Senate Bill No. 496
(By Senators Williams, Caruth, Stollings and Plymale)
____________
[Introduced February 5, 2010; referred to the Committee on
Energy, Industry and Mining; and then to the Committee on the
Judiciary.]
____________
A BILL to amend and reenact §22-1-9 of the Code of West Virginia,
1931, as amended, relating to allowing the Environmental
Protection Advisory Council to review, adopt and eliminate
rules exceeding applicable federal standards promulgated
pursuant to this article; and granting council mandatory rule-
making authority.
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 the Environmental Protection Advisory Council. The Environmental Protection Advisory Council consists of
seven members. The director 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 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.
(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 performance during
the previous year. The report will specifically address the
division'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, the
council shall propose rules for legislative approval in accordance
with article three, chapter twenty-nine-a of this code that would
allow said council to promulgate rules to adopt and review current
rules promulgated under article one of this chapter of the code, and eliminate any said rules exceeding applicable federal
standards.
NOTE: This bill shall allow the Environmental Protection
Advisory Council to review, adopt, and eliminate rules exceeding
applicable federal standards promulgated pursuant to this article,
and otherwise grant this council mandatory rule-making authority.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.