Engrossed Version
House Bill 3356 History
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ENGROSSED
H. B. 3356
(By Delegates Michael, Doyle, Cann, Kominar, Browning,
and Williams)
(Originating in the Committee on Finance)
[March 25, 2005]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §22C-3-26; to amend
and reenact §22C-4-3 and §22C-4-4 of said code; 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; circumstances under which solid waste
management board is authorized to intervene in and supersede
the exercise of authority related to certain county or
regional solid waste authorities that operate a solid waste
facility; providing for establishment of a uniform chart of
accounts delineating common revenue and expense account naming
conventions 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; that §22C-4-
3 and §22C-4-4 of said code be amended and reenacted; and that said
code be 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 authority
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
only county or regional solid
waste authorities that operates a solid waste facility.
ARTICLE 4. COUNTY AND REGIONAL SOLID WASTE AUTHORITIES.
§22C-4-3. Creation of county solid waste authority; appointment
to board of directors; vacancies.
(a) Each and every county solid waste authority authorized and
created by the county commission of any county pursuant to former
article sixteen, chapter seven of this code is hereby abolished on
and after the first day of January, one thousand nine hundred
eighty-nine. On and after the first day of January, one thousand nine hundred eighty-nine, a new county solid waste authority is
hereby created and established as a public agency in every county
of the state and is the successor to each county solid waste
authority which may have been created by the county commission:
Provided, That such county solid waste authorities shall not be
established or shall cease to exist, as the case may be, in those
counties which establish a regional solid waste authority pursuant
to section four of this article. The Solid Waste Management Board
may require a county solid waste authority to cooperate and
participate in programs with other authorities if the need arises.
(b) The authority board of directors is comprised of five
members who are appointed as follows: One by the Director of the
Division of Environmental Protection, two by the county commission,
one by the board of supervisors for the Soil Conservation District
in which the county is situated and one by the Chairman of the
Public Service Commission. The members of the board are appointed
for terms of four years for which the initial shall start on the
first day of July, one thousand nine hundred eighty-eight:
Provided, That the first two members appointed by the county
commission shall be appointed to initial terms of two and four
years, respectively, and for terms of four years for each
appointment thereafter: Provided, however, That on and after the
first day of July, two thousand, the member appointed by the
Director of the Division of Environmental Protection shall be
appointed to an initial term of one year and for a term of four
years for each appointment thereafter: Provided further, That the member appointed by the Chairman of the Public Service Commission
shall be appointed to an initial term of three years and for a term
of four years for each appointment thereafter. The members of the
board shall receive no compensation for their service thereon but
shall be reimbursed for their actual expenses incurred in the
discharge of their duties. Vacancies in the office of member of
the board of directors shall be filled for the balance of the
remaining term by the appropriate appointing authority within sixty
days after such vacancy occurs. No member who has any financial
interest in the collection, transportation, processing, recycling
or the disposal of refuse, garbage, solid waste or hazardous waste
shall vote or act on any matter which directly affects the member's
personal interests.
§22C-4-4. Establishment of regional solid waste authorities
authorized; successor to county solid waste
authorities; appointments to board of directors;
vacancies.
(a) On and after the first day of January, one thousand nine
hundred eighty-nine, any two or more counties within the same solid
waste shed and with the approval of the Solid Waste Management
Board, may establish a regional solid waste authority. Such a
regional solid waste authority is a public agency and is the
successor to any county solid waste authority existing on the date
of said approval by the Solid Waste Management Board. The Solid
Waste Management Board may require a county authority to cooperate and participate in programs with other county and regional
authorities if the need arises.
(b) The board of directors of the regional solid waste
authority are appointed as follows: One by the Director of the
Division of Environmental Protection, two by the county commission
of each county participating therein, one by the board of
supervisors for each soil conservation district in which a county
of the region is situated, one by the Chairman of the Public
Service Commission and two municipal representatives from each
county having one or more participating municipality to be selected
by the mayors of the participating municipality from each such
county. The members of the board are appointed for terms of four
years for which the initial terms start on the first day of July,
one thousand nine hundred eighty-eight: Provided, That the members
appointed by the county commission shall be appointed to initial
terms of two and four years, respectively, and to terms of four
years after the expiration of each such initial term: Provided,
however, That on and after the first day of July, two thousand, the
member appointed by the Director of the Division of Environmental
Protection shall be appointed to an initial term of one year and
for a term of four years for each appointment thereafter: Provided
further, That the member appointed by the Chairman of the Public
Service Commission shall be appointed to an initial term of three
years and for a term of four years for each appointment thereafter:
And provided further, That of the two members appointed by the
mayors from each county, one shall be appointed to an initial term of one year and for a term of four years for each appointment
thereafter, and one shall be appointed to an initial term of three
years and for a term of four years for each appointment thereafter.
The members of the board shall receive no compensation for their
service thereon but shall be reimbursed their actual expenses
incurred in the discharge of their duties. Vacancies in the office
of member of the board of directors shall be filled for the balance
of the remaining term by the appropriate appointing authority
within sixty days after such vacancy occurs. No member who has any
financial interest in the collection, transportation, processing,
recycling or the disposal of refuse, garbage, solid waste or
hazardous waste shall vote or act on any matter which directly
affects the member's personal interests.
§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
that operates a commercial solid waste facility
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.