public a copy of any council report that is
provided to the Legislature.
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(NOTE: The purpose of this bill is to create the "West
Virginia clean coal technology council," a body intended to study,
recommend, promote and implement through pilot projects, clean coal
technology and alternative uses for coal. The bill sets forth
guidelines for membership on the council, along with the council's
responsibilities and functions.
This article is new; therefore, strike-throughs and
underscoring have been omitted.)