SB496 SUB2
Senate Bill 496 History
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COMMITTEE SUBSTITUTE
FOR
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 496
(By Senators Williams, Caruth, Stollings and Plymale)
____________
[Originating in the Committee on the Judiciary;
reported March 1, 2010.]
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A BILL to amend and reenact §22-1-9 of the Code of West Virginia,
1931, as amended, relating to the Environmental Protection
Advisory Council's duties; authorizing the council to review
and make recommendations on rulemaking to the secretary; 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 Commerce, Labor and Environmental Resources Protection the Environmental Protection
Advisory Council. The Environmental Protection Advisory Council
consists of seven members. The director secretary serves as an ex
officio member of the council and as its chair. The remaining six
members are appointed by the Governor. Each member serves for a
term of four years and may be reappointed. Of the members of the
council first appointed, two shall be appointed for terms ending on
June 30, 1996, and two each for terms ending one and two years
thereafter. Vacancies on the council shall be filled within sixty
days after the vacancy occurs.
(b) Two members of the council shall represent industries
regulated by the division department or their trade associations.
Two members shall represent organizations advocating environmental
protection. One member shall represent organizations representing
local governments. One member shall represent public service
districts. In making subsequent appointments this balance of
membership shall be maintained.
(c) Appointed members shall be paid the same compensation and
expense reimbursement as is paid to members of the Legislature for
their interim duties as recommended by the Citizens Legislative
Compensation Commission and authorized by law for each day or
portion thereof engaged in the discharge of official duties.
(d) The council shall meet at least once every quarter, and at
the call of the chair or upon the unanimous request of its members.
(e) The council shall:
(1) Consult with and advise the director on program and policy
development, problem solving and other appropriate subjects;
(2) Identify and define problems associated with the
implementation of the policy set forth in section one of this
article;
(3) Provide and disseminate to industry and the public early
identification of major federal program and regulatory changes;
(4) Provide a forum for the resolution of conflicts between
constituency groups;
(5) To the extent possible, strive for consensus on the
development of overall environmental policy; and
(6) Provide an annual report to the Joint Committee on
Government and Finance on or before January 1 of each year relating
to its findings with regard to the division's department's
performance during the previous year. The report will specifically
address the division's department's performance in accomplishing
the nine purposes set forth in subsection (b), section one of this
article.
(f) Notwithstanding any other provision of this code to the
contrary, upon approval of a majority 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 fully consider the council's recommendations for rulemaking when developing agency
rules to be submitted for legislative approval.