Senate
House
Joint
Bill Status
WV Code
Audits/ Reports
Educational
Contact
home
home
HOUSE: | Bills Introduced | Resolutions Introduced | Abstract | Topical Index | Committee Schedule | Calendar | Daily Calendar | Journal | Menu |

House Journal


Day 01 (01-08-2014)
Day 02 (01-09-2014)
Day 03 (01-10-2014)
Day 06 (01-13-2014)
Day 07 (01-14-2014)
Day 08 (01-15-2014)
Day 09 (01-16-2014)
Day 10 (01-17-2014)
Day 13 (01-20-2014)
Day 14 (01-21-2014)
Day 15 (01-22-2014)
Day 16 (01-23-2014)
Day 17 (01-24-2014)
Day 20 (01-27-2014)
Day 21 (01-28-2014)
Day 22 (01-29-2014)
Day 23 (01-30-2014)
Day 24 (01-31-2014)
Day 27 (02-03-2014)
Day 28 (02-04-2014)
Day 29 (02-05-2014)
Day 30 (02-06-2014)
Day 31 (02-07-2014)
Day 34 (02-10-2014)
Day 35 (02-11-2014)
Day 36 (02-12-2014)
Day 37 (02-13-2014)
Day 38 (02-14-2014)
Day 42 (02-18-2014)
Day 43 (02-19-2014)
Day 44 (02-20-2014)
Day 45 (02-21-2014)
Day 48 (02-24-2014)
Day 49 (02-25-2014)
Day 50 (02-26-2014)
Day 51 (02-27-2014)
Day 52 (02-28-2014)
Day 56 (03-04-2014)
Day 57 (03-05-2014)
Day 58 (03-06-2014)
Day 59 (03-07-2014)
Day 61 (03-09-2014)
Day 62 (03-10-2014)
Day 01 (1-08-02014)

Eighty-first Legislature

Second Regular Session

Held at Charleston

Published by the Clerk of the House

 

West Virginia Legislature

JOURNAL

of the

House of Delegates

colorseal.jpg



__________*__________

 


 

Wednesday, March 5, 2014

FIFTY-SEVENTH DAY

[Mr. Speaker, Mr. Miley, in the Chair]

 

 

            The House of Delegates met at 11:30 a.m., and was called to order by the Honorable Timothy R. Miley, Speaker.

            Prayer was offered and the House was led in recitation of the Pledge of Allegiance.

            The Clerk proceeded to read the Journal of Tuesday, March 4, 2014, being the first order of business, when the further reading thereof was dispensed with and the same approved.

            At the request of Delegate White, and by unanimous consent, the applicable provisions of House Rule 136, relating to privileges of the floor, were suspended for the day to extend privileges of the floor to invited guests for presentations by the House.

Committee Reports

            Delegate Poling, Chair of the Committee on Education, submitted the following report, which was received:

            Your Committee on Education has had under consideration:

            Com. Sub. for S. B. 409, Relating to education reform,

            And,

            Com. Sub. for S. B. 253, Clarifying code for Community-Based Pilot Demonstration Project to Improve Outcomes for At-Risk Youth,

            And reports the same back, with amendment, with the recommendation that they each do pass, as amended.

            Delegate Manchin, Chair of the Committee on the Judiciary, submitted the following report, which was received:

            Your Committee on the Judiciary has had under consideration:

            Com. Sub. for S. B. 425, Relating to licensure, supervision and regulation of physician assistants,

            And reports the same back with the recommendation that it do pass.

            Delegate Manchin, Chair of the Committee on the Judiciary, submitted the following report, which was received:

            Your Committee on the Judiciary has had under consideration:

            Com. Sub. for S. J. R. 12, Proposing constitutional amendment designated Protecting and Conserving West Virginia’s Water Resources for the Use and Benefit of its Citizens Amendment,

            And reports the same back with the recommendation that it be adopted.

            Delegate Manchin, Chair of the Committee on the Judiciary, submitted the following report, which was received:

            Your Committee on the Judiciary has had under consideration:

            Com. Sub. for S. B. 6, Regulating sale of drug products used in manufacture of methamphetamine,

            And,

            Com. Sub. for S. B. 584, Relating to expiration and renewal of Board of Registration for Professional Engineers’ certificates,

            And reports the same back, with amendment, with the recommendation that they each do pass, as amended.

            Chairman Wells, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:

            Your Joint Committee on Enrolled Bills has examined, found truly enrolled and, on the 5th day of March, 2014, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:

            (H. B. 4359), Relating to licensure of managing general agents of insurers,

            And,

            (H. B. 4372), Permitting the Commissioner of Financial Institutions to require the filing of certain reports, data or information directly with the Division of Financial Institutions.

            Delegate Boggs, Chair of the Committee on Finance, submitted the following report, which was received:

            Your Committee on Finance has had under consideration:

            S. B. 631, Extending time for Fayetteville City Council to meet as levying body,

            And reports the same back with the recommendation that it do pass.

            Delegate Boggs, Chair of the Committee on Finance, submitted the following report, which was received:

            Your Committee on Finance has had under consideration:

            Com. Sub. for S. B. 458, Dedicating certain circuit court fees to fund low-income persons’ civil legal services,

            And,

            Com. Sub. for S. B. 619, Exempting certain critical access hospitals from certificate of need requirement,

            And reports the same back, with amendment, with the recommendation that they each do pass, as amended.

            Delegate Manchin, Chair of the Committee on the Judiciary, submitted the following report, which was received:

            Your Committee on the Judiciary has had under consideration:

            Com. Sub. for S. B. 204, Relating to crime victims compensation awards,

            And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.

            In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 204) was referred to the Committee on Finance.

            Delegate Manchin, Chair of the Committee on the Judiciary, submitted the following report, which was received:

            Your Committee on the Judiciary has had under consideration:

            Com. Sub. for S. J. R. 14, Proposing constitutional amendment designated Future Fund Amendment,

            And reports the same back, with amendment, with the recommendation that it be adopted, as amended, but that it first be referred to the Committee on Finance.

            In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. J. R. 14) was referred to the Committee on Finance.

Messages from the Executive

            The Speaker laid before the House of Delegates communications from His Excellency, the Governor, as follows:

State of West Virginia

OFFICE OF THE GOVERNOR

Charleston, WV 25305

March 4, 2014

EXECUTIVE MESSAGE NO. 2

2014 REGULAR SESSION

The Honorable Timothy R. Miley

Speaker, West Virginia House of Delegates

State Capitol

Charleston, West Virginia 25305

Dear Mr. Speaker:

            Pursuant to the provisions of section twenty, article one, chapter five of the Code of West Virginia, I hereby certify that the following 2013-2014 annual reports have been received in the Office of the Governor:

            Accountancy, West Virginia Board of (FY 2012-2013)

            Aeronautics Commission, West Virginia Department of Transportation

Affordable Housing Trust Fund, West VirginiaAgricultural Land Protection Authority, West Virginia

            Alcohol Beverage Control Administration, West Virginia Department of Revenue

            Alternative and Renewable Energy Resource Planning Assessment, by the West Virginia                         Division of Energy; the West Virginia Division of Environmental Protection; and                         the West Virginia Public Service Commission

            Architects, West Virginia Board of (FY 2012-2013)

            Attorney General, Office of the, State of West Virginia

            Attorney General, Office of the, State of West Virginia, Report on the Activities of the

            Consumer Protection and Antitrust Division

            Barbers and Cosmetologists, West Virginia Board of

            Children’s Health Insurance Program, West Virginia Department of Administration

            Chiropractic, West Virginia Board of (FY 2012-2013)

            Coal Mine Health and Safety, West Virginia Board of, and Mine Safety Technical

                        Review Committee

            Commercial Motor Vehicle Weight and Safety Enforcement Advisory Committee

            Consumer Advocate, Offices of the Insurance Commissioner, West Virginia Department

                        of Revenue

            Consumer Advocate Division, West Virginia Public Service Commission

            Corrections, Division of, West Virginia Department of Military Affairs and Public Safety

            Counseling, West Virginia Board of (2011-2013)

            Court System, West Virginia (2012)

            Crime, Delinquency and Correction, Law Enforcement Professional Standards                              Subcommittee, Division of Justice and Community Services, West Virginia

            Department of Military Affairs and Public Safety (FY 2012-2013)

            Death, Disability and Retirement Fund (Plan A) and State Police Retirement System

                        (Plan B), Consolidated Public Retirement Board, West Virginia Department

                        of Administration

            Dental Examiners, West Virginia Board of (FY 2012-2013)

            Energy, Division of, West Virginia Department of Commerce

            Equal Employment Opportunity, West Virginia Office of

            Financial Institutions, Division of, West Virginia Department of Revenue (111th Annual

                        Report Fiscal Year ending June 30, 2012, and 112th Annual Report Fiscal Year

                        Ending June 30, 2013)

            Fire Marshal, State Fire Commission, West Virginia Department of Military Affairs

                        and Public Safety

            Forestry, Division of, West Virginia Department of Commerce

            Funeral Service Examiners, West Virginia Board of (FY 2012-2013)

            Grievance Board, West Virginia Public Employees, West Virginia Department of

                        Administration

            Groundwater Programs and Activities, Division of Water and Waste Management,

            Groundwater Program, West Virginia Department of Environmental Protection

                        (Biennial Report, July 1, 2011 to June 30, 2013) 

            Human Rights Commission, West Virginia

Infant and Maternal Mortality, Office of Maternal, Child and Family Health, West Virginia Department of Health and Human Resources (2011)

            Infrastructure and Jobs Development Council (West Virginia)

            Insurance Commissioner, Offices of the, West Virginia Department of Revenue

                        (Calendar Year 2012)

            Investment Management Board, West Virginia (2011)

Justice and Community Services, Division of; Justice Reinvestment Initiative; Annual Report on Implementation of Treatment Supervision (reporting from July 1, 2013); West Virginia Department of Military Affairs and Public Safety

            Juvenile Justice and Delinquency Prevention, Division of Justice and Community

                        Services (Report of State Advisory Group, a subcommittee), West Virginia                         Department of Military Affairs and Public Safety

Medical Imaging and Radiation Therapy Technology, West Virginia Board of Examiners of Medicine, West Virginia Board of

            Miners’ Health, Safety and Training, Office of, West Virginia Department of Commerce

            Minority Affairs, Herbert Henderson Office of, Office of the Governor

            Municipal Bond Commission, West Virginia (FY 2012-2013)

            Natural Resources, Division of, West Virginia Department of Commerce (FY 2012-2013)

            Neighborhood Investment Program, Development Office, West Virginia Department of

                        Commerce

            Newborn Hearing Screening, Office of Maternal, Child and Family Health, West Virginia                         Department of Health and Human Resources (2012)

            Nursing Home Administrators Licensing Board, West Virginia (FY 2012-2013)

            Nursing Homes and Assisted Living Facilities in West Virginia, Office of Inspector

                        General, Health Facility Licensure and Certification, West Virginia Department

                        of Health and Human Resources (October 1, 2012 through September 30, 2013)

            Occupational Therapy, West Virginia Board of (Biennium 2012 and 2013)

            Oral Health Improvement Act, West Virginia Oral Health Program, Office of Maternal,

                        Child and Family Health, West Virginia Department of Health and Human                                     Resources

            Personnel, Division of, West Virginia Department of Administration

            Physical Therapy, West Virginia Board of (Biennium 2012 and 2013)

            Privacy Office, State, West Virginia Health Care Authority

            Professional Engineers, West Virginia State Board on Registration for

            Public Defender Services, West Virginia Department of Administration (Fiscal Year

                        2012-2013)

            Racing Commission, West Virginia Department of Revenue

            Real Estate Appraiser Licensing and Certification Board, West Virginia (FY 2012-2013)

            Real Estate Commission, West Virginia (FY 2012-2013)

            Registered Professional Nurses, West Virginia Board of Examiners for (Biennium

                        Report July 1, 2011-June 30, 2013)

            Residential Facilities and Child Placing Agencies, West Virginia Department of Health

                        and Human Resources (FY 2012-2013)

            Residential Placement of Children; Findings, Recommendations, and Actions of the West                         Virginia Commission to Study Residential Placement of Children; Bureau for

                        Children and Families, West Virginia Department of Health and Human                             Resources

            Risk and Insurance Management, Board of, West Virginia Department of Administration

                        (FY 2012-2013)

            Senior Services, West Virginia Bureau of

            Speech-Language Pathology and Audiology, West Virginia Board of Examiners for

                        (FY 2012-2013)

            State Police, West Virginia, West Virginia Department of Military Affairs and

                        Public Safety (FY 2012-2013)

            State Rehabilitation Council, West Virginia

            Sudden Unexplained Infant Death (SUID), Division of Research, Evaluation and

                        Planning, Office of Maternal, Child and Family Health, West Virginia Department                         of Health and Human Resources (2010)

            Tax Commissioner of West Virginia, West Virginia Department of Revenue

                        (Fiftieth Biennial Report)

            Tax Increment Financing, Development Office, West Virginia Department of Commerce

            Veterans Assistance, West Virginia Department of (FY 2011-2012)

            Veterinary Medicine, West Virginia Board of (FY 2012-2013)

            Volunteer West Virginia (State’s Commission for National and Community Service)

            Water Development Authority, West Virginia

            West Virginia University Board of Governors, Unrestricted Investment Fund for

                        October 1, 2012 to September 30, 2013

            Women’s Right to Know Act, Division of Perinatal and Women’s Health, Office of                         Maternal, Child and Family Health, West Virginia Department of Health and                         Human Resources (2012)

            Work Force Program, The Governor’s Guaranteed, Development Office, West Virginia

                        Department of Commerce

                                                                                    Very truly yours,

                                                                                    Earl Ray Tomblin,

                                                                                         Governor.

State of West Virginia

OFFICE OF THE GOVERNOR

Charleston, WV 25305

March 4, 2014

EXECUTIVE MESSAGE NO. 3 

2014 REGULAR SESSION

The Honorable Timothy R. Miley

Speaker, West Virginia House of Delegates

State Capitol

Charleston, West Virginia 25305

Dear Mr. Speaker:

            In accordance with the provisions of section 11, article 7 of the Constitution of the State of West Virginia, and section 16, article 1, chapter 5 of the Code of West Virginia, I hereby report that I granted no pardons or reprieves, nor commuted punishment to any person, nor remitted any fines or penalties, during the period of April 10, 2013 through March 4, 2014.

                                                                                    Very truly yours,

Earl Ray Tomblin,

Governor.

Messages from the Senate

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:

            Com. Sub. for H. B. 4402, Providing a procedure for the conditional discharge for first offense underage purchase, consumption, sale, service or possession of alcoholic liquor.

            On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:

ARTICLE 6. MISCELLANEOUS PROVISIONS.

§60-6-26. Conditional discharge for first offense of certain offenses related to nonintoxicating beer or alcoholic liquor.

            (a) When a person pleads guilty to or is found guilty of a violation of subdivision (1), subsection (a), section nineteen, article sixteen, chapter eleven of this code; subsection (b), section nineteen, article sixteen, chapter eleven of this code; subsection (a), section twenty-two-a, article three of this chapter; subdivision (1), subsection (a), section twenty-four, article three-a of this chapter; subsection (b), section twenty-four, article three-a of this chapter; subsection (a) or (b), section twelve-a, article seven of this chapter; or subsection (a) or (b), section twenty-a, article eight of this chapter, the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him or her on probation upon terms and conditions it considers appropriate, if the person has not previously been convicted of:

            (1) Any of the offenses contained in the code provisions referenced in this subsection; or

            (2) Any statute of the United States or of any state relating to underage purchase, consumption, sale, service or possession of nonintoxicating beer or alcoholic liquor.

            (b) If the person violates a term or condition of the probation, the court may enter an adjudication of guilt and proceed as otherwise provided by law.

            (c) Upon fulfillment of the terms and conditions of the probation, the court shall discharge the person and dismiss the proceedings against him or her.

            (1) Discharge and dismissal under this section is without adjudication of guilt and is not a conviction for purposes of this section or the section of the original charge, or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime.

            (2) The effect of the discharge and dismissal is to restore the person in contemplation of law to the status he or she occupied prior to arrest and trial.

            (3) A person to whom a discharge and dismissal have been effected under this section may not be found guilty of perjury, false swearing or otherwise giving a false statement by reason of his or her failure to disclose or acknowledge his or her arrest or trial relating to a charge discharged and dismissed by this section in response to any inquiry made of him or her for any purpose.

            (d) There may be only one discharge and dismissal under this section with respect to any one person.

            (e) After a period of not less than six months after the expiration of a term of probation imposed upon a person under the provisions of this section, the person may apply to the court for an order to expunge from all official records all recordations of his or her arrest, trial and discharge pursuant to this section. If the court determines after a hearing that the person during the period of his or her probation and during the period prior to his or her application to the court under this subsection has not been guilty of any serious or repeated violation of the conditions of his or her probation, it shall order the expungement.

            (f) Notwithstanding any provision of this code to the contrary, any person prosecuted for an alleged violation of an offense listed in subsection (a) of this section, whose case is disposed of pursuant to the provisions of this section, is liable for all court costs assessable against a person convicted of a violation of the section under which the person was prosecuted. Payment of the costs may be made a condition of probation. The costs assessed pursuant to this section, whether as a term of probation or not, shall be distributed as other court costs in accordance with section two, article three, chapter fifty of this code; section four, article two-a, chapter fourteen of this code; section four, article twenty-nine, chapter thirty of this code; and sections two, seven and ten, article five, chapter sixty-two of this code.”

            And by amending the title of the bill to read as follows:

            Com. Sub. for H. B. 4402 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60-6-26, relating to the conditional discharge for first offense underage purchase, consumption, sale, service, possession of nonintoxicating beer or alcoholic liquor or obtaining nonintoxicating beer or alcoholic liquor by misrepresentation of age; allowing for probation in lieu of conviction under certain circumstances; permitting the court to enter an adjudication upon violation of probation; providing for discharge and dismissal if terms of probation are met; stating the effect of the discharge and dismissal; prohibiting prosecution or penalty for failure of the person to disclose or acknowledge an arrest or trial that was discharged and dismissed pursuant to this section; precluding a person from using the benefits of this section more than once; permitting expungement of records under certain circumstances; requiring payment of regular court costs by persons whose case is disposed of pursuant to this section; and ensuring court costs assessed are distributed according to code.”

            On motion of Delegate White, the House of Delegates concurred in the Senate amendments.

            The bill, as amended by the Senate, was then put upon its passage.

            On the passage of the bill, the yeas and nays were taken (Roll No. 256), and there were--yeas 80, nays 15, absent and not voting 5, with the nays and absent and not voting being as follows:

            Nays: Armstead, Arvon, Ashley, Border, Cooper, Faircloth, Frich, Howell, O'Neal, Overington, Shott, Sobonya, Sumner, Walters and Westfall.

            Absent and Not Voting: Longstreth, J. Nelson, Paxton, Raines and P. Smith.

             So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4402) passed.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

            A message from the Senate, by

            The Clerk of the Senate, announced concurrence in the House of Delegates amendment, with amendment, and the passage, as amended, of

            Com. Sub. for S. B. 58, Relating to basis for voidable marriages and annulments.

            On motion of Delegate White, the bill was taken up for immediate consideration.

            The following Senate amendment to the House of Delegates amendment was reported by the Clerk:

            On page three, section one hundred three, lines twenty and twenty-one, by striking out the words “for one year or more” and inserting in lieu thereof the words “in excess of one year”.

            And,

            On page five, section one hundred three, line twenty-six, by striking out the words “for one year or more” and inserting in lieu thereof the words “in excess of one year”.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 257), and there were--yeas 94, nays 1, absent and not voting 5, with the nays and absent and not voting being as follows:

            Nays: Sobonya.

            Absent and Not Voting: Longstreth, J. Nelson, Paxton, Raines and P. Smith.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 58) passed.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

Resolutions Introduced

            Delegates R. Phillips, Caputo, White, Tomblin, Swartzmiller, Eldridge, Marcum, Boggs, Barker offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 123 - “Requesting the Division of Highways to name the portion a West Virginia Route 17 from the city limits of Madison, Boone County, to the peak of Blair Mountain in Logan County, the ‘U.M.W.A. Memorial Road’.”

            Whereas, Blair Mountain stands at the center of United Mine Workers’ and American labor history; and

            Whereas, After facing fights against organizing for many years, the United Mine Workers continued, in 1921, to fight for miners’ basic civil liberties in the coalfields; and

            Whereas, During the Battle of Blair Mountain, ten thousand miners fought the forces of Sheriff Don Chafin and the Baldwin-Felts Detective Agency, who had machine gun emplacements on top of the ridge; and

            Whereas, Miners risked and, in some cases, lost their lives in order to better provide for themselves and future miners; and

            Whereas, It is fitting to honor the miners who fought on Blair Mountain by naming West Virginia Route 17 after the United Mine Workers; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Legislature hereby requests the Division of Highways to name the portion a West Virginia Route 17 from the city limits of Madison, Boone County, to the peak of Blair Mountain in Logan County the “U.M.W.A. Memorial Road”; and, be it

            Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the road as the “U.M.W.A. Memorial Road”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation; and the United Mine Workers of America’s District 17 office.

Reordering of the Calendar

            Delegate White announced that the Committee on Rules had transferred Com. Sub. for S. B. 12, on third reading, Daily Calendar, to third reading, House Calendar; Com. Sub. for S. B. 603, on third reading, House Calendar, to the Daily Calendar; S. B. 365, on second reading, Daily Calendar to the House Calendar; and H. B. 4622, Daily Calendar to the House Calendar.

Daily Calendar

Third Reading

            S. B. 209, Allowing special needs students to participate in graduation ceremonies; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 258), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

            Absent and Not Voting: Longstreth, J. Nelson, Paxton, Raines and P. Smith.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 209) passed.

            An amendment to the title of the bill, recommended by the Committee on Education, was reported by the Clerk and adopted, amending the title to read as follows:

            S. B. 209 - “A Bill to amend and reenact §18-20-1 the Code of West Virginia, 1931, as amended, relating to special programs and services for exceptional children; requiring county boards to allow student with disabilities whose individualized education plan provides for a modified diploma to participate in graduation ceremony with same grade classmates; permitting continued special education services; and prohibiting county boards from denying continuing special education services to the student due to participation in graduation ceremony.”

            Delegate White moved that the bill take effect from its passage.

            On this question, the yeas and nays were taken (Roll No. 259), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

            Absent and Not Voting: Longstreth, J. Nelson, Paxton, Raines and P. Smith.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 209) takes effect from its passage.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

            Com. Sub. for S. B. 322, Providing state compensate officials, officers and employees every two weeks with certain exceptions; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 260), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

            Absent and Not Voting: Longstreth, J. Nelson, Paxton, Raines and P. Smith.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 322) passed.

            Delegate White moved that the bill take effect July 1, 2014.

            On this question, the yeas and nays were taken (Roll No. 261), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

            Absent and Not Voting: Longstreth, J. Nelson, Paxton, Raines and P. Smith.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 322) takes effect July 1, 2014.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

            Com. Sub. for S. B. 373, Relating to water resources protection; on third reading, coming up in regular order, with amendments pending and further right to amend, was, at the request of Delegate White and by unanimous consent, placed at the foot of bills on first reading.

            Com. Sub. for S. B. 408, Relating to parole; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 262), and there were--yeas 87, nays 8, absent and not voting 5, with the nays and absent and not voting being as follows:

            Nays: Andes, Armstead, Border, Butler, Cadle, Frich, R. Smith and Walters.

            Absent and Not Voting: Longstreth, J. Nelson, Paxton, Raines and P. Smith.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 408) passed.

            Delegate White moved that the bill take effect from its passage.

            On this question, the yeas and nays were taken (Roll No. 263), and there were--yeas 87, nays 8, absent and not voting 5, with the nays and absent and not voting being as follows:

            Nays: Andes, Armstead, Border, Butler, Cadle, Frich, R. Smith and Walters.

            Absent and Not Voting: Longstreth, J. Nelson, Paxton, Raines and P. Smith.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 408) takes effect from its passage.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

            S. B. 457, Requiring programs for temporarily detained inmates in regional jails; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 264), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

            Absent and Not Voting: Longstreth, J. Nelson, Paxton, Raines and P. Smith.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 457) passed.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

            S. B. 483, Renaming administrative heads of Potomac campus of WVU and WVU Institute of Technology; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 265), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

            Absent and Not Voting: Longstreth, J. Nelson, Paxton, Raines and P. Smith.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 483) passed.

 

            On motion of Delegates Howell and M. Poling, the title of the bill was amended to read as follows:

            S. B. 483 - “A Bill to amend and reenact §18B-1B-6 of the Code of West Virginia, 1931, as amended, relating to renaming the administrative heads of Potomac State College of West Virginia University and West Virginia University Institute of Technology; and updating obsolete provisions.”

            Delegate White moved that the bill take effect from its passage.

            On this question, the yeas and nays were taken (Roll No. 266), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

            Absent and Not Voting: Longstreth, J. Nelson, Paxton, Raines and P. Smith.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 483) takes effect from its passage.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

            Com. Sub. for S. B. 603, Requiring health care providers wear ID badges; on third reading, coming up in regular order with amendments pending, and restricted right to amend, was reported by the Clerk.

            On motion of Delegate Manchin, the bill was amended on page one, immediately following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:

ARTICLE 2. UNDERGROUND MINES.

§22A-2-43. Actions to detect and respond to excess methane.

            The following actions are required to detect and respond to excess methane. Subsections (a) through(f) pertain to methane testing with hand-held devices:

            (a) Hand-held testing required. -- In any mine, no electrical equipment or permissible diesel powered equipment may be brought in by the last open crosscut until a qualified person tests for methane. If one percent or more methane is present, the equipment may not be taken into the area until the methane concentration is reduced to less than one percent. Thereafter, subsequent methane examinations shall be made at least every twenty minutes while any electrical or diesel powered equipment is present and energized.

            (b) Location of tests. - Tests for methane concentrations under this section shall be made at least twelve inches from the roof, face, ribs and floor.

            (c) Working places and intake air courses. --

            (1) When one percent or more methane is present in a working place or an intake air course, including an air course in which a belt conveyor is located or in an area where mechanized mining equipment is being installed or removed:

            (A) Except intrinsically safe atmospheric monitoring systems (AMS), electrically powered equipment in the affected area shall be de-energized and other mechanized equipment shall be shut off.

            (B) Changes or adjustments shall be made at once to the ventilation system to reduce the concentration of methane to less than one percent.

            (C) No other work shall be permitted in the affected area until the methane concentration is less than one percent.

            (2) When one and five-tenths percent or more methane is present in a working place or an intake air course, including an air course in which a belt conveyor is located or in an area where mechanized mining equipment is being installed or removed:
            (A) Except for the mine foreman, assistant mine foreman, or individuals authorized by the mine foreman or assistant mine foreman, all individuals shall be withdrawn from the affected area. If a federal or state mine inspector is present in the area of the mine where one and five-tenths percent or more of methane is detected, the federal or state mine inspector and the miners’ representative, if any, may remain in the area with the mine foreman, assistant mine foreman or other individuals authorized by the mine foreman or assistant mine foreman.

            (B) Except for intrinsically safe AMS, electrically powered equipment in the affected area shall be disconnected at the power source.

            (d) Return air split.--

            (1) When one percent or more methane is present in a return air split between the last working place on a working section and where that split of air meets another split of air or the location at which the split is used to ventilate seals or worked-out areas, changes or adjustments shall be made at once to the ventilation system to reduce the concentration of methane in the return air to less than one percent.

            (2) When one and five-tenths percent or more methane is present in a return air split between the last working place on a working section and where that split of air meets another split of air or the location where the split is used to ventilate seals or worked-out areas, except for the mine foreman, assistant mine foreman or individuals authorized by the mine or assistant mine foreman, all individuals shall be withdrawn from the affected area. If a federal or state mine inspector is present in the area of the mine where one and five-tenths percent or more of methane is detected, the federal or state mine inspector and the miners’ representative, if any, may remain in the area with the mine foreman, assistant mine foreman or other individuals authorized by the mine foreman or assistant mine foreman.

            (3) Other than intrinsically safe AMS, equipment in the affected area shall be de-energized, electric power shall be disconnected at the power source and other mechanized equipment shall be shut off.

            (4) No other work shall be permitted in the affected area until the methane concentration in the return air is less than one percent.

            (e) Return air split alternative. --

            (1) The provisions of this paragraph may apply if:

            (A) The quantity of air in the split ventilating the active workings is at least twenty seven thousand cubic feet per minute in the last open crosscut or the quantity specified in the approved ventilation plan, whichever is greater.

            (B) The methane content of the air in the split is continuously monitored during mining operations by an AMS that gives a visual and audible signal on the working section when the methane in the return air reaches one and five-tenths percent and the methane content is monitored as specified in the approved ventilation plan.

            (C) Rock dust is continuously applied with a mechanical duster to the return air course during coal production at a location in the air course immediately outby the most inby monitoring point.

            (2) When one and five-tenths percent or more methane is present in a return air split between a point in the return opposite the section loading point and where that split of air meets another split of air or where the split of air is used to ventilate seals or worked-out areas:

            (A) Changes or adjustments shall be made at once to the ventilation system to reduce the concentration of methane in the return air below one and five-tenths percent.

            (B) Except for the mine foreman, assistant mine foreman or individuals authorized by the mine foreman or assistant mine foreman, all individuals shall be withdrawn from the affected area. If a federal or state mine inspector is present in the area of the mine where one and five-tenths percent or more of methane is detected, the federal or state mine inspector and the miners’ representative, if any, may remain in the area with the mine foreman, assistant mine foreman or other individuals authorized by the mine foreman or assistant mine foreman.

            (C) Except for intrinsically safe AMS, equipment in the affected area shall be de-energized, electric power shall be disconnected at the power source and other mechanized equipment shall be shut off.

            (D) No other work shall be permitted in the affected area until the methane concentration in the return air is less than one and five-tenths percent.

            (f) Bleeders and other return air courses.--

            The concentration of methane in a bleeder split of air immediately before the air in the split joins another split of air, or in a return air course other than as described in subsections (d) and (e) of this section, shall not exceed two percent.

            (g) Machine mounted methane monitors. --

            (1) Approved methane monitors shall be installed and maintained on all face cutting machines, continuous miners, longwall face equipment and other mechanized equipment used to extract coal or load coal within the working place.

            (2) The sensing device for methane monitors on longwall shearing machines shall be installed at the return air end of the longwall face. An additional sensing device also shall be installed on the longwall shearing machine, downwind and as close to the cutting head as practicable. An alternative location or locations for the sensing device required on the longwall shearing machine may be approved in the ventilation plan.

            (3) The sensing devices of methane monitors shall be installed as close to the working face as practicable.

            (4) Methane monitors shall be maintained in permissible and proper operating condition and shall be calibrated with a known air-methane mixture at least once every fifteen days and a record of the calibration shall be recorded with ink or indelible pencil by the person performing the calibration in a book prescribed by the director and maintained on the surface. Calibration records shall be retained for inspection for at least one year from the date of the test. To assure that methane monitors are properly maintained and calibrated, the operator shall use persons properly trained in the maintenance, calibration, and permissibility of methane monitors to calibrate and maintain the devices.

            (h) Automatic de-energization of electrical equipment or shut down of diesel equipment. extraction apparatus --

            When the methane concentration at any machine-mounted methane monitor reaches one percent, the monitor shall give a warning signal. The warning signal device of the methane monitor shall be visible to a person operating the equipment on which the monitor is mounted. The methane monitor shall automatically de-energize the extraction apparatus on the machine on which it is mounted, but not the machine as a whole to facilitate proper mining procedures electric equipment or shut down diesel-powered equipment on which it is mounted when:

            (1) The methane concentration at any machine-mounted methane monitor reaches one and twenty-five one hundredths five-tenths percent; for a sustained period or

            (2) The monitor is not operating properly.

            The machine machine’s extraction apparatus may not again be started in that place until the methane concentration measured by the methane monitor is less than one percent.

            (I) Compliance schedule for machine refit.--

            Within one hundred twenty days of the effective date of the amendments to this section, the Board of Coal Mine Health and Safety shall promulgate legislative rules pursuant to article three, chapter twenty-nine-a of this code establishing calibration procedures, defining the term “sustained period” for purposes of implementing this section, and establishing a compliance schedule setting forth the time frame in which all new and existing face cutting machines, continuous miners, longwall face equipment and other mechanized equipment used to extract coal or load coal within the working place shall be refitted with methane monitors. Enforcement of subsections (g) and (h) of this section shall not commence until after the time frame is established by rule.

            The bill was then read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 267), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

            Absent and Not Voting: Longstreth, J. Nelson, Paxton, Raines and P. Smith.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 603) passed.

            On motion of Delegate Manchin, the title of the bill was amended to read as follows:

            Com. Sub. for S. B. 603 - “A Bill to amend and reenact §22A-2-43 of the Code of West Virginia, 1931, as amended, relating to testing for the presence of methane in underground mines; requiring automatic de-energization or shut down of equipment when a machine-mounted methane monitor indicates a methane concentration of one and five-tenths percent; and removing the requirement that the Board of Coal Mine Health and Safety promulgate a legislative rule defining the term ‘sustained period’.”

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

Second ReadingCom. Sub. for S. B. 307, Authorizing community corrections programs to operate pretrial release program; on second reading, coming up in regular order, was, on motion of Delegate White, laid over.

            S. B. 375, Excluding certain personal property from TIF assessment; on second reading, coming up in regular order, was read a second time.

            An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page two, section three, on following line twelve, by striking all of subdivision (2) and inserting in lieu thereof the following:

            “(2) ‘Base assessed value’ means the taxable assessed value of all real and tangible personal property, excluding personal motor vehicles, having a tax situs within a development or redevelopment district as shown upon the landbooks and personal property books of the assessor on July 1 of the calendar year preceding the effective date of the order or ordinance creating and establishing the development or redevelopment district: Provided, That for any development or redevelopment district approved after the effective date of the amendments to this section enacted during the regular session of the Legislature in 2014, personal trailers, personal boats, personal campers, personal motor homes, personal ATVs and personal motorcycles having a tax situs within a development or redevelopment district are excluded from the base assessed value.”

            And,

            On page five, section three, following line seventy-two, by striking out all of subdivision six and inserting in lieu thereof the following:

            “(6) ‘Current assessed value’ means the annual taxable assessed value of all real and tangible personal property, excluding personal motor vehicles, having a tax situs within a development or redevelopment district as shown upon the landbook and personal property records of the assessor: Provided, That for any development or redevelopment district approved after the effective date of the amendments to this section enacted during the regular session of the Legislature in 2014, personal trailers, personal boats, personal campers, personal motor homes, personal ATVs and personal motorcycles having a tax situs within a development or redevelopment district are excluded from the current assessed value.”

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 376, Requiring certain construction workers complete OSHA safety program; on second reading, coming up in regular order, was read a second time.

            An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk on page two, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following language:

ARTICLE 3. SAFETY AND WELFARE OF EMPLOYEES.

§21-3-22. OSHA construction safety program.

            (a) For the purposes of this section:

            (1) ‘Business entity’ means any firm, partnership, association, company, corporation, limited partnership, limited liability company or other entity.

            (2) ‘Commissioner’ means the Commissioner of Labor or his or her designee.

            (3) ‘Public authority’ has the same meaning as in section two, article one-d of this chapter.

            (4) ‘Public improvement’ has the same meaning as in section two, article one-d of this chapter.

            (b) No person or business entity providing services as a contractor or subcontractor under a contract, entered on or after July 1, 2014, for the construction, reconstruction, alteration, remodeling or repairs of any public improvement, by or on behalf of a public authority, where the total contract cost of all work to be performed by all contractors and subcontractors is in excess of $50,000, may use, employ or assign any person to a public improvement work site who has not successfully completed a ten-hour construction safety program designed by OSHA, no later than twenty-one calendar days after being employed at or assigned to the public improvement work site.

            (c) The training requirement contained in subsection (b) does not apply to a person used, employed or assigned to a public improvement work site for less than twenty-one consecutive calendar days following the person’s first day of employment or assignment at the public improvement work site.

            (d) During the three hundred and sixty-five days following the effective date of this section, a person employed or assigned to a public improvement work site shall have ninety days to complete the training requirement of subsection (b).

            (e) A contractor or subcontractor subject to this section shall make and maintain a record of the persons he or she uses, employs or assigns pursuant to the contract, including the date of the completion of the safety training program required by subsection (b) and the identity of the provider of the training. The records required by this subsection shall be preserved pursuant to section five, article five-c of this chapter and be maintained at the employer’s business office.

            (f) Upon a finding by the Commissioner, that a person has been used, employed at or assigned to a public improvement work site in violation of subsection (b), the Commissioner may issue a cease and desist order to the person who has not completed the requisite training until the person presents the Commissioner with evidence that he or she has successfully completed the training program required by subsection (b).

            (g) The Commissioner may assess a civil penalty of not less than $100 nor more than $1,000 to any person or business entity for each violation of this section.

            (h) Any person with knowledge that a document or other record falsely represents that a person has completed the training program required by subsection (b) and who provides or exhibits the document or record to the Commissioner or to an employer, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $250 nor more than $2,500.

            (I) The following persons are exempt from the training requirements of subsection (b):

            (1) Law-enforcement officers involved with traffic control or job-site security;

            (2) Federal, state and municipal government employees and inspectors; and

            (3) Suppliers of materials and persons whose sole responsibility is to deliver materials to the work site.

            (h) The Commissioner shall report to the Joint Committee on Government and Finance by January 1, 2017, on accident and injury rates at public improvement work sites during the two years prior and following enactment of this section.

            Delegate R. Smith moved to amend the amendment in section twenty-two on page two, line three, following the word “site”, by inserting a semi-colon and the following “provided, that any specialized safety training which meets or exceeds the standards of the ten-hour construction safety program designed by OSHA shall be deemed to satisfy the requirements of this subsection”.

            On the adoption of the amendment to the amendment, Delegate R. Smith demanded the yeas and nays, which demand was sustained.

            The yeas and nays having been ordered, they were taken (Roll No. 268), and there were--yeas 38, nays 56, absent and not voting 6, with the yeas and absent and not voting being as follows:

            Yeas: Anderson, Andes, Armstead, Ashley, Azinger, Barker, Border, Butler, Cadle, Cooper, Cowles, Ellington, Espinosa, A. Evans, D. Evans, Faircloth, Ferns, Folk, Frich, Gearheart, Hamrick, Householder, Howell, Ireland, Kump, Lane, McCuskey, E. Nelson, O'Neal, Overington, R. Phillips, Romine, Rowan, Shott, Skaff, R. Smith, Tomblin and Walters.

            Absent and Not Voting: Longstreth, Marcum, J. Nelson, Paxton, Raines and P. Smith.

             So, a majority of the members present and voting not having voted in the affirmative, the amendment to the amendment was not adopted.

            The amendment recommended by the Committee on the Judiciary, was then adopted.

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 387, Clarifying duly authorized officers have legal custody of their prisoners while in WV; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            S. B. 394, Redesignating Health Sciences Scholarship Program as Health Sciences Service Program; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            Com. Sub. for S. B. 397, Expanding scope of activities considered financial exploitation of elderly; on second reading, coming up in regular order, was read a second time.

            An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page one, following the enacting section by striking out the remainder of the bill and inserting in lieu thereof the following language:

ARTICLE 2. CRIMES AGAINST THE PERSON.

§61-2-29b. Financial exploitation of an elderly person, protected person or incapacitated adult; penalties; definitions.

            (a) Financial exploitation occurs when a person intentionally misappropriates or misuses the funds, or assets of an elderly person, protected person or incapacitated adult, Any person who violates this section is guilty of larceny and shall be ordered to pay restitution. Any person who financially exploits an elderly person, protected person or an incapacitated adult shall be guilty of larceny and subject to the penalties contained in section thirteen, article three of this chapter. Any person convicted of a violation of this section shall, in addition to any other penalties at law, be subject to an order of restitution.

            (b) In determining the value of the money, goods, property or services referred to in subsection (a) of the section, it shall be permissible to cumulate amounts or values where such money, goods, property or services were fraudulently obtained as part of a common scheme or plan.

            (c) Financial institutions and their employees, as defined by section one, article two-a, chapter thirty-one-a of this code and as permitted by section four, subsection thirteen of that article, others engaged in financially related activities, as defined by section one, article eight-c, chapter thirty-one-a of this code, caregivers, relatives and other concerned persons are permitted to report suspected cases of financial exploitation to state or federal law-enforcement authorities, the county prosecuting attorney and to the Department of Health and Human Resources, Adult Protective Services Division or Medicaid Fraud Division, as appropriate. Public officers and employees are required to report suspected cases of financial exploitation to the appropriate entities as stated above. The requisite agencies shall investigate or cause the investigation of the allegations.

            (d) When financial exploitation is suspected and to the extent permitted by federal law, financial institutions and their employees or other business entities required by federal law or regulation to file suspicious activity reports and currency transaction reports shall also be permitted to disclose suspicious activity reports or currency transaction reports to the prosecuting attorney of any county in which the transactions underlying the suspicious activity reports or currency transaction reports occurred.

            (e) Any person or entity that in good faith reports a suspected case of financial exploitation pursuant to this section is immune from civil liability founded upon making that report.

            (f) For the purposes of this section:

            (1) ‘Incapacitated adult’ means a person as defined by section twenty-nine of this article;

            (2) ‘Elderly person’ means a person who is sixty-five years or older; and

            (3) ‘Financial exploitation’ or ‘financially exploit’ means the intentional misappropriation or misuse of funds or assets of an elderly person, protected person or incapacitated adult, but shall not apply to a transaction or disposition of funds or assets where the accused made a good faith effort to assist the elderly person, protected person or incapacitated adult with the management of his or her money or other things of value; and

            (3) (4) ‘Protected person’ means any person who is defined as a ‘protected person’ in subsection thirteen, section four, article one, chapter forty-four-a of this code and who is subject to the protections of chapter forty-four-a or forty-four-c of this code.

            (g) Notwithstanding any provision of this code to the contrary, acting as guardian, conservator, trustee or attorney for or holding power of attorney for an elderly person, protected person or incapacitated adult shall not, standing alone, constitute a defense to a violation of subsection (a) of this section.

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 427, Relating to motor vehicle insurance; on second reading, coming up in regular order, was read a second time.

            An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page six, section seven, lines nine and ten, by striking out the words “shall revoke the owner’s vehicle registration”.

            The bill was then ordered to third reading.

            S. B. 456, Extending expiration date for health care provider tax on eligible acute care hospitals; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 523, Providing for additional state veterans skilled nursing facility in Beckley; on second reading, coming up in regular order, was, on motion of Delegate White, laid over.

            S. B. 558, Finding and declaring certain claims against state; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            Com. Sub. for S. B. 579, Creating Land Reuse Agency Authorization Act; on second reading, coming up in regular order, was read a second time.

            An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk on page nineteen, section nine, subsection (c), after the period following the word “proper”, by inserting the following “Provided, That a land reuse agency may not acquire any interest in oil, gas or minerals which have been severed from the realty.”

            And,

            On page twenty two, section nine, subsection (g), after the period following the word “sale”, by inserting the following “Provided, That a land reuse agency may not bid more than the amount of the taxes, interest and charges due on any delinquent property if the land reuse agency is present and bidding at the tax sale.”

            On motion of Delegates Fleischauer, Sobonya, Miller, Morgan, Craig, Stephens and Reynolds the amendment was amended on page twenty-two, section nine, subsection (g), after the period following the word “sale”, by striking out “Provided, That a land reuse agency may not bid more than the amount of the taxes, interest and charges due on any delinquent property if the land reuse agency is present and bidding at the tax sale.”

            The Judiciary amendment, as amended, was then adopted.

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 600, Relating to municipal ordinance compliance regarding dwellings unfit for habitation and vacant buildings and properties; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            Com. Sub. for S. B. 602, Requiring health care providers wear ID badges; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            H. B. 4621, Expiring funds to the Board of Risk and Insurance Management, Patient Injury Compensation Fund from the Board of Risk and Insurance Management Medical Liability Fund; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

First ReadingThe following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:

            S. B. 3, Creating Uniform Real Property Transfer on Death Act,

            Com. Sub. for S. B. 133, Authorizing DEP promulgate legislative rules,

            Com. Sub. for S. B. 155, Authorizing DHHR promulgate legislative rules,

            Com. Sub. for S. B. 165, Authorizing Department of Transportation promulgate legislative rules,

            Com. Sub. for S. B. 167, Authorizing Department of Revenue promulgate legislative rules,

            Com. Sub. for S. B. 181, Authorizing Department of Administration promulgate legislative rules,

            Com. Sub. for S. B. 196, Authorizing Division of Rehabilitation Services promulgate legislative rule relating to Ron Yost Personal Assistance Services Act Board,

            S. B. 202, Creating Benefit Corporation Act,

            Com. Sub. for S. B. 252, Allowing certain expelled students to return to school through Juvenile Drug Court,

            Com. Sub. for S. B. 267, Ensuring state courts’ jurisdiction of fraudulent or unauthorized purchasing card use,

            Com. Sub. for S. B. 278, Redefining “scrap metal”,

            S. B. 325, Providing State Fire Marshal serve at will and pleasure of Fire Commission,

            Com. Sub. for S. B. 356, Relating to purchasing reforms,

            Com. Sub. for S. B. 357, Relating to Logging Sediment Control Act civil and criminal penalties,

            Com. Sub. for S. B. 383, Permitting certain residential real estate owners limited exemptions from licensing requirements,

            Com. Sub. for S. B. 393, Amending funding levels and date Governor may borrow from Revenue Shortfall Reserve Fund,

            S. B. 403, Regulating importation and possession of certain injurious aquatic species,

            Com. Sub. for S. B. 414, Redirecting nonprobate appraisement filings,

            Com. Sub. for S. B. 419, Creating Overdose Prevention Act,

            Com. Sub. for S. B. 431, Relating to issuance and renewal of certain driver's licenses and federal ID cards,

            Com. Sub. for S. B. 434, Eliminating revocation period for certain DUI offenders,

            Com. Sub. for S. B. 450, Relating to sale and consumption of alcoholic liquors in certain outdoor dining areas,

            S. B. 454, Defining dam “owner”,

            Com. Sub. for S. B. 477, Providing teachers determine use of time during planning period,

            Com. Sub. for S. B. 507, Relating to Board of Barbers and Cosmetologists,

            Com. Sub. for S. B. 574, Clarifying mobile home permanently attached to real estate is not personal property under certain conditions,

            S. B. 593, Authorizing issuance of limited lines travel insurance producer license,

            Com. Sub. for S. B. 621, Authorizing insurers offer flood insurance,

            Com. Sub. for S. B. 623, Requiring notification of certain substance abuse screening of mine personnel,

            Com. Sub. for H. B. 4015, Budget Bill, making appropriations of public money out of the treasury in accordance with section fifty-one, article six of the Constitution,

            And,

            H. B. 4622, Expiring funds to the unappropriated surplus balance in the State Fund, General Revenue, from the Attorney General, Consumer Protection Recovery Fund, and making a supplementary appropriation to various agencies.

            At 12:42 p.m., on motion of Delegate White, the House of Delegates recessed until 5:30 p.m., and reconvened at that time.

* * * * * * *

Evening Session

* * * * * * *

Messages from the Executive

            The Speaker laid before the House of Delegates a Proclamation from His Excellency, the Governor, which was read by the Clerk as follows:

State of West Virginia

EXECUTIVE DEPARTMENT

Charleston

A P R O C L A M A T I O N

By the Governor

            Whereas, The Constitution of West Virginia delineates the respective powers, duties and responsibilities of the three separate branches of government; and

            Whereas, Article VI, Section 22 of the Constitution of West Virginia provides that the current regular session of the Legislature shall not exceed sixty calendar days computed from and including the second Wednesday of January, two thousand fourteen; and

            Whereas, Pursuant to Article VI, Section 22 of the Constitution of West Virginia, the 2014 regular session of the Legislature concludes on the eighth day of March, two thousand fourteen; and

            Whereas, Article VI, Section 51 of the Constitution of West Virginia sets forth the legal authority of the Governor and the Legislature relating to the preparation and enactment of the Budget Bill; and

            Whereas, Subsection D, Article VI, Section 51 of the Constitution of West Virginia requires the Governor to issue a Proclamation to extend the regular session of the Legislature if the Budget Bill shall not have been finally acted upon by the Legislature three days before the expiration of its regular session; and

            Whereas, The Budget Bill has not been finally acted upon by the Legislature as of this fifth day of March, two thousand fourteen.

            NOW, THEREFORE, I, EARL RAY TOMBLIN, Governor of the State of West Virginia, do hereby issue this Proclamation, in accordance with Subsection D Article VI, Section 51 of the Constitution of West Virginia, to extend the two thousand fourteen regular session of the Legislature for consideration of the Budget Bill for an additional period not to exceed four days, through the twelfth day of March, two thousand fourteen; but no matters other than the Budget Bill shall be considered during this extension of the session, except providing for the cost thereof.

            IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of West Virginia to be affixed.

DONE at the Capitol in the City of Charleston, State of West Virginia, on this the fifth day of March, in the year of our Lord, Two Thousand Fourteen, and in the One Hundred Fifty-first year of the State.

Earl Ray Tomblin,

Governor.

By the Governor:

NATALIE E. TENNANT,

      Secretary of State.

 

            At the request of Delegate White, and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of receiving committee reports.

Committee Reports

            Delegate Manchin, Chair of the Committee on the Judiciary, submitted the following report, which was received:

            Your Committee on the Judiciary has had under consideration:

            Com. Sub. for S. B. 378, Relating to special speed limitations as to waste service vehicles,

            And reports the same back with the recommendation that it do pass.

            At the respective requests of Delegate White, and by unanimous consent, the bill (Com. Sub. for S. B. 378) was taken up for immediate consideration, read a first time and ordered to second reading.

            Delegate White moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.

            On this question, the yeas and nays were taken (Roll No. 269), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

            Absent and Not Voting: Longstreth, J. Nelson, Paxton and Raines.

            So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.

            The bill was then read a second time and ordered to third reading.

            Having been read a third time, the bill was put upon its passage.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 270), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

            Absent and Not Voting: Longstreth, J. Nelson, Paxton and Raines.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 378) passed.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

Messages from the Senate

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, with amendment, to take effect from passage, a bill of the House of Delegates, as follows:

            Com. Sub. for H. B. 4067, Authorizing the Department of Military Affairs and Public Safety to promulgate legislative rules.

            On motion of Delegate White, the bill was taken up for immediate consideration.

            The following Senate amendments were reported by the Clerk:

            On page ten, section three, line ten, after the word “authorized”, by striking out the period and inserting the following: with the following amendment:

            On pages one and two, section two, by striking out all of subsections 2.3 and 2.4 and inserting in lieu thereof two new subsections, designated subsections 2.3 and 2.4, to read a follows:

            2.3. The projected expenditure schedule will be divided by the previous fiscal year’s billed average daily inmate population to yield the preliminary projected cost per inmate day. The West Virginia Regional Jail and Correctional Facility Board, established under W. Va. Code §31-20-3, shall evaluate the preliminary projected cost per inmate day to determine if reductions can be implemented based on other revenues, cash reserves, and cost efficiency efforts. The Board may reduce the preliminary projected cost per inmate day based on adopting a fiscally sound annual operating budget.

            2.4. The Board’s approved cost per inmate day shall then become effective as of July 1st of the next fiscal year’s budget following the October projection.

            On motion of Delegate White, the House of Delegates concurred in the Senate amendment.

            The bill, as amended by the Senate, was then put upon its passage.

            On the passage of the bill, the yeas and nays were taken (Roll No. 271), and there were--yeas 88, nays 8, absent and not voting 4, with the nays and absent and not voting being as follows:

            Nays: Andes, Gearheart, Householder, Howell, Lane, R. Smith, Sobonya and Walters.

            Absent and Not Voting: Longstreth, J. Nelson, Paxton and Raines.

             So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4067) passed.

            Delegate White moved that the bill take effect from its passage.

            On this question, the yeas and nays were taken (Roll No. 272), and there were--yeas 90, nays 6, absent and not voting 4, with the nays and absent and not voting being as follows:

            Nays: Andes, Gearheart, Householder, Howell, R. Smith and Walters.

            Absent and Not Voting: Longstreth, J. Nelson, Paxton and Raines.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4067) takes effect from its passage.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:

            H. B. 4154, Fixing a technical error relating to the motor fuel excise tax.

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect from passage, a bill of the House of Delegates as follows:

            H. B. 4159, Updating the meaning of federal adjusted gross income and certain other terms.

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect from passage, a bill of the House of Delegates as follows:

            Com. Sub. for H. B. 4188, Updating the authority and responsibility of the Center for Nursing.

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:

            Com. Sub. for H. B. 4304, Providing rules for motor vehicles passing bicycles on roadways.            On motion of Delegate White, the bill was taken up for immediate consideration.

            The following Senate amendments were reported by the Clerk:

            On page four, section five, line twenty-four, by striking out the word “highway” and inserting in lieu thereof the word “roadway”.

            And by amending the title of the bill to read as follows:

            Com. Sub. for H. B. 4304 - “A Bill to amend and reenact §17C-7-3 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17C-11-5 and §17C-11-7 of said code, all relating to use of a bicycle on a roadway; setting standards for overtaking a bicycle on a roadway; creating a misdemeanor offense for failure to follow requirements for overtaking a bicycle on a roadway; requiring bicycles to generally ride in bicycle lanes or as close as practicable to the right edge of the roadway; providing exceptions to the requirement that bicycles ride in bicycle lanes or as close as practicable to the right edge of the roadway; removing requirement to ride a bicycle on an adjacent path; and allowing a person to operate a bicycle without a bell or other device capable of giving an audible signal.”

            On motion of Delegate White, the House of Delegates concurred in the Senate amendment.

            The bill, as amended by the Senate, was then put upon its passage.

            On the passage of the bill, the yeas and nays were taken (Roll No. 273), and there were--yeas 71, nays 25, absent and not voting 4, with the nays and absent and not voting being as follows:

            Nays: Ashley, Azinger, Cadle, Cooper, Ellington, A. Evans, Faircloth, Folk, Gearheart, Hamilton, Hamrick, Householder, Howell, Kump, Miller, Overington, Romine, Rowan, Shott, R. Smith, Sobonya, Storch, Sumner, Walker and Westfall.

            Absent and Not Voting: Longstreth, J. Nelson, Paxton and Raines.

             So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4304) passed.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:

            H. B. 4365, Relating to employer remittance and reporting of Teachers Retirement System member contributions to the retirement board.

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:

            H. B. 4457, Authorizing a legislative rule for the Council of Community and Technical College Education regarding WV EDGE program.

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:

            H. B. 4488, Eliminating the requirement for notarization of the articles of incorporation for cooperative associations.

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:

            H. B. 4618, Establishing transformative system of support for early literacy.

            On motion of Delegate White, the bill was taken up for immediate consideration.

            The following Senate amendments were reported by the Clerk:

            On page four, section ten, lines thirty-eight through forty-five, by striking out all of subdivision (4) and inserting in lieu thereof a new subdivision, designated subdivision (4), to read as follows:

            (4) To ensure that all students read proficiently by the end of third grade, a statewide comprehensive approach to early literacy is required. This approach shall focus on supports during the early learning years which include schools and engaged communities mobilized to remove barriers, expand opportunities, and assist parents in fulfilling their roles and responsibilities to serve as full partners in the success of their children.

             On page five, section ten, line sixty-nine, by striking out the word “Ensure” and inserting in lieu thereof the word “Ensuring”.

            On page five, section ten, line seventy-four, by striking out the word “Close” and inserting in lieu thereof the word “Closing”.

            On page five, section ten, line seventy-seven, by striking out the word “Assist” and inserting in lieu thereof the word “Assisting”.

            On page six, section ten, line eighty-one, by striking out the word “Maximize” and inserting in lieu thereof the word “Maximizing”.

            On page six, section ten, line eighty-four, by striking out the word “Support” and inserting in lieu thereof the word “Supporting”.

            On page six, section ten, line eighty-eight, by striking out the word “Ensure” and inserting in lieu thereof the word “Ensuring”.

            On page six, section ten, line ninety-four, by striking out the word “Create” and inserting in lieu thereof the word “Creating”.

            On page seven, section ten, line one hundred, by striking out the word “Provide” and inserting in lieu thereof the word “Providing”.

            On page seven, section ten, line one hundred six, by striking out the word “Receive” and inserting in lieu thereof the word “Receiving”.

            On page ten, section ten, line one hundred seventy-six, by striking out the words “shall be” and inserting in lieu thereof the word “are”.

            And,

            On page eleven, section ten, line one hundred eighty-eight, after the word “and”, by inserting the word “then”.

            On motion of Delegate White, the House of Delegates concurred in the Senate amendment.

            The bill, as amended by the Senate, was then put upon its passage.

            On the passage of the bill, the yeas and nays were taken (Roll No. 274), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

            Absent and Not Voting: Longstreth, J. Nelson, Paxton and Raines.

             So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4618) passed.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

 

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate, without amendment, of concurrent resolutions of the House of Delegates as follows:

            Com. Sub. for H. C. R. 79, Ord Brothers Memorial Bridge,

            And,

            Com. Sub. for H. C. R. 82, U.S. Army Staff Sergeant Kenneth Amick Memorial Bridge.

            A message from the Senate, by

            The Clerk of the Senate, announced concurrence in the amendments of the House of Delegates and the passage, as amended, of

            Com. Sub. for S. B. 90, Creating criminal offense for interfering or preventing call for assistance of emergency service personnel.

            A message from the Senate, by

            The Clerk of the Senate, announced concurrence in the amendments of the House of Delegates and the passage, as amended, of

            S. B. 314, Appropriating hotel occupancy tax proceeds to counties with no more than one hospital.

            A message from the Senate, by

            The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, to take effect from passage, of

            S. B. 328, Terminating Strategic Research and Development Tax Credit.

            A message from the Senate, by

            The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, to take effect from passage, of

            S. B. 331, Requiring certain accelerated payment of consumers sales and service and use tax and employee withholding taxes.

            A message from the Senate, by

            The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, to take effect from passage, of

            Com. Sub. for S. B. 405, Requiring presiding judge’s permission to release juror qualification forms after trial’s conclusion.

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:

            Com. Sub. for S. C. R. 50 - “Requesting the Division of Highways to name that stretch of road on State Route 20 known as the Hinton Bypass between Beech Run Road and Temple Street in Hinton, Summers County, the ‘USMC Sgt. Mecot E. Camara Memorial Highway’.”

            Whereas, Mecot Eugene Camara was born in Hinton, West Virginia, on December 28, 1960, to Billie Jean Hoskins Camara, of American ancestry, and Prudencio Camara, of Philippine ancestry. He was raised and educated in Hinton where he met his high school sweetheart, Tammy Ratliff. They eventually married on May 5, 1981. They had a son, Mecot Echo Camara, born on March 29, 1982; and

            Whereas, Sgt. Mecot E. Camara enlisted in the U. S. Marine Corps to serve the country he loved in 1981. He commenced basic training at Parris Island, South Carolina, on January 21, 1981, completing his training on April 4, 1981. This proud and passionate American then served his country for two years, sacrificing his life after going into Beirut in 1983 as a member of the International Peacekeeping Force in May, 1983. Sgt. Mecot E. Camara lost his life in October, 1983, during a terrorist suicide bombing. He received awards and service recognition including Meritorious Mast, Purple Heart, Combat Action Ribbon, Navy and Marine Corps Achievement Medal, Navy Unit Commendation, Marine Corps Expeditionary Medal and Sea Service Deployment Ribbon. However, his greatest military achievement was that of being a distinguished U. S. Marine Corps sergeant; and

            Whereas, Sgt. Mecot E. Camara was survived by two beautiful sisters and one son, Threase Camara Riggs, Elisa M. Camara and Mecot Echo Camara. The Camara family continues to share the legacy of their beloved Sgt. Camara to inspire West Virginians and Americans that they can be heroes even from small towns and serve and be proud of America, Land of the Free, while also protecting innocent lives around the world; and

            Whereas, Sgt. Mecot E. Camara made the ultimate sacrifice for his country and in doing so represented West Virginia and his country with the highest levels of honor and courage and his sacrifice should not go unnoticed, and naming that stretch of road on State Route 20 known as the Hinton Bypass between Beech Run Road and Temple Street in Hinton, Summers County, the “USMC Sgt. Mecot E. Camara Memorial Highway” is an appropriate recognition of his patriotism, love of liberty and ultimate sacrifice for state and country; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name that stretch of road on State Route 20 known as the Hinton Bypass between Beech Run Road and Temple Street in Hinton, Summers County, the “USMC Sgt. Mecot E. Camara Memorial Highway”; and, be it

            Further Resolved, That the Commissioner of the Division of Highways is hereby requested to create signs at both ends of the highway, proclaiming this roadway to be the “USMC Sgt. Mecot Camara Memorial Road Highway”; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways, the Summers County commission and to Sgt. Mecot’s sisters, Threase Camara Riggs and Elisa M. Camara, and his son, Mecot Camara.

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:

            Com. Sub. for S. C. R. 52 - “Requesting the Division of Highways to place signage along highways entering West Virginia honoring fallen veterans and Gold Star Families.”

            Whereas, More than ten thousand men and women from West Virginia have died during twentieth and twenty-first century military actions, either in combat or during the official period of conflict and prior to discharge from the military. The ultimate sacrifices made by these men and women for their country and West Virginia represent the highest levels of honor and courage and should not go unnoticed; and

            Whereas, Gold Star Families are those families who have family members who died or were killed serving in the armed forces. They are the families of fallen military heroes, whether they gave their lives in Iraq, Afghanistan, Vietnam, Korea, WWII or another conflict; and

            Whereas, Rather than attempt to acknowledge individually each of these fallen warriors and patriots by finding a bridge or stretch of road or highway to be named for the individual veterans, it would be a more worthy form of recognition, homage and honor to these heroes and heroines and the Gold Star Families if signage were erected at the highways that enter West Virginia; and

            Whereas, One sign each should be placed at the ten most visible and most traveled highways entering West Virginia; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to place signage along highways entering West Virginia honoring fallen veterans and Gold Star Families; and, be it

            Further Resolved, That the Commissioner of the Division of Highways is hereby requested to create and erect signs upon the ten most heavily traveled highways entering the State of West Virginia on which a “Welcome to West Virginia” sign is posted near a border crossing. To the extent permissible by signage rules and regulations, each sign should read “West Virginia is proud to honor its fallen Veterans and Gold Star Families” and have affixed to it a gold star symbol similar to the design of the lapel pin approved under 10 U. S. C. §1126; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways.

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:

            S. C. R. 54 - “Requesting the Division of Highways to name U. S. Route 54/6 in Wyoming County the ‘Virginia & U. S. Army Major Woodrow Cook Memorial Road’.”

            Whereas, Virginia Cook was born on August 25, 1918, in Mullens, Wyoming County, to Bob and Gertrude Wildey. She graduated from Mullens High School in 1935 as the salutatorian of her class and then became a West Virginia University Mountaineer in 1937. Virginia returned to her beloved native town, married Woodrow Cook at the Presbyterian Church in August, 1940, and served as an inspirational home economics teacher for over thirty-three years at Mullens High School. Woodrow Cook was an educated and dedicated citizen, who served five years in the United States Army during WWII, where he attained the rank of Major. He became a successful businessman and served as Mayor of Mullens for eight years and on the Wyoming County Commission for eighteen years; and

            Whereas, Virginia and Woodrow Cook continued their outstanding public service to Wyoming County and the City of Mullens following their retirements. Virginia Cook, since the death of Woodrow, has continued to remain a passionate and community-minded woman, including establishing an endowment at the Beckley Area Foundation for the beautification of Mullens for future generations. The contributions of these two community leaders and loyal West Virginians should not go unnoticed and should be remembered; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name U. S. Route 54/6 in Wyoming County the “Virginia & U. S. Army Major Woodrow Cook Memorial Road”; and, be it

            Further Resolved, That the Commissioner of the Division of Highways is hereby requested to create signs at both ends of the highway proclaiming this roadway to be the “Virginia & U. S. Army Major Woodrow Cook Memorial Road”; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways, to the Wyoming County Commission and to Mrs. Virginia Cook and her children, Barbara Cook Bean and Lucinda Cook Chagnon.

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:

            S. C. R. 55 - “Requesting the Division of Highways to name bridge number 10-77-63.83 (10A222), on I-77 near mile marker 63, 2.31 miles south of the Mahan exit in Fayette County, West Virginia, the ‘Tygrett Brothers Seven Veterans Bridge’.”

            Whereas, Charles R. Tygrett, John D. Tygrett, Harold M. Tygrett, Paul A. Tygrett, R. G. Tygrett, Tommy E. Tygrett and Reginald D. Tygrett are the seven sons of Marion A. and June O. Tygrett; and

            Whereas, The seven Tygrett brothers served in the armed forces during World War II and the Korean War; and

            Whereas, The seven brothers’ primary units and areas of service included: CPL Charles R. Tygrett, WWII, 302 AAF, Algeria, French Morocco and Tunesia; CPL John D. Tygrett, WWII, U. S. Army Medical Det.; PFC Harold M. Tygrett, WWII, U. S. Army 577th Ambulance Co., Normandy, Northern France, Ardennes; SSGT Paul A. Tygrett, WWII, 47th Armored Artillery, Northern France, Ardennes, Rhineland; PFC R. G. Tygrett, WWII, 127th Anti-Aircraft Battalion, Ardennes, Central Europe; PFC Tommy E. Tygrett, U. S. Army 21st AFA and 1st Infantry (Big Red One), Germany; and SSGT Reginald D. Tygrett, Korean War, U. S. Air Force, 19th Supply Squadron; and

            Whereas, At a Veterans Day Ceremony on November 9, 2001, American Legion Post 149 of Fayetteville, West Virginia, honored the seven brothers for their selfless service and commitment to the United States military and a grateful nation; and

            Whereas, It is only fitting and proper that CPL Charles R. Tygrett, CPL John D. Tygrett, PFC Harold M. Tygrett, SSGT Paul A. Tygrett, PFC R. G. Tygrett, PFC Tommy E. Tygrett and SSGT Reginald D. Tygrett be remembered and acknowledged for their dedicated service on behalf of their country, state and communities; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 10-77-63.83 (10A222), on I-77 near mile marker 63, 2.31 miles south of the Mahan exit in Fayette County, West Virginia, the “Tygrett Brothers Seven Veterans Bridge”; and, be it

            Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the “Tygrett Brothers Seven Veterans Bridge”; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways, to Tommy Tygrett, the sole surviving Tygrett brother, and to the families of the remaining Tygrett brothers.

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:

            Com. Sub. for S. C. R. 59 - “Requesting the Division of Highways to name bridge number 17-79-117.174, on Interstate 79, in Anmoore, Harrison County, West Virginia, heading south, the ‘U. S. Army PFC Nick A. Cavallaro Memorial Bridge’, and heading north, the ‘U. S. Army SSGT Benjamin T. Portaro Memorial Bridge’.”

            Whereas, Nick Cavallaro was born in Caulonia, Reggio Calabria, Italy, October 28, 1920, and came to the United States in August, 1922, with his brother Celestino (Charley) and mother Maria Rosa Strangio Cavallaro and settled in Anmoore, West Virginia; and

            Whereas, Benjamin Portaro was born in Caulonia, Reggio Calabria, Italy, March 8, 1921, and immigrated to Anmoore, West Virginia, with his family; and

            Whereas, When World War II broke out, Nick Cavallaro and Benjamin Portaro both enlisted in the United States Army; and

            Whereas, Nick Cavallaro participated in battles in North Africa and Sicily, Italy, and was one of the thousands of paratroopers dropped behind German lines the night before the invasion of Normandy, France; and

            Whereas, Nick Cavallaro was scheduled to come home on leave when the Battle of the Bulge broke out and his leave was canceled; and

            Whereas, Sadly, Nick Cavallaro lost his life in battle at Fosse, Belgium, on January 3, 1945, leaving behind his mother, brother, sister Louise and a host of other family and friends; and

            Whereas, Nick Cavallaro was awarded two Purple Heart Medals, the Bronze Star Medal and the Combat Infantryman Badge, as well as various medals by the French and Belgian governments; and

            Whereas, Benjamin Portaro was a staff sergeant when he was discharged, having fought in two battles in France before fighting at the Battle of the Bulge in Belgium, where he was captured by German forces and eventually escaped; and

            Whereas, Benjamin Portaro was awarded the Bronze Star Medal, Purple Heart Medal, POW Medal, Good Conduct Medal, American Campaign Medal, European-African-Middle Eastern Campaign Medal with two bronze service stars, World War II Victory Medal, Combat Infantryman Badge 1st Award, Honorable Service Lapel Button WWII and the Marksman Badge with Rifle Bar; and

            Whereas, Nick Cavallaro and Benjamin Portaro were Italian immigrants, cousins and citizens of Anmoore, West Virginia, and fought for their adopted country of the United States of America; and

            Whereas, It is fitting to recognize the service and sacrifice of cousins Nick Cavallaro and Benjamin Portaro by naming this bridge in their honor as an everlasting tribute to their memory; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 17-79-117.174, on Interstate 79, in Anmoore, Harrison County, West Virginia, heading south, the “U. S. Army PFC Nick A. Cavallaro Memorial Bridge”, and heading north, the “U. S. Army SSGT Benjamin T. Portaro Memorial Bridge”; and, be it

            Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge, heading south, as the “U. S. Army PFC Nick A. Cavallaro Memorial Bridge”, and heading north, the “U. S. Army SSGT Benjamin T. Portaro Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways.

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:

            S. C. R. 60 - “Requesting that the Division of Highways name a section of Marion County Route 1, Marion County, West Virginia, from mile post 4.54 to mile post 9.15, the ‘USAF Sergeant Jerome E. Kiger Memorial Road’.”

            Whereas, Jerome Elwood Kiger was born in Mannington, Marion County, West Virginia, on December 26, 1921, the son of Jasper Newton Kiger and Mary Peal Kiger; and

            Whereas, Jerome Elwood Kiger was educated in the public schools of Marion County, West Virginia, was a 1939 graduate of Mannington High School, Mannington, West Virginia, worked for Westinghouse Electric Company and enlisted in the United States Army Air Corps on August 17, 1942; and

            Whereas, From August 17, 1942, through August 16, 1943, Jerome Elwood Kiger trained with Squadron B, Radio School, Army Air Corps, Salt Lake City, Utah; attended flight school; was classified as an AAF MOS 611 Aerial Gunner; and was deployed to serve in the European Theater as a member of the 579th Bomber Squadron, 392nd Bomber Group, Eighth Army Air Force and, through his distinguished service, attained the rank of Sergeant; and

            Whereas, On July 21, 1944, the Eighth Air Force launched nine hundred sixty bombers on air raids on key industrial targets in southern Germany, targeting German aircraft plants and numerous targets between the cities of Suttgart and Munich; and

            Whereas, Sergeant Jerome Elwood Kiger was the tail gunner on a B-24 Liberator in the air raids, headed toward the village of Oberpfaffenhofen, near Munich, when the aircraft came under heavy enemy fire; flak severely damaged the aircraft before it reached its target and it crashed southwest of Munich; and

            Whereas, Seven crewmen bailed out of the aircraft; one was killed when his parachute failed. The six crew members who successfully landed were captured by the Germans; their fellow crew members, Sergeants Jerome Elwood Kiger and Charles R. Marshall, were presumably in the aircraft when it crashed, and were declared Missing in Action by the United States War Department; and

            Whereas, During the following year, investigations and searches were conducted for the wreckage of the B-24 Liberator Bomber, and on July 22, 1945, the United States War Department officially declared Sergeant Jerome Elwood Kiger and his fellow airman, Sergeant Charles Marshall, as Killed in Action, even though neither their crash site nor their remains had been located, and in the interim years no further discovery was made of the official location of the crash site; and

            Whereas, On November 23, 2008, Mr. Markus Mooser, a German citizen, contacted Sergeant Kiger’s family, reporting that he had found a crash site in the Starnberg district of Bavaria, Germany, which he correlated with the B-24 Liberator airplane that crashed with Sergeants Kiger and Marshall on board, and based on this discovery, the Joint POW/MIA Accounting Command (JPAC) investigated the site and determined that it was the official site of the B-24 airplane crash. Remains were discovered, and the identities of Sergeants Kiger and Marshall were confirmed; and

            Whereas, On Sunday, July 21, 2013, the sixty-ninth anniversary of Sergeant Kiger’s death, a procession of family, friends, members of the military and representatives of the government accompanied the remains of Sergeant Kiger to Mannington Memorial Park, Mannington, West Virginia, where he was interred between the graves of his father and mother, in a designated grave site prepared for him by his parents prior to their deaths; and

            Whereas, Sergeant Kiger was awarded the Air Medal, the American Campaign Medal, the European-African-Middle Eastern Campaign Medal with one Bronze Service Star, the World War II Victory Medal, the Aerial-Gunner Badge Wing and the Army Service Ribbon, and will be awarded posthumously the Army Good Conduct Medal and the Purple Heart Medal; and

            Whereas, Sergeant Jerome Elwood Kiger made the supreme sacrifice for his country in a foreign land and brought honor to his family, the citizens of West Virginia and his country; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Legislature hereby requests the Division of Highways to name a section Marion County Route 1, Marion County, West Virginia, from mile post 4.54 to mile post 9.15, the “USAF Sergeant Jerome E. Kiger Memorial Road”; and, be it

            Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the road as the “USAF Sergeant Jerome E. Kiger Memorial Road”; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways.

            At the request of Delegate White, and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of receiving committee reports.

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, with amendment, to take effect from passage, a bill of the House of Delegates, as follows:

            Com. Sub. for H. B. 4175, West Virginia Small Business Emergency Act.

            On motion of Delegate White, the bill was taken up for immediate consideration.

            The following Senate amendments were reported by the Clerk:

            On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:

            “That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §5B-1-8, to read as follows:

ARTICLE 1. DEPARTMENT OF COMMERCE.

§5B-1-8. Financial assistance for small businesses during state of emergency.

            (a) The Department of Commerce is authorized to make short-term, low-interest loans available to small businesses located in counties listed in a state declaration of a state of emergency. The purpose of these loans is to mitigate the effects of business losses resulting from the conditions giving rise to the state of emergency where other forms of compensation or relief are not available.

            (b) For purposes of this section, an eligible, small business means a business with less than seventy-five full-time or full-time equivalent employees, operating lawfully within this state and in compliance with the state’s tax, unemployment compensation and workers’ compensation laws, and which meets the criteria specified by the Department of Commerce by rule for issuance of a loan.

            (c) The loan program provided by this section shall only be available when the Governor makes a written finding, following a declaration of a state of emergency by either the Governor or the Legislature, that a substantial portion of small businesses within the relevant counties require emergency financial assistance and authorizes the Department of Commerce to issue loans through this program.

            (d) Following the Governor’s finding and authorization, an eligible, small business may make application for an emergency assistance loan at any time within the duration of a state of emergency, declared pursuant section six, article five, chapter fifteen of this code, and up to ninety days after the termination of the state of emergency. The application shall be made to the division or office designated by the Secretary of Commerce to administer the loan program. Only one loan will be permitted to a business for losses arising out of a declared state of emergency and shall only be available to a business that is located within a county identified in the declaration of the state of emergency. Eligibility provisions of this subsection may apply to any state of emergency, declared by the Governor or the Legislature, that is in effect upon the effective date of this section, but in no event shall loans be made for business losses incurred or originating prior to January 1, 2014.

            (e) The principal amount of any loan provided under this section shall not exceed $15,000 and the interest rate of the loan shall be fixed at a rate equal to half of the federal prime interest rate published at the time of execution of a written agreement between the agency and the loan recipient. The period of duration for loans shall be not more than twenty-four months. The provision of loans is subject to the availability of funds and shall not exceed an aggregate amount of $2 million per declared state of emergency, unless a greater amount is authorized by subsequent appropriation of the Legislature.

            (f) Payments of interest on loans provided pursuant to this section shall be credited to the general fund of the state.

            (g) Loans will only be provided upon execution of a written agreement with the Department of Commerce, or with the authorized designee of the Secretary of Commerce. The duty to repay the principal and pay the interest constitutes a debt to the state. The Secretary of Commerce or his or her designated representative is authorized to enforce, by any legal means, the provisions of the written agreement and to pursue collection of any and all amounts due under the terms of the written agreement.

            (h) Following the effective date of this section, the Secretary of Commerce shall designate an office or division within the Department of Commerce to administer the loan program and shall, acting through the designated office or division, promulgate emergency rules and propose corresponding legislative rules for consideration and authorization by the legislature to describe and delineate the manner in which application for loans will be submitted and reviewed, the criteria for approval of loan applications, including, but not limited to, the credit history of the applicant, and other provisions necessary for the efficient administration of this program.

            (i) When the Governor authorizes the Department of Commerce to issue loans hereunder following the declaration of a state of emergency, the Secretary of Commerce shall make a report to the Legislature’s joint committee at the conclusion of each fiscal year in which the loan program is in effect and loans are outstanding, regarding the number of businesses that have applied for loans, the number of loans approved, the amounts awarded, the number of employees affected thereby and a financial statement including the balance of funds available and the aggregate amount of principal and interest outstanding and due to the state.”

            And by amending the title of the bill to read as follows:

            Com. Sub. for H. B. 4175 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5B-1-8, relating to providing financial assistance to small businesses for losses arising during states of emergency; authorizing the Department of Commerce to provide short-term, low-interest loans to adversely-affected small businesses; specifying eligibility criteria; requiring written finding by the Governor; establishing an application process and time period; setting limits on the aggregate and individual amounts of loans and their duration and quantity; accounting for interest collected on program loans; requiring written loan agreement; declaring legal obligation to the state; authorizing actions to recover delinquent loans; authorizing and requiring the filing of emergency and legislative rules; and requiring the filing of annual reports.”

            On motion of Delegate White, the House concurred in the Senate amendments with amendment, as follows:

            On page two, section eight, line eight, following the word “program”, by inserting a colon and the following:

            Provided, That the authorization also identify an appropriate source of funding for the loans”.            On page three, section eight, line one, following “(e)”, by inserting the following:

            “The source of principal for any loan provided under this section shall be from funds appropriated to the Civil Contingent Fund or from any other appropriation designated for or applicable to the purpose of providing state of emergency loans to small businesses.”

            On page three, section eight, line two, following the word “exceed”, by striking “$15,000” and inserting in lieu thereof “$20,000”.

            On page three, section eight, line twelve, following the word “state” and the period, by inserting the following:

            “Payments of principal shall be credited back to the source of funding, or if the source of funding has expired, to the general revenue fund of the state.”

            On page three, section eight, line twenty, following the word “agreement”, by inserting the following “and any costs to the state for the collection”.

            On page four, section eight, line six, following the word “applicant” and the comma, by inserting the words “required security”.

            And, on page four, section eight, following line eleven, by striking out the words “Legislature’s joint committee” and inserting in lieu thereof “Joint Committee on Government and Finance”.

            On motion of Delegate White, the House of Delegates concurred in the Senate amendment.

            The bill, as amended by the Senate, was then put upon its passage.

            On the passage of the bill, the yeas and nays were taken (Roll No. 275), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

            Absent and Not Voting: Longstreth, J. Nelson, Paxton and Raines.

            So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4175) passed.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

            Delegate White moved that the bill take effect from its passage.

            On this question, the yeas and nays were taken (Roll No. 276), and there were--yeas 96, nays none, absent and not voting 4, with the nays and absent and not voting being as follows:

            Absent and Not Voting: Longstreth, J. Nelson, Paxton and Raines.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4175) takes effect from its passage.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

Daily Calendar

Third Reading

            Com. Sub. for S. B. 373, Relating to water resources protection; on third reading, coming up in regular order, with amendments pending and the right to amend, was, reported by the Clerk.

            An amendment, recommended by the Committee on Finance, was reported by the Clerk on page four, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:

            “That §16-1-2 and §16-1-9a of the Code of West Virginia, 1931, as amended, be amended and reenacted; that said code be amended by adding thereto two new sections, designated §16-1-9c and §16-1-9d; that §22-26-2, §22-26-3, §22-26-5, §22-26-6, §22-26-7 and §22-26-8 of said code be amended and reenacted; and that said code be amended by adding thereto a new article, designated §22-30-1, §22-30-2, §22-30-3, §22-30-4, §22-30-5, §22-30-6, §22-30-7, §22-30-8, §22-30-9, §22-30-10, §22-30-11, §22-30-12, §22-30-13, §22-30-14, §22-30-15, §22-30-16, §22-30-17, §22-30-18, §22-30-19, §22-30-20, §22-30-21, §22-30-22, §22-30-23, §22-30-24 and §22-30-25; and that said code be amended and reenacted by adding thereto a new article, designated §22-31-1, §22-31-2, §22-31-3, §22-31-4, §22-31-5, §22-31-6, §22-31-7, §22-31-8, §22-31-9, §22-31-10, §22-31-11 and §22-31-12, all to read as follows:

CHAPTER 16. PUBLIC HEALTH.

ARTICLE 1. STATE PUBLIC HEALTH SYSTEM.

§16-1-2. Definitions.

            Unless the context in which used clearly requires a different

meaning, As used in this article:

            (a) (1) ‘Basic public health services’ means those services that are necessary to protect the health of the public. The three areas of basic public health services are communicable and reportable disease prevention and control, community health promotion and environmental health protection;

            (b) (2) ‘Bureau’ means the Bureau for Public Health in the department; of health and human resources;

            (c) (3) ‘Combined local board of health’ means is one form of organization for a local board of health and means a board of health serving any two or more counties or any county or counties and one or more municipalities within or partially within the county or counties;

            (d) (4) ‘Commissioner’ means the commissioner of the bureau, for public health, who is the state health officer;

            (e) (5) ‘County board of health’ means is one form of organization for a local board of health and means a local board of health serving a single county;

            (f) (6) ‘Department’ means the West Virginia Department of Health and Human Resources;

            (g) (7) ‘Director’ or ‘director of health’ means the state health officer. Administratively within the department, the bureau for public health through its commissioner carries out the public health functions of the department, unless otherwise assigned by the secretary;

            (h) (8) ‘Essential public health services’ means the core public health activities necessary to promote health and prevent disease, injury and disability for the citizens of the state. The services include:

            (1) (A) Monitoring health status to identify community health problems;

            (2) (B) Diagnosing and investigating health problems and health hazards in the community;

            (3) (C) Informing, educating and empowering people about health issues;

            (4) (D) Mobilizing community partnerships to identify and solve health problems;

            (5) (E) Developing policies and plans that support individual and community health efforts;

            (6) (F) Enforcing laws and rules that protect health and ensure safety;

            (7) (G) Uniting people with needed personal health services and assuring the provision of health care when it is otherwise not available;

            (8) (H) Promoting a competent public health and personal health care workforce;

            (9) (I) Evaluating the effectiveness, accessibility and quality of personal and population-based health services; and

            (10) (J) Researching for new insights and innovative solutions to health problems;

            (i) (9) ‘Licensing boards’ means those boards charged with regulating an occupation, business or profession and on which the commissioner serves as a member;

            (j) (10) ‘Local board of health’, ‘local board’ or ‘board’ means a board of health serving one or more counties or one or more municipalities or a combination thereof;

            (k) (11) ‘Local health department’ means the staff of the local board of health;

            (l) (12) ‘Local health officer’ means the individual physician with a current West Virginia license to practice medicine who supervises and directs the activities, of the local health department services, staff and facilities of the local health department and is appointed by the local board of health with approval by the commissioner;

            (m) (13) ‘Municipal board of health’ is means one form of organization for a local board of health and means a board of health serving a single municipality;

            (n) (14) ‘Performance-based standards’ means generally accepted, objective standards such as rules or guidelines against which public health performance can be measured;

            (15) ‘Potential source of significant contamination’ means a facility or activity that store, uses or produces substances or compounds with potential for significant contaminating impact if released into the source water of a public water supply.

            (o) (16) ‘Program plan’ or ‘plan of operation’ means the annual plan for each local board of health that must be submitted to the commissioner for approval;

            (17) ‘Public groundwater supply source’ means a primary source of water supply for a public water system which is directly drawn from a well, underground stream, underground reservoir, underground mine or other primary source of water supplies which is found underneath the surface of the state.

            (18) ‘Public surface water supply source’ means a primary source of water supply for a public water system which is directly drawn from rivers, streams, lakes, ponds, impoundments or other primary sources of water supplies which are found on the surface of the state.

            (19) ‘Public surface water influenced groundwater supply source’ means a source of water supply for a public water system which is directly drawn from an underground well, underground river or stream, underground reservoir or underground mine, and the quantity and quality of the water in that underground supply source is heavily influenced, directly or indirectly, by the quantity and quality of surface water in the immediate area.

            (s) (20) ‘Public water system’ means;

            (A) Any water supply or system which regularly supplies or offers to supply water for human consumption through pipes or other constructed conveyances, if serving at least an average of twenty-five individuals per day for at least sixty days per year, or which has at least fifteen service connections, and shall include:

            (1) (i) Any collection, treatment, storage and distribution facilities under the control of the owner or operator of the system and used primarily in connection with the system; and

            (2) (ii) Any collection or pretreatment storage facilities not under such control which are used primarily in connection with the system.

            (B) A public water system does not include a system which meets all of the following conditions:

            (1) (i) Which Consists only of distribution and storage facilities (and does not have any collection and treatment facilities);

            (2) (ii) Which Obtains all of its water from, but is not owned or operated by, a public water system which otherwise meets the definition;

            (3) (iii) Which Does not sell water to any person; and

            (4) (iv) Which Is not a carrier conveying passengers in interstate commerce.

            (21) ‘Public water utility’ means a public water system which is regulated by the West Virginia Public Service Commission pursuant to the provisions of chapter twenty-four of this code.

            (q)(22) ‘Secretary’ means the secretary of the state department; of health and human resources;

            (r)(23) ‘Service area’ means the territorial jurisdiction of a local board of health;

            (s)(24) ‘State Advisory Council on Public Health’ is means the advisory body charged by this article with providing advice to the commissioner with respect to the provision of adequate public health services for all areas in the state;

            (t)(25) ‘State Board of Health’ means and refers to, the secretary, notwithstanding any other provision of this code to the contrary, whenever and wherever in this code there is a reference to the state board of health.  

            (26) ‘Zone of critical concern’ for a public surface water supply is a corridor along streams within a watershed that warrant more detailed scrutiny due to its proximity to the surface water intake and the intake’s susceptibility to potential contaminants within that corridor. The zone of critical concern is determined using a mathematical model that accounts for stream flows, gradient and area topography. The length of the zone of critical concern is based on a five-hour time of travel of water in the streams to the water intake, plus an additional 1/4 mile below the water intake. The width of the zone of critical concern is 1,000 feet measured horizontally from each bank of the principal stream and 500 feet measured horizontally from each bank of the tributaries draining into the principal stream.

§16-1-9a. Regulation of public water systems.

            (a) A public water system is any water supply or system that regularly supplies or offers to supply water for human consumption through pipes or other constructed conveyances, if serving at least an average of twenty-five individuals per day for at least sixty days per year, or which has at least fifteen service connections, and shall include:

            (1) Any collection, treatment, storage and distribution facilities under the control of the owner or operator of such system and used primarily in connection with such system; and

            (2) Any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system.

            A public water system does not include a system that meets all of the following conditions:             (1) Consists only of distribution and storage facilities (and does not have any collection and treatment facilities);

            (2) Obtains all of its water from, but is not owned or operated by, a public water system that otherwise meets the definition;

            (3) Does not sell water to any person; and

            (4) Is not a carrier conveying passengers in interstate commerce.

            (a) The commissioner shall regulate public water systems as prescribed in this section.

            (b)(1) The secretary shall prescribe by legislative rule The commissioner shall establish by legislative rule, in accordance with article three, chapter twenty-nine-a of this code:

            (1) The maximum contaminant levels to which all public water systems shall conform in order to prevent adverse effects on the health of individuals;

            and, if the secretary considers appropriate,

            (2) Treatment techniques that reduce the contaminant or contaminants to a level which will not adversely affect the health of the consumer; The rule shall contain

            (3) Provisions to protect and prevent contamination of wellheads and well fields used by public water supplies so that contaminants do not reach a level that would adversely affect the health of the consumer;

(2) The secretary shall further prescribe by legislative rule (4) Minimum requirements for:

            (A) Sampling and testing;

            (B) System operation;

            (C) Public notification by a public water system on being granted a variance or exemption or upon failure to comply with specific requirements of this section and regulations promulgated under this section;

            (D) Record keeping;

            (E) Laboratory certification; and

            (F) as well as Procedures and conditions for granting variances and exemptions to public water systems from state public water systems regulations.

            (3) In addition, The secretary commissioner shall establish by legislative rule, in accordance with article three, chapter twenty-nine-a of this code,

            (5) Requirements covering the production and distribution of bottled drinking water; and may by legislative rule, in accordance with article three, chapter twenty-nine-a of this code, establish

            (6) Requirements governing the taste, odor, appearance and other consumer acceptability parameters of drinking water; and

            (7) Any other requirement the commissioner finds necessary to effectuate the provisions of this article.

            (c) Authorized representatives of the bureau The commissioner or his or her authorized representatives or designees have right of entry to may enter any part of a public water system, whether or not the system is in violation of a legal requirement, for the purpose of inspecting, sampling or testing and shall be furnished records or information reasonably required for a complete inspection.

            (d) The right of entry includes the right for a bureau representative or a designee of a bureau representative to The commissioner, his or her authorized representative or designee may conduct an evaluation necessary to assure the public water system meets federal safe drinking water requirements. The public water system shall provide a written response to the bureau commissioner within forty-five thirty days of receipt of the evaluation by the public water system, addressing corrective actions to be taken as a result of the evaluation.

            (d) (e)(1) Any individual partnership, association, syndicate, company, firm, trust, corporation, government corporation, institution, department, division, bureau, agency, federal agency or any entity recognized by law who violates any provision of this section article, or any of the rules or orders issued pursuant to this section article, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $50 is liable for a civil penalty not less than $1,000 nor more than $500 $5,000. and Each day’s violation shall constitute a separate offense. The commissioner or his or her authorized representative may also seek injunctive relief in the circuit court of the county in which all or part of the public water system is situated for threatened or continuing violations.

            (2) For a willful violation of a provision of this section article, or of any of the rules or orders issued under this section article, for which a penalty is not otherwise provided under subdivision (3) of this subsection, an individual partnership, association, syndicate, company, firm, trust, corporation, government corporation, institution, department, division, bureau, agency, federal agency or entity, recognized by law, upon a finding of a willful violation by the circuit court of the county in which the violation occurs, shall be subject to a civil penalty of not more than $5,000 $10,000 and each day’s violation shall be grounds for a separate penalty.

            (3) The commissioner or his or her authorized representative shall have authority to assess administrative penalties and initiate any proceedings necessary for the enforcement of drinking water rules. The administrative penalty for a violation of any drinking water rule is a minimum of $1,000 per day per violation and a maximum of $2,500 per day per violation for systems serving more than ten thousand persons, a minimum of $250 per day per violation and a maximum of $500 per day per violation for systems serving over three thousand three hundred persons up to and including ten thousand persons, a minimum of $100 per day per violation and a maximum of $200 per day per violation for systems serving three thousand three hundred or fewer persons and each day’s violation shall be grounds for a separate penalty.

            (3) Civil penalties are payable to the commissioner. All moneys collected under this section shall be deposited into a restricted account known as the ‘Safe Drinking Water penalty Fund’. previously created in the office of the state Treasurer. All money deposited into the fund shall be used by the commissioner to provide technical assistance to public water systems.

            (f) The commissioner, or his or her authorized representative, may also seek injunctive relief in the circuit court of the county in which all or part of the public water system is located for threatened or continuing violations.

§16-1-9c. Required update or completion of source water protection plans.

            (a) On or before July 1, 2016, each existing public water utility which draws and treats water from a surface water supply source or a surface water influenced groundwater supply source shall submit to the commissioner an updated or completed source water protection plan for each of its public water system plants with such intakes, to protect its public water supplies from contamination. Every effort shall be made to inform and engage the public, local governments, local emergency planners, local health departments and affected residents at all levels of the development of the protection plan.

            (b) The completed or updated plan for each affected plant, at a minimum, shall include the following:

            (1) A contingency plan that documents each public water utility’s planned response to contamination of its public surface water supply source or its public surface water influenced groundwater supply source;

            (2) An examination and analysis of the public water system’s ability to isolate or divert contaminated waters from its surface water intake or groundwater supply, and the amount of raw water storage capacity for the public water system’s plant;

            (3) An examination and analysis of the public water system’s existing ability to switch to an alternative water source or intake in the event of contamination of its primary water source;

            (4) An analysis and examination of the public water system’s existing ability to close its water intake in the event the system is advised that its primary water source has become contaminated due to a spill or release into a stream, and the duration of time it can keep that water intake closed without creating a public health emergency;

            (5) The following operational information for each plant receiving water supplies from a surface water source;

            (A) The average number of hours the plant operates each day, and the maximum and minimum number of hours of operation in one day at that plant during the past year; and

            (B) The average quantities of water treated and produced by the plant per day, and the maximum and minimum quantities of water treated and produced at that plant in one day during the past year;

            (6) An analysis and examination of the public water system’s existing available storage capacity on its system, how its available storage capacity compares to the public water system’s normal daily usage, and whether the public water system’s existing available storage capacity can be effectively utilized to minimize the threat of contamination to its system;

            (7) The calculated level of unaccounted for water experienced by the public water system for each surface water intake, determined by comparing the measured quantities of water which are actually received and used by customers served by that water plant to the total quantities of water treated at the water plant over the past year. If the calculated ratio of those two figures is less than 85%, the public water system is to describe all of the measures it is actively taking to reduce the level of water loss experienced on its system;

            (8) A list of the potential sources of significant contamination contained within the zone of critical concern as provided by the Department of Environmental Protection, the Bureau for Public Health and the Division of Homeland Security and Emergency Management. The exact location of the contaminants within the zone of critical concern is not subject to public disclosure in response to a Freedom of Information Act request under article one, chapter twenty-nine-b of this code. However, the location, characteristics and approximate quantities of potential sources of significant contamination within the zone of critical concern shall be made known to one or more designees of the public water utility, and shall be maintained in a confidential manner by the public water utility. In the event of a chemical spill, release or related emergency, information pertaining to any spill or release of contaminant shall be immediately disseminated to any emergency responders responding to the site of a spill or release, and the general public shall be promptly notified in the event of a chemical spill, release or related emergency.

            (9) If the public water utility’s water supply plant is served by a single-source intake to a surface water source of supply or a surface water influenced source of supply, the submitted plan shall also include an examination and analysis of the technical and economic feasibility of each of the following options to provide continued safe and reliable public water service in the event its primary source of supply is detrimentally affected by contamination, release, spill event or other reason;

            (A)Constructing or establishing a secondary or backup intake which would draw water supplies from a substantially different location or water source;

            (B) Constructing additional raw water storage capacity and/or treated water storage capacity, to provide at least two days of system storage, based on the plant’s maximum level of production experienced within the past year;

            (C) Creating or constructing interconnections between the public water system with other plants on the public water utility system or another public water system, to allow the public water utility to receive its water from a different source of supply during a period its primary water supply becomes unavailable or unreliable due to contamination, release, spill event or other circumstance;

            (D) Any other alternative which is available to the public water utility to secure safe and reliable alternative supplies during a period its primary source of supply is unavailable or negatively impacted for an extended period; and

            (E) If one or more alternatives set forth in paragraphs (A) through (D) is determined to be technologically or economically feasible, the public water utility shall submit an analysis of the comparative costs, risks and benefits of implementing each of the described alternatives;

            (10) A management plan that identifies specific activities that will be pursued by the public water utility, in cooperation and in concert with the bureau for public health, local health departments, local emergency responders, local emergency planning committee, and other state, county or local agencies and organizations to protect its source water supply from contamination, including but not limited to notification to and coordination with state and local government agencies whenever the use of its water supply is inadvisable or impaired, to conduct periodic surveys of the system, the adoption of best management practices, the purchase of property or development rights, conducting public education or the adoption of other management techniques recommended by the commissioner or included in the source water protection plan;

            (11) A communications plan that documents the manner in which the public water utility, working in concert with state and local emergency response agencies, shall notify the local health agencies and the public of the initial spill or contamination event and provide updated information related to any contamination or impairment of the source water supply or the system’s drinking water supply, with an initial notification to the public to occur in any event no later than thirty minutes after the public water system becomes aware of the spill, release or potential contamination of the public water system;

            (12) A complete and comprehensive list of the potential sources of significant contamination contained within the zone of critical concern, based upon information which is directly provided or can otherwise be requested and obtained from the Department of Environmental Protection, the Bureau for Public Health, the Division of Homeland Security and Emergency Management, and other resources; and

            (13) An examination of the technical and economic feasibility of implementing an early warning monitoring system.

            (c) Any public water utility’s public water system with a primary surface water source of supply or a surface water influenced groundwater source of supply that comes into existence on or after the effective date of this article shall submit prior to the commencement of its operations a source water protection plan satisfying the requirements of subsection (b) of this section.

            (d) The commissioner shall review a plan submitted pursuant to this section and provide a copy to the Secretary of the Department of Environmental Protection. Thereafter, within one hundred eighty days of receiving a plan for approval, the commissioner may approve, reject, or modify the plan as may be necessary and reasonable to satisfy the purposes of this article. The commissioner shall consult with the local public health officer and conduct at least one public hearing when reviewing the plan. Failure by a public water system to comply with a plan approved pursuant to this section is a violation of this article.

            (e) The commissioner may request a public water utility to conduct one or more studies to determine the actual risk and consequences related to any potential source of significant contamination identified by the plan, or as otherwise made known to the commissioner.

            (f) Any public water utility required to file a complete or updated plan in accordance with the provisions of this section shall submit an updated source water protection plan at least every three years or when there is a substantial change in the potential sources of significant contamination within the identified zone of critical concern.

            (g) Any public water utility required to file a complete or updated plan in accordance with the provisions of this section shall review any source water protection plan it may currently have on file with the bureau and update it to ensure it conforms with the requirements of subsection (b) of this section on or before July 1, 2016.

            (h) The commissioner’s authority in reviewing and monitoring compliance with a source water protection plan may be transferred by the bureau to a nationally accredited local board of public health.

§16-1-9d. Wellhead and Source Water Protection Grant Program.

            (a) The commissioner shall continue the Wellhead and Source Water Protection Grant Program.

            (b) The fund heretofore created to provide funds for the Wellhead and Source Water Protection Grant Program is continued in the state treasury and shall be known as the ‘Wellhead and Source Water Protection Grant Fund.’ The fund shall be administered by the commissioner and shall consist of all moneys made available for the program from any source, including but not limited to all fees, civil penalties and assessed costs, all gifts, grants, bequests or transfers from any source, any moneys that may be appropriated and designated for the program by the Legislature, and all interest or other return earned from investment of the fund. Expenditures from the fund shall be for the purposes set forth in this article to provide water source protection pursuant to the program and are not authorized from collections but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of article three, chapter twelve of this code and upon the fulfillment of the provisions set forth in article two, chapter eleven-b of this code: Provided, That for the fiscal years ending June 30, 2014 and 2015, expenditures are authorized from collections rather than pursuant to an explicit appropriation by the Legislature. Any balance, including accrued interest and other returns, remaining in the fund at the end of each fiscal year shall not revert to the general revenue fund but shall remain in the fund and be expended as provided by this section.

            (c) In prospectively awarding any grants under the Wellhead and Source Water Protection Grant Program, the commissioner shall prioritize those public water systems where there is the highest probability of contamination of the water source based on the source water assessment report or the source water protection plans which were previously performed. Priority shall also be extended to publicly owned public water systems over privately owned public water systems.

            (d) The commissioner, or his or her designee, shall apply for and diligently pursue all available federal funds to help offset the cost of completing source water protection plans by the deadlines established in section nine-c of this article.

            (e) The commissioner may receive any gift, federal grant, other grant, donation or bequest and receive income and other funds or appropriations to contribute to the Wellhead and Source Water Protection Plan Grant Program.

CHAPTER 22. ENVIRONMENTAL RESOURCES.

ARTICLE 26. WATER RESOURCES PROTECTION AND MANAGEMENT ACT.

§22-26-2. Definitions.

            For purposes of this article: the following words have the meanings assigned unless the context indicates otherwise

            (a) (1) ‘Baseline average’ means the average amount of water withdrawn by a large quantity user over a representative historical time period as defined by the secretary.

            (b) (2) ‘Beneficial use’ means uses that include, but are not limited to, public or private water supplies, agriculture, tourism, commercial, industrial, coal, oil and gas and other mineral extraction, preservation of fish and wildlife habitat, maintenance of waste assimilation, recreation, navigation and preservation of cultural values.

            (c) (3) ‘Commercial well’ means a well that serves small businesses and facilities in which water is the prime ingredient of the service rendered, including water wells drilled to support horizontal well operations.

            (d) (4) ‘Community water system’ means a public water system that pipes water for human consumption to at least fifteen service connections used by year-round residents or one that regularly serves at least twenty-five residents.

            (e) (5) ‘Consumptive withdrawal’ means any withdrawal of water which returns less water to the water body than is withdrawn.

            (6) ‘Department’ means the West Virginia Department of Environmental Protection.

            (f) (7) ‘Farm use’ means irrigation of any land used for general farming, forage, aquaculture, pasture, orchards, nurseries, the provision of water supply for farm animals, poultry farming or any other activity conducted in the course of a farming operation.

            (g) (8) ‘Industrial well’ means a well used exclusively for nonpotable purposes, including in industrial processing, fire protection, washing, packing or manufacturing of a product excluding food and beverages, or other nonpotable uses.

            (h) (9) ‘Interbasin transfer’ means the permanent removal of water from the watershed from which it is withdrawn.

            (I) (10) ‘Large-quantity user’ means any person who withdraws over seven three hundred fifty thousand gallons of water in a any calendar month thirty-day period from the state’s waters and any person who bottles water for resale regardless of quantity withdrawn. ‘Large-quantity user’ excludes farm use, including watering livestock or poultry on a farm, though farms may voluntarily report water withdrawals to assist with the accuracy of the survey.

            (j) (11) ‘Maximum potential’ means the maximum designed capacity of a facility to withdraw water under its physical and operational design.

            (k) (12) ‘Noncommunity nontransient water system’ means a public water system that serves at least twenty-five of the same persons over six months per year.

            (l) (13) ‘Nonconsumptive withdrawal’ means any withdrawal of water which is not a consumptive withdrawal as defined in this section.

            (m) (14) ‘Person’, ‘persons’ or ‘people’ means an individual, public and private business or industry, public or private water service and governmental entity.

            (n) (15) ‘Secretary’ means the Secretary of the Department of Environmental Protection or his or her designee.

            (o) (16) ‘Transient water system’ means a public water system that serves at least twenty-five transient people at least sixty days a year.

            (p) (17) ‘Test well’ means a well that is used to obtain information on groundwater quantity, quality, aquifer characteristics and availability of production water supply for manufacturing, commercial and industrial facilities.

            (q) (18) ‘Water resources’, ‘water’ or ‘waters’ means any and all water on or beneath the surface of the ground, whether percolating, standing, diffused or flowing, wholly or partially within this state, or bordering this state and within its jurisdiction and includes, without limiting the generality of the foregoing, natural or artificial lakes, rivers, streams, creeks, branches, brooks, ponds, impounding reservoirs, springs, wells, watercourses and wetlands: Provided, That farm ponds, industrial settling basins and ponds and waste treatment facilities are excluded from the waters of the state.

            (r) (19) ‘Watershed’ means a hydrologic unit utilized by the United States Department of Interior’s geological survey, adopted in 1974, as a framework for detailed water and related land-resources planning.

            (s) (20) ‘Withdrawal’ means the removal or capture of water from water resources of the state regardless of whether it is consumptive or nonconsumptive: Provided, That water encountered during coal, oil, gas, water well drilling and initial testing of water wells, or other mineral extraction and diverted, but not used for any purpose and not a factor in low-flow conditions for any surface water or groundwater, is not deemed a withdrawal.

§22-26-3. Waters claimed by state; water resources protection survey; registration requirements; agency cooperation; information gathering.

            (a) The waters of the State of West Virginia are hereby claimed as valuable public natural resources held by the state for the use and benefit of its citizens. The state shall manage the quantity of and protect its waters effectively for present and future use and enjoyment and for the protection of the environment. Therefore, it is necessary for the state to determine the nature and extent of its water resources, the quantity of water being withdrawn or otherwise used and the nature of the withdrawals or other uses: Provided, That no provisions of this article may be construed to amend or limit any other rights and remedies created by statute or common law in existence on the date of the enactment of this article.

            (b) The secretary shall conduct an ongoing water resources survey of consumptive and nonconsumptive surface water and groundwater withdrawals by large quantity users in this state. The secretary shall determine the form and format of the information submitted, including the use of electronic submissions. The secretary shall establish and maintain a statewide registration program to monitor large quantity users of water resources. of this state beginning in 2006.

            (c) Large-quantity users, except those who purchase water from a public or private water utility or other service that is reporting its total withdrawal, shall register with the department of Environmental Protection and provide all requested survey information regarding withdrawals of the water resources. Multiple withdrawals from state water resources that are made or controlled by a single person and used at one facility or location shall be considered a single withdrawal of water. Water withdrawals for self-supplied farm use and private households will be estimated. Water utilities regulated by the Public Service Commission pursuant to article two, chapter twenty-four of this code are exempted from providing information on interbasin transfers to the extent those transfers are necessary to provide water utility services within the state.

            (d) Except as provided in subsection (f) of this section, large-quantity users who withdraw water from a West Virginia water resource shall comply with the survey and registration requirements of this article. Registration shall be maintained annually by every large-quantity user by certifying, on forms and in a manner prescribed by the secretary. that the amount withdrawn in the previous calendar year varies by no more than ten percent from the users’ baseline average or by certifying the change in usage.

            (e) The secretary shall maintain a listing of all large- quantity users and each user’s baseline average water withdrawal.

            (f) The secretary shall make a good faith effort to obtain survey and registration information from persons who are withdrawing water from in-state water resources, but who are located outside the state borders.

            (g) All state agencies and local governmental entities that have a regulatory, research, planning or other function relating to water resources, including, but not limited to, the State Geological and Economic Survey, the Division of Natural Resources, the Public Service Commission, the Bureau for Public Health, the Commissioner of the Department of Agriculture, the Division of Homeland Security and Emergency Management, Marshall University, West Virginia University and regional, county and municipal planning authorities may enter into interagency agreements with the secretary and shall cooperate by: (i) Providing information relating to the water resources of the state; (ii) providing any necessary assistance to the secretary in effectuating the purposes of this article; and (iii) assisting in the development of a state water resources management plan. The secretary shall determine the form and format of the information submitted by these agencies.

            (h) Persons required to participate in the survey and registration shall provide any reasonably available information on stream flow conditions that impact withdrawal rates.

            (i) Persons required to participate in the survey and registration shall provide the most accurate information available on water withdrawal during seasonal conditions and future potential maximum withdrawals or other information that the secretary determines is necessary for the completion of the survey or registration: Provided, That a coal-fired electric generating facility shall also report the nominal design capacity of the facility, which is the quantity of water withdrawn by the facility’s intake pumps necessary to operate the facility during a calendar day.

            (j) The secretary shall, to the extent reliable water withdrawal data is reasonably available from sources other than persons required to provide data and participate in the survey and registration, utilize that data to fulfill the requirements of this section. If the data is not reasonably available to the secretary, persons required to participate in the survey and registration are required to provide the data. Altering locations of intakes and discharge points that result in an impact to the withdrawal of the water resources by an amount of ten percent or more from the consecutive baseline average shall also be reported.

            (k) The secretary shall report annually to the Joint Legislative Oversight Commission on State Water Resources on the survey results. The secretary shall also make a progress report every three years annually on the development implementation of the State Water Resources Management Plan and any significant changes that may have occurred since the survey report State Water Resources Management Plan was submitted in two thousand six 2013.            (l) In addition to any requirements for completion of the survey established by the secretary, the survey must accurately reflect both actual and maximum potential water withdrawal. Actual withdrawal shall be established through metering, measuring or alternative accepted scientific methods to obtain a reasonable estimate or indirect calculation of actual use.

            (m) The secretary shall make recommendations to the joint Legislative Oversight Commission on Water Resources created in section five of this article relating to the implementation of a water quantity management strategy for the state or regions of the state where the quantity of water resources are found to be currently stressed or likely to be stressed due to emerging beneficial or other uses, ecological conditions or other factors requiring the development of a strategy for management of these water resources.

            (n) The secretary may propose rules pursuant to article three, chapter twenty-nine-a of this code as necessary to implement the survey registration or plan requirements of this article.

            (o) The secretary is authorized to enter into cooperative agreements with local, state and federal agencies and private policy or research groups to obtain federal matching funds, conduct research and analyze survey and registration data and other agreements as may be necessary to carry out his or her duties under this article.

            (p) The department, the Division of Natural Resources, the Division of Highways and the Conservation Agency (cooperating state agencies) shall continue providing matching funds for the United States Geological Survey’s (USGS) stream-gauging network to the maximum extent practicable. Should a cooperating state agency become unable to maintain its contribution level, it should notify the USGS and the commission of its inability to continue funding for the subsequent federal fiscal year by July 1, in order to allow for the possible identification of alternative funding resources.

§22-26-5. Joint Legislative Oversight Commission on State Water Resources.

            (a) The President of the Senate and the Speaker of the House of Delegates shall each designate five members of their respective houses, at least one of whom shall be a member of the minority party, to serve on a joint legislative oversight commission charged with immediate and ongoing oversight of the water resources survey, registration and development of a state water resources management plan. This commission shall be known as the Joint Legislative Oversight Commission on State Water Resources and shall regularly investigate and monitor all matters relating to the water resources, including the survey and plan.

            (b) The expenses of the commission, including the cost of conducting the survey and monitoring any subsequent strategy and those incurred in the employment of legal, technical, investigative, clerical, stenographic, advisory and other personnel, are to be approved by the Joint Committee on Government and Finance and paid from legislative appropriations.

§22-26-6. Mandatory survey and registration compliance.

            (a) The water resources survey and subsequent registry will provide critical information for protection of the state’s water resources and, thus, mandatory compliance with the survey and registry is necessary.

            (b) All large-quantity users who withdraw water from a West Virginia water resource shall complete the survey and register such use with the department of Environmental Protection. Any person who fails to complete the survey or register, provides false or misleading information on the survey or registration, or fails to provide other information as required by this article may be subject to a civil administrative penalty not to exceed $5,000 to be collected by the secretary consistent with the secretary’s authority pursuant to this chapter. Every thirty days after the initial imposition of the civil administrative penalty, another penalty may be assessed if the information is not provided. The secretary shall provide written notice of failure to comply with this section thirty days prior to assessing the first administrative penalty.

§22-26-7. Secretary authorized to log wells; collect data.

            (a) In order to obtain important information about the state’s surface and groundwater, the secretary is authorized to collect scientific data on surface and groundwater and to enter into agreements with local and state agencies, the federal government and private entities to obtain this information.

            (1) (b) Any person who installs a community water system, noncommunity nontransient water system, transient water system, commercial well, industrial or test well shall notify the secretary of his or her intent to drill a water well no less than ten days prior to commencement of drilling. The ten-day notice is the responsibility of the owner, but may be given by the drilling contractor.

            (2) (c) The secretary has the authority to gather data, including driller and geologist logs, run electric and other remote-sensing logs and devices and perform physical characteristics tests on nonresidential and multifamily water wells.

            (3) (d) The drilling contractor shall submit to the secretary a copy of the well completion forms submitted to the Division of Health Bureau for Public Health for a community water system, noncommunity nontransient water system, transient water system, commercial well, industrial or test well. The drilling contractor shall also provide the well GPS location and depth to groundwater on the well report submitted to the secretary.

            (4) (e) Any person who fails to notify the secretary prior to drilling a well or impedes collection of information by the secretary under this section is in violation of the Water Resources Protection and Management Act and is subject to the civil administrative penalty authorized by section six of this article.

            (5) (f) Any well contracted for construction by the secretary for groundwater or geological testing must be constructed at a minimum to well design standards as promulgated by the Division of Health Bureau for Public Health. Any wells contracted for construction by the secretary for groundwater or geological testing that would at a later date be converted to a public use water well must be constructed to comport to state public water design standards.

§22-26-8. State Water Resources Management Plan; powers and duty of secretary.

            (a) The secretary of the Department of Environmental Protection shall oversee the development of a State Water Resources Management Plan to be completed no later than November 30, 2013. The plan shall be reviewed and revised as needed after its initial adoption. The plan shall be developed with the cooperation and involvement of local and state agencies with regulatory, research or other functions relating to water resources including, but not limited to, those agencies and institutions of higher education set forth in section three of this article and a representative of large quantity users. The State Water Resources Management Plan shall be developed utilizing the information obtained pursuant to said section and any other relevant information available to the secretary.

            (b) The secretary shall develop definitions for use in the State Water Resources Management Plan for terms that are defined differently by various state and federal governmental entities as well as other terms necessary for implementation of this article.

            (c) The secretary shall continue to develop and obtain the following:

            (1) An inventory of the surface water resources of each region of this state, including an identification of the boundaries of significant watersheds and an estimate of the safe yield of such sources for consumptive and nonconsumptive uses during periods of normal conditions and drought.

            (2) A listing of each consumptive or nonconsumptive withdrawal by a large-quantity user, including the amount of water used, location of the water resources, the nature of the use, location of each intake and discharge point by longitude and latitude where available and, if the use involves more than one watershed or basin, the watersheds or basins involved and the amount transferred.

            (3) A plan for the development of the infrastructure necessary to identify the groundwater resources of each region of this state, including an identification of aquifers and groundwater basins and an assessment of their safe yield, prime recharge areas, recharge capacity, consumptive limits and relationship to stream base flows.

            (4) After consulting with the appropriate state and federal agencies, assess and project the existing and future nonconsumptive use needs of the water resources required to serve areas with important or unique natural, scenic, environmental or recreational values of national, regional, local or statewide significance, including national and state parks; designated wild, scenic and recreational rivers; national and state wildlife refuges; and the habitats of federal and state endangered or threatened species.

            (5) Assessment and projection of existing and future consumptive use demands.

            (6) Identification of potential problems with water availability or conflicts among water uses and users including, but not limited to, the following:

            (A) A discussion of any area of concern regarding historical or current conditions that indicate a low-flow condition or where a drought or flood has occurred or is likely to occur that threatens the beneficial use of the surface water or groundwater in the area; and

            (B) Current or potential in-stream or off-stream uses that contribute to or are likely to exacerbate natural low-flow conditions to the detriment of the water resources.

            (7) Establish criteria for designation of critical water planning areas comprising any significant hydrologic unit where existing or future demands exceed or threaten to exceed the safe yield of available water resources.

            (8) An assessment of the current and future capabilities of public water supply agencies and private water supply companies to provide an adequate quantity and quality of water to their service areas.

            (9) An assessment of flood plain and stormwater management problems.

            (10) Efforts to improve data collection, reporting and water monitoring where prior reports have found deficiencies.

            (11) A process for identifying projects and practices that are being, or have been, implemented by water users that reduce the amount of consumptive use, improve efficiency in water use, provide for reuse and recycling of water, increase the supply or storage of water or preserve or increase groundwater recharge and a recommended process for providing appropriate positive recognition of such those projects or practices in actions, programs, policies, projects or management activities.

            (12) An assessment of both structural and nonstructural alternatives to address identified water availability problems, adverse impacts on water uses or conflicts between water users, including potential actions to develop additional or alternative supplies, conservation measures and management techniques.

            (13) A review and evaluation of statutes, rules, policies and institutional arrangements for the development, conservation, distribution and emergency management of water resources.

            (14) A review and evaluation of water resources management alternatives and recommended programs, policies, institutional arrangements, projects and other provisions to meet the water resources needs of each region and of this state.

            (15) Proposed methods of implementing various recommended actions, programs, policies, projects or management activities.

            (d) The State Water Resources Management Plan shall consider:

            (1) The interconnections and relationships between groundwater and surface water as components of a single hydrologic resource.

            (2) Regional or watershed water resources needs, objectives and priorities.

            (3) Federal, state and interstate water resource policies, plans, objectives and priorities, including those identified in statutes, rules, regulations, compacts, interstate agreements or comprehensive plans adopted by federal and state agencies and compact basin commissions.

            (4) The needs and priorities reflected in comprehensive plans and zoning ordinances adopted by a county or municipal government.

            (5) The water quantity and quality necessary to support reasonable and beneficial uses.

            (6) A balancing and encouragement of multiple uses of water resources, recognizing that all water resources of this state are capable of serving multiple uses and human needs, including multiple uses of water resources for reasonable and beneficial uses.

            (7) The distinctions between short-term and long-term conditions, impacts, needs and solutions to ensure appropriate and cost-effective responses to water resources issues.

            (8) Application of the principle of equal and uniform treatment of all water users that are similarly situated without regard to established political boundaries.

            (e) In November of each year, Each November, the secretary shall report to the Joint Legislative Oversight Commission on State Water Resources on the implementation of the State Water Resources Management Plan. The report on the water resources plan shall include benchmarks for achieving the plan’s goals and time frames for meeting them.

            (f) Upon adoption of the state Water Resources Management Plan by the Legislature, the report requirements of this article shall be superceded by the plan and subsequent reports shall be on the survey results and the water resources plan. If the plan is not adopted a detailed report discussing the provisions of this section as well as progress reports on the development of the plan shall be submitted every three years. The State Water Resources Management Plan is adopted. Persons identified as large-quantity users prior to the effective date of this subsection shall report actual monthly water withdrawals, or monthly water withdrawals by a method approved by the secretary, for the previous calendar year by March 31 of each succeeding year. Persons identified as large-quantity users on or after the effective date of this subsection shall submit their initial annual report no later than March 31, 2016, and subsequent annual reports by March 31 of each year thereafter.

ARTICLE 30. THE ABOVEGROUND STORAGE TANK ACT.

§22-30-1. Short title.

            This article may be known and cited as the Aboveground Storage Tank Act.

§22-30-2. Legislative findings.

            (a) The West Virginia Legislature finds the public policy of the State of West Virginia is to protect and conserve the water resources for the state and its citizens. The state’s water resources are vital natural resources that are essential to maintain, preserve and promote human health, quality of life and economic vitality of the state.

            (b) The West Virginia Legislature further finds the public policy of the state is for clean, uncontaminated water to be made available for its citizens who are dependent on clean water as a basic need for survival, and who rely on the assurances from public water systems and the government that the water is safe to consume.

            (c) The West Virginia Legislature further finds it in the public policy of the state that clean, uncontaminated water be available to its businesses and industries that rely on water for their economic survival, and the well-being of their employees. These include hospitals and the medical industry, schools and educational institutions, the food and hospitality industries, the tourism industry, manufacturing, coal, natural gas and other industries. Businesses and industries searching for places to locate or relocate consider the quality of life for their employees as well as the quality of the raw materials such as clean water.

            (d) The Legislature further finds that large quantities of fluids are stored in aboveground storage tanks within the state and that emergency situations involving these fluids can and will arise that may present a hazard to human health, safety, the water resources, the environment and the economy of the state. The Legislature further recognizes that some of these fluids have been stored in aboveground storage tanks in a regulated manner insufficient to protect human health, safety, water resources, the environment and the economy of the state.

§22-30-3. Definitions.

            For purposes of this article:

            (1) ‘Aboveground storage tank’ or ‘tank’ means a device made to contain an accumulation of more than 1320 gallons of fluids that are liquids at standard temperature and pressure, which is constructed primarily of non-carbon materials, including wood, concrete, steel, plastic or fiberglass reinforced plastic, which provide structural support, more than 90% capacity of which is above the surface of the ground, but does not include any process vessel. The term includes stationary devices which are permanently affixed, and mobile devices which remain in one location on a continuous basis for 60 or more days, and includes all ancillary aboveground pipes and dispensing systems up to the first point of isolation and all ancillary underground pipes and dispensing systems connected to the aboveground containers to the first point of isolation. Notwithstanding any other provision of this code to the contrary, shipping containers, including railroad freight cars, subject to federal regulation under the Federal Railroad Safety Act, 49 U.S.C. §§20101-2015, as amended, including but not limited to federal regulations promulgated thereunder at 49 CAR 172, 173 or 174, or subject to other federal law governing the transportation of hazardous materials are not subject to any provision of this article or of article thirty-one of this chapter. Notwithstanding any other provision of this code to the contrary, barges or boats subject to federal regulation under the United States Coast Guard, United States Department of Homeland Security, including but not limited to federal regulations promulgated at 33 CAR 1, et seq., or subject to other federal law governing the transportation of hazardous materials are not subject to any provision of this article or of article thirty-one of this chapter.

            (2) ‘Department’ means the West Virginia Department of Environmental Protection.

            (3) ‘Nonoperational storage tank’ means an empty aboveground storage tank in which fluids will not be deposited or from which fluids will not be dispensed on or after the effective date of this article.

            (4) ‘Operator’ means any person in control of, or having responsibility for, the daily operation of an aboveground storage tank.

            (5) ‘Owner’ means a person who holds title to, controls or owns an interest in an aboveground storage tank, including owners of tanks immediately preceding the discontinuation of a tank’s use. ‘Owner’ does not mean a person who holds an interest in a tank for financial security, unless the holder has taken possession of and operated the tank.

            (6) ‘Person’, ‘persons’ or ‘people’ means any individual, trust, firm, owner, operator, corporation or other legal entity, including the United States government, an interstate commission or other body, the state or any agency, board, bureau, office, department or political subdivision of the state, but does not include the Department of Environmental Protection.

            (7) ‘Process vessel’ means tanks, containers or other vessels utilized in a facility in the manufacturing process through which there is a steady, variable, recurring or intermittent flow of materials. This does not include tanks used for storage of materials prior to their introduction into the production process or for the storage of finished products or by-products of the production process.

            (8) ‘Public groundwater supply source’ means a primary source of water supply for a public water system which is directly drawn from a well, underground stream, underground reservoir, underground mine or other primary source of water supplies which is found underneath the surface of the state.

            (9) ‘Public surface water supply source’ means a primary source of water supply for a public water system which is directly drawn from rivers, streams, lakes, ponds, impoundments or other primary sources of water supplies which are found on the surface of the state.

            (10) ‘Public surface water influenced groundwater supply source’ means a source of water supply from a public water system which is directly drawn from an underground well, underground river or stream, underground reservoir or underground mine, and the quantity and quality of the water in that underground supply source is heavily influenced, directly or indirectly, by the quantity and quality of surface water in the immediate area.

(11) ‘Public water system’ means;

            (A) Any water supply or system which regularly supplies or offers to supply water for human consumption through pipes or other constructed conveyances, if serving at least an average of twenty-five individuals per day for at least sixty days per year, or which has at least fifteen service connections, and shall include:

(i) Any collection, treatment, storage and distribution facilities under the control of the owner or operator of the system and used primarily in connection with the system; and

(ii) Any collection or pretreatment storage facilities not under such control which are used primarily in connection with the system.

(B) A public water system does not include a system which meets all of the following conditions:

(i) Consists only of distribution and storage facilities (and does not have any collection and treatment facilities);

(ii) Obtains all of its water from, but is not owned or operated by, a public water system which otherwise meets the definition;

(iii) Does not sell water to any person; and

(iv) Is not a carrier conveying passengers in interstate commerce.

(12) ‘Release’ means any spilling, leaking, emitting, discharging, escaping, leaching or disposing of fluids from an aboveground storage tank into groundwater, surface water or subsurface soils. The term shall also include spilling, leaking, emitting, discharging, escaping, leaching or disposing of fluids from an aboveground storage tank into a containment structure or facility that poses an immediate threat of contamination of the soils, subsurface soils, surface water or groundwater: Provided, That the overfill or spillage of up to 20 gallons of fluid during the loading or unloading of liquids shall not be required to be reported if the overflow or spillage is wholly contained within a containment structure or facility, it is promptly cleaned up, and no portion of the overfill or spillage escapes onto the ground or into adjacent surface water.

(13) ‘Secondary containment’ means a safeguard applied to one or more tanks that prevents the discharge into the waters of the state of the entire capacity of the largest single tank and sufficient freeboard to contain precipitation. In order to qualify as secondary containment, the barrier and containment field must be sufficiently impervious to contain fluids in the event of a release, and may include double-walled tanks, dikes, containment curbs, pits or a drainage trench enclosures that safely confine the release from a tank in a facility catchment basin or holding pond.            (14) ‘Secretary’ means the Secretary of the Department of Environmental Protection, or his or her designee.

            (15) ‘Source water protection area’ for a public groundwater supply source is the area within an aquifer that supplies water to a public water supply well within a five-year time-of-travel, and is determined by the mathematical calculation of the locations from which a drop of water placed at the edge of the protection area would theoretically take five years to reach the well.

            (16) ‘Zone of critical concern’ for a public surface water supply is a corridor along streams within a watershed that warrant more detailed scrutiny due to its proximity to the surface water intake and the intake’s susceptibility to potential contaminants within that corridor. The zone of critical concern is determined using a mathematical model that accounts for stream flows, gradient and area topography. The length of the zone of critical concern is based on a five-hour time of travel of water in the streams to the water intake, plus an additional 1/4 mile below the water intake. The width of the zone of critical concern is 1,000 feet measured horizontally from each bank of the principal stream and 500 feet measured horizontally from each bank of the tributaries draining into the principal stream. 

§22-30-4. Inventory and registration of existing aboveground storage tanks.

            (a) To assure protection of the water resources of the state, the secretary shall compile an inventory of all aboveground storage tanks in existence this state, regardless of whether it is an operational or nonoperational storage tank on the effective date of this article. The secretary shall prescribe an inventory and registration form for this purpose within thirty days of the effective date of the enactment of this article.

            (b) At a minimum the inventory form shall identify the ownership of the tank, tank location, date of installation if known, type of construction, capacity and age of the tank, the type and volume of fluid stored therein, and the identity of and distance to the nearest groundwater public water supply intake and/or nearest surface water downstream public water supply intake.           (c)If the inventoried tank is regulated under any existing state or federal regulatory program, the owner of the tank shall be required to provide the identifying number of any license, registration or permit issued for the tank, and identify the regulatory standards and requirements the tank is required to meet.

            (d) Any aboveground storage tank placed into service on or after the effective date of this section, but prior to the establishment of a permit program, shall complete and submit an inventory form with the secretary.

            (e) Upon receipt of an inventory form, the secretary shall determine whether the storage tank is required to meet the minimum design, construction, inspection, secondary containment, leak reporting and performance standards equivalent to or greater than the standards and requirements established under an existing license or permit issued for the individual storage tank, storage tank farm or site on which the storage tank is located.

            (f) The secretary may charge a reasonable fee to cover the cost of maintaining and overseeing the inventory and registration program. The fee may be set by emergency and legislative rules proposed for promulgation in accordance with the provisions of article three, chapter twenty-nine-a of this code.

            (g) On and after October 1, 2014, it shall be unlawful for any owner or operator to operate or use an aboveground storage tank subject to this article which has not been properly registered or for which any applicable registration fee has not been paid.

§22-30-5. Aboveground Storage Tank Regulatory Program; promulgation of appropriate aboveground tank standards; permitting procedures and waiver requirements; rulemaking requirements.

            (a) The secretary shall promulgate for review and consideration by the West Virginia Legislature as legislative rules during the 2015 Regular Session of the West Virginia Legislature, on all matters related to this article.

            (b) To assure further protection of the water resources of the state, the secretary shall develop a regulatory program for new and existing aboveground storage tanks incorporating nationally recognized tank standards such as those standards developed by the American Petroleum Institute (‘API’), the Steel Tank Institute (‘STI’) or comparable authorities, and taking into account the size, location and contents of the tanks. At a minimum, the program shall include the following:

            (1) A requirement to submit a verified application for a permit containing information as may be prescribed by the secretary;

            (2) Performance standards for design, construction, installation, maintenance, corrosion detection and maintenance, release detection and prevention and secondary containment to ensure the structural integrity of the storage tank and the secondary containment;

            (3) Requirements for maintaining a leak detection system, inventory control systems together with tank testing or a comparable system or method designed to identify releases from aboveground storage tanks in a manner consistent with the protection of human health, safety, water resources and the environment;

            (4) Requirements for maintaining records of any monitoring or leak detection system, corrosion prevention, inventory control system or tank testing system;

            (5) Requirements for early detection of releases and immediate reporting of releases;

            (6) Requirements for developing a corrective action plan to expeditiously respond to any releases;

            (7) Requirements for the closure of aboveground storage tanks and remediation to prevent future releases of fluids or materials to the state’s water resources;

            (8) Requirements for certification of installation, removal, retrofit, corrosion and other testing and inspection of aboveground storage tanks, leak detection systems and secondary containment by a qualified registered professional engineer regulated and licensed by the State Board of Registration for Professional Engineers, or by an individual certified to perform tank inspections by the American Petroleum Institute, or by a person holding certification under another program approved by the secretary;

            (9) Requirements for life-cycle management of aboveground storage tanks that include mitigation and corrosion prevention plans that include but are not limited to:

            (A) A life-cycle maintenance schedule for the use of protective coatings and or other repair, rehabilitation, and maintenance methods used for the preservation of aboveground storage tanks;

            (B) A process for ensuring that corrosion prevention and mitigation is carried out according to corrosion prevention industry standards adopted by the Secretary for aboveground storage tanks that includes the use of industry trained and certified:

            (i) Protective coatings personnel to carry out surface preparation operations and coating application on any type of substrate and or surface, but especially concrete and steel;

            (ii) Cathodic protection experts for all aspects of corrosion prevention projects requiring knowledge of the design, installation, monitoring, or maintenance of a cathodic protection system; and

            (iii) Inspectors to ensure best practices and standards are adhered to on a corrosion prevention and mitigation project;

            (C) A plan to prevent environmental degradation that could occur as a result of carrying out corrosion prevention and mitigation including, but not limited to the careful handling and containment of hazardous materials, not including the contaminant within, removed from the interior and or exterior of an aboveground storage tank; and 

            (D) Use of industry experts for consultation and direct to determine whether to approve a corrosion prevention and mitigation plan, or any part therein, the Secretary shall consult, and interact directly with, corrosion industry experts specializing in the training and certification of personnel to carry out corrosion prevention and mitigation methods;

            (10) The assessment of permit application and registration fees as determined by the secretary;

            (11) Permit issuance only after the application and any other supporting documents have been submitted, reviewed and approved by the secretary, and that permits may be issued with certain conditions or contingencies;

            (12) A requirement that any aboveground storage tank maintenance work shall commence within six months from the date the permit was issued and must be completed within one year of commencement. If the work has not started or is not completed during the stated time periods, the permit shall expire and a new permit shall be required unless a written extension is granted by the secretary. An extension may be granted only if the applicant can demonstrate that the delay was not deliberate and that the delay will not present harm to human health, safety, water resources or the environment;

            (13) A procedure for the administrative resolution of violations including the assessment of administrative civil penalties;

            (14) A procedure for any person adversely affected by a decision or order of the secretary relating to the aboveground storage tank program to appeal to the Environmental Quality Board, pursuant to the provisions of article one, chapter twenty-two-b of this code;

            (15) In coordination and cooperation with the Bureau for Public Health and the Division of Homeland Security and Emergency Management, create a process and procedure for identifying any aboveground storage tanks which are located within a defined zone of critical concern for a public water system’s surface water intake or within a defined source water protection area for a public water system’s groundwater intake, and determining whether additional permit requirements and inspections should be imposed on that tank or facility by requiring the issuance of any new permit pursuant to this article, or by amending any existing permit which may pertain to that tank or facility, under this chapter, or by any other article of this chapter; and

            (16) Requirements for maintaining written or electronic records that log at least the following information for each aboveground storage tank: tank numbers, additives, verifiable content levels, deliveries, amounts and quantities, dispensing, repairs and maintenance; and including the requirement that such logs be signed by the owner or a designated responsible supervisor, and be available for inspection upon request of the secretary.

§22-30-6. Annual inspection and certification.

            (a) Every owner or operator of an aboveground storage tank regulated herein shall have an annual inspection of each tank performed by a qualified registered professional engineer or a qualified person working under the direct supervision of a registered professional engineer, regulated and licensed by the State Board of Registration for Professional Engineers, or by an individual certified to perform tank inspections by the American Petroleum Institute, or by a person holding certification under another program approved by the secretary. Every owner or operator shall submit, on a form prescribed by the secretary, a certification from the engineer that each tank, associated equipment, leak detection system and secondary containment structure meets the minimum standards established by this article or by the secretary by rule.

            (b) The certification form shall be submitted to the secretary on or before January 1, 2015, and each year thereafter.

§22-30-7. Financial responsibility.

            The secretary shall promulgate rules requiring owners and operators to provide evidence of adequate financial resources to undertake reasonable corrective action for releases of fluid from aboveground storage tanks. The means of demonstrating adequate financial responsibility may include, but not be limited to, providing evidence of current insurance, guarantee, surety bond, letter of credit, proof of assets, trust fund or qualification as a self insurer.

§22-30-8. Corrective action.

            (a) Prior to the effective date of the emergency and legislative rules promulgated pursuant to the authority granted under this article, the secretary is authorized to:

            (1) Require the owner or operator to develop a preliminary corrective action plans taking into consideration the types of fluids and types of tanks on the premises;

            (2) Require the owner or operator of an aboveground storage tank to undertake prompt corrective action to protect human health, safety, water resources or the environment from contamination caused by a release; or

            (3) Undertake immediate corrective action with respect to any release or threatened release of fluid from an aboveground storage tank when, in the judgment of the secretary, the action is necessary to protect human health, safety, water resources or the environment from contamination caused by a release.

            (b) The corrective action undertaken or required by this section shall be what may be necessary to protect human health, water resources and the environment from contamination caused by a release, including the ordered cessation or closure of a source of contamination and the ordered remediation of a contaminated site. The secretary shall use funds in the Protect Our Water Fund established pursuant to this article for payment of costs incurred for corrective action taken by the secretary in accordance with this article. In undertaking corrective actions under this section and in issuing orders requiring owners or operators to undertake the actions, the secretary shall give priority to releases or threatened releases of fluid from aboveground storage tanks that pose the greatest threat to human health, water resources or the environment.

            (c) Following the effective date of rules promulgated pursuant to this article, all actions or orders of the secretary shall be in conformity with those rules. Following the effective date of the rules, the secretary may undertake corrective action with respect to any release or threatened release of fluid from an aboveground storage tank only if, in the judgment of the secretary, the action is necessary to protect human health, safety, water resources or the environment from contamination, and one or more of the following situations exists:

            (1) If no person can be found within thirty days, or a shorter period as may be necessary to protect human health, safety, water resources and the environment, who is an owner or operator of the aboveground storage tank at issue and who is capable of carrying out the corrective action properly;

            (2) A situation exists that requires immediate action by the secretary under this section to protect human health, safety, water resources or the environment;

            (3) The cost of corrective action to be expended on an aboveground storage tank exceeds the amount of resources that the owner or operator can reasonably be expected to possess based on the information required to be submitted pursuant to this article and, considering the fluid being stored in the aboveground storage tank in question, expenditures from the Protect Our Water Fund are necessary to assure an effective corrective action; or

            (4) The owner or operator of the tank has failed or refused to comply with an order of the secretary under this article or of the Environmental Quality Board under article one, chapter twenty-two-b of this code to comply with appropriate corrective action measures ordered by the secretary or the Environmental Quality Board.

            (d) The secretary may draw upon the Protect Our Water Fund in order to take action under subdivision (1) or (2), subsection (c) of this section if the secretary has made diligent good-faith efforts to determine the identity of the owner or operator responsible for the release or threatened release and:

            (1) The secretary is unable to determine the identity of the owner or operator in a manner consistent with the need to take timely corrective action; or

            (2) The owner or operator determined by the secretary to be responsible for the release or threatened release has been informed in writing of the secretary’s determination and has been requested by the secretary to take appropriate corrective action but is unable or unwilling to take proper action in a timely manner.

            (e) The written notice to the owner or operator must inform the owner or operator that if it is subsequently found liable for releases pursuant to this section, the owner or operator will be required to reimburse the Protect Our Water Fund for the costs of the investigation, information gathering, and corrective action taken by the secretary.

            (f) If the secretary determines that immediate response to an imminent threat to human health, safety, water resources or the environment is necessary to avoid substantial injury or damage thereto, corrective action may be taken pursuant to this section without the prior written notice required by subdivision (2), subsection (d) of this section. In that case, the secretary must give subsequent written notice to the owner or operator within fifteen days after the action is taken describing the circumstances that required the action to be taken and setting forth the matters identified in subsection (e) of this section.

§22-30-9. Spill prevention response plan.

            (a) Within 180 days of the effective date of this article, each owner or operator of an aboveground storage tank shall submit a spill prevention response plan for each aboveground storage tank. Owners and operators of aboveground storage tanks shall file updated plans required to be submitted by this section no less frequently than every three years. Each plan shall be site-specific, consistent with the requirements of this article, and developed in consultation with Bureau for Public Health, county and municipal emergency management agencies. The spill prevention response plan shall at a minimum:

            (1) Identify and describe the activity that occurs at the site and identify applicable hazard and process information, including a specific listing and inventory of all types of fluids stored, amount of fluids stored, and wastes generated that are stored in aboveground storage tanks at the facility. The plan shall include the material safety data sheets (MSDS) required by the Occupational Safety and Health Administration for all fluids in use or stored in aboveground storage tanks at the facility. The material safety data sheets must include the health hazard number identified by the National Fire Protection Association. The plan shall also include drawings of the aboveground storage tank facility, including the locations of all drainage pipes and water outlets;

            (2) Identify all facility-related positions with duties and responsibilities for developing, implementing and maintaining the facility’s plan. The plan shall describe in detail the chain of command at the aboveground storage tank facility and list all facility emergency coordinators and all known emergency response contractors;

            (3) Provide a preventive maintenance program that includes monitoring and inspection procedures, including identification of stress points, employee training programs and security systems. The plan shall include a description of potential sources and areas where spills and leaks may occur by drawings and plot plans and shall identify specific spill prevention measures for those identified areas;

            (4) Detail the specific response that the aboveground storage tank facility and contract emergency personnel shall take upon the occurrence of any release of fluids from an aboveground storage tank at the facility;

            (5) Provide contact information obtained by the owner or operator of the aboveground storage tanks from the county and municipal emergency management agencies and the nearest downstream public water supply intake, and designate the person or persons to be notified in the event of a release from an aboveground storage tank; and

            (6) Provide the secretary with all other requested information.

            (b) Each owner of an aboveground storage tank with an approved spill prevention response plan shall submit to the secretary a revised plan or addendum to the plan in accordance with the requirements of this article if any of the following occur:

            (1) There is a substantial modification in design, construction, operation or maintenance of any aboveground storage tank or associated equipment, or there are other circumstances that increase the potential for fires, explosions or releases of fluids;

            (2) There is a substantial modification in emergency equipment at the facility;

            (3) There are substantial changes in emergency response protocols at the aboveground storage tank facility;

            (4) The plan fails in an emergency;

            (5) The removal or the addition of any aboveground storage tank; or

            (6) Other circumstances occur about which the secretary requests an update.

            (c) The secretary shall approve the spill prevention response plan or reject the plan and require modifications as may be necessary and reasonable to assure the protection of the source water of a public water system from a release of fluids from an aboveground storage tank. If rejected, the owner of the aboveground storage tank shall submit a revised plan to the secretary for approval within thirty days of receipt of notification of the secretary’s decision. Failure to comply with a plan approved by the secretary pursuant to this section is a violation of this article.

            (d) Nothing contained in this section relieves the owner or operator of an aboveground storage tank from his or her obligation to report any release immediately to the department’s emergency notification telephone number.

§22-30-10. Notice to local governments and water companies.

            The owner or operator of an aboveground storage tank facility shall provide as required by the secretary public notice to any public water system where the facility is located within the system’s identified groundwater supply’s Source Water Protection Area or within the system’s surface water supply’s Zone of Critical Protection, to the local municipality, if any, and to the county in which the facility is located. The notice shall provide a detailed inventory of the type and quantity of fluid stored in aboveground storage tanks at the facility and the material safety data sheets (MSDS) associated with the fluid in storage. The owner or operator shall also provide as required by the secretary a copy of the spill prevention response plan and any updates thereto, which have been approved by the secretary pursuant to this act, to the applicable public water systems and county and municipal emergency management agencies.

§22-30-11. Required signage.

            Every aboveground storage tank shall display the signage, if any, required by the Occupational Safety and Health Administration; the tank registration number, when issued by the secretary; and the emergency contact number for the owner or operator of the tank and the emergency contact number for the Department of Environmental Protection’s Spill Reporting Hotline. For the purposes of this section, the requirements for prominently posted signage shall be specified in the rules proposed for promulgation by the secretary pursuant to this article and article three, chapter twenty-nine-a of this code.

§22-30-12. Aboveground Storage Tank Administrative Fund.

            (a) The secretary shall collect annual registration fees from owners or operators of each aboveground storage tank in an amount to be promulgated in the legislative rules authorized by this article to be used by the secretary to defray the costs of administering this article: Provided, That facilities permitted under the West Virginia Surface Coal Mining and Reclamation Act that hold individual NPDES permits and approved Groundwater Protection Plans are exempt from the registration fee. All registration and permit fees and the net proceeds of all fines, penalties and forfeitures collected under this article, including accrued interest, shall be paid into a special revenue account, hereby created within the State Treasury, designated the ‘Aboveground Storage Tank Administrative Fund’.

            (b) At the end of each fiscal year, any unexpended balance, including accrued interest, on deposit in the Aboveground Storage Tank Administrative Fund shall not be transferred to the general revenue fund, but shall remain in the Aboveground Storage Tank Administrative Fund for expenditure pursuant to this section.

§22-30-13. Protect Our Water Fund.

            (a) Each owner or operator of an aboveground storage tank located in this state shall pay an annual fee to establish a fund to assure adequate response to leaking aboveground storage tanks. The amount of fees assessed pursuant to this section shall be set forth by rule. The fees must be sufficient to cover the regulatory oversight and services to be provided by designated agencies, including necessary technical and administrative personnel. The proceeds of the assessment shall be paid into a special revenue account, hereby created within the State Treasury, designated the ‘Protect Our Water Fund’, The fund shall be administered by the secretary. Expenditures from the fund shall be solely to respond to leaking aboveground storage tanks, and are not authorized from collections but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of article three, chapter twelve of this code and upon the fulfillment of the provisions set forth in article two, chapter eleven-b of this code: Provided, That for the fiscal years ending June 30, 2014 and 2015, expenditures are authorized from collections rather than pursuant to an explicit appropriation by the Legislature. At the end of each fiscal year, any unexpended balance, including accrued interest, on deposit in the Protect Our Water Fund shall not be transferred to the general revenue fund, but shall remain in the Protect Our Water Fund for expenditure pursuant to this section.

            (b) Each owner or operator of an aboveground storage tank subject to a fee assessment under subsection (a) of this section shall pay a fee based on the number of aboveground storage tanks he or she owns or operates, as applicable. The secretary shall vary the fees annually to a level necessary to produce a sufficient fund at the beginning of each calendar year.

            (c) At the end of each fiscal year, any unexpended balance, including accrued interest, on deposit in the Protect Our Water Fund shall not be transferred to the General Revenue fund, but shall remain in the Protect Our Water Fund.

            (d) The secretary may enter into agreements and contracts and to expend the moneys in the fund for the following purposes:

            (1) Responding to aboveground storage tank releases when, based on readily available information, the secretary determines that immediate action is necessary to prevent or mitigate significant risk of harm to human health, safety, water resources or the environment from contamination caused by a release of fluid from aboveground storage tanks in situations for which no federal funds are immediately available for the response, cleanup or containment: Provided, That the secretary shall apply for and diligently pursue all available federal funds at the earliest possible time;

            (2) Reimbursing any nonresponsible parties for reasonable cleanup costs incurred with the authorization of the secretary in responding to an aboveground storage tank release; or

            (3) Reimbursing any nonresponsible parties for reasonable costs incurred with the authorization of the secretary responding to perceived, potential or threatened releases from aboveground storage tanks.

            (e) The secretary, through a cooperative agreement with another state regulatory agency, in this or another state, may use the fund to compensate the cooperating agency for expenses the cooperating agency incurs in carrying out regulatory responsibilities that agency may have pursuant to this article.

§22-30-14. Public access to information.

            (a) The public shall have access to all documents and information submitted to the agency, subject to the limitations contained in the state Freedom of Information Act, article one, chapter twenty-nine-b of this code. Records, reports or information obtained from any persons under this article may be disclosed to other officers, employees or authorized representatives of this state or federal agency implementing the provisions of this article or any other applicable law related to releases of fluid from aboveground storage tanks that impact the states water resources. 

            (b) A list of the potential sources of significant contamination contained within the zone of critical concern as provided by the Department of Environmental Protection, the Bureau for Public Health and the Division of Homeland Security and Emergency Management may be disclosed. The exact location of the contaminants within the zone of critical concern is not subject to public disclosure in response to a Freedom of Information Act request under article one, chapter twenty-nine-b of this code. However, the location, characteristics and approximate quantities of potential sources of significant contamination within the zone of critical concern shall be made known to one or more designees of the public water utility, and shall be maintained in a confidential manner by the public water utility. In the event of a chemical spill, release or related emergency, information pertaining to any spill or release of contaminant shall be immediately disseminated to any emergency responders responding to the site of a spill or release, and the general public shall be promptly notified in the event of a chemical spill, release or related emergency.

§22-30-15. Inspections, monitoring and testing.

            (a) For the purposes of developing or assisting in the development of any rule, conducting any study, taking any corrective action or enforcing any provision of this article, any owner or operator of an aboveground storage tank shall, upon request of the secretary:

            (1) Furnish information relating to the aboveground storage tanks, their associated equipment and contents;

            (2) Conduct reasonable monitoring or testing;

            (3) Permit the secretary, at all reasonable times, to inspect and copy records relating to aboveground storage tanks; and

            (4) Permit the secretary to have access to the aboveground storage tanks for corrective action.

            (b) For the purposes of developing or assisting in the development of any rule, conducting any study, taking corrective action or enforcing any provision of this article, the secretary may:

            (1) Enter at any time any establishment or other place where an aboveground storage tank is located;

            (2) Inspect and obtain samples of any fluid contained in an aboveground storage tank from any person;

            (3) Conduct monitoring or testing of the aboveground storage tanks, associated equipment, contents or surrounding soils, surface, water or groundwater; and

            (4) Take corrective action as specified in this article.

            (c) Each inspection shall be commenced and completed with reasonable promptness.

            (d) To ensure protection of the water resources of the state and compliance with any provision of this article or rule promulgated thereunder, the secretary shall inspect at least annually any aboveground storage tank facility located within the Zone of Critical Concern of a public water system with a public surface water supply source or a public surface water influenced groundwater supply source.

§22-30-16. Administrative orders; injunctive relief.

            (a) When the secretary determines, on the basis of any information, that a person is in violation of any requirement of this article or the rules promulgated thereunder, the secretary may issue an order stating with reasonable specificity the nature of the violation and requiring compliance within a reasonable specified time period, or the secretary may commence a civil action in the circuit court of the county in which the violation occurred or in the circuit court of Kanawha County for appropriate relief, including a temporary or permanent injunction. The secretary may, except as provided in subsection (b) of this section, stay any order he or she issues upon application, until the order is reviewed by the Environmental Quality Board.

            (b) In addition to the powers and authority granted to the secretary by this chapter to enter into consent agreements, settlements, and otherwise enforce this chapter, the secretary shall propose rules for legislative approval to establish a mechanism for the administrative resolution of violations set forth in this article through consent order or agreement as an alternative to instituting a civil action.

§22-30-17. Civil and criminal penalties.

            (a) Any person who fails to comply with an order of the secretary issued under subsection (a), section sixteen of this article within the time specified in the order is liable for a civil penalty of not more than $25,000 for each day of continued noncompliance.

            (b) Any owner or operator of an aboveground storage tank who knowingly fails to register or obtain a permit required by this article for an aboveground storage tank or submits false information pursuant to this article is liable for a civil penalty not to exceed $10,000 for each aboveground storage tank that is not registered or permitted or for which false information is submitted.

            (c) Any owner or operator of an aboveground storage tank who fails to comply with any requirement of this article or any standard promulgated by the secretary pursuant to this article is subject to a civil penalty not to exceed $10,000 for each day of violation.

            (d) Any person who knowingly and intentionally violates any provision of this article shall be guilty of a misdemeanor, and, upon conviction thereof, shall be confined in a regional jail for a period of time not exceeding one year, and be fined an amount not to exceed $25,000.

            (e) Any person convicted of a second or subsequent willful violation of subsection (d) of this section or knowingly and willfully violates any provision of any permit, rule or order issued under or subject to the provisions of this article is guilty of a felony and, upon conviction, shall be imprisoned in a correctional facility not less than one nor more than three years, or fined not more than $50,000 for each day of violation, or both fined and imprisoned.

            (f) Any person may be prosecuted and convicted under the provisions of this section notwithstanding that none of the administrative remedies provided in this article have been pursued or invoked against said person and notwithstanding that civil action for the imposition and collection of a civil penalty or an application for an injunction under the provisions of this article has not been filed against such person.

            (g) Where a person holding a permit is carrying out a program of pollution abatement or remedial action in compliance with the conditions and terms of the permit, the person is not subject to criminal prosecution for pollution recognized and authorized by the permit.

            (h) Civil penalties are payable to the secretary. All moneys collected under this section for civil fines collected under this article shall be deposited into a restricted account known as the ‘Protect Our Water Fund’. All money deposited into this account shall be used by the secretary to solely to respond to leaking aboveground storage tanks.

§22-30-18. Appeal to Environmental Quality Board.

            Any person aggrieved or adversely affected by an order of the secretary made and entered in accordance with the provisions of this article may appeal to the Environmental Quality Board, pursuant to the provisions of article one, chapter twenty-two-b of this code.

§22-30-19. Duplicative enforcement prohibited.

            No enforcement proceeding brought pursuant to this article may be duplicated by an enforcement proceeding subsequently commenced under some other article of this code with respect to the same transaction or event, unless the subsequent proceeding involves the violation of a permit or permitting requirement of other article.

§22-30-20. Reporting and accountability.

            (a) Every year, the secretary shall submit a report to the Joint Legislative Oversight Commission on State Water Resources and the Joint Committee on Government and Finance which assesses the effectiveness of this article and provides other information as may be requested by the commission to allow it to assess the effectiveness of this article, including without limitation the secretary’s observations concerning all aspects of compliance with this article and any legislative rules promulgated pursuant hereto, the regulatory process, and any pertinent changes to federal rules or regulations.

            (b) The secretary shall keep accurate accounts of all receipts and disbursements related to the administration of the Aboveground Storage Tank Administrative Fund and shall make a detailed annual report to the Joint Legislative Oversight Commission on State Water Resources and the Joint Committee on Government and Finance addressing the administration of the fund.

            (c) The secretary shall keep accurate accounts of all receipts and disbursements related to the administration of the Protect Our Water Fund and shall make a specific annual report to the Joint Legislative Oversight Commission on State Water Resources and the Joint Committee on Government and Finance addressing the administration of the fund.

§22-30-21. Interagency cooperation.

            (a) In implementation of this article, the secretary shall coordinate with the Department of Health and Human Resources, the West Virginia Public Service Commission and local health departments to ensure the successful planning and implementation of this act, including consideration of the role of those agencies in providing services to owners and operators of aboveground storage tanks and public water systems.

            (b) The secretary shall also coordinate with state and local emergency response agencies to prepare and issue appropriate emergency response plans to facilitate a coordinated emergency response and incident command and communication between the owner or operator of the aboveground storage tank, the state and local emergency response agencies and the affected public water system.

            (c) The secretary shall also coordinate with the State Fire Marshal in addressing the periodic inspection of local fire departments to include a requirement for inspectors to examine and identify the status of National Incident Management System fire department personnel training.

§22-30-22. Imminent and substantial danger.

            (a) Notwithstanding any other provision of this chapter to the contrary, upon receipt of evidence that an aboveground storage tank may present an imminent and substantial danger to human health, water resources or the environment, the secretary may bring suit on behalf of the State of West Virginia in the Circuit Court of Kanawha County against any owner or operator of an aboveground storage tank who has contributed or who is contributing to imminent and substantial danger to public health, safety, water resources or the environment to order the person to take action as may be necessary to abate the situation and protect human health, safety, water resources and the environment from contamination caused by a release of fluid from an aboveground storage tank.

            (b) Upon receipt of information that there is any aboveground storage tank that presents an imminent and substantial danger to human health, safety, water resources or the environment, the secretary shall provide immediate notice to the appropriate state and local government agencies and any affected public water system. In addition, the secretary shall require notice of any danger to be promptly posted at the aboveground storage tank facility containing the aboveground storage tank at issue.

§22-30-23. Promulgation of rules.

            The secretary shall promulgate emergency and legislative rules as necessary to implement the provisions of this article in accordance with the provisions of article three, chapter twenty-nine-a of this code.

§22-30-24. Powers and duties of secretary.

            (a) In addition to the powers and duties prescribed in this chapter or otherwise provided by law, the secretary has the exclusive authority to perform all acts necessary to implement this article.

            (b) The secretary may receive and expend money from the federal government or any other sources to implement this article.

            (c) The secretary may revoke any registration, authorization or permit for a violation of this article or the rules promulgated hereunder

            (d) The secretary may issue orders, assess civil penalties, institute enforcement proceedings and prosecute violations of this article as necessary.

            (e) The secretary, in accordance with this article, may order corrective action to be undertaken, take corrective action or authorize a third party to take corrective action.

            (f) The secretary may recover the costs of taking corrective action, including costs associated with authorizing third parties to perform corrective action. Costs may not include routine inspection and administrative activities not associated with a release.

§22-30-25. Scope of article; waiving additional permitting requirements for certain categories of aboveground storage tanks; establishing a process for granting waivers for additional categories of ground storage tanks, by legislative rule, upon verification that the category of tanks are regulated under comparable or more rigorous protective state or federal standards.

            (a) While all aboveground storage tanks shall be required to participate in the inventory and registration process set forth in section four of this article, the following categories of containers and tanks shall not be required to be permitted under section five of this article, either because they do not represent a substantial threat of contamination, or they are currently regulated under standards which meet or exceed the protective standards and requirements set forth in this article:

            (1) An aboveground storage tank containing drinking water, filtered surface water, demineralized water, noncontact cooling water or water stored for fire or emergency purposes;

            (2) Any natural gas or propane tanks regulated under NFPA 58-30A or NFPA 58-30B;

            (3) Septic tanks;

            (4) A pipeline facility, including gathering lines, regulated under the Natural Gas Pipeline Safety Act of 1968 or the Hazardous Liquid Pipeline Safety Act of 1979, or an intrastate pipeline facility regulated by the West Virginia Public Service Commission or otherwise regulated under any state law comparable to the provisions of either the Natural Gas Pipeline Safety Act of 1968 or the Hazardous Liquid Pipeline Safety Act of 1979;

            (5) Equipment or machinery containing substances for operational purposes, including integral hydraulic lift tanks, lubricating oil reservoirs for pumps and motors, electrical equipment and heating and cooling equipment;

            (6) A mobile tank, truck or rail car that is located on a site for less than sixty consecutive calendar days;

            (7) Liquid traps or associated gathering lines related to oil or gas production and gathering operations;

            (8) A surface impoundment, pit, pond or lagoon;

            (9) Above ground storage tanks for which spill prevention, control, and countermeasure plans are required by the Environmental Protection Agency (EPA) under 40 CFR part 112 [oil pollution prevention], unless located within a zone of critical protection.

            (b) The Department of Environmental Protection may designate, by legislative rule, additional categories of aboveground storage tanks which for which an individual aboveground storage tank permit may be waived, after confirming that the tank is regulated under an existing state or federal regulatory permit or enforceable standard which includes, but is not limited to, the following:

            (1) Secondary containment with an impermeable base, which is sufficient to fully contain the contents of the tank or the contents of the largest tank in the group of tanks in the event of a leak from spilling out onto the ground or adjacent surface water;

            (2) Spill prevention, leak detection and control and inspection requirements which meet or exceed the standards established by the article or by rules promulgated thereunder;

            (3) Regular inspections and routine integrity testing requirements which are equally protective to the requirements established pursuant to this article or any rules promulgated thereunder; and

            (4) Emergency response and notification requirements which are at least as prompt and comprehensive as the emergency response and notification requirements established by this article or any rules promulgated thereunder.

            (c) In lieu of requiring a separate permit issued under this section, the secretary may adopt rules that would allow the requirements of this article to be incorporated into, and enforced through, the state-only portion of a National Pollutant Discharge Elimination System (NPDES) permit, a permit under Article 6 or 6A of this chapter or a Spill Prevention Control and Countermeasure plan submitted to and approved by the secretary.

            (d) If the above ground storage tank or tanks for a location are to be regulated pursuant to a general NPDES permit or an individual NPDES permit, the secondary containment, spill prevention, leak detection and control requirements, inspection requirements, reporting requirements and routine integrity testing requirements for that tank or tanks are to be specifically set forth as enforceable permit conditions and requirements. 

ARTICLE 31. THE PUBLIC WATER SUPPLY PROTECTION ACT.

§22-31-1. Short title.

            This article may be known and cited as the Public Water Supply Protection Act.

§22-31-2. Legislative findings.

            (a) The West Virginia Legislature finds that it is in the public policy of the State of West Virginia to protect and conserve the water resources which are relied upon by the state and its citizens. The state’s water resources are vital natural resources that are essential to maintain, preserve and promote human health, quality of life and economic vitality of the state.

            (b) The West Virginia Legislature further finds that it is the public policy of the state that clean, uncontaminated water be available for its citizens who are dependent on clean water as a basic need for survival, and who rely on the assurances from public water systems and the government that the water is safe to consume.

            (c) The West Virginia Legislature further finds that it is the public policy of the state that clean, uncontaminated water be available to its businesses and industries that rely on water for their economic survival, and the wellbeing of their employees. These include hospitals and the medical industry, schools and educational institutions, the food and hospitality industries, the tourism industry, manufacturing, coal, natural gas and other industries. Businesses and industries searching for places to locate or relocate consider the quality of life for their employees as well as the quality of the raw materials such as clean water.

            (d) The Legislature further finds that large quantities of fluids are stored in aboveground storage tanks, below ground storage tanks, in impoundments and other locations which pose a threat of potential contamination to surface waters and groundwaters which are relied upon as primary sources of public water supplies in the state. Emergency situations involving these fluids can and will arise that may present a hazard to human health, safety, the water resources, the environment and the economy of the state.

            (e) It is important that the public water systems, the responding emergency providers and regulatory inspectors and personnel require complete and accurate information regarding the volume, identity, characteristics and qualities of each potential source of significant contamination to efficiently and accurately anticipate and respond to any associated threat to the public posed by a leak or spill event.

            (f) The Legislature also finds it reasonable and appropriate to impose additional regulatory oversight and reporting requirements for potential contaminants which are in close proximity to a public water intake, due to the sudden and devastating impact that potential contaminants in that zone pose to a public water’s system’s critical source of supply.

§22-31-3. Definitions.

            For the purposes of this article:

            (1) ‘Potential source of significant contamination’ means a facility or activity that store, uses or produces compounds with potential for significant contaminating impact if released into the source water of a public water supply.

            (2) ‘Public water system’ means;

            (A) Any water supply or system which regularly supplies or offers to supply water for human consumption through pipes or other constructed conveyances, if serving at least an average of twenty-five individuals per day for at least sixty days per year, or which has at least fifteen service connections, and shall include:

            (i) Any collection, treatment, storage and distribution facilities under the control of the owner or operator of the system and used primarily in connection with the system; and

            (ii) Any collection or pretreatment storage facilities not under such control which are used primarily in connection with the system.

            (B) A public water system does not include a system which meets all of the following conditions:

            (i) Consists only of distribution and storage facilities (and does not have any collection and treatment facilities);

            (ii) Obtains all of its water from, but is not owned or operated by, a public water system which otherwise meets the definition;

            (iii) Does not sell water to any person; and

            (iv) Is not a carrier conveying passengers in interstate commerce.

            (4) ‘Public groundwater supply source’ means a primary source of water supply for a public water system which is directly drawn from a well, underground stream, underground reservoir, underground mine or other primary source of water supplies which is found underneath the surface of the state.

            (5) ‘Public surface water supply source’ means a primary source of water supply for a public water system which is directly drawn from rivers, streams, lakes, ponds, impoundments or other primary sources of water supplies which are found on the surface of the state.

            (6) ‘Public surface water influenced groundwater supply source’ means a source of water supply from a public water system which is directly drawn from an underground well, underground river or stream, underground reservoir or underground mine, and the quantity and quality of the water in that underground supply source is heavily influenced, directly or indirectly, by the quantity and quality of surface water in the immediate area.

            (7) ‘Zone of Critical Concern’ for a public surface water supply is a corridor along streams within a watershed that warrant more detailed scrutiny due to its proximity to the surface water intake and the intake’s susceptibility to potential contaminants within that corridor. The Zone of Critical Concern is determined using a mathematical model that accounts for stream flows, gradient and area topography. The length of the Zone of Critical Concern is based on a five-hour time of travel of water in the streams to the water intake, plus an additional 1/4 mile below the water intake. The width of the Zone of Critical Concern is 1,000 feet measured horizontally from each bank of the principal stream and 500 feet measured horizontally from each bank of the tributaries draining into the principal stream.

§22-31-4. Inventory of potential sources of significant contamination in a Zone of Critical Concern; registration; permitting; and notice.

            (a) To assure protection of the water resources of the state, the secretary, working in collaboration with the Bureau of Public Health and the Division of Homeland Security and Emergency Management, shall compile an inventory of all potential sources of significant contamination contained within a public water system’s Zone of Critical Concern for all public water systems whose source of supply is obtained from a surface water supply source or a surface water influenced groundwater supply source.

            (b) If the secretary shall determine that a designated potential significant source of contamination is not currently permitted and subject to regulation by the secretary under one or more articles of this chapter, and the secretary determines that the public interest in protecting the public drinking waters of the state warrant additional regulation and inspection of the site to protect the public interests, the secretary may require the owner and operator of that facility to register and obtain a permit for its location pursuant to the provisions of this article.

            (c) Within sixty days of the date receiving notice from the secretary of the facility’s obligation to register pursuant to this article, the owner or operator shall register the location pursuant to the provisions of this section.

            (d) The secretary shall prescribe a registration form for this purpose within thirty days of the effective date of the enactment of this article. Any potential significant sources of contamination within a public water system’s defined Zone of Critical Concern which are required to register with the Department of Environmental Protection pursuant to this section shall do so within sixty days from the receiving notice of their obligation to register.

            (e) Any potential source of significant contamination placed into service on and after the effective date of this section, but prior to the establishment of a permit program, may be required to register by the secretary at any time.

            (f) The secretary may charge a reasonable fee to cover the cost of the registration and permitting program. The fee may be set by emergency and legislative rules proposed for promulgation in accordance with the provisions of article three, chapter twenty-nine-a of this code: Provided, That facilities permitted under the West Virginia Surface Coal Mining and Reclamation Act that hold individual NPDES permits and approved Groundwater Protection Plans are exempt from the fees under this section.

§22-31-5. Promulgation of rules.

            The secretary shall promulgate emergency and legislative rules as necessary to implement the provisions of this article in accordance with the provisions of article three, chapter twenty-nine-a of this code.

§22-31-6. Powers and duties of secretary.

            (a) In addition to the powers and duties prescribed in this chapter or otherwise provided by law, the secretary has the exclusive authority to perform all acts necessary to implement this article.

            (b) The secretary is authorized to utilize his or her authority under the West Virginia Water Pollution Control Act to require appropriate permitting and any other conditions or limitations to assure protection of water intakes in zones of critical concern.

            (c) The secretary may receive and expend money from the federal government or any other sources to implement this article.

            (d) The secretary may revoke any registration, authorization or permit for a violation of this article or the rules promulgated hereunder.

            (e) The secretary may issue orders, assess civil penalties, institute enforcement proceedings and prosecute violations of this article as necessary.

            (f) The secretary, in accordance with this article, may order corrective action to be undertaken, take corrective action or authorize a third party to take corrective action.

            (g) The secretary may recover the costs of taking corrective action, including costs associated with authorizing third parties to perform corrective action. Costs may not include routine inspection and administrative activities not associated with a release.

§22-31-7. Public access to information.

            (a) Subject to the exemptions listed in section four, article one, chapter twenty-nine-b of this code, the public shall have access to all documents and information submitted to the agency in accordance with this section pursuant to the state Freedom of Information Act. Records, reports or information obtained from any persons under this article may be disclosed to other officers, employees or authorized representatives of this state or the United States Environmental Protection Agency or of this state if the officers, employees or authorized representatives are implementing the provisions of this article or any other applicable law related to releases of contaminants tanks that impact the state’s water resources.

            (b) In submitting data under this article, a person required to provide the data may designate the data that he or she believes is entitled to protection under this section and may submit the designated data separately from other data submitted under this article. A designation under this subsection shall be made in writing and in a manner as the secretary may prescribe.

            (c)The Department of Environmental Protection shall provide a copy of the compiled list of contaminants in each Zone of Critical Concern to the affected public water system, the Bureau for Public Health, the Department of Environmental Protection and the Division of Homeland Security and Emergency Management. This will enable those entities to possess a compiled list of the types, quantities, characteristics and locations of all of the known potential contaminants within the Zone of Critical Concern for each public water supply. If any of the submitted information is requested to be kept confidential and good cause is found to grant the request, for reasons of security or other legitimate public interest concern, the protected information shall be redacted from public view and kept confidential, and it shall not be subject to public release in response to a Freedom of Information Act request under made under chapter twenty-nine-b of this code.

§22-31-8. Inspections, monitoring and testing.

            (a) For the purposes of developing or assisting in the development of any rule, conducting any study, taking any corrective action or enforcing any provision of this article, any owner or operator of designated site of potential contamination within a Zone of Critical Concern shall, upon request of the secretary:

            (1) Furnish information relating to the site and potential contaminants on the site, their aboveground and underground storage tanks, their associated equipment and contents;

            (2) Conduct reasonable monitoring or testing;

            (3) Permit the secretary, at all reasonable times, to inspect and copy records relating to the facilities and equipment used to store or contain the potential contaminants; and

            (4) Permit the secretary to have access to the site for corrective action.

            (b) For the purposes of developing or assisting in the development of any rule, conducting any study, taking corrective action or enforcing any provision of this article, the secretary may:

            (1) Enter at any time any establishment or other place where on the site or where the potential contaminant is located;

            (2) Inspect and obtain samples of any fluid contained or stored on the site from any person;

            (3) Conduct monitoring or testing of the site and any associated aboveground storage tanks, underground storage tanks, associated equipment, contents or surrounding soils, surface, water or groundwater; and

            (4) Take corrective action as specified in this article.

            (c) Each inspection shall be commenced and completed with reasonable promptness.

            (d) To ensure protection of the water resources of the state and compliance with any provision of this article or rule promulgated thereunder, the secretary shall inspect at least annually any designated site of potential contamination which is located within the Zone of Critical Concern for a public water system’s surface water intake.

            (e) Due to the potential impact of contaminants within a Zone of Critical Concern on public drinking water supplies, whenever there is an apparent spill of a chemical or substance within a zone of critical concern for a public water system, the Director of the Bureau for Public Health, and his or her representatives or designees, shall have the same right to enter, inspect and conduct sampling and monitoring at any site that is extended by this article to the Department of Environmental Protection.

§22-31-9. Secretary authority to require individual NPDES permits within a Zone of Critical Concern.

            Because of the potential public health impact of pollution to downstream public water intakes in a watershed basin designated in an area of critical concern, on and after September 1, 2014, any permittee which presently holds a National Pollutant Discharge Elimination System (NPDES) general permit pursuant to the Federal Water Pollution Control Act for a site which is located within any public water system’s Zone of Critical Concern may be required by the secretary to apply for and hold an individual permit under that Act. Any general NPDES permit held currently under that act shall remain in effect until the individual NPDES permit is either issued or denied.

§22-31-10. Civil and criminal penalties.

            (a) Any person who fails to comply with an order of the secretary issued pursuant to this article the time specified in the order is liable for a civil penalty of not more than $25,000 for each day of continued noncompliance.

            (b) Any owner or operator of a site designated as a potential source of significant contamination within a Zone of Critical Concern above a public water intake who knowingly fails to register or obtain a permit for an aboveground storage tank or submits false information pursuant to this article is liable for a civil penalty not to exceed $10,000 for each aboveground storage tank that is not registered or permitted or for which false information is submitted.

            (c) Any owner or operator of a site designated as a potential source of significant contamination within a Zone of Critical Concern above a public water intake who fails to comply with any requirement of this article or any standard promulgated by the secretary pursuant to this article is subject to a civil penalty not to exceed $10,000 for each day of violation.

            (d) Any person who knowingly and intentionally violates any provision of this article shall be guilty of a misdemeanor, and, upon conviction thereof, shall be confined in a regional jail for a period of time not exceeding one year, and be fined an amount not to exceed $25,000.

            (e) Any person convicted of a second or subsequent willful violation of subsections (b) or (c) of this section or knowingly and willfully violates any provision of any permit, rule or order issued under or subject to the provisions of this article is guilty of a felony and, upon conviction, shall be imprisoned in a correctional facility not less than one nor more than three years, or fined not more than $50,000 for each day of violation, or both fined and imprisoned.

            (f) Any person may be prosecuted and convicted under the provisions of this section notwithstanding that none of the administrative remedies provided in this article have been pursued or invoked against said person and notwithstanding that civil action for the imposition and collection of a civil penalty or an application for an injunction under the provisions of this article has not been filed against such person.

            (g) Where a person holding a permit is carrying out a program of pollution abatement or remedial action in compliance with the conditions and terms of the permit, the person is not subject to criminal prosecution for pollution recognized and authorized by the permit.

§22-31-11. Appeal to Environmental Quality Board.

            A person aggrieved or adversely affected by an order of the secretary made and entered in accordance with the provisions of this article may appeal to the Environmental Quality Board, pursuant to the provisions of article one, chapter twenty-two-b of this code.

§22-31-12. Public Water System Supply Study Commission.

            (a) There is hereby established the ‘Public Water System Supply Study Commission’ which is created for the purpose of studying and reporting back to the Joint Committee on Government and Finance on the following subject matters:

            (1) A review and assessment of the effectiveness and the quality of information contained in updated source water protection plans required for certain public water systems by the provisions of section nine-c, article one, chapter sixteen of this code;

            (2) A review and assessment of the effectiveness of Legislation enacted during the 2014 Regular Session of the West Virginia Legislature, as it pertains to assisting public water systems in identifying and reacting or responding to identified potential sources of significant contamination, and increasing public awareness and public participation in the emergency planning and response process;

            (3) The extent of available financing and funding alternatives which are available to existing public water systems to pursue projects which are designed to create alternate sources of supply or increased stability of supply in the event of a spill, release or contamination event which impairs the water system’s primary source of supply; and

            (4) Any recommendations or suggestions the Study Commission may offer to improve the infrastructure of existing public water systems, to provide safe and reliable sources of supplies, and to pursue other measures designed to protect the integrity of public water service.

            (b) The study commission shall consist of the following eleven members, who shall be appointed and comprised as follows:

            (1) Four members appointed by the Governor, one of whom shall be a professional engineer experienced in the design and construction of public water systems; one of whom shall be a hydrologist or other expert experienced in determining the flow characteristics of rivers and streams; one of whom shall be an environmental toxicologist or other public health expert who is familiar the impact of contaminants on the human body; and one citizen representative;

            (2) One representative designated by the Rural Water Association;

            (3) One representative designated by the Municipal League;

            (4) The Secretary of the Department of Environmental Protection or his or her designee;

            (5) The Commissioners of the Bureau for Public Health or his or her designee;

            (6) The Chairman of the Public Service Commission or his or her designee;

            (7) One nonvoting member appointed by the President of the Senate; and

            (8) One nonvoting member appointed by the Speaker of the House of Delegates.

            (c) Reports by the Commission shall be submitted to the Joint Committee on Government and Finance on or before December 15 of each year, beginning December 15, 2014.”

*********************************

*********************************

            On motion of Delegate Manchin, the amendment was amended on page eighty-seven, section twelve, line four, at the end of subdivision (3), by striking out the word “and”, and adding a new subdivision to read as follows:

            “(4) A review and consideration of the recommendations of the U.S. Chemical Safety and Hazard and Investigation Board after its investigation of the Bayer CropScience incident of 2008; and” and a comma, and by renumbering the remaining subdivisions of that subsection accordingly.

            On page eighty-seven, section twelve, line ten, immediately following the word “following”, by striking out the word “eleven” and inserting in lieu thereof the word “twelve”.

            And,

            On page eighty-seven, line twenty-six, following the end of subdivision (5), by addition a new subdivision as follows:

            “(6) The Director of the Division of Homeland Security and Emergency Management or his or her designee”and a semicolon, and by renumbering the remaining subdivisions in that subsection accordingly.

            On motion of Delegate Manchin, the amendment was amended on page sixty-eight, section twenty-one, line seven, immediately following the word “Commission”, by inserting a comma and the words “the Division of Homeland Security and Emergency Management”.

            On page seventy-one, section twenty-five, line fourteen, immediately following the word “tanks”, by adding the words “and home aeration systems”.

            On page seventy-three, section twenty-five, line nine, by inserting the word “or” immediately following the first occasion the word “permit” is found on that line, by deleting the comma and adding the word “or”and a period on line ten following the word “chapter”, and deleting the remainder of the sentence in subsection (c).

            And,

            On page seventy-three, section twenty-five, line twelve, by striking out the provisions of subsection (d) in its entirety and inserting in lieu thereof the following:

            “ (d) If the aboveground storage tank or tanks’ location is to be regulated pursuant to a general NPDES permit or an individual NPDES permit, the secondary containment, spill prevention, leak detection and control requirements, inspection requirements, reporting requirements and routine integrity testing requirements for that tank or tanks are to be specifically set forth as enforceable permit conditions and requirements.”

            On motion of Delegate Skinner, an amendment to the amendment was adopted on page forty-one, section three, line five, immediately following the word “quantity”, by striking out the word “and” and replacing it with the word “or”.

            On motion of Delegates Skinner, Ellem, Fleischauer and Hamilton the amendment was amended on page fifty-eight, section twelve, beginning on line twenty-three, immediately following the word “article”, by replacing the colon with a period, and removing the remainder of that sentence through line twenty-six.

            And,

            On page seventy-nine, section four, beginning on line twelve, immediately following the word “code”, by replacing the colon with a period, and removing the remainder of subsection (f).

            An amendment to the amendment, offered by Delegates Williams and Skaff, was reported by the Clerk on page forty-five, section four, line six, by striking out the period and inserting a colon and the following:

             Provided, That persons owning a commercial establishment which utilizes an above ground storage tanks for public sale of gasoline, diesel fuel, off road/heating oil or kerosene, if the tank has an adequate secondary containment system, or the tank is double walled, and the owner is submitting a tier II report to the local Emergency Medical Services 911 Center and to local first responders, and permitting of the establishment is as a retail facility and it is not being regulated as a storage facility (tank farm), shall only be subject to a one-time registration fee.”

            On the adoption of the amendment to the amendment, Delegate Walters demanded the yeas and nays, which demand was sustained.

            The yeas and nays having been ordered, they were taken (Roll No. 277), and there were--yeas 76, nays 20, absent and not voting 4, with the nays and absent and not voting being as follows:

            Nays: Caputo, Diserio, Ellem, Ferro, Fleischauer, Fragale, Guthrie, Hunt, Jones, Kinsey, Manchin, Manypenny, McCuskey, Moore, D. Poling, M. Poling, Poore, Skinner, Swartzmiller and Wells.

            Absent and Not Voting: Longstreth, J. Nelson, Paxton and Raines.

             So, a majority of the members present and voting having voted in the affirmative, the amendment to the amendment was adopted.

            Delegates Marcum,Tomblin, Eldridge, R. Phillips and Barker moved to amend the amendment on page fifty-eight, line twenty-six, by striking out the period after the word “fee” and inserting a colon and the following:

            Provided, That for facilities covered by an individual National Pollutant Discharge Elimination System (NPDES) permit, a permit issued under Article 6 or 6A of this chapter or a Spill Prevention Control and Countermeasure plan, no separate registration fee or permit fee shall be assessed pursuant to this article.”

            On page fifty-nine, line fourteen, by striking out the period after the word “tanks” and inserting a colon and the following:

            Provided, That for facilities covered by an individual National Pollutant Discharge Elimination System (NPDES) permit, a permit issued under Article 6 or 6A of this chapter or a Spill Prevention Control and Countermeasure plan, no separate registration fee or permit fee shall be assessed pursuant to this article.”

            And,

            On page seventy-nine, section four, line fifteen, by striking out the period after the word “tanks” and inserting a colon and the following:

            Provided, That for facilities covered by an individual National Pollutant Discharge Elimination System (NPDES) permit, a permit issued under Article 6 or 6A of this chapter or a Spill Prevention Control and Countermeasure plan, no separate registration fee or permit fee shall be assessed pursuant to this article.”

            On the adoption of the amendment to the amendment, Delegate Marcum demanded the yeas and nays, which demand was sustained.

            Delegates Armstead and Swartzmiller requested to be excused from voting on the adoption of the amendment, under the provisions of House Rule 49.

            The Speaker replied that the Members were members of a class of persons possibly to be affected by the passage of the bill but exhibited no direct personal or pecuniary interest therein, and refused to excuse the Member from voting.

            The yeas and nays having been ordered, they were taken (Roll No. 278), and there were--yeas 55, nays 41, absent and not voting 4, with the nays and absent and not voting being as follows:

            Nays: Miley, Anderson, Barill, Barrett, Border, Caputo, Diserio, Ellem, Ferro, Fleischauer, Fragale, Guthrie, Hamilton, Hunt, Iaquinta, Ireland, Jones, Kinsey, Lawrence, Lynch, Manchin, Manypenny, Marshall, McCuskey, Moore, Morgan, Perdue, Perry, Pethtel, L. Phillips, Pino, D. Poling, M. Poling, Poore, Reynolds, Skinner, P. Smith, Staggers, Stephens, Swartzmiller and Wells.

            Absent and Not Voting: Longstreth, J. Nelson, Paxton and Raines.

             So, a majority of the members present and voting having voted in the affirmative, the amendment to the amendment was adopted.

            An amendment to the amendment, offered by Delegate Swartzmiller, was reported by the Clerk.

            Whereupon,

            Delegate Swartzmiller asked and obtained unanimous consent that the amendment be withdrawn.

            An amendment to the amendment, offered by Delegates Poore, Guthrie, Hunt, Armstead, Lane, McCuskey, Moore, Skinner, Manypenny, Wells, Ellem, Frich, Walters and Perdue was reported by the Clerk on page twenty, preceding line fifteen, by inserting the following:

Ҥ16-1-9e. Long-term Medical Study.

            The Bureau of Public Health shall endeavor to engage the CDC and other federal agencies for the purpose of creating, organizing and implementing a medical study to assess any long term health effects resulting from the chemical spill that occurred on January 9, 2014, and which exposed the public to chemicals, including 4-methylcyclohexane.

            The commissioner shall conduct such study pursuant to the authority granted to the commissioner pursuant to article one, section six, chapter sixteen of this code; Provided, That, in the event the commissioner determines that, in order to adequately perform such study, additional authority is required, the commissioner shall provide a report of such additional authority requested to the Governor and the Joint Committee on Government and Finance.

            The commissioner shall cause to be collected and preserved information from health providers who treated patients presenting with symptoms diagnosed as having been caused or exacerbated as a result of exposure related to the January 9, 2014, chemical spill. The commissioner shall analyze such data and other information deemed relevant by the commissioner and provide a report of the commissioner’s findings regarding potential long term health effects of the January 9, 2014, chemical spill to the Joint Committee on Health by January 1, 2015, including the results of its efforts to engage federal cooperation and assistance for a long term comprehensive study on the costs of conducting such study on behalf of the state.”

            On the adoption of the amendment to the amendment, Delegate Poore demanded the yeas and nays, which demand was sustained.

            The yeas and nays having been ordered, they were taken (Roll No. 279), and there were--yeas 83, nays 13, absent and not voting 4, with the nays and absent and not voting being as follows:

            Nays: Andes, Azinger, Craig, A. Evans, Gearheart, Hamrick, Householder, Howell, Ireland, Morgan, Pasdon, Romine and R. Smith.

            Absent and Not Voting: Longstreth, J. Nelson, Paxton and Raines.

             So, a majority of the members present and voting having voted in the affirmative, the amendment to the amendment was adopted.

            An amendment to the amendment, offered by Delegates Poore, Guthrie, Manypenny, Longstreth, McCuskey, Moore, Lane, Wells, Skinner and Hunt, was reported by the Clerk.

            Unanimous consent having been obtained, the amendment was placed at the foot of the pending amendments.

            An amendment to the amendment, offered by Delegate Manchin, was reported by the Clerk.

            Unanimous consent having been obtained, the amendment was also placed at the foot of the pending amendments.

            At 9:42 p.m., on motion of Delegate White, the House of Delegates recessed for fifteen minutes, and reconvened at that time.

            Whereupon,

            Delegate Manchin asked and obtained unanimous consent that his amendment be withdrawn, and that he offer another in its stead.

            On motion of Delegates Manchin and Craig, the amendment to the amendment was then amended on page eighty-three, section nine, beginning line twenty-four, by striking out section nine in its entirety and inserting in lieu thereof the following:

§22-31-9. Prohibition of general NPDES permits within a Zone of Critical Concern for sites                            with aboveground storage tanks; and authorizing the Division of                   Environmental Protection to require individual NPDES permit for any other                         site when deemed appropriate.

            Because of the potential public health impact of pollution to downstream public water intakes in a watershed basin designated in an area of critical concern, on and after September 1, 2014, any permittee which presently holds a National Pollutant Discharge Elimination System (NPDES) general permit pursuant to the West Virginia Water Pollution Control Act which has an aboveground storage tank as defined by Article 30 of this Chapter on a site which is located within any public water system’s Zone of Critical Concern must apply for and hold an individual permit under that Act. The secretary shasll also have the authroity to require other holders of a general NPDES permit to obtain an individual NPDES permit, when deemed appropriate to protec the public water supply. Any general NPDES permit held currently under that act shall remain in effect until the individual NPDES permit is either issued or denied.”

            The Clerk then reported the amendment offered by Delegate Manypenny and Poore.

            Whereupon,

            Delegate Manypenny asked and obtained unanimous consent that the amendment be withdrawn.

            Delegates Manypenny, Poore and Fleischauer moved to amend the Finance Committee amendment on page seventy-three, following line eighteen, by inserting the following:

§22-30-26. Citizen Enforcement

            (a) Except as provided in subsection (b) of this section, any person having an interest which is or may be adversely affected may commence a civil action in the circuit court of the county in which the above ground storage tank is located on the person's own behalf to compel compliance with this article:

            (1) Against the State of West Virginia or any other governmental instrumentality or agency thereof, to the extent permitted by the West Virginia constitution and by law, which is alleged to be in violation of the provisions of this article or any rule, order or permit issued pursuant thereto, or against any other person who is alleged to be in violation of any rule, order or permit issued pursuant to this article; or

            (2) Against the director, division, Environmental Quality Board or appropriate division employees, to the extent permitted by the West Virginia constitution and by law, where there is alleged a failure of the above to perform any act or duty under this article which is not discretionary.

(b) No action may be commenced:

            (1) Under subdivision (1), subsection (a) of this section: (A) Prior to sixty days after the plaintiff has given notice in writing of the violation to the director or to any alleged violator, or (B) if the director has commenced and is diligently prosecuting a civil action in a circuit court to require compliance with the provisions of this article or any rule, order or permit issued pursuant to this article; or

            (2) Under subdivision (2), subsection (a) of this section prior to sixty days after the plaintiff has given notice in writing of such action to the director, except that such action may be brought immediately after such notification in the case where the violation or order complained of constitutes an imminent threat to the health or safety of the plaintiff or would immediately affect a legal interest of the plaintiff.

            (c) Any action respecting a violation of this article or the rules thereunder may be brought in any appropriate circuit court. In such action under this section, the director, if not a party, may intervene as a matter of right.

            (d) The court in issuing any final order in any action brought pursuant to subsection (a) of this section may award costs of litigation, including reasonable attorney and expert witness fees, to any plaintiff who prevails or substantially prevails whenever the court determines such award is appropriate. The court may, if a temporary restraining order or preliminary injunction is sought, require the filing of a bond or equivalent security.

            (e) Nothing in this section restricts any right which any person or class of persons may have under any statute or common law to seek enforcement of any of the provisions of this article and the rules thereunder or to seek any other relief.

            (f) Any person or property who is injured through the violation by any operator of any rule, order or permit issued pursuant to this article may bring an action for damages, including reasonable attorney and expert witness fees, in any court of competent jurisdiction. Nothing in this subsection affects the rights established by or limits imposed under state workers' compensation laws.

            (g) This section applies to violations of this article and the rules promulgated thereto, or orders or permits issued pursuant to said article insofar as said violations, rules, orders and permits related to above-groung storage tanks.”

Which did not prevail.

            On motion of Delegate Ireland the amendment was amended on page fifty, section five, following line three, by inserting a new paragraph to read as follows:

            “Compliance with a nationally-recognized tank standard as solely determined by DEP, shall be deemed compliance with the requirements that are developed in accordance with this subdivision.”

            Delegates Manypenny, Moore and Poore moved to amend the amendment on page fifty-seven, line sixteen, following the period, by inserting a new section ten, to read as follows:

§22-30-10. Confidential information protected.

            (a) In a zone of critical concern, all chemicals and specific mixtures of chemicals, including volume of fluids, regardless of an assertion of their proprietary nature, shall be reported to the Secretary. If a owner of an aboveground storage tank or the chemical manufacturer asserts a proprietary interest in specific mixtures of chemicals in a zone of critical concern, and the Secretary finds that information or parts thereof, if made public, would divulge methods, processes or chemical mixtures are of a proprietary nature, then such information is entitled to protection as a trade secret. The Secretary and any other agency or entity provided the proprietary information shall keep it confidential. Proprietary information shall be treated as exempt from public disclosure under the provisions of chapter twenty-nine-b of this code.

            (b) The Secretary shall only utilize the proprietary information to fulfill the provisions of section nine-c, article one of chapter sixteen, and section nine of this article.

            (c) Outside zones of critical concern, proprietary information relating to the chemicals stored in an aboveground storage tank shall not be required to be submitted to the secretary.”

            And,

            By renumbering subsequent section numbers of the article accordingly.

Which did not prevail.

            Delegate Manypenny moved to amend the amendment on page eighty-three, section eight, following line twenty-one, by inserting a new subsection (f), to read as follows:

            “(f) Whenever on the basis of available information, including reliable information from any person, the secretary has cause to believe that any person is in violation of this article, any permit condition or any rule promulgated under this article, the secretary shall immediately order state inspection of the facility at which the alleged violation is occurring unless the information is available as a result of a prior state inspection. The secretary shall notify any person who supplied such reliable information when the state inspection will be carried out.”

            Which did not prevail.

            Delegate Walker moved to amend the amendment on page fifteen, following line ten, by inserting the following:

            “(G) The Secretary of the Department of Environmental Protection or his or her designee, shall obtain permission to enter private owned water well and stand accountable for the consequences of their actions.”

            Which did not prevail.

            On motion of Delegates Poore, Guthrie, Manypenny, Longstreth, McCuskey, Moore, Lane, Wells, Skinner and Hunt the amendment to the amendment was adopted at the end thereof, by inserting the following:

CHAPTER 24. PUBLIC SERVICE COMMISSION.

ARTICLE 2G. PUBLIC WATER UTILITIES MONITORING REQUIREMENTS.

§24-2G-1. Public water utilities required to install monitor for contaminants.

            All public water utilities that provide water to more than 100,000 customers, including public service districts providing water service and municipally owned and operated utilities, subject to the requirements and limitations of this article, shall implement a regular monitoring system as specified to the same technical capabilities for detection as utilized by the Ohio River Valley Water Sanitation Commission.

§24-2G-2. Requirements.

            (a) Each public water utility, public service district or municipal water system, as set forth in section one of this article, shall provide testing for contamination of its water supply by the following contaminants:

            (1) Salts or ions;

            (2) Metals, including heavy metals;

            (3) Polar organic compounds;

            (4) Nonpolar organic compounds;

            (5) Volatile compounds, oils and other hydrocarbons;

            (6) Pesticides; and

            (7) Biotoxins.

            (B) Each public water utility is empowered to determine at its discretion which of the contaminants listed in subsection (a) are most likely to contaminate its water supply, and shall provide a monitoring system which shall detect the three of the listed contaminants deemed most likely to affect that water system: Provided, That each public water utility shall file its list with the commission: Provided, however, That any public water system serving over one hundred thousand customers from any one treatment plant is requested to test for all listed contaminants at each treatment plant: Provided further, That if technology to adequately detect contaminants, as required by this section proves to be not feasible to implement, the public water utility shall report by January 1, 2015, such to the Joint Committee on Government and Finance with the reasons why such technology is not feasible to obtain or use, and suggest alternatives.”

            On the adoption of the amendment to the amendment, Delegate Poore demanded the yeas and nays, which demand was sustained.

            The yeas and nays having been ordered, they were taken (Roll No. 280), and there were--yeas 72, nays 23, absent and not voting 5, with the nays and absent and not voting being as follows:

            Nays: Barker, Boggs, Cowles, Craig, Eldridge, Espinosa, Ferro, Gearheart, Householder, Howell, Manchin, Marcum, Miller, Overington, Pethtel, R. Phillips, Reynolds, Skaff, R. Smith, Tomblin, Walters, Williams and Young.

            Absent and Not Voting: Longstreth, J. Nelson, Paxton, Pino and Raines.

             So, a majority of the members present and voting having voted in the affirmative, the amendment to the amendment was adopted.

            There being no further amendments, the Finance Committee amendment, as amended, was then adopted.

            The bill was then read a third time.

            Delegate Armstead requested to be excused from voting on the passage of Com. Sub. for S. B. 373 under the provisions of House Rule 49, stating that his employer was involved in the natural gas industry.

            The Speaker replied that the Delegate was a member of a class of persons possibly to be affected by the passage of the bill but exhibited no direct personal or pecuniary interest therein, and refused to excuse the Member from voting.

            Delegate Armstead again requested to be excused from voting on the passage of Com. Sub. for S. B. 373 under the provisions of House Rule 49, stating that he was a resident of the affected area of the recent water contamination.

            The Speaker replied that the Delegate was again a member of a class of persons possibly to be affected by the passage of the bill but exhibited no direct personal or pecuniary interest therein, and refused to excuse the Member from voting.

            Delegate Walters then requested to be excused from voting on the passage of Com. Sub. for S. B. 373 under the provisions of House Rule 49 stating that he was the owner of several businesses.

            The Speaker replied that the Delegate was a member of a class of persons possibly to be affected by the passage of the bill but exhibited no direct personal or pecuniary interest therein, and refused to excuse the Member from voting.

            Delegate Swartzmiller also requested to be excused from voting on the passage of Com. Sub. for S. B. 373 under the provisions of House Rule 49, stating that he was employed in the chemical industry.

            The Speaker replied that the Delegate was a member of a class of persons possibly to be affected by the passage of the bill but exhibited no direct personal or pecuniary interest therein, and refused to excuse the Member from voting.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 281), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

            Absent and Not Voting: Longstreth, J. Nelson, Paxton, Pino and Raines.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 373) passed.

            On motion of Delegate Boggs, the enacting section was amended to read as follows:

            “That §16-1-2, and §16-1-9a of the Code of West Virginia, 1931, as amended, be amended and reenacted; that said code be amended by adding thereto new sections §16-1-9c, §16-1-9d and §16-1-9e; that §22-26-2, §22-26-3, §22-26-5, §22-26-6, §22-26-7 and §22-26-8 of said code be amended and reenacted; and that said code be amended by adding thereto a new article, designated §22-30-1, §22-30-2, §22-30-3, §22-30-4, §22-30-5, §22-30-6, §22-30-7, §22-30-8, §22-30-9, §22-30-10, §22-30-11, §22-30-12, §22-30-13, §22-30-14, §22-30-15, §22-30-16, §22-30-17, §22-30-18, §22-30-19, §22-30-20, §22-30-21, §22-30-22, §22-30-23, §22-30-24 and §22-30-25; and that said code be amended and reenacted by adding thereto a new article, designated §22-31-1, §22-31-2, §22-31-3, §22-31-4, §22-31-5, §22-31-6, §22-31-7, §22-31-8, §22-31-9, §22-31-10, §22-31-11 and §22-31-12; and that said code be amended and reenacted by adding thereto a new section, designated §24-2G-2, all to read as follows” followed by a colon.

            On motion of Delegate Boggs, the title of the bill was then amended to read as follows:

            Com. Sub for S. B. 373 – “A Bill to amend and reenact §16-1-2 and §16-1-9a of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto two new sections, designated §16-1-9c, §16-1-9d and §16-1-9e; to amend and reenact §22-26-2, §22-26-3, §22-26-5, §22-26-6, §22-26-7 and §22-26-8 of said code; to amend said code by adding thereto a new article, designated §22-30-1, §22-30-2, §22-30-3, §22-30-4, §22-30-5, §22-30-6, §22-30-7, §22-30-8, §22-30-9, §22-30-10, §22-30-11, §22-30-12, §22-30-13, §22-30-14, §22-30-15, §22-30-16, §22-30-17, §22-30-18, §22-30-19, §22-30-20, §22-30-21, §22-30-22, §22-30-23, §22-30-24, and §22-30-25; and to amend said code by adding thereto a new article, designated §22-31-1, §22-31-2, §22-31-3, §22-31-4, §22-31-5, §22-31-6, §22-31-7, §22-31-8, §22-31-9, §22-31-10, §22-31-11 and §22-31-12; and to amend said code all by adding thereto a new article, designated §24-2G-1 and §24-2G-2, all relating to the protection of water resources generally; providing for the regulation of the public water systems by the commissioner of the bureau for public health; requiring legislative rules therefore; modifying definitions; providing for entry and evaluations of water systems; providing civil penalties; authorizing commissioner to seek injunctive relief; requiring public water utilities to provide source water protection plans to the commissioner; specifying contents of plan; requiring assessment and monitoring of plans; requiring Bureau of Public Health to coordinate the conduct of a long-term medical study; continuing wellhead and source water protection grant program and fund to provide water source protection; revising the water resources protection and management act; modifying definitions; requiring state to protect waters; modifying registration requirements; requiring reports to the secretary of the department of environmental protection; requiring reports by secretary to legislative entities; requiring continuation of providing matching funds for stream-gauging network; modifying duties of legislative commission; requiring water resources survey and registry; information required from drilling contractors for water systems; adopting state water resources management plan; requiring reports from water users; establishing the aboveground storage tank act; requiring the secretary to compile inventory of aboveground storage tanks in the state; requiring registration and authorizing registration fee; requiring secretary to develop regulatory program for the tanks; providing minimum factors to be included in program and authorizing fees; requiring annual inspection and certification of the tanks; requiring evidence of financial security; requiring correction action and plans to address contamination of water caused by release of fluids from the tanks; requiring spill prevention response plans for the tanks; requiring notice of inventory of tanks to local water systems and governments; requiring the posting of signs at the tanks; creating an administrative fund and a fund to respond to leaking tanks; authorizing public access to information; authorizing inspections, monitoring and testing by secretary; authorizing secretary to issue administrative orders and seek injunctive relief; providing civil and criminal penalties; allowing appeals to environmental quality board; prohibiting duplicative enforcement; requiring secretary to report to legislative entities; requiring interagency coordination; duties of secretary upon imminent and substantial danger; providing additional duties and powers of secretary; providing categories of tanks not required to be permitted under the act; creating the public water supply protection act; requiring inventories of sources of certain contaminants in the zones of critical concern of certain public water systems; requiring registration and permits; providing additional duties and powers of secretary; authorizing public access to information; authorizing inspections, monitoring and testing by secretary; requiring individual NPDES permits in certain circumstances; authorizing secretary to require NPDES permits in certain circumstances; providing civil and criminal penalties; allowing appeals to environmental quality board; creating public water system supply study commission; membership of study commission; scope of study; reporting requirements; requiring the establishment of advance warning and monitoring at certain water utilities; and requiring utility to report back to Legislature if found infeasible.”

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

Committee Reports

            Mr. Speaker, Mr. Miley, from the Committee on Rules, submitted the following report, which was received:

            Your Committee on Rules has had under consideration:

            H. C. R. 85, Requesting the Joint Committee on Government and Finance to schedule the October, 2014, Legislative Interim Committee meetings in Morgantown,

            H. C. R. 90, Requesting the West Virginia Department of Education and the School Building Authority to athletic facilities at Tug Valley High School,

            H. C. R. 94, Designating April 2 as West Virginia Autism Awareness Day,

            H. C. R. 96, Requesting the Joint Committee on Government Organization and Finance study policies ensuring that licensed athletic trainers are available during practices and games to all intersholastic student athletes in West Virginia,

            H. C. R. 100, Requesting the Joint Committee on Government and Finance study ways to improve the efficiency of and find other cost saving measures within the West Virginia Division of Highways,

            H. C. R. 102, Urging the West Virginia Division of Natural Resources to continue indefinitely its regulatory policy of permitting only bow hunting during designated deer hunting seasons in Logan, McDowell, Mingo and Wyoming counties,

            H. C. R. 106, Requesting the Joint Committee on Government and Finance conduct a study concerning the potential implementation of a Deferred Retirement Option Plan for troopers and employees of the West Virginia State Police,

            H. C. R. 108, Requesting the Joint Committee on Government and Finance authorize a study on repealing unnecessary or obsolete boards, councils, committees, panels, task forces and commissions,

            H. C. R. 109, Requesting the Joint Committee on Government and Finance authorize a study on the State Athletic Commission,

            H. C. R. 117, Requesting the Joint Committee on Government and Finance authorize a study on continuing the Office of Emergency Medical Services as an independent office within the Department of Military Affairs and Public Safety,

            H. C. R. 118, Requesting the Joint Committee on Government and Finance to study the allocation of behavioral health spending on community-based support services,

            And,

            H. C. R. 119, Requesting the Joint Committee on Government and Finance to study the authorization of cities and municipalities to provide a private-public financing option for small businesses and commercial property owners in West Virginia,

            And reports the same back with the recommendation that they each be adopted.

            Mr. Speaker, Mr. Miley, from the Committee on Rules, submitted the following report, which was received:

            Your Committee on Rules has had under consideration:

            Com. Sub. for S. C. R. 28, Requesting DOH name road in Logan County “Joshua Walls Memorial Highway”,

            And,

            Com. Sub. for S. C. R. 41, Requesting DOH name portion of Rt. 83 in McDowell County “U. S. Army MSG Joe C. Alderman Memorial Road”,

            And reports the same back, with amendment, with the recommendation that they each be adopted, as amended.

            Mr. Speaker, Mr. Miley, from the Committee on Rules, submitted the following report, which was received:

            Your Committee on Rules has had under consideration:

            Com. Sub. for S. C. R. 15, Requesting DOH name bridge on Rt. 2, Cabell County, “U. S. Army PFC Homer ‘Clyde’ Farley and U. S. Army PFC Max O. Farley Memorial Bridge”,

            Com. Sub. for S. C. R. 17, Requesting DOH name bridge in Greenbrier County “U. S. Army Sgt. James Lee Holcomb Memorial Bridge”,

            Com. Sub. for S. C. R. 19, Requesting DOH name bridge in Lincoln County “U. S. Army Sergeant Paul Norman Chapman Memorial Bridge”,

            S. C. R. 20, Recognizing value and importance of state's innovation industry,

            S. C. R. 21, Requesting DOH name bridge in Raleigh County “U. S. Army PFC Shelby Dean Stover Memorial Bridge”,

            S. C. R. 27, Urging President and Congress establish provisions to prevent and respond to chemical spills in state and national waters,

            And,

            Com. Sub. for S. C. R. 44, Requesting DOH name bridge in Marion County “Sheriff Junior Slaughter Memorial Bridge”,

            And reports the same back with the recommendation that they each be adopted.

            Delegate Manchin, Chair of the Committee on the Judiciary, submitted the following report, which was received:

            Your Committee on the Judiciary has had under consideration:

            Com. Sub. for S. B. 353, Relating to timber theft in state forests,

            S. B. 485, Exempting DOH from certain permitting requirements of Natural Stream Preservation Act,

            Com. Sub. for S. B. 535, Clarifying definition of “ginseng”,

            And,

            S. B. 572, Relating to financing statements covering as-extracted collateral or timber to be cut,

            And reports the same back with the recommendation that they each do pass.

            Chairman Manchin, from the Committee on the Judiciary, submitted the following report, which was received:

            Your Committee on the Judiciary has had under consideration:

            S. B. 88, Relating to claims for total loss and debris removal proceeds under farmers’ mutual fire insurance companies,

            Com. Sub. for S. B. 140, Authorizing Department of Commerce promulgate legislative rules,

            S. B. 533, Updating commercial feed laws; setting fees by rule,

            And,

            S. B. 583, Permitting emergency rule-making authority to implement Spay Neuter Assistance Program,

            And reports the same back, with amendment, with the recommendation that they each do pass, as amended.

            Delegate Boggs, Chair of the Committee on Finance, submitted the following report, which was received:

            Your Committee on Finance has had under consideration:

            Com. Sub. for S. B. 315, Clarifying use of certain funds under Military Authority Act,

            And reports the same back with the recommendation that it do pass.

            Delegate Boggs, Chair of the Committee on Finance, submitted the following report, which was received:

            Your Committee on Finance has had under consideration:

            S. B. 350, Requiring Agriculture Commissioner propose legislative rules for Rural Rehabilitation Loan Program,

            Com. Sub. for S. B. 432, Relating to calculating local share,

            And,

            Com. Sub. for S. B. 469, Creating Veterans and Warriors to Agriculture Program,

            And reports the same back, with amendment, with the recommendation that they each do pass, as amended.

            Delegate Poling, Chair of the Committee on Education, submitted the following report, which was received:

            Your Committee on Education has had under consideration:

            S. B. 426, Relating to appointments to certain higher education commissions, councils and boards,

            And reports the same back, with amendment, with the recommendation that it do pass, as amended.

            Chairman Manchin, from the Committee on the Judiciary, submitted the following report, which was received:

            Your Committee on the Judiciary has had under consideration:

            Com. Sub. for S. B. 420, Relating to data sharing in P-20W Longitudinal Data System,

            And,

            S. B. 480, Expanding period during which certain motor vehicle liens are valid,

            And reports the same back, with amendment, with the recommendation that they each do pass, as amended.

            Delegate Manchin, Chair of the Committee on the Judiciary, submitted the following report, which was received:

            Your Committee on the Judiciary has had under consideration:

            S. B. 380, Redefining “all-terrain and utility terrain vehicles”,

            Com. Sub. for S. B. 395, Relating to operation and oversight of certain human services benefit programs,

            S. B. 547, Clarifying municipalities can increase and decrease voting wards and/or council members,

            Com. Sub. for S. B. 553, Relating to deadlines for independent candidates to file for municipal elections,

            S. B. 585, Removing unconstitutional language regarding access to rail lines,

            S. B. 586, Removing unconstitutional language regarding jurors and verdicts permitted in certain civil litigation,

            And,

            S. B. 601, Removing unconstitutional language regarding relief in circuit court against erroneous assessments,

            And reports the same back with the recommendation that they each do pass.

            Delegate Manchin, Chair of the Committee on the Judiciary, submitted the following report, which was received:

            Your Committee on the Judiciary has had under consideration:

            Com. Sub. for S. B. 317, Relating to municipal firearm laws,

            And reports the same back with the recommendation that it do pass.

            Delegate Boggs, Chair of the Committee on Finance, submitted the following report, which was received:

            Your Committee on Finance has had under consideration:

            Com. Sub. for S. B. 204, Relating to crime victims compensation awards,

            Com. Sub. for S. B. 345, Expiring funds from State Fund, General Revenue, and making supplementary appropriations to MAPS,

            Com. Sub. for S. B. 379, Reclassifying counties,

            Com. Sub. for S. B. 391, Providing salary increase for teachers and school service personnel,

            And,

Com. Sub. for S. B. 495, Increasing collections into Land Division special revenue account,

            And reports the same back, with amendment, with the recommendation that they each do pass, as amended.

            Delegate Boggs, Chair of the Committee on Finance, submitted the following report, which was received:

            Your Committee on Finance has had under consideration:

            Com. Sub. for S. B. 344, Expiring funds from State Fund, General Revenue, and making supplemental appropriations to various agencies,

            And reports the same back with the recommendation that it do pass.

            Delegate Boggs, Chair of the Committee on Finance, submitted the following report, which was received:

            Your Committee on Finance has had under consideration:

            Com. Sub. for S. B. 430, Relating to receipting of state moneys,

            Com. Sub. for S. B. 439, Permitting Ohio County Commission levy special district excise tax for Fort Henry,

            Com. Sub. for S. B. 461, Creating Future Fund,

            Com. Sub. for S. B. 486, Establishing salaries and providing raises for State Police forensic lab employees,

            Com. Sub. for S. B. 504, Authorizing Auditor establish Debt Resolution Services Division,

            And,

            Com. Sub. for S. J. R. 14, Proposing constitutional amendment designated Future Fund Amendment,

            And reports the same back, with amendment, with the recommendation that they each do pass, as amended.

Leaves of Absence

            At the request of Delegate White, and by unanimous consent, leaves of absence for the day were granted Delegates Longstreth, J. Nelson, Paxton, Pino and Raines.

            Delegate Lane asked and obtained unanimous consent that the remarks of Delegates Armstead, Fleischauer, Guthrie, Manchin, Perdue and Poore regarding the passage of Com. Sub. for S. B. 373, Relating to water resources protection, be printed in the Appendix to the Journal.

            Delegate Canterbury asked and obtained unanimous consent that the remarks of Delegate Kump regarding the passage of Com. Sub. for S. B. 373, Relating to water resources protection, be printed in the Appendix to the Journal.

            At 11:15 p.m., the House of Delegates adjourned until 12:00 noon, Thursday, March 6, 2014.

This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2014 West Virginia Legislature **