ENROLLED
COMMITTEE SUBSTITUTE
FOR
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 616
(Senators Ross, Love, Weeks and Edgell, original sponsors)
____________
[Passed March 13, 2004; in effect ninety days from passage.]
____________
AN ACT to amend and reenact §22-1-9 of the code of West Virginia,
1931, as amended; and to amend said code by adding thereto a
new section, designated §22-3-33, all relating to the
department of environmental protection generally; increasing
the membership of the environmental protection advisory
council; requiring that a meeting of the advisory council be
called upon the written request of a majority of members;
requiring that the council timely receive an agenda and
related materials for each meeting; allowing council members
to submit rule-making suggestions to the secretary for
consideration; authorizing appointment of technical advisors;
establishing a new quality assurance and compliance advisory
committee; providing for procedures for committee meetings;
authorizing payment of expenses; and authorizing the committee
to review coal mining permit procedures and processes.
Be it enacted by the Legislature of West Virginia:
That §22-1-9 of the code of West Virginia, 1931, as amended,
be amended and reenacted; and that said code be amended by adding
thereto a new section, designated §22-3-33, all to read as follows:
ARTICLE 1. DEPARTMENT OF ENVIRONMENTAL PROTECTION.
§22-1-9. Environmental protection advisory council.
(a) There is created within the department of environmental
protection the environmental protection advisory council. The
environmental protection advisory council consists of twelve
members. The secretary serves as an ex officio member of the
council and as its chair. The remaining eleven members are
appointed by the governor. Each member serves for a term of four
years and may be reappointed. Of the new members of the council
appointed, as a result of the enactment of this section during the
two thousand four regular session, four shall be appointed for
terms ending on the thirtieth day of June, two thousand six, four
shall be appointed for terms ending two thousand seven and three
shall be appointed for terms ending two thousand eight.
Thereafter, each appointment shall be for a term of four years.
Vacancies on the council shall be filled within sixty days after
the vacancy occurs.
(b) The governor shall appoint members of the council from
nominations submitted by the following organizations:
(1) The largest state organization representing manufacturers;
(2) The largest state trade organization representing coal
producers;
(3) The largest state organization representing farming
interests; and
(4) The largest employee organization representing coal miners within this state.
And from the following areas of interest:
(5) A forester registered pursuant to article nineteen,
chapter thirty of this code and representing the interests of
private owners of forest land;
(6) Two members shall represent organizations advocating
environmental protection;
(7) One member shall represent wild life conservation;
(8) One member shall be the department of environmental
protection environmental advocate;
(9) One member shall represent organizations representing
local governments; and
(10) One member shall represent public service districts.
In making subsequent appointments this balance of membership
shall be maintained.
(c) Appointed members, who are not employees of the state,
shall be paid the same compensation and expense reimbursement as is
paid to members of the Legislature for their interim duties as
recommended by the citizens legislative compensation commission and
authorized by law for each day or portion thereof engaged in the
discharge of official duties.
(d) The council shall meet at least once every quarter at the
call of the chair on his or her own motion or at the request of any
five members of the council presented in writing to the chair.
At least fifteen days prior to each regularly scheduled quarterly
meeting, or ten days in advance of a meeting called by the chair,
the secretary shall provide to the council an agenda of all matters
scheduled for discussion at the meeting together with any rules the secretary intends to propose for promulgation.
(e) The council shall:
(1) Consult with and advise the secretary on program and
policy development, problem solving and other appropriate subjects;
(2) Identify and define problems associated with the
implementation of the policy set forth in section one of this
article;
(3) Provide and disseminate to industry and the public early
identification of major federal program and regulatory changes;
(4) Provide a forum for the resolution of conflicts between
constituency groups;
(5) To the extent possible, strive for consensus on the
development of overall environmental policy;
(6) Upon a majority vote of the members, the council may
submit to the secretary suggestions for proposed rulemaking which
the secretary may propose as amendments to an existing rule or as
a new rule pursuant to the provisions of chapter twenty-nine-a of
this code;
(7) Provide an annual report to the joint committee on
government and finance on or before the first day of January of
each year relating to its findings with regard to the division's
performance during the previous year. The report will specifically
address the department's performance in accomplishing the ten
purposes set forth in subsection (b), section one of this article;
and
(8) Appoint technical advisory committees as may be of
assistance to the council and secretary in the development of
programs.
ARTICLE 3. SURFACE COAL MINING AND RECLAMATION ACT.
§22-3-33. Quality assurance and compliance advisory committee.
(a) A quality assurance and compliance advisory committee is
hereby established.
(b) The purpose of the advisory committee is to review mine
permitting procedures and related requirements and to work with the
office of mining and reclamation to improve upon the efficiency and
quality of permits issued by the office and improvement of the
permitting process.
(c) The secretary shall serve as an ex officio member of the
advisory committee and as its chair.
(d) The governor shall appoint two members to the committee
who each have five or more years experience in either underground
or surface coal mining; two members who each have five or more
years experience in environmental protection and one citizen at
large from a coal producing region of the state who is not
currently nor has been employed in the coal mining industry.
(e) After the initial appointments, members shall serve for
staggered terms of six years and may be reappointed. Two of the
members of the advisory committee first appointed shall serve terms
ending on the thirtieth day of June, two thousand six, and one each
for terms ending two, three and four years thereafter.
(f) Vacancies on the advisory committee shall be filled within
sixty days after the vacancy occurs. Members appointed to fill
vacancies shall serve for the remainder of the unexpired term.
(g) Any appointed member whose term has expired shall serve
until a successor has been duly appointed and qualified.
(h) Appointed members of the advisory committee shall be paid the same compensation and expense reimbursement as is provided for
members of the Legislature pursuant to sections six and eight,
article two-a, chapter four of this code.
(i) The advisory committee shall meet at the call of the
secretary or his or her designee, but not less than every four
months.