Committee Substitute

for

HOUSE CONCURRENT RESOLUTION 98

(By Delegates Cowles, Dean, Folk, Foster, Harshbarger, Maynard, Rohrbach, Storch, Wagner, Westfall and Williams.)

[Originating in the Committee on Government Organization; Reported March 7, 2018; Referred to the Committee on Rules]

Requesting the Joint Committee on Government and Finance study removing regulation of solid waste facilities and the intrastate transportation of solid waste from the jurisdiction of the Public Service Commission.

Whereas, Solid waste facilities and the intrastate transportation of solid waste are currently under the jurisdiction of the Public Service Commission by its jurisdiction over public utilities, pursuant to §24-2-1 et seq. of the Code of West Virginia, 1931, as amended; and

Whereas, Other regulatory bodies exist with oversight governing intrastate transportation of solid waste and solid waste facilities, including authority of the Solid Waste Management Board, pursuant to §22C-4-1 et seq. of the Code of West Virginia, 1931, as amended, by virtue of its statutory purpose to conserve, develop, and protect the natural resources of the State of West Virginia, and the Department of Environmental Protection, by virtue of the Solid Waste Management Act, pursuant to §22-15-1 et seq. of the Code of West Virginia, 1931, as amended, to provide an efficient and reasonable permitting process for the location, operation, and oversight of the solid waste collection and disposal process; and

Whereas, Removing the Public Service Commission’s jurisdiction will eliminate unnecessary overlap and duplicative regulation, preserving taxpayer resources and encouraging efficiencies in state government; and

Whereas, The Solid Waste Management Board, the Division of Natural Resources, and the Department of Environmental Protection have substantial expertise and experience addressing issues particular to solid waste facilities, the intrastate transportation of solid waste, and related matters; therefore, be it

Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance authorize a study removing regulation of solid waste facilities and the intrastate transportation of solid waste from the jurisdiction of the Public Service Commission; and, be it

Further Resolved, that the Public Service Commission, the Solid Waste Management Board, the Division of Natural Resources, and the Department of Environmental Protection shall cooperate with the Legislature in the conduct of this study; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2019, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.