SENATE
HOUSE
JOINT
BILL STATUS
STATE LAW
REPORTS
EDUCATIONAL
CONTACT
home
home
Introduced Version House Bill 4589 History

   |  Email
Key: Green = existing Code. Red = new code to be enacted

H. B. 4589

 

         (By Delegates R. Smith, Overington,

         Frich, Andes, Espinosa, Folk, Howell,

         A. Evans, Azinger, Canterbury and Sobonya)

 

         [Introduced February 17, 2014; referred to the

         Committee on Government Organization then the Judiciary.]

 

A BILL to amend and reenact §22A-2A-307, §22A-2A-308, §22A-2A-309 and §22A-2A-402 of the Code of West Virginia, 1931, as amended, all relating to the West Virginia Diesel Equipment Commission; providing for participation at meetings via teleconference; removing requirement that all members must be present for votes on certain actions of the commission; and providing for the approval of certain diesel equipment.

Be it enacted by the Legislature of West Virginia:

    That §22A-2A-307, §22A-2A-308, §22A-2A-309 and §22A-2A-402 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:

ARTICLE 2A. USE OF DIESEL-POWERED EQUIPMENT IN UNDERGROUND COAL                MINES.

§22A-2A-307. Quorum; majority vote required; attendance at meetings via teleconference.

    A quorum of the commission consists of not less than two of the members who represent the viewpoint or interests of coal operators and two of the members who represent the viewpoint or interests of working miners. A measure before the commission for its consideration is adopted on the affirmative vote of any four of the six members. A member who is not physically present at a meeting may participate in the meeting by audio or video teleconference.

§22A-2A-308. Promulgation of initial rules by the commission.

    (a) The West Virginia diesel equipment commission shall prepare and adopt the initial rules for the operation of diesel equipment in underground coal mines in this state. In preparing and adopting initial rules, the commission shall consider the highest achievable measures of protection for miners’ health and safety through available technology, engineering controls and performance requirements and shall further consider the cost, availability, adaptability and suitability of any available technology, engineering controls and performance requirements as they relate to the use of diesel equipment in underground coal mines.

    (b) In promulgating the initial rules pursuant to subsection (a) of this section, the commission shall follow the procedures set forth in article three, chapter twenty-nine-a of this code that are prescribed for an agency proposing a legislative rule, to the point where an agency would approve a rule for submission to the Legislature. At that point, the commission shall proceed to final adoption of the initial rules and file a notice of the final adoption in the State Register and with the Legislative Rule-making Review Committee. Final adoption of the initial rules may be approved only upon a majority vote of all six members of the commission. All six members must be present when a vote is taken. Upon final adoption by the commission, the initial rules are thereby promulgated and have the effect of law without further action by the commission or the Legislature. The initial rules shall be published in the code of state rules and continue in effect until modified or superseded in accordance with the provisions of this article.

§22A-2A-309. Commission’s authority to approve site-specific experimental testing prior to initial rules.

    The commission is hereby authorized to may approve limited site-specific requests for experimental and testing use of diesel-powered equipment in underground coal mines prior to promulgation of initial rules in accordance with subsections (b), (c), (d), (e), (f) and (g), section three hundred ten of this article. Final approval of a site-specific request may be approved only upon a majority vote of all six members of the commission. All six members must be present when a vote is taken.

§22A-2A-402. Approval of diesel power package or diesel engine.

    Every A diesel power package or diesel engine used in underground coal mining shall be approved by the West Virginia diesel equipment commission when it complies with applicable requirements, standards, and procedures established by rules of the commission, and be certified or approved, as applicable, by MSHA and maintained in accordance with MSHA certification or approval. A diesel power package or diesel engine that is the same make and model, and meets the same specifications as a diesel power package or diesel engine that is approved by the commission and, if it has previously been placed in service, has been maintained in accordance with MSHA certification or approval, is considered to be approved by the commission.



    NOTE: The purpose of this bill is to provide for participation of members of the West Virginia Diesel Equipment Commission at meetings via teleconference , removing requirement that all members must be present for votes on certain actions of the commission and providing for the approval of certain diesel equipment.


    Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Email WebmasterWebmaster   |   © 2024 West Virginia Legislature **


X

Print On Demand

Name:
Email:
Phone:

Print