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H. B. 2571
(By Delegates Craig, White, Marcum, Morgan, Stowers,
Eldridge, Phillips, R., Reynolds, Skaff and Miller)
[Introduced February 20, 2013; referred to the
Committee on Government Organization.]
A BILL to amend and reenact §22B-3-1 of the Code of West Virginia,
1931, as amended, relating to permitting individuals from
state departments and agencies, except the Department of
Environmental Protection, who have received a significant
portion of his or her income, during a two-year period, from
national pollutant discharge elimination system permit holders
and applicants for certain state permit
s to serve as members
of the environmental quality board.
Be it enacted by the Legislature of West Virginia:
That §22B-3-1 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. ENVIRONMENTAL QUALITY BOARD.
§22B-3-1. Environmental quality board; composition and
organization; appointment, qualifications, terms,
vacancies.
(a) On and after the effective date of this article, the "water resources board," heretofore created, shall continue in
existence and hereafter shall be known as the "environmental
quality board."
(b) The board shall be composed of five members who shall be
appointed by the Governor with the advice and consent of the
Senate. Not more than three members of the board shall be of the
same political party. Each appointed member of the board who is
serving in such capacity on the effective date of this article
shall continue to serve on the board until his or her term ends or
he or she resigns or is otherwise unable to serve. As each
member's term ends, or that member is unable to serve, a qualified
successor shall be appointed by the Governor with the advice and
consent of the Senate. Individuals appointed to the board shall be
persons who by reason of previous training and experience are
knowledgeable in the husbandry of the state's water resources and
with at least one member with experience in industrial pollution
control.
(c) No member of the board shall receive or, during the two
years next preceding the member of the board's appointment, shall
have received a significant portion of the member of the board's
income directly or indirectly from a national pollutant discharge
elimination system permit holder or an applicant for a permit
issued under any of the provisions of article eleven, chapter
twenty-two of this code. For the purposes of this subsection: (1) The term "significant portion of the member of the board's income"
means ten percent of gross personal income for a calendar year,
except that it means fifty percent of gross personal income for a
calendar year if the recipient is over sixty years of age and is
receiving such portion pursuant to retirement, a pension or similar
arrangement; (2) the term "income" includes retirement benefits,
consultant fees and stock dividends; (3) income is not received
"directly or indirectly" from "permit holders" or "applicants for
a permit" where it is derived from mutual-fund payments or from
other diversified investments with respect to which the recipient
does not know the identity of the primary sources of income; and
(4) the terms "permit holders" and "applicants for a permit" do not
include any university or college operated by this state or
political subdivision of this state or any department or agency of
this state, other than the Department of Environmental Protection.
(d) The members of the board shall be appointed for
overlapping terms of five years, except that the original
appointments shall be for terms of one, two, three, four and five
years, respectively. Any member whose term expires may be
reappointed by the Governor. In the event a board member is unable
to complete the term, the Governor shall appoint a person with
similar qualification to complete the term. The successor of any
board member appointed pursuant to this article must possess the
qualification as prescribed herein. Each vacancy occurring in the office of a member of the board shall be filled by appointment
within sixty days after such vacancy occurs.
NOTE: The purpose of this bill is to permit individuals from
state departments and agencies, except the Department of
Environmental Protection, who have received a significant portion
of his or her income, during a two-year period, from
national
pollutant discharge elimination system permit holders and
applicants for certain state permit
s to serve as members of the
environmental quality board.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.