H. B. 2406
(By Delegate Skaff)
[Introduced February 13, 2013; referred to the
Committee on the Energy, Industry and Labor, Economic Development
and Small Business then the Judiciary.]
A BILL to amend and reenact §22-1-8 of the Code of West Virginia,
1931, as amended, relating to the Department of Environmental
Protection; and requiring the supervisory officers of the
offices within the Department of Environmental Protection to
monitor litigation challenging state statutes affecting the
production of natural resources in West Virginia.
Be it enacted by the Legislature of West Virginia:
That §22-1-8 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. DEPARTMENT OF ENVIRONMENTAL PROTECTION.
§22-1-8. Supervisory officers.
(a) The secretary shall appoint a competent and qualified
person to be the chief executive officer of each office specified in section seven of this article. The chief executive officer is
the principal administrative officer of that office and is
accountable and responsible for the orderly and efficient
performance of the duties, functions and services of her or his
office. The chief executive officer shall monitor legal challenges
to the energy industries in the state and submit a report every
sixty days to the Department of Environmental Protection and the
Department of Revenue. The report shall contain information
relating to any litigation that challenges any statute that could
affect the production of natural resources in this state. The
Department of Environmental Protection and the Department of
Revenue shall make a fiscal and budgetary analysis of the impact of
the litigation for each chief executive officer who shall submit
these to the Governor and Legislature every sixty days.
(b) There shall be in the department such other supervisory
officers as the secretary determines is necessary to administer the
functions of the department.
Such The supervisory officers are
"administrators" as such that term is defined in section two,
article six, chapter twenty-nine of this code, notwithstanding the
fact that the positions filled by such those persons are not
statutorily created. Any such supervisory officer may be
designated by the secretary as a deputy director, assistant
director, chief, administrator or other administrative title or
designation. Each of the supervisory officers shall be appointed by the secretary and serve at the will and pleasure of the
secretary. The compensation of such supervisory officers shall be
fixed by the secretary. A single individual may be appointed to
serve simultaneously in two distinct supervisory positions but in
a case where a dual appointment is made, the supervisory officer
shall may not receive additional compensation above that which
would be paid for serving in one supervisory position.
(c) A supervisory officer appointed pursuant to the provisions
of this section
shall report reports directly to the secretary and
shall, in addition to any functions vested in or required to be
delegated to such the officer, perform additional functions as the
secretary may prescribe.
(d) Each supervisory officer of the department shall, before
entering upon the discharge of his or her duties, take the oath of
office prescribed by section five, article IV of the Constitution
of West Virginia and
shall execute a bond in the penalty of $2,000,
with security to be approved by the Governor, conditioned upon the
faithful discharge of their duties. A certificate of the oath and
bond shall be filed in the office of the Secretary of State.
Premiums on the bond shall be paid from the department funds.
NOTE: The purpose of this bill is to require the supervisory
officers of the offices within the Department of Environmental
Protection to monitor litigation challenging state statutes
affecting the production of natural resources in West Virginia; and
to report to the Department of Environmental Protection,
Department of Revenue, the Legislature and Governor every sixty days with fiscal and budgetary analysis of the impact of any such
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would