SB496 H JUD AM 3-10 #1
The Committee on the Judiciary moves to amend the bill on page
two, following the enacting section, by striking out the remainder
of the bill and inserting in lieu thereof the following language:
ARTICLE 1. DIVISION OF ENVIRONMENTAL PROTECTION.
§22-1-9. Environmental Protection Advisory Council.
(a) There is created within the Department of Commerce, Labor
and Environmental Resources Protection the Environmental Protection
Advisory Council. The Environmental Protection Advisory Council
consists of seven eight members. The director secretary serves as
an ex officio member of the council and as its chair. The
remaining six seven members are appointed by the Governor. Each
member serves for a term of four years and may be reappointed. Of
the members of the council first appointed, two shall be appointed
for terms ending on June 30, 1996, and two each for terms ending
one and two years thereafter. Vacancies on the council shall be
filled within sixty days after the vacancy occurs.
(b) Two members of the council shall represent industries
regulated by the division department or their trade associations.
Two members shall represent organizations advocating environmental
protection. One member shall represent organizations representing
local governments. One member shall represent public service
districts. One member shall represent the largest coal miner's
labor organization in the state. In making subsequent appointments this balance of membership shall be maintained.
(c) Appointed members 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, and at
the call of the chair or upon the unanimous request of its members.
(e) The council shall:
(1) Consult with and advise the director 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; and
(6) Provide an annual report to the Joint Committee on
Government and Finance on or before January 1 of each year relating
to its findings with regard to the division's department's
performance during the previous year. The report will specifically address the division's department's performance in accomplishing
the nine purposes set forth in subsection (b), section one of this
article.
(f) Notwithstanding any other provision of this code to the
contrary, upon approval by majority vote of the Environmental
Protection Advisory Council's members, the council may submit
recommendations for rulemaking
to the Secretary of the Department
of Environmental Protection. The Secretary shall consider the
council's recommendations for rulemaking when developing agency
rules to be submitted for legislative approval.