ENROLLED
COMMITTEE SUBSTITUTE
FOR
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 496
(Senators Williams, Caruth, Stollings and Plymale, original sponsors)
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[Passed March 13, 2010; in effect ninety days from passage.]
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AN ACT to amend and reenact §22-1-9 of the Code of West Virginia,
1931, as amended, relating to the Environmental Protection
Advisory Council; authorizing the council to review and make
recommendations on rulemaking to the secretary; adding a
member to the council; and requiring Department of
Environmental Protection consider the council's
recommendations.
Be it enacted by the Legislature of West Virginia:
That §22-1-9 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. DIVISION OF ENVIRONMENTAL PROTECTION.
§22-1-9. Environmental Protection Advisory Council.
(a) There is created within the Department of Environmental Protection the Environmental Protection Advisory Council. The
Environmental Protection Advisory Council consists of eight
members. The secretary serves as an ex officio member of the
council and as its chair. The remaining seven members are
appointed by the Governor. Each member serves for a term of four
years and may be reappointed. Vacancies on the council shall be
filled within sixty days after the vacancy occurs.
(b) Two members of the council shall represent industries
regulated by the department or their trade associations. Two
members shall represent organizations advocating environmental
protection. One member shall represent organizations representing
local governments. One member shall represent public service
districts. One member shall represent the largest coal miner's
labor organization in the state. In making subsequent appointments
this balance of membership shall be maintained.
(c) Appointed members shall be paid the same compensation and
expense reimbursement as is paid to members of the Legislature for
their interim duties as recommended by the Citizens Legislative
Compensation Commission and authorized by law for each day or
portion thereof engaged in the discharge of official duties.
(d) The council shall meet at least once every quarter, at the
call of the chair or upon the unanimous request of its members.
(e) The council shall:
(1) Consult with and advise the director on program and policy development, problem solving and other appropriate subjects;
(2) Identify and define problems associated with the
implementation of the policy set forth in section one of this
article;
(3) Provide and disseminate to industry and the public early
identification of major federal program and regulatory changes;
(4) Provide a forum for the resolution of conflicts between
constituency groups;
(5) To the extent possible, strive for consensus on the
development of overall environmental policy; and
(6) Provide an annual report to the Joint Committee on
Government and Finance on or before January 1 of each year relating
to its findings with regard to the department's performance during
the previous year. The report will specifically address the
department's performance in accomplishing the nine purposes set
forth in subsection (b), section one of this article.
(f) Notwithstanding any other provision of this code to the
contrary, upon approval by majority vote of the Environmental
Protection Advisory Council's members, the council may submit
recommendations for rulemaking
to the Secretary of the Department
of Environmental Protection. The Secretary shall consider the
council's recommendations for rulemaking when developing agency
rules to be submitted for legislative approval.
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