H. B. 4525
(By Delegates Perry, Pino, Staggers,
Ellis and Eldridge)
[Introduced February 13, 2008; referred to the
Committee on Finance.]
A BILL to amend and reenact §5B-2F-2 of the Code of West Virginia,
1931, as amended, relating to powers and duties of the
Division of Energy.
Be it enacted by the Legislature of West Virginia:
That §5B-2F-2 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2F. DIVISION OF ENERGY.
§5B-2F-2. Purpose; office of Director for Energy Development;
director to be member of Public Energy Authority;
division to develop energy policy and development
plan; contents of energy policy and development plan;
and division to promote energy initiatives.
(a) Effective the first day of July, two thousand seven, the
Division of Energy is created as a state agency under the
Department of Commerce. The division may receive federal funds. The division shall be administered by a director, who shall be
appointed by the Governor, by and with the advice and consent of
the Senate, and shall continue to serve until his or her successor
is appointed and qualified as provided. The director shall be
selected with special preference and consideration given to his or
her training, experience, capacity and interest in energy policy
and development activities.
(b) Creation of the division is intended to provide leadership
for developing energy policies emphasizing the increased efficiency
of energy use, the increased development and production of new and
existing domestic energy sources, the increased awareness of energy
use on the environment and the economy, dependable, efficient and
economical statewide energy systems capable of supporting the needs
of the state, increased energy self-sufficiency where the ratio of
indigenous to imported energy use is increased, reduce the ratio
energy consumption to economic activity and maintain low-cost
energy. The energy policies and development plans shall also
provide direction for the private sector.
(c) The director shall administer the daily operations of the
Public Energy Authority provided under the provisions of chapter
five-d of this code. The director shall also have authority over
the Office of Coalfield Community Development, created by the
provisions of article two-a of this chapter, and the energy
efficiency program existing under the West Virginia Development Office which are hereby transferred to the division. The director
shall effectuate coordination of these entities relative to the
purposes provided in this article.
(d) The division shall develop an energy policy and shall
report the same back to the Governor and the Joint Committee on
Government and Finance before the first day of December, two
thousand seven. The energy policy shall be a five-year plan
setting forth the state's energy policies and shall provide a
direction for the private sector. Prior to the expiration of the
energy policy, the division shall begin review of the policy and
submit a revised energy policy to the Governor and the Joint
Committee on Government and Finance six months before the
expiration of the policy.
(e) The director shall be a member of the Public Energy
Authority and as such shall attend and participate in all official
meetings and public hearings conducted under the auspices of the
authority.
(f) The division shall prepare and submit an annual energy
development plan to the Governor and the Joint Committee on
Government and Finance on or before the first day of December of
each year. The development plan shall relate to the division's
implementation of the energy policy and the activities of the
division during the previous year. The development plan shall
include any recommended legislation. The Public Energy Authority, the Office of Coalfield Community Development, the energy
efficiency program, the Department of Environmental Protection and
the Public Service Commission, in addition to their other duties
prescribed by this code, shall assist the division and the director
in the development of an energy policy and related development
plans. The energy development plan shall set forth the plans for
implementing the state's energy policy and shall provide a
direction for the private sector. The energy development plan
shall recognize the powers of the Public Energy Authority as to
development and financing of projects under its jurisdiction and
shall make such recommendations as are reasonable and practicable
for the exercise of such powers.
(g) The division shall hold public hearings and meetings with
notice to receive public input regarding proposed energy policies
and development plans. The energy policy and development plans
required by subsections (d) and (f) of this section shall address
increased efficiency of energy use, traditional and alternative
energy, water as a resource and a component of energy production,
energy distribution systems, the siting of energy facilities, the
increased development and production of new and existing domestic
energy sources, increased awareness of energy use on the
environment and the economy, energy infrastructure, the development
and implementation of renewable, clean, technically innovative and
advanced energy projects in this state. Projects may include, without limitation, solar and wind energy, low-impact hydro power,
geothermal, biomass, landfill gas, fuel cells, renewable hydrogen
fuel technologies, waste coal, coal mine methane, coal gasification
to ultraclean fuels, solid waste to fuel grade ethanol and coal
liquefaction technologies.
(h) The division may propose rules for legislative approval in
accordance with the provisions of article three, chapter
twenty-nine-a of this code designed to implement an energy policy
and development plan in accordance with the provisions of this
chapter.
(i) The energy policy and development plans required by
subsections (d) and (f) of this section shall identify and report
on the energy infrastructure in this state and include without
limitation energy infrastructure related to protecting the state's
essential data, information systems and critical government
services in times of emergency, inoperativeness or disaster. In
consultation with the Director of the Division of Homeland Security
and Emergency Management, the director of the division shall
encourage the development of energy infrastructure and strategic
resources that will ensure the continuity of governmental
operations in situations of emergency, inoperativeness or disaster.
(j) In preparing or revising the energy policy and development
plan, the division may rely upon internal staff reports or the
advice of outside advisors or consultants and may procure such services with the consent of the Secretary of Commerce. The
division may also involve national, state and local government
leadership and energy experts.
(k) The division shall prepare an energy use database,
including without limitation, end-use applications and
infrastructure needs for different classes of energy users
including residential, commercial and industrial users, data
regarding the interdependencies and sources of electricity, oil,
coal, water and gas infrastructure, data regarding energy use of
schools and state-owned facilities and collect data on the impact
of the energy policy and development plan on the decisions and
strategies of energy users of the state.
(l) The division shall promote collaboration between the
state's universities and colleges, private industry and nonprofit
organizations to encourage energy research and leverage available
federal energy research and development resources.
(m) The division shall promote initiatives to enhance the
nation's energy security through research and development directed
at transforming the state's energy resources into the resources
that fuel the nation.
(n) The Performance Evaluation and Research Division of the
Legislative Auditor's office shall perform an agency review of the
Division of Energy in two thousand ten as part of its review of the
Department of Commerce as set forth in article four, chapter ten of this code.
(o) Notwithstanding anything else in this code, the Division
of Energy shall administer the West Virginia Weatherization Program
and shall promote the program as set forth by the United States
Department of Energy, in C.F.R. Title 10, Part 440.
NOTE: The purpose of this bill is to place the Weatherization
Program under the control of the Division of Energy.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.