Enrolled Version - Final Version
House Bill 3356 History
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ENROLLED
H. B. 3356
(By Delegates Michael, Doyle, Cann, Kominar, Browning,
and Williams)
[Passed April 8, 2005; in effect ninety days from passage.]
AN ACT
to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §22C-3-26; and to
amend said code by adding thereto a new section, designated
§22C-4-9a, all relating generally to the powers and duties of
the solid waste management board; providing for performance
reviews of authorities and performance measures; requiring
proposal of legislative rules for implementation of review
process and system; authorizing solid waste management board
to intervene under certain circumstances;
providing
intervention process; requiring state auditor to establish
certain accounting procedures to be adopted by all county and
regional solid waste authorities; and requiring audits of
authorities.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §22C-3-26; and that
said code be further amended by adding thereto a new section, designated §22C-4-9a, all to read as follows:
ARTICLE 3. SOLID WASTE MANAGEMENT BOARD.
§22C-3-26. Supersedure over county and regional solid waste
authorities.
For purposes of exercising the authority provided under
section nine-a, article four of this chapter, the Board may by
resolution supersede and exercise, in part or whole, the powers
granted to any only county or regional solid waste authorities
that
operate solid waste facilities
as provided in chapters seven,
twenty two, twenty two-c and twenty-four of this code. Actions of
the Board supersede those powers granted to authorities in part or
whole as provided by the resolution
ARTICLE 4. COUNTY AND REGIONAL SOLID WASTE AUTHORITIES.
§22C-4-9a. Findings, Solid Waste Management Board performance
reviews and measures, legislative rules,
intervention of impaired authorities, establishment
of uniform chart of accounts, financial examination
requirements.
(a) The Legislature finds that performance review and
performance measurement are valuable tools for identifying serious
impairments of commercial solid waste facilities operated by county
or regional solid waste authorities and fostering accountability
and effective and efficient facility operations.
(b) The Solid Waste Management Board shall conduct a biennial performance review of each county and regional solid waste
authority
that operates a commercial solid waste facility.
Provided, That the Solid Waste Management Board may conduct a
performance review at any time it determines a performance review
to be necessary.
(c) The Solid Waste Management Board shall develop and
maintain a system of annual and quarterly or more frequent
performance measures useful in gauging the productivity and
operational health of county and regional solid waste authorities
operating commercial solid waste facilities. The authorities shall
provide the performance measurement data in accordance with the
legislative rule required under subsection (d) of this section.
(d) No later than the first day of August, two-thousand six,
the Solid Waste Management Board in consultation and collaboration
with the Public Service Commission, shall propose legislative rules
for promulgation in accordance with the provisions of article
three, chapter twenty-nine-a of this code, to implement a
performance review process and system of quarterly performance
measures designed pursuant to subsections (b) and (c) of this
section.
(e) For the purposes of this section, "performance review"
means an accountability system which establishes benchmarks to
evaluate and determine the effective and efficient performance of
a county
solid waste authority operating a commercial solid waste
facility
or regional solid waste authority operating a commercial
solid waste facility.
(f) For the purposes of this section, "performance measures"
means outcome and output measures. "Outcomes" represent effects or
results of programs. "Outputs" represent the units of services or
activities produced.
(g) In promulgating the rules required by subsection (d) of
this section, the Solid Waste Management Board shall establish
criteria to be considered in conducting performance reviews,
establish benchmarks to identify serious impairments, establish a
recommendation process for correcting impairments and establish
penalties for failure to comply, including a process for temporary
intervention by the Solid Waste Management Board to correct
impairments.
(h) When the Solid Waste Management Board determines through
a performance review or regular monitoring of performance measures
that an authority's commercial solid waste facility is seriously
impaired and the authority does not correct the impairments, the
intervention process may include, but is not limited to, the
following methods:
(1) Appointing a team of improvement consultants to conduct
on-site reviews and make strategic recommendations toward remedy of
the serious impairments;
(2) Directing the authority's board of directors to prioritize
and target its funds strategically toward alleviating the serious
impairments;
(3) Recommending to the agencies that appoint the members of
the authority's board of directors, as provided by subsection (b), section three, and subsection (b), section four of this article,
that one or more members of the authority's board of directors be
replaced;
(4) The Director of the Solid Waste Management Board, or his
or her designee, may temporarily during intervention, preside as
chair of the county or regional solid waste authority board
meetings; and
(5) Exercising powers of supersedure provided under section
twenty-six, article three of this chapter.
(i) The State Auditor in consultation and collaboration with
the Solid Waste Management Board and the Public Service Commission
shall establish a uniform chart of accounts delineating common
revenue and expense account naming conventions to be adopted by all
county and regional solid waste authorities, beginning no later
than the first day of July, two-thousand six.
(j) The chief inspector and supervisor of local government
offices shall conduct an annual examination on the financial report
of county and regional solid waste authorities with an audit
occurring every third year. Additionally, the chief inspector,
upon request by the Solid Waste Management Board, shall conduct an
audit of any county or regional solid waste authority that operates
a commercial solid waste facility as a part of the performance
review required by this section. The definitions of "examination",
"audit" and "review" provided in section one-a, article nine,
chapter six of this code apply to this subsection.
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