H. B. 2640
(By Delegates Caputo, Mahan, Boggs, Longstreth,
Fragale and Barker)
[Introduced January 13, 2010; referred to the
Committee on Energy, Industry and Labor, Economic
Development and Small Business then Government
Organization.]
A BILL to amend and reenact §22B-4-1 of the Code of West Virginia,
1931, as amended, relating to increasing the number of
appointments to the Surface Mine Board by one member; and
requiring that the additional member is appointed from a list
submitted by the major union representing coal miners to
represent the view point of the working miners.
Be it enacted by the Legislature of West Virginia:
That §22B-4-1 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 4. SURFACE MINE BOARD.
§22B-4-1. Appointment and organization of Surface Mine Board.
(a) On and after the effective date of this article, the
"Reclamation Board of Review," heretofore created, shall continue
in existence and hereafter shall be known as the "Surface Mine
Board."
(b) The board shall be composed of seven eight members who
shall be appointed by the Governor with the advice and consent of
the Senate. Not more than four members of the board shall be of
the same political party. Each appointed member of the board who
is serving in such capacity on the effective date of this article
shall continue to serve on the board until his or her term ends or
he or she resigns or is otherwise unable to serve. As each
member's term ends, or that member is unable to serve, a qualified
successor shall be appointed by the Governor with the advice and
consent of the Senate. One of the appointees to such the board
shall be a person who, by reason of previous vocation, employment
or affiliations, can be classed as one capable and experienced in
coal mining. One member of the board shall be a person appointed
by the Governor from a list containing the names of persons
recommended to the Governor for appointment by the highest ranking
official within the major employee organization representing coal
miners within this state. The list shall be transmitted to the
Governor requesting the Governor to appoint a person from the list
to represent the viewpoint of working miners. One of the
appointees to such the board shall be a person who, by reason of
training and experience, can may be classed as one capable and
experienced in the practice of agriculture. One of the appointees
to such the board shall be a person who by reason of training and
experience, can be classed as one capable and experienced in modern forestry practices. One of the appointees to such the board shall
be a person who, by reason of training and experience, can be
classed as one capable and experienced in engineering. One of the
appointees to such the board shall be a person who, by reason of
training and experience, can be classed as one capable and
experienced in water pollution control or water conservation
problems. One of the appointees to such the board shall be a
person with significant experience in the advocacy of environmental
protection. One of the appointees to such the board shall be a
person who represents the general public interest: Provided, That,
in any case brought before the board relating to quarry operations
as regulated by article 4 of chapter 22 of this code, two alternate
board members will serve on the board who have expertise related to
the operation of quarries. These two alternate members will serve
in place of the board member appointed due to his or her expertise
in coal operations and the board member which has been appointed
due to his or her expertise in forestry. Each alternative member
shall have the identical term as the member which he or she is
replacing. The alternative board member replacing the member with
expertise in coal shall be appointed based on his or her expertise
in quarry operations. The alternative board member replacing the
member with expertise in forestry shall be appointed based on his
or her expertise in geology.
(c) During his or her tenure on the board, no member shall receive significant direct or indirect financial compensation from
or exercise any control over any person or entity which holds or
has held, within the two years next preceding the member's
appointment, a permit to conduct activity regulated by the
division, under the provisions of article 3 or 4, chapter 22 of
this code, or any similar agency of any other state or of the
federal government: Provided, That the member classed as
experienced in coal mining, the member classed as experienced in
engineering, the member classed as experienced in water pollution
control or water conservation problems and the two alternative
board members serving to hear quarry related cases may receive
significant financial compensation from regulated entities for
professional services or regular employment so long as the
professional or employment relationship is disclosed to the board.
No member shall participate in any matter before the board related
to a regulated entity from which the member receives or has
received, within the preceding two years direct or indirect
financial compensation. For purposes of this section, "significant
direct or indirect financial compensation" means 20% of gross
income for a calendar year received by the member, any member of
his or her immediate family or the member's primary employer.
(d) The members of the board shall be appointed for terms of
the same duration as their predecessor under the original
appointment of two three members appointed to serve a term of two years; two members appointed to serve a term of three years; two
members to serve a term of four years; and one member to serve a
term of five years. Any member whose term expires may be
reappointed by the Governor. In the event a board member is unable
to complete the term, the Governor shall appoint a person with
similar qualification to complete the term. The successor of any
board member appointed pursuant to this article must possess the
qualification as prescribed herein. Each vacancy occurring in the
office of a member of the board shall be filled by appointment
within 60 days after such the vacancy occurs.
NOTE: The purpose of this bill is to increase the number of
appointments to the Surface Mine Board by one member and to require
that the additional member is appointed from a list submitted by
the major union representing coal miners to represent the view
point of the working miners.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.