H. B. 3102
(By Delegates Staton, Browning and Yeager)
[Introduced February 21, 2003; referred to the
Committee on Finance.]
A BILL to amend and reenact section six, article one, chapter
twenty-two of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to requiring the
department of environmental protection to maintain an office
in southern West Virginia.
Be it enacted by the Legislature of West Virginia:
That section six, article one, chapter twenty-two of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. DIVISION OF ENVIRONMENTAL PROTECTION.
§22-1-6. Secretary of the department of environmental protection.
(a) The secretary is the chief executive officer of the
division. Subject to section seven of this article and other
provisions of law, the secretary shall organize the department into
such offices, sections, agencies and other units of activity as may be found by the secretary to be desirable for the orderly,
efficient and economical administration of the department and for
the accomplishment of its objects and purposes. The secretary may
appoint a deputy secretary, chief of staff, assistants, hearing
officers, clerks, stenographers and other officers, technical
personnel and employees needed for the operation of the department
and may prescribe their powers and duties and fix their
compensation within amounts appropriated.
(b) The secretary has the power to and may designate
supervisory officers or other officers or employees of the
department to substitute for him or her on any board or commission
established under this code or to sit in his or her place in any
hearings, appeals, meetings or other activities with such
substitute having the same powers, duties, authority and
responsibility as the secretary. The secretary has the power to
delegate, as he or she considers appropriate, to supervisory
officers or other officers or employees of the department his or
her powers, duties, authority and responsibility relating to
issuing permits, hiring and training inspectors and other employees
of the department, conducting hearings and appeals and such other
duties and functions set forth in this chapter or elsewhere in this
code.
(c) The secretary has responsibility for the conduct of the
intergovernmental relations of the department, including assuring:
(1) That the department carries out its functions in a manner
which supplements and complements the environmental policies,
programs and procedures of the federal government, other state
governments and other instrumentalities of this state; and
(2) That appropriate officers and employees of the division
consult with individuals responsible for making policy relating to
environmental issues in the federal government, other state
governments and other instrumentalities of this state concerning
differences over environmental policies, programs and procedures
and concerning the impact of statutory law and rules upon the
environment of this state.
(d) In addition to other powers, duties and responsibilities
granted and assigned to the secretary by this chapter, the
secretary is hereby authorized and empowered to:
(1) Sign and execute in the name of the state by the
"department of environmental protection" any contract or agreement
with the federal government or its departments or agencies,
subdivisions of the state, corporations, associations, partnerships
or individuals: Provided, That the powers granted to the secretary
to enter into agreements or contracts and to make expenditures and
obligations of public funds under this subdivision may not exceed
or be interpreted as authority to exceed the powers granted by the
Legislature to the various commissioners, directors or board
members of the various departments, agencies or boards that comprise and are incorporated into each secretary's department
pursuant to the provisions of chapter five-f of this code;
(2) Conduct research in improved environmental protection
methods and disseminate information to the citizens of this state;
(3) Enter private lands to make surveys and inspections for
environmental protection purposes; to investigate for violations of
statutes or rules which the division is charged with enforcing; to
serve and execute warrants and processes; to make arrests; issue
orders, which for the purposes of this chapter include consent
agreements; and to otherwise enforce the statutes or rules which
the division is charged with enforcing;
(4) Acquire for the state in the name of the "department of
environmental protection" by purchase, condemnation, lease or
agreement, or accept or reject for the state, in the name of the
department of environmental protection, gifts, donations,
contributions, bequests or devises of money, security or property,
both real and personal, and any interest in property;
(5) Provide for workshops, training programs and other
educational programs, apart from or in cooperation with other
governmental agencies, necessary to insure adequate standards of
public service in the department. The secretary may provide for
technical training and specialized instruction of any employee.
Approved educational programs, training and instruction time may be
compensated for as a part of regular employment. The secretary is authorized to pay out of federal or state funds, or both, as such
funds are available, fees and expenses incidental to such
educational programs, training, and instruction. Eligibility for
participation by employees will be in accordance with guidelines
established by the secretary;
(6) Issue certifications required under 33 U.S.C. §1341 of the
federal Clean Water Act and enter into agreements in accordance
with the provisions of section seven-a, article eleven of this
chapter. Prior to issuing any certification the secretary shall
solicit from the division of natural resources reports and comments
concerning the possible certification. The division of natural
resources shall direct the reports and comments to the secretary
for consideration; and
(7) Notwithstanding any provisions of this code to the
contrary, employ in-house counsel to perform all legal services for
the secretary and the department, including, but not limited to,
representing the secretary, any chief, the department or any office
thereof in any administrative proceeding or in any proceeding in
any state or federal court. Additionally, the secretary may call
upon the attorney general for legal assistance and representation
as provided by law.
(e) The secretary shall maintain a department office in
southern West Virginia at one of the following locations:
(1) The municipality of Welch, McDowell County;
(2) The John D. Rockefeller Industrial Park near the
McDowell-Wyoming County border; or
(3) The "K-Mart building" in or near the municipality of
Kimball, McDowell County.
(e) (f) The secretary shall be appointed by the governor, by
and with the advice and consent of the Senate, and serves at the
will and pleasure of the governor.
(f) (g) At the time of his or her initial appointment, the
secretary must be at least thirty years old and must be selected
with special reference and consideration given to his or her
administrative experience and ability, to his or her demonstrated
interest in the effective and responsible regulation of the energy
industry and the conservation and wise use of natural resources.
The secretary must have at least a bachelor's degree in a related
field and at least three years of experience in a position of
responsible charge in at least one discipline relating to the
duties and responsibilities for which the secretary will be
responsible upon assumption of the office. The secretary may not
be a candidate for or hold any other public office, may not be a
member of any political party committee and shall immediately
forfeit and vacate his or her office as secretary in the event he
or she becomes a candidate for or accepts appointment to any other
public office or political party committee.
(g) (h) The secretary will receive an annual salary of eighty-five thousand dollars and will be allowed and paid necessary
expenses incident to the performance of his or her official duties.
Prior to the assumption of the duties of his or her office, the
secretary shall take and subscribe to the oath required of public
officers prescribed by section five, article IV of the constitution
of West Virginia and shall execute a bond, with surety approved by
the governor, in the penal sum of ten thousand dollars, which
executed oath and bond will be filed in the office of the secretary
of state. Premiums on the bond will be paid from the department
funds.
NOTE: The purpose of this bill is to require the Department
of Environmental Protection to maintain an office in southern West
Virginia.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.