Senate Concurrent Resolution No. 46 (originating in the Committee on Energy, Industry and Mining)--Requesting the Joint Committee on Government and Finance appoint an interim committee to review the current need for and feasibility of existing state legislative rules, procedural rules, interpretive rules, policies, guidance, directives and programs that may be more or less stringent than the corresponding federal regulations promulgated by the Office of Surface Mining Reclamation and Enforcement.
Whereas, The efficient and effective administration of the mining regulatory program in the State of West Virginia is of utmost importance to the people of the State of West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance shall establish a six-member interim committee on the administration of the mining regulatory program composed of three members of the House of Delegates and three members of the Senate to make proposed findings, conclusions and recommendations on the efficient and effective administration of the mining regulatory program in West Virginia and report those findings, conclusions and recommendations to the Joint Committee on Government and Finance before the regular session of the Legislature, 2004; and, be it
Further Resolved, That the West Virginia Coal Association shall identify issues of concern on or before May 1, 2003, relating to specifically identified and prioritized legislative rules, procedural rules, interpretive rules, policies, guidance, directives and programs that may be more stringent than the corresponding regulation promulgated by the Office of Surface Mining Reclamation and Enforcement; and, be it
Further Resolved, That the West Virginia Department of Environmental Protection will undertake a review of the issues identified by the West Virginia Coal Association and evaluate the current needs or feasibility of the same and report to the interim committee on the mining reclamation program no later than October 1, 2003; and, be it
Further Resolved, That beginning May 1, 2003, and ending January 1, 2004, the agency will provide a monthly report to the interim committee on the mining regulatory program containing the following information:
1. Number of mining permit applications, including amendments and revisions pending at the Department of Mining and Reclamation and the acreage associated with the pending applications.
2. The number of mining permit applications including revisions and amendments approved by the Department of Mining and Reclamation and the acreage associated with the approvals.
3. The number of applications received for Phase I, Phase II and Phase III bond release and the acreage associated with the bond release applications.
4. The number of applications for Phase I, Phase II and Phase III bond release approved by the Department of Mining and Reclamation and the acreage associated with the approvals; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2004, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations.