HB 4030 Text

COMMITTEE SUBSTITUTE
FOR
H. B. 4030
(By Mr. Speaker, Mr. Chambers, and Delegate Burk)
[By Request of the Executive]

(Originating in the Committee on Government Organization)

[March 2, 1994]

A BILL to repeal article two-b, chapter five-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend article one of said chapter five-b by adding thereto a new section, designated section four-a; to amend and reenact sections four and five, article one, chapter five-d of said code; to amend and reenact section one, article two, chapter five-f of said code; to further amend said article two by adding thereto two new sections, designated sections five and six; to amend and reenact section two, article ten-a, chapter eighteen of said code; to amend article twelve-a, chapter nineteen of said code by adding thereto a new section, designated section one-a, all relating to the reorganization of certain governmental agencies; repealing provisions related to enterprise zones and an enterprise zone authority; abolishing the division of tourism and parks, transferring functions related to parks and recreation to the division of natural resources, transferring functions related to tourism to the West Virginia development office and authorizing the governor to implement the transfer by executive action; changing compensation and expense reimbursement of the public energy authority and terminating power and duty of the authority to finance additional projects; abolishing the department of commerce, labor and environmental resources and providing for lines of authority for entities formerly within that department; continuing division of rehabilitation services as a division of the department of education and the arts under the secretary of the department of education and the arts; requiring report on West Virginia rehabilitation hospital; transferring the commission for the hearing impaired to the department of health and human resources; transferring the division of banking, the board of banking and financial institutions, and the lending rate board, to the department of tax and revenue; placing the hospital finance authority and the municipal bond commission under the board of investments for purposes of administrative support and liaison; authorizing the governor to transfer independent boards from agencies whose decisions they may be called upon to review, and providing for specific legislation to be recommended to the Legislature; requiring director of debt management commission and secretary of the department of administration to report on recommended administrative and legislative actions for boards and commissions issuing bonds or incurring debt; abolishing the farm management commission and transferring institutional farms to the department of agriculture; and requiring commissioner of agriculture to report on recommended use or disposition of property transferred.

Be it enacted by the Legislature of West Virginia:

That article two-b, chapter five-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be repealed; that article one of said chapter five-b be amended by adding thereto a new section, designated section four-a; that sections four and five, article one, chapter five-d of said code be amended and reenacted; that section one, article two, chapter five-f of said code be amended and reenacted; that said article two be further amended by adding thereto two new sections, designated sections five and six; that section two, article ten-a, chapter eighteen of said code be amended and reenacted; that article twelve-a, chapter nineteen of said code be amended by adding thereto a new section, designated section one-a, all to read as follows:

CHAPTER 5B. ECONOMIC DEVELOPMENT ACT OF 1985.

ARTICLE 1. DIVISION OF TOURISM AND PARKS.

§ 5B - 1 - 4a. Abolishment of the division of tourism and parks; transfer of functions.

(a) The division of tourism and parks and the office of commissioner of tourism and parks is hereby abolished effective the first day of July, one thousand nine hundred ninety-five. Not later than the first day of January, one thousand nine hundred ninety-five, the sections and functions of the division of tourism and parks related to state parks, state recreation areas and wildlife recreation areas shall be transferred to the division of natural resources and all sections and functions of the division of tourism and parks related to tourism shall be transferred to the West Virginia development office.

(b) The governor shall, by executive order, implement the transfer of sections and functions provided for in subsection (a) of this section. The governor may provide by said executive order for the transfer, in whole or in part, of any section in the division of tourism and parks and the offices, assets, liabilities, contracts, property, records, personnel, and functions of any section in the division of tourism and parks. The governor may also provide by said executive order for the merger, combination and renaming of any section in the division of tourism and parks.
(c) The authority to make transfers as provided in subsection (a) of this section shall expire on the first day of January, one thousand nine hundred ninety-five. The authority granted in this section shall not be construed to permit the governor to transfer the duty and authority to manage any particular state park or state recreation area without transferring the duty and authority to manage all state park and recreation areas.
(d) Upon transfers as authorized in subsection (a) of this section, the governor may transfer the funds appropriated to the section transferred or attributable to the function transferred in order to implement the transfer: Provided, That the authority to transfer funds under this section shall expire on the thirtieth day of June, one thousand nine hundred ninety-five: Provided, however, That no funds may be transferred from a special revenue account, dedicated account, capital expenditure account or any other dedicated account or fund for any use or purpose other than the purpose for which the account or fund is dedicated: Provided, further, That nothing herein shall be construed to prohibit the expenditure of lottery proceeds for those purposes specifically authorized in subsection (i), section eighteen, article twenty-two of this code: And provided further, That of any funds transferred which were appropriated to the division of tourism and parks and allocated for purposes of advertising and marketing expenses for the promotion and development of tourism, not less than twenty percent of the funds shall be expended to advertise, promote and market state parks, state forests, state recreation areas or cultural and wildlife recreational resources.
(e) Upon the exercise of the powers granted in subsection (a) of this section, the governor shall submit to the Legislature a report setting forth the reorganization implemented by executive action pursuant to this section, any recommendations for further reorganization requiring legislative action and drafts of specific legislation for consideration by the Legislature during the regular session in the year one thousand nine hundred ninety-five to conform this code to the reorganization implemented by executive action.
(f) All persons employed on the effective date of this section in the division of tourism and parks, the duties and functions of are transferred pursuant to this section shall retain their coverage under the civil service system and all matters relating to job classification, job tenure, salary and conditions of employment are governed by the provisions of article six, chapter twenty-nine of this code.
CHAPTER 5D. PUBLIC ENERGY AUTHORITY ACT.

ARTICLE 1. PUBLIC ENERGY AUTHORITY OF THE STATE OF WEST VIRGINIA.

§ 5D - 1 - 4. West Virginia public energy authority continued; West Virginia public energy board continued; organization of authority and board; appointment of board members; term, compensation and expenses; director of authority; appointment.

The West Virginia public energy authority heretofore created is hereby continued. The authority is a governmental instrumentality of the state and a body corporate. The exercise by the authority of the powers conferred by this article and the carrying out of its purposes and duties are determined to be essential governmental functions and for a public purpose.

The authority shall be controlled, managed and operated by a nine member board known as the West Virginia public energy authority board which is hereby continued. The nine members of the board shall be appointed by the governor, by and with the advice and consent of the Senate. Two members shall be appointed to serve a term of two years; two members shall be appointed to serve a term of three years; two members shall be appointed to serve a term of four years; two members shall be appointed to serve a term of five years; and one member shall be appointed to serve a term of six years. The successor of each such appointed member shall be appointed for a term of five years, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. Each board member shall serve until the appointment of his successor. No more than five of the board members shall at any one time belong to the same political party. No more than four members of the board shall be employed by or associated with any industry this authority is empowered to affect. Two members of the board shall be persons who have significant experience in the advocacy of environmental protection. Board members may be reappointed to serve additional terms.
All members of the board shall be citizens of the state. Before entering upon his or her duties, each member of the board shall comply with the requirements of article one, chapter six of this code and give bond in the sum of twenty-five thousand dollars in the manner provided in article two, chapter six of this code. The governor may remove any board member for cause as provided in article six, chapter six of this code.
Annually the board shall elect one of its members as chairman and another as vice chairman, and shall appoint a secretary-treasurer, who need not be a member of the board. Five members of the board shall constitute a quorum and the affirmative vote of the majority of members present at any meeting shall be necessary for any action taken by vote of the board. No vacancy in the membership of the board shall impair the rights of a quorum by such vote to exercise all the rights and perform all the duties of the board and the authority. The person appointed as secretary-treasurer, including a board member if he is so appointed, shall give bond in the sum of fifty thousand dollars in the manner provided in article two, chapter six of this code.
~~Each member of the board appointed prior to the first day of~~ ~~July, one thousand nine hundred ninety, shall receive an annual~~ ~~salary of six thousand dollars. Each member appointed thereafter~~ ~~shall receive two hundred dollars per diem for each day or~~ ~~portion thereof spent in the discharge of his or her official~~ ~~duties, not to exceed six thousand dollars in any fiscal year.~~ ~~Each member of the board shall be reimbursed for all reasonable~~ ~~and necessary expenses actually incurred in the performance of~~ ~~his or her duty as a member of such board.~~ Each member of the board shall receive 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. All such expenses incurred by the board shall be payable solely from funds of the authority or from funds appropriated to the authority for such purpose by the Legislature and no liability or obligation shall be incurred by the authority beyond the extent to which moneys are available from funds of the authority or from such appropriations.
There shall also be a director of the authority appointed by the governor, with the advice and consent of the Senate, who shall serve at the governor's will and pleasure, who shall be responsible for managing and administering the daily functions of the authority and for performing any and all other functions necessary or helpful to the effective functioning of the authority, together with all other functions and powers as may be delegated by the board.

§ 5D - 1 - 5. Powers, duties and responsibilities of authority generally; termination of certain powers.

The West Virginia public energy authority is hereby granted, has and may exercise all powers necessary or appropriate to carry out and effectuate its corporate purpose. The authority shall have the power and capacity to:

(1) Adopt, and from time to time, amend and repeal bylaws necessary and proper for the regulation of its affairs and the conduct of its business and rules and regulations to implement and make effective its powers and duties, such rules and regulations to be promulgated in accordance with the provisions of chapter twenty-nine-a of this code.
(2) Adopt and use an official seal and alter the same at pleasure.
(3) Maintain a principal office and, if necessary, regional suboffices at locations properly designated or provided.
(4) Sue and be sued in its own name and plead and be impleaded in its own name, and particularly to enforce the obligations and covenants made under this article. Any actions against the authority shall be brought in the circuit court of Kanawha County.
(5) Foster, encourage and promote the mineral development industry.
(6) Represent the state with respect to national initiatives concerning the mineral development industry, and international marketing activities affecting the mineral development industry.
(7) Engage in strategic planning to enable the state to cope with changes affecting or which may affect the mineral development industry.
(8) Acquire, whether by purchase, construction, gift, lease, lease-purchase or otherwise, any electric power project or natural gas transmission project. In the event that an electric power project to be constructed pursuant to this article is designed to utilize coal wastes for the generation of electricity or the production of other energy, such project shall also be capable of using coal as its primary energy input: Provided, That it shall be demonstrated to the authority's satisfaction that quantities of coal wastes exist in amounts sufficient to provide energy input for such project for the term of the bonds or notes issued by the authority to finance the project and are accessible to the project.
(9) Lease, lease with an option by the lessee to purchase, sell, by installment sale or otherwise, or otherwise dispose of, to persons other than governmental agencies, any or all of its electric power projects or natural gas transmission projects for such rentals or amounts and upon such terms and conditions as the public energy authority board may deem advisable.
(10) Finance one or more electric power projects or natural gas transmission projects by making secured loans to persons other than governmental agencies to provide funds for the acquisition, by purchase, construction or otherwise, of any such project or projects.
(11) Issue bonds for the purpose of financing the cost of acquisition and construction of one or more electric power projects or natural gas transmission projects or any additions, extensions or improvements thereto which will be sold, leased with an option by the lessee to purchase, leased or otherwise disposed of to persons other than governmental agencies or for the purpose of loaning the proceeds thereof to persons other than governmental agencies for the acquisition and construction of said projects or both. Such bonds shall be issued and the payment of such bonds secured in the manner provided by the applicable provisions of sections seven, eight, nine, ten, eleven, twelve, thirteen and seventeen, article two-c, chapter thirteen of this code: Provided, That the principal and interest on such bonds shall be payable out of the revenues derived from the lease, lease with an option by the lessee to purchase, sale or other disposition of or from loan payments in connection with the electric power project or natural gas transmission project for which the bonds are issued, or any other revenue derived from such electric power project or natural gas transmission project.
(12) In the event that the electric power project or natural gas transmission project is to be owned by a governmental agency, apply to the economic development authority for the issuance of bonds payable solely from revenues as provided in article fifteen, chapter thirty-one of this code: Provided, That the economic development authority shall not issue any such bonds except by an act of general law: Provided, however, That the authority shall require that in the construction of any such project, prevailing wages shall be paid as part of a project specific agreement which also takes into account terms and conditions contained in the West Virginia - Ohio valley market retention and recovery agreement or a comparable agreement.
(13) Acquire by gift or purchase, hold and dispose of real and personal property in the exercise of its powers and the performance of its duties as set forth in this article.
(14) Acquire in the name of the state, by purchase or otherwise, on such terms and in such manner as it deems proper, or by the exercise of the right of eminent domain in the manner provided in chapter fifty-four of this code, such real property or parts thereof or rights therein, rights-of-way, property, rights, easements and interests it deems necessary for carrying out the provisions of this article, and compensation shall be paid for public or private lands so taken; and the authority may sell any of the real property or parts thereof or rights therein, rights-of-way, property, rights, easements and interests acquired hereunder in such manner and upon such terms and conditions as the authority deems proper: Provided, That if the authority determines that land or an interest therein acquired by the authority through the exercise of the power of eminent domain for the purpose of this article is no longer necessary or useful for such purposes, and if the authority desires to sell such land or interest therein, the authority shall first offer to sell such land or interest to the owner or owners from whom it was acquired, at a price equal to its fair market value: Provided, however, That if the prior owner or owners shall decline to reacquire the land or interest therein, the authority shall be authorized to dispose of such property by direct sale, auction, or competitive bidding. In no case shall such land or an interest therein acquired under this subdivision be sold for less than its fair market value. This article does not authorize the authority to take or disturb property or facilities belonging to any public utility or to a common carrier, which property or facilities are required for the proper and convenient operation of such public utility or common carrier, except for the acquisition of easements or rights-of-way which will not unreasonably interfere with the operation of the property or facilities of such public utility or common carrier, and in the event of the taking or disturbance of property or facilities of public utility or common carrier, provision shall be made for the restoration, relocation or duplication of such property or facilities elsewhere at the sole cost of the authority.
The term "real property" as used in this article is defined to include lands, structures, franchises and interests in land, including lands under water and riparian rights, and any and all other things and rights usually included within the said term, and includes also any and all interests in such property less than full title, such as easements, rights-of-way, uses, leases, licenses and all other incorporeal hereditaments and every estate, interest or right, legal or equitable, including terms for years and liens thereon by way of judgments, mortgages or otherwise, and also all claims for damages for such real estate.
For the purposes of this section "fair market value" shall be determined by an appraisal made by an independent person or firm chosen by the authority. The appraisal shall be performed using the principles contained in the "Uniform Appraisal Standards for Federal Land Acquisitions" published under the auspices of the Interagency Land Acquisition Conference, United States Government Printing Office, 1972.
(15) Make and enter into all contracts and agreements and execute all instruments necessary or incidental to the performance of its duties and the execution of its powers: Provided, That if any electric power project or natural gas transmission project is to be constructed by a person other than a governmental agency, and with whom the authority has contracted to lease, sell or finance such project upon its completion, then the authority shall not be required to comply with the provisions of article twenty-two, chapter five of this code requiring the solicitation of competitive bids for the construction of such a project.
(16) Employ managers, superintendents and other employees, and retain or contract with consulting engineers, financial consultants, accountants, architects, attorneys, and such other consultants and independent contractors as are necessary in its judgment to carry out the provisions of this article, and fix the compensation or fees thereof. All expenses thereof shall be payable solely from the proceeds of bonds issued by the economic development authority, from the proceeds of bonds issued by or loan payments, lease payments or other payments received by the authority, from revenues and from funds appropriated for such purpose by the Legislature.
(17) Receive and accept from any federal agency, or any other source, grants for or in aid of the construction of any project or for research and development with respect to electric power projects, natural gas transmission projects or other energy projects, and receive and accept aid or contribution from any source of money, property, labor or other things of value to be held, used and applied only for the purpose for which such grants and contributions are made.
(18) Purchase property coverage and liability insurance for any electric power project or natural gas transmission project or other energy project and for the principal office and suboffices of the authority, insurance protecting the authority and its officers and employees against liability, if any, for damage to property or injury to or death of persons arising from its operations and any other insurance which may be provided for under a resolution authorizing the issuance of bonds or in any trust agreement securing the same.
(19) Charge, alter and collect transportation fees and other charges for the use or services of any natural gas transmission project as provided in this article.
(20) Charge and collect fees or other charges from any energy project undertaken as a result of this article.
(21) When the electric power project is owned and operated by the authority, charge reasonable fees in connection with the making and providing of electric power and the sale thereof to corporations, states, municipalities or other entities in the furtherance of the purposes of this article.
(22) Purchase and sell electricity or other energy produced by an electric power project in and out of the state of West Virginia.
(23) Enter into wheeling contracts for the transmission of electric power over the authority's or another party's lines.
(24) Make and enter into contracts for the construction of a project facility and joint ownership with another utility, and the provisions of this article shall not constrain the authority from participating as a joint partner therein.
(25) Make and enter into joint ownership agreements.
(26) Establish or increase reserves from moneys received or to be received by the authority to secure or to pay the principal of and interest on the bonds issued by the economic development authority pursuant to the provisions of article fifteen, chapter thirty-one of this code or bonds issued by the authority.
(27) Broker the purchase of natural gas for resale to end-users: Provided, That whenever there are local distribution company pipelines already in place the authority shall arrange to transport the gas through such pipelines at the rates approved by the public service commission of West Virginia.
(28) Engage in market research, feasibility studies, commercial research, and other studies and research pertaining to electric power projects and natural gas transmission projects or any other functions of the authority pursuant to this article.
(29) Enter upon any lands, waters and premises in the state for the purpose of making surveys and examinations as it may deem necessary or convenient for the purpose of this article, and such entry shall not be deemed a trespass, nor shall an entry for such purposes be deemed an entry under any condemnation proceedings which may be then pending, and the authority shall make reimbursement for any actual damages resulting to such lands, waters and premises as a result of such activities.
(30) Participate in any reorganization proceeding pending pursuant to the United States Code (being the act of Congress establishing a uniform system of bankruptcy throughout the United States, as amended) or any receivership proceeding in a state or federal court for the reorganization or liquidation of a responsible buyer or responsible tenant. The authority may file its claim against any such responsible buyer or responsible tenant in any of the foregoing proceedings, vote upon any question pending therein, which requires the approval of the creditors participating in any reorganization proceeding or receivership, exchange any evidence of such indebtedness for any property, security or evidence of indebtedness offered as a part of the reorganization of such responsible buyer or responsible tenant or of any entity formed to acquire the assets thereof and may compromise or reduce the amount of any indebtedness owing to it as a part of any such reorganization.
(31) Make or enter into management contracts with a second party or parties to operate any electric power project or any gas transmission project and associated facilities, or other related energy project, either during construction or permanent operation.
(32) Do all acts necessary and proper to carry out the powers expressly granted to the authority in this article.
(33) Nothing herein shall be construed to permit the transportation of gas produced outside of this state through a natural gas transmission project.
(34) The authority shall, after consultation with other agencies of state government having environmental regulatory functions, promulgate legislative rules pursuant to chapter twenty-nine-a of this code, to establish standards and principles to be applied to all projects in assessing the effects of projects on the environment: Provided, That when a proposed project requires an environmental impact statement pursuant to the National Environmental Policy Act of 1969, a copy of the environmental impact statement shall be filed with the authority and be made available prior to any final decision or final approval of any project and prior to the conducting of any public hearings regarding the project, and in any such case, no assessment pursuant to the legislative rule need be made.
(35) The power and authority granted to the public energy authority pursuant to this section and section six of this article to initiate, acquire, construct, finance or issue bonds for electric power projects and transmission facilities, or to exercise the power of eminent domain with respect to any project, shall terminate on the effective date of this section: Provided, That nothing herein shall be construed to affect the validity of any act of the public energy authority prior the the effective date of this section or to impair the rights of bondholders with respect to bonds or other evidence of indebtedness issued prior to the effective date of this section. Following the effective date of this section, the public energy authority may exercise any power expressly granted pursuant to this section or section six of this article with respect to any project or facility previously constructed or acquired, any existing contractual obligations, and any outstanding bonded indebtedness.

CHAPTER 5F. REORGANIZATION OF THE EXECUTIVE BRANCH

OF STATE GOVERNMENT.

ARTICLE 2. TRANSFER OF AGENCIES AND BOARDS.

5F-2-1. Transfer and incorporation of agencies and boards; funds.

(a) Department of administration -- The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any such agency or board, are hereby transferred to and incorporated in and shall be administered as a part of the department of administration:

(1) Building commission provided for in article six, chapter five of this code;
(2) Public employees insurance agency and public employees insurance agency advisory board provided for in article sixteen, chapter five of this code;
(3) Council of finance and administration provided for in article one, chapter five-a of this code;
(4) Employee suggestion award board provided for in article one-a, chapter five-a of this code;
(5) Governor's mansion advisory committee provided for in article four-a, chapter five-a of this code;
(6) Commission on uniform state laws provided for in article one-a, chapter twenty-nine of this code;
(7) Education and state employees grievance board provided for in article twenty-nine, chapter eighteen and article six-a, chapter twenty-nine of this code;
(8) Board of risk and insurance management provided for in article twelve, chapter twenty-nine of this code;
(9) Boundary commission provided for in article twenty-three, chapter twenty-nine of this code;
(10) Public defender services provided for in article twenty-one, chapter twenty-nine of this code;
(11) Division of personnel provided for in article six, chapter twenty-nine of this code;
(12) The West Virginia ethics commission provided for in article two, chapter six-b of this code; and
(13) Consolidated public retirement board provided for in article ten-d, chapter five of this code.
(b) ~~The following agencies and boards, including all of the~~ ~~allied, advisory, affiliated or related entities and funds~~ ~~associated with any such agency or board, are hereby transferred~~ ~~to and incorporated in and shall be administered as a part of the~~ ~~department of commerce, labor and environmental resources:~~
~~(1) Forest management review commission provided for in~~ ~~article twenty-four, chapter five of this code;~~
~~(2) Division of tourism and parks provided for in article~~ ~~one, chapter five-b of this code;~~
~~(3) Office of community and industrial development or~~ ~~successor agency provided for in article two, chapter five-b of~~ ~~this code~~
~~(4) Enterprise zone authority provided for in article two-b,~~ ~~chapter five-b of this code;~~
~~(5) Office of federal procurement assistance provided for in~~ ~~article two-c, chapter five-b of this code;~~
~~(6) Labor-management council provided for in article four,~~ ~~chapter five-b of this code;~~
~~(7) Public energy authority and board provided for in chapter~~ ~~five-d of this code;~~
~~(8) Air pollution control commission provided for in article~~ ~~twenty, chapter sixteen of this code;~~
~~(9) Solid waste management board provided for in article~~ ~~twenty-six, chapter sixteen of this code;~~
~~(10) Division of forestry and forestry commission provided~~ ~~for in article one-a, chapter nineteen of this code;~~
~~(11) Division of natural resources and natural resources~~ ~~commission provided for in article one, chapter twenty of this~~ ~~code;~~
~~(12) Water resources board provided for in article five,~~ ~~chapter twenty of this code;~~
~~(13) Water development authority and board provided for in~~ ~~article five-c, chapter twenty of this code;~~
~~(14) Division of labor provided for in article one, chapter~~ ~~twenty-one of this code;~~
~~(15) Occupational safety and health review commission~~ ~~provided for in article three-a, chapter twenty-one of this code;~~
~~(16) Board of manufactured housing construction and safety~~ ~~provided for in article nine, chapter twenty-one of this code;~~
~~(17) Division of environmental protection provided for in~~ ~~article one, chapter twenty-two of this code;~~
~~(18) Reclamation board of review provided for in article~~ ~~four, chapter twenty-two of this code;~~
~~(19) Board of appeals provided for in article five, chapter~~ ~~twenty-two of this code;~~
~~(20) Board of coal mine health and safety and coal mine~~ ~~safety and technical review committee provided for in article~~ ~~six, chapter twenty-two of this code;~~
~~(21) Shallow gas well review board provided for in article~~ ~~seven, chapter twenty-two of this code;~~
~~(22) Oil and gas conservation commission provided for in~~ ~~article eight, chapter twenty-two of this code;~~
~~(23) Board of miner training, education and certification~~ ~~provided for in article nine, chapter twenty-two of this code;~~
~~(24) Mine inspectors' examining board provided for in article~~ ~~eleven, chapter twenty-two of this code;~~
~~(25) Oil and gas inspectors' examining board provided for in~~ ~~article thirteen, chapter twenty-two of this code;~~
~~(26) Geological and economic survey provided for in article~~ ~~two, chapter twenty-nine of this code;~~
~~(27) Blennerhassett historical state park commission provided~~ ~~for in article eight, chapter twenty-nine of this code;~~
~~(28) Economic development authority provided for in article~~ ~~fifteen, chapter thirty-one of this code;~~
~~(29) Division of banking provided for in article two, chapter~~ ~~thirty-one-a of this code;~~
~~(30) Board of banking and financial institutions provided for~~ ~~in article three, chapter thirty-one-a of this code;~~
~~(31) Lending and credit rate board provided for in chapter~~ ~~forty-seven-a of this code; and~~
~~(32)~~ ~~(29)~~ ~~Bureau of employment programs provided for in~~ ~~article one, chapter twenty~~-~~one~~-~~a of this code;~~
The department of commerce, labor and environmental resources and the office of secretary of the department of commerce, labor and environmental resources are hereby abolished. The administrators of the following agencies and boards shall report directly to the governor:
(1) Division of environmental protection provided for in article one, chapter twenty-two of this code;
(2) West Virginia development office provided for in article two, chapter five-b of this code. Administrative support and liaison with the office of the governor for the economic development authority provided for in article fifteen, chapter thirty-one of this code shall be provided by the West Virginia development office: Provided, That nothing in this subdivision shall be construed to limit the independence and autonomy of the economic development authority;
(3) Division of forestry and forestry commission provided for in article one-a, chapter nineteen of this code;
(4) Geological and economic survey provided for in article two, chapter twenty-nine of this code;
(5) Bureau of employment programs provided for in article one, chapter twenty-one-a of this code;
(6) Division of natural resources and natural resources commission provided for in article one, chapter twenty of this code. The Blennerhassett historical state park commission provided for in article eight, chapter twenty-nine of this code is hereby transferred to the division of natural resources and the director of the division of natural resources shall have and may exercise the the powers and authority granted to department secretaries pursuant to section two of this article with respect to the commission; and
(7) Division of labor provided for in article one, chapter twenty-one of this code. The following agencies and boards are hereby transferred to the division of labor, and the commissioner of the division of labor shall have and may exercise the powers and authority granted to department secretaries pursuant to section two of this article with respect to agencies and boards transferred:
(A) Labor-management council provided for in article four, chapter five-b of this code;
(B) Occupational safety and health review commission provided for in article three-a, chapter twenty-one of this code;
(C) Board of manufactured housing construction and safety provided for in article nine, chapter twenty-one of this code;
(D) Board of coal mine health and safety and coal mine safety and technical review committee provided for in article six, chapter twenty-two-a of this code;
(E) Board of miner training, education and certification provided for in article nine, chapter twenty-two of this code; and
(F) Mine inspectors' examining board provided for in article nine, chapter twenty-two-a of this code.
(c) Department of education and the arts -- The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any such agency or board, are hereby transferred to and incorporated in and shall be administered as a part of the department of education and the arts:
(1) Library commission provided for in article one, chapter ten of this code;
(2) Educational broadcasting authority provided for in article five, chapter ten of this code;
(3) University of West Virginia board of trustees provided for in article two, chapter eighteen-b of this code;
(4) Board ~~and board~~ of directors of the state college system provided for in article three, chapter eighteen-b of this code; ~~and~~
~~(4)~~ (5) Joint commission for vocational-technical-occupational education provided for in article three-a, chapter eighteen-b of this code;
(6) Division of culture and history provided for in article one, chapter twenty-nine of this code; and
(7) Division of rehabilitation services established by section two, article ten-a, chapter eighteen of this code.
(d) Department of health and human resources -- The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any such agency or board, are hereby transferred to and incorporated in and shall be administered as a part of the department of health and human resources:
(1) Human rights commission provided for in article eleven, chapter five of this code;
~~(2)~~ (1) Division of human services provided for in article two, chapter nine of this code;
~~(3)~~ (2) Division of health provided for in article one, chapter sixteen of this code;
~~(4)~~ (3) Office of emergency medical services and advisory council thereto provided for in article four-c, chapter sixteen of this code;
~~(5)~~ ~~Hospital finance authority provided for in article~~ ~~twenty-nine-a, chapter sixteen of this code~~;
~~(6)~~ (4) Health care cost review authority provided for in article twenty-nine-b, chapter sixteen of this code;
~~(7)~~ ~~Structural barriers compliance board provided for in~~ ~~article ten-f, chapter eighteen of this code~~;
~~(8)~~ (5) Commission on aging provided for in article fourteen, chapter twenty-nine of this code;
~~(9)~~ (6) Commission on mental retardation provided for in article fifteen, chapter twenty-nine of this code;
(7) West Virginia commission for the hearing impaired provided for in article fourteen, chapter five of this code; and
~~(10)~~ (8) Women's commission provided for in article twenty, chapter twenty-nine of this code.
(e) Department of military affairs and public safety -- The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any such agency or board, are hereby transferred to and incorporated in and shall be administered as a part of the department of military affairs and public safety:
(1) Adjutant general's department provided for in article one-a, chapter fifteen of this code;
(2) Armory board provided for in article six, chapter fifteen of this code;
(3) Military awards board provided for in article one-g, chapter fifteen of this code;
(4) Division of public safety provided for in article two, chapter fifteen of this code;
(5) Office of emergency services and disaster recovery board provided for in article five and emergency response commission provided for in article five-a, chapter fifteen of this code;
(6) Sheriffs' bureau provided for in article eight, chapter fifteen of this code;
(7) Division of corrections provided for in chapter twenty-five of this code;
(8) Fire commission provided for in article three, chapter twenty-nine of this code;
(9) Regional jail and correctional facility authority provided for in article twenty, chapter thirty-one of this code;
(10) Board of probation and parole provided for in article twelve, chapter sixty-two of this code; and
(11) Division of veterans' affairs and veterans' council provided for in article one, chapter nine-a of this code.
(f) Department of tax and revenue -- The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any such agency or board, are hereby transferred to and incorporated in and shall be administered as a part of the department of tax and revenue:
(1) Tax division provided for in article one, chapter eleven of this code;
(2) Appraisal control and review commission provided for in article one-a, chapter eleven of this code;
~~(3) Municipal bond commission provided for in article three,~~ ~~chapter thirteen of this code;~~
~~(4)~~ (3) Racing commission provided for in article twenty-three, chapter nineteen of this code;
~~(5)~~ (4) Lottery commission and position of lottery director provided for in article twenty-two, chapter twenty-nine of this code;
~~(6)~~ (5) Agency of insurance commissioner provided for in article two, chapter thirty-three of this code;
~~(7)~~ (6) Office of alcohol beverage control commissioner provided for in article sixteen, chapter eleven and article two, chapter sixty of this code; ~~and~~
~~(8) Division of professional and occupational licenses which~~ ~~may be hereafter created by the Legislature;~~ (7) Board of banking and financial institutions provided for in article three, chapter thirty-one-a of this code;
(8) Lending and credit rate board provided for in chapter forty-seven-a of this code; and
(9) Division of banking provided for in article two, chapter thirty-one-a of this code.
(g) Department of transportation -- The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any such agency or board, are hereby transferred to and incorporated in and shall be administered as a part of the department of transportation:
(1) Road commission provided for in article two, chapter seventeen of this code;
(2) Division of highways provided for in article two-a, chapter seventeen of this code;
(3) Parkways, economic development and tourism authority provided for in article sixteen-a, chapter seventeen of this code;
(4) Division of motor vehicles provided for in article two, chapter seventeen-a of this code;
(5) Driver's licensing advisory board provided for in article two, chapter seventeen-b of this code;
(6) Aeronautics commission provided for in article two-a, chapter twenty-nine of this code;
(7) ~~Railroad maintenance~~ State rail authority provided for in article eighteen, chapter twenty-nine of this code; and
(8) Port authority provided for in article sixteen-b, chapter seventeen of this code.
(h) Except for such powers, authority and duties as have been delegated to the secretaries of the departments by the provisions of section two of this article, the existence of the position of administrator and of the agency and the powers, authority and duties of each administrator and agency shall not be affected by the enactment of this chapter.
(i) Except for such powers, authority and duties as have been delegated to the secretaries of the departments by the provisions of section two of this article, the existence, powers, authority and duties of boards and the membership, terms and qualifications of members of such boards shall not be affected by the enactment of this chapter, and all boards which are appellate bodies or were otherwise established to be independent decisionmakers shall not have their appellate or independent decision-making status affected by the enactment of this chapter.
(j) Any department previously transferred to and incorporated in a department created in section two, article one of this chapter by prior enactment of this section in chapter three, acts of the Legislature, first extraordinary session, one thousand nine hundred eighty-nine, and subsequent amendments thereto, shall henceforth be read, construed and understood to mean a division of the appropriate department so created. Wherever elsewhere in this code, in any act, in general or other law, in any rule or regulation, or in any ordinance, resolution or order, reference is made to any department transferred to and incorporated in a department created in section two, article one of this chapter, such reference shall henceforth be read, construed and understood to mean a division of the appropriate department so created, and any such reference elsewhere to a division of a department so transferred and incorporated shall henceforth be read, construed and understood to mean a section of the appropriate division of the department so created.

§ 5F-2-5. Independent appeal boards.

(a) The legislature finds and declares that it may be desirable and appropriate for certain boards and commissions created by the legislature which may be called upon to review, adjudicate or reverse administrative actions and decisions of agencies of the state to be fiscally and functionally independent of the agency or agencies reviewed, to issue rules and manage day-to-day operations independently, and to function as independent and autonomous instrumentalities of the state.

(b) To achieve this purpose, the governor may by executive order provide for the transfer from the departments and agencies of the state of any or all of the following boards or commissions which are appellate bodies or were otherwise established to be independent decisionmakers:
(1) Human rights commission provided for in article eleven, chapter five of this code;
(2) Workers compensation appeals board and office of judges provided for in article five, chapter twenty-three of this code;
(3) Air quality board provided for in article two, chapter twenty-two-b of this code;
(4) Environmental quality board provided for in article three, chapter twenty-two-b of this code;
(4) Surface mine board provided for in article four, chapter twenty-two-b of this code;
(5) Board of appeals provided for in article five, chapter twenty-two of this code; and
(6) Shallow gas well review board provided for in article seven, chapter twenty-two of this code.
(c) Upon any transfer by executive action authorized in subsection (b) of this section, the governor may provide for administrative support by a department or agency of the state to the board or commission transferred in the same manner as is provided by a department secretary and for liaison with the office of the governor with respect to budgetary and administrative matters through a department or agency of the state: Provided, That nothing in this section shall be construed to affect the existence, powers, authority and duties of independent boards and commissions or the membership, terms and qualifications of members of such boards and commissions.
(d) The authority to make transfers as provided in subsection (a) of this section shall expire on the first day of January, one thousand nine hundred ninety-five. Upon the exercise of the powers granted in subsection (b) of this section, the governor shall submit to the Legislature a report setting forth the reorganization implemented by executive action pursuant to this section, any recommendations for further reorganization requiring legislative action and drafts of any recommended legislation for consideration by the Legislature during the regular session in the year one thousand nine hundred ninety-five to conform this code to the reorganization implemented by executive action.
(e) Upon transfers as authorized in subsection (a) of this section, the governor may transfer the funds appropriated to the department or agency of the state attributable to the functions of the board or commission transferred in order to implement the transfer: Provided, That the authority to transfer funds under this section shall expire on the thirtieth day of June, one thousand nine hundred ninety-five: Provided, however, That no funds may be transferred from a special revenue account, dedicated account, capital expenditure account or any other dedicated account or fund for any use or purpose other than the purpose for which the account or fund is dedicated.
(f) Nothing in this section shall be construed to affect the consolidation of legal, technical and support personnel and of procedures of the air quality board, environmental quality board and surface mining board provided for in article one, chapter twenty-two-b of this code.

§ 5F-2-6. Reorganization of boards issuing or incurring debt.

(a) The legislature finds and declares that boards and commissions empowered to issue bonds, incur indebtedness and provide financing or financial services for a public purpose may in some cases benefit the public interest or operate more efficiently through consolidation of legal, technical and support staff or services, sharing of office space, consolidation of procedures, and cooperation to identify circumstances where one entity may provide services for another, including but not limited to circumstances where one board or commission may finance the programs of another.

(b) In furtherance of the goal of increased efficiency and cooperation, the director of the debt management division of the board of investments and the secretary of the department of administration are jointly charged with the responsibility of developing and presenting to the boards and commissions, to the board of investments, to the governor, and to the Legislature recommendations for administrative and statutory change. Not later than the first day January, one thousand nine hundred ninety-five, the director and the secretary shall present to the governor and the Legislature a report setting forth their findings, any recommendations for administrative or statutory change and drafts of specific legislation for consideration by the Legislature during the regular session in the year one thousand nine hundred ninety-five.
(c)The director and the secretary shall invite representatives of the following boards to participate in an ad hoc working group to develop policies and respond to initiatives recommended by the director and the secretary:
(1) Municipal bond commission provided for in article three, chapter thirteen of this code;
(2) Hospital finance authority provided for in article twenty-nine-a, chapter sixteen of this code;
(3) Solid Waste Management Board provided for in article twenty-six, chapter sixteen of this code;
(4) Water Development Authority provided for in article five-c, chapter twenty of this code; and
(5) Housing Development Fund provided for in article eighteen, chapter thirty-one of this code.
The working group shall identify circumstances where one entity may provide services for another, including but not limited to circumstances where one spending unit may finance the programs of another, to insure that the terms of any indebtedness are the terms most beneficial to the state. The director and the secretary shall facilitate cooperation between the boards and commissions in developing specific legislation for consideration by the Legislature during the regular session of the Legislature in the year one thousand nine hundred ninety-five.
(d) On and after the effective date of this section, the board of investments, with the assistance of the director of the West Virginia debt management commission, shall provide administrative support in the same manner as is provided by a department secretary and shall act as liaison with the office of the Governor with respect to the following entities:
(1) Municipal bond commission provided for in article three, chapter thirteen of this code: Provided, That nothing in this section shall be construed to limit the independence and autonomy of the municipal bond commission; and
(2) Hospital finance authority provided for in article twenty-nine-a, chapter sixteen of this code.
CHAPTER 18. EDUCATION.

ARTICLE 10A. REHABILITATION SERVICES.

§ 18 - 10A - 2. Division of rehabilitation services continued within department of education and the arts; requiring report on West Virginia rehabilitation hospital; termination date.

~~For the purposes of this article, the state board of~~ ~~education is hereby designated as the state board of~~ ~~rehabilitation. As such, it is authorized and directed to~~ ~~cooperate with the federal government to the fullest extent in~~ an ~~effort to provide rehabilitation services for disabled persons.~~ ~~To this end, there is hereby established in the state board of~~ ~~rehabilitation a division of rehabilitation services.~~ The division of rehabilitation services heretofore established is hereby continued as a division of the department of education and the arts under the secretary of education and the arts. The secretary of education and the arts shall have the power and authority to appoint such advisory boards to the division of rehabilitation services as are required by federal law and to exercise the powers and duties assigned to the state board of rehabilitation in this article.

~~Except as to the provisions of article two~~-~~b of this chapter~~ ~~and such other code references where the context clearly~~ ~~indicates the provision of vocational education to other than~~ ~~disabled individuals, references in this code~~ References in this article or article ten-b of this chapter to the state board of vocational education, the state board of rehabilitation or the state board as the governing board of vocational or other rehabilitation services or facilities shall mean ~~the state board~~ ~~of rehabilitation~~ the secretary of education and the arts: Provided, That the designation of the department of education and the arts as the designated state agency for purposes of the state's participation in the state-federal rehabilitation program under the federal Rehabilitation Act of 1973 shall be effective upon a finding by the federal Rehabilitation Services Administration that the designation of the department of education and the arts is in conformity with requirements of federal law. Should the Rehabilitation Services Administration issue a formal finding of nonconformance, the state board of education shall be continued as the state board of rehabilitation, shall appoint such advisory boards as are required by federal law, and shall have such powers and duties as are set forth in this article. All references in the code to the division of vocational rehabilitation shall mean the division of rehabilitation services, and all references to the director of the division of vocational rehabilitation shall mean the director of the division of rehabilitation services.
The director shall review the administrative and fiscal structure of the West Virginia rehabilitation hospital and shall report not later than thirtieth day of September, one thousand nine hundred ninety-four to the joint committee on government and finance. The report shall include a complete analysis of income and expenditures attributable to the operation of the hospital, analysis of alternatives for administrative and fiscal modifications, and recommendations and conclusions as to whether administrative and fiscal modifications should be implemented.
Within thirty days of the effective date of this section the secretary of education and the arts shall hold a public hearing for the purpose of hearing any concerns from employees, persons served by the division or other interested persons related to any impact on programs or services by the continuation of the division of rehabilitation services under the department of education and the arts.
Notwithstanding the provisions of article ten, chapter four of this code, the division of rehabilitation services shall terminate on the first day of July, one thousand nine hundred ninety-five, to allow for the completion of a preliminary performance review by the joint committee on government operations.
CHAPTER 19. AGRICULTURE.
ARTICLE 1. DEPARTMENT OF AGRICULTURE.

§ 19-12A-1a. Farm management commission abolished; property transferred; powers and duties of commissioner of agriculture.

(a) The farm management commission previously established by this article is hereby abolished. The real and personal property held by the commission, including all institutional farms and all easements, mineral rights, appurtenances, farm equipment, agricultural products, inventories and farm facilities, operating revenue funds for those operations, and all employees of the farm management commission, are hereby transferred to the department of agriculture. The commissioner of the department of agriculture shall have all those powers, duties and responsibilities previously vested in the farm management commission and the farm management director pursuant to this article.

(b) Not later than the first day of January, one thousand nine hundred ninety-five, the commissioner of the department of agriculture shall report to the Legislature on the optimum use or disposition of each institutional farm transferred pursuant to this section. The commissioner shall set forth the objectives of the agency with respect to the land, the criteria by which the agency has determined the optimum use or disposition of the property, and determinations as to whether the land shall be used in the production of food products, the production or development of natural resources, held for recreational or other specified uses, or sold, or leased in whole or in part. With respect to each institutional farm, the commissioner shall report on which properties are subject to reversionary clauses or other restrictions in deeds of conveyance which may affect permitted uses, or proposed sales or leases. With respect to each institutional farm, the commissioner shall report on projected revenues and expenses from operations. Planned activities and uses with respect to the land shall be detailed for at least five years specifically and at least ten years generally and shall include a cost benefit analysis of options or alternatives for action. In the case of land managed for production of timber, the commissioner shall report on projections for timber harvesting on a sustained-yield basis, income estimates, and the years in which income will be generated. The report shall detail planned actions to protect the land from erosion, fire, plant and animal pests, noxious insects, noxious weeds and plant and animal diseases. In the case of land subject to rights granted by existing contracts, leases, licenses or easements, the report shall include a determination as to whether the interest granted should be continued or withdrawn. In the case of land managed under land management plans adopted prior to the effective date of this section, land management plans shall be reviewed and amended as may be necessary. When appropriate, the commissioner shall consult with the secretaries of the various departments of state government and shall request from the secretaries suggestions for land use and resource development on the land.
(c) Nothing in this section shall be construed to limit the duties imposed on the department of health and human resources and the division of corrections to purchase food products pursuant to section five of this article and to make interdepartmental transfers pursuant to section six of this article: Provided, That purchases shall be made from and transfers made to the department of agriculture. (d) Nothing in this section shall be construed to invalidate any action or contractual obligation of the farm management commission prior to the effective date of this section.
(e) Notwithstanding the provisions of subsection (b) of this section, in any case where the farm management commission has determined by motion adopted prior to the effective date of this act that an institutional farm or part thereof should be transferred or disposed of, or authorized any formal agreement for this purpose, whether or not any documents related to the agreement have been reduced to writing or executed, the commissioner shall execute all documents and take all necessary actions to implement the transfer or disposition of the property.

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