ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 433
(By Senators Helmick and Dempsey)
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[Originating in the Committee on Energy, Industry and Mining;
reported March 16, 2005.]
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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 generally; increasing the membership of the
Council to eleven members; specifying represented
organizations and entities; and making certain procedural
changes in board activities.
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 Environmental Protection the
Environmental Protection Advisory Council. The Environmental Protection Advisory Council consists of
seven eleven members. The
director Secretary serves as an ex officio member of the Council
and as its Chair. The remaining
six ten members are appointed by
the Governor. Each member serves for a term of four years and may
be reappointed.
Members of the Council serving on the effective
date of this section shall continue to serve until their terms
expire or their successors have been appointed. Of the members of
the council first appointed, two shall be appointed for terms
ending on the thirtieth day of June, one thousand nine hundred
ninety-six, and two each for terms ending one and two years
thereafter. Of the four new members of the Council, two shall be
appointed for a term ending on the thirtieth day of June, two
thousand eight, and two shall be appointed for the term ending the
thirtieth day of June, two thousand ten. 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 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.
Any future appointments to the Council shall be representative
of the following entities. They are:
(1) One member of the Council shall be appointed from a list
of three names submitted to the Governor by the largest
organization representing manufacturing in this state and one
member of the Council shall be appointed from a list of three names submitted to the Governor by the largest organization representing
the interests of coal producers in this state;
(2) One member of the Council shall be appointed from a list
of three names submitted to the Governor by the largest
organization representing farming interests in this state and one
member of the Council shall be appointed from a list of three names
of registered foresters submitted to the Governor by the largest
organization representing the interests of private owners of forest
land in this state;
(3) One member of the Council shall be appointed from a list
of three names submitted to the Governor by the two largest
organizations representing environmental protection organizations;
(4) One member of the Council shall be appointed from a list
of three names submitted jointly to the Governor by the largest
organizations representing counties and municipalities in this
state;
(5) One member of the Council shall be appointed from a list
of three names submitted to the Governor by the largest
organization representing public service districts in this state;
(6) One member of the Council shall be appointed from a list
of three names submitted to the Governor by the largest
organization representing oil and gas producers in this state;
(7) One member of the Council shall be appointed from a list
of three names submitted to the Governor by the largest
organization representing coal miners in this state; and
(8) One member of the Council shall be appointed from a list of three names submitted to the Governor by the West Virginia
Wildlife Federation.
In making subsequent appointments this
balance of membership shall be maintained.
(c) Except for state employee and officer members, 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 at the request of any four members of the
Council in writing signed by the members requesting the meeting,
the Chair shall schedule a meeting. At least fifteen days prior to
a regularly scheduled meeting, or ten days in advance of a meeting
called by the Chair, the Secretary shall provide the members of the
Council with an agenda of all matters scheduled for discussion at
the meeting and copies of any rules the Secretary intends to
propose.
(e) The Council shall:
(1) Consult with and advise the Director on program and policy
development, problemsolving 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) Upon majority vote of the members, offer suggestions to
the Secretary for proposed new or amended legislative rules.
(6) (7) Provide an annual report to the Joint Committee on
Government and Finance on or before the first day of January 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; and
(8) Appoint technical advisory committees as may be necessary
to carry out the provisions of this section.