ENROLLED
COMMITTEE SUBSTITUTE
FOR
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 177
(Senator Unger, original sponsor)
____________
[Passed March 10, 2007; in effect ninety days from passage.]
____________
AN ACT to amend and reenact §5B-1-2 of the Code of West Virginia,
1931, as amended; to amend and reenact §5B-2A-1, §5B-2A-3,
§5B-2A-4, §5B-2A-5 and §5B-2A-12 of said code; to amend said
code by adding thereto a new article, designated §5B-2F-1 and
§5B-2F-2; to amend and reenact §5D-1-4 of said code; to amend
and reenact §5F-2-1 of said code; and to amend and reenact
§22-3A-7 of said code, all relating to the creation of the
Division of Energy within the Department of Commerce; charging
the Division of Energy to develop energy policies; placing the
Office of Coalfield Community Development within the Division
of Energy; creating the position of Director of the Division
of Energy; continuing and reconstituting the West Virginia Public Energy Authority; charging Director of the Division of
Energy to chair and administer the functions of the Public
Energy Authority; providing the director acts under the
authority of the Secretary of Commerce; providing the director
has authority over the Office of Coalfield Community
Development and the Energy Efficiency Program of the West
Virginia Development Office; providing the Public Energy
Authority, the Office of Coalfield Community Development,
director and other public agencies develop an energy policy
and development plan and seek public input thereof; requiring
submission of an energy policy and development plan to the
Governor and Joint Committee on Government and Finance;
setting forth matters to be addressed in the energy policy and
development plan; providing that the division shall prepare an
energy use database; providing that the division shall promote
initiatives to enhance the nation's energy security; providing
that 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; providing funding for
the Division of Energy; and establishing a performance audit
to be performed during the Department of Commerce's review.
Be it enacted by the Legislature of West Virginia:
That §5B-1-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §5B-2A-1, §5B-2A-3, §5B-2A-4, §5B-
2A-5 and §5B-2A-12 of said code be amended and reenacted; that said
code be amended by adding thereto a new article, designated §5B-2F-
1 and §5B-2F-2; that §5D-1-4 of said code be amended and reenacted;
that §5F-2-1 of said code be amended and reenacted; and that §22-
3A-7 of said code be amended and reenacted, all to read as follows:
CHAPTER 5B. ECONOMIC DEVELOPMENT ACT OF 1985.
ARTICLE 1. DEPARTMENT OF COMMERCE.
§5B-1-2. Agencies, boards, commissions, divisions and offices
comprising the Department of Commerce.
The Department of Commerce consists of the following agencies,
boards, commissions, divisions and offices, including all of the
allied, advisory, affiliated or related entities, which are
incorporated in and administered as part of the Department of Commerce:
(1) Division of Labor provided in article one, chapter
twenty-one of this code, which includes:
(A) Occupational Safety and Health Review Commission provided
in article three-a, chapter twenty-one of this code; and
(B) Board of Manufactured Housing Construction and Safety
provided in article nine, chapter twenty-one of this code;
(2) Office of Miners' Health, Safety and Training provided in
article one, chapter twenty-two-a of this code. The following
boards are transferred to the Office of Miners' Health, Safety and
Training for purposes of administrative support and liaison with the office of the Governor:
(A) Board of Coal Mine Health and Safety and Coal Mine Safety
and Technical Review Committee provided in article six, chapter
twenty-two-a of this code;
(B) Board of Miner Training, Education and Certification
provided in article seven, chapter twenty-two-a of this code; and
(C) Mine Inspectors' Examining Board provided in article nine,
chapter twenty-two-a of this code;
(3) The West Virginia Development Office, which includes the
Division of Tourism and the Tourism Commission, provided in article
two, chapter five-b of this code;
(4) Division of Natural Resources and Natural Resources
Commission provided in article one, chapter twenty of this code;
(5) Division of Forestry provided in article one-a, chapter
nineteen of this code;
(6) Geological and Economic Survey provided in article two,
chapter twenty-nine of this code;
(7) Workforce West Virginia provided in chapter twenty-one-a
of this code, which includes:
(A) Division of Unemployment Compensation;
(B) Division of Employment Service;
(C) Division of Workforce Development; and
(D) Division of Research, Information and Analysis; and
(8) Division of Energy provided in article two-f, chapter five-b of this code.
ARTICLE 2A. OFFICE OF COALFIELD COMMUNITY DEVELOPMENT.
§5B-2A-1. Legislative findings and declaration.
The Legislature hereby finds and declares the following:
(a) Coal mining has made and continues to make significant
contributions to the economy of West Virginia. These contributions
include the creation of quality jobs that pay high wages and
provide good benefits; the consequent stimulation and support of
mining contractors, suppliers of mining equipment and services,
other mining-related industries and numerous providers of goods and
services that are indirectly related to coal mining and dependent
upon its existence and prosperity; the generation of significant
severance and other tax revenues that support important economic
development, infrastructure and education initiatives in mining
communities and throughout the state; the support of civic,
education and service groups in mining communities; and, in the
case of surface mining operations, including mountaintop mining,
the creation of much-needed flat land for economic development and
recreational uses.
(b) The development and increasing prominence of surface
mining operations, including mountaintop mining, has brought
increasingly high levels of productivity, safety and efficiency to
the state's mining industry, enabling the recovery of coal that
could not otherwise be mined and marketed profitably, increasing the severance tax revenues and other economic benefits described in
subsection (a) of this section and ensuring the competitiveness of
the state's coal industry from a national and international
perspective.
(c) Where implemented, surface mining operations, particularly
mountaintop mining, tend to extract most, if not all, of the
recoverable coal reserves in an accelerated fashion. For a state
long dependent on the employment and revenue coal mining provides,
this reality should be sobering and there is no place in which the
comprehension of this reality is more crucial than the coalfields
of West Virginia. Long dependent primarily on mining, this area
must plan for a future without coal. The state and its
subdivisions have a legitimate interest in securing that future.
(d) The coal industry and those related to the extraction of
mineral resources benefit from the mining of our state's coal
through mining practices which impact its citizens -- some in a
negative way -- and through practices which will extract
significant portions of coal reserves in an accelerated fashion.
Those industries must therefore accept a greater responsibility to
help address the long-term needs of the communities and citizens
impacted by their activities.
(e) Once it becomes public knowledge that a permit is being
sought, the marketability of property may change and the relative
bargaining power of the parties may change with it. The potential for negative impact on those living in communities near surface
mining operations may limit the options and bargaining power of the
property owners.
(f) Surface mining operations, including mountaintop mining,
present unique challenges to the coal mining industry and the state
and its citizens, especially those living and working in
communities that rely heavily upon these methods of mining. This
requires that these communities, in conjunction with county
commissions, state, local, county and regional development
authorities, landowners and civic, community and business groups
and interested citizens, develop plans related to the communities'
long-term economic viability.
(g) The Division of Energy, as the state agency charged with
energy policy and development activities, shall take a more active
role in the long-term economic development of communities in which
these mining methods are prevalent and shall establish a formal
process to assist property owners in the determination of the fair
market value where the property owner and the coal company
voluntarily enter into an agreement relating to the purchase and
sale of such property.
§5B-2A-3. Definitions.
(a) For the purpose of this article, the following terms have
the meanings ascribed to them:
(1) "Department" means the Department of Environmental Protection established in article one, chapter twenty-two of this
code;
(2) "Office" means the Office of Coalfield Community
Development.
(b) Unless used in a context that clearly requires a different
meaning or as otherwise defined herein, terms used in this article
shall have the definitions set forth in this section.
§5B-2A-4. Office of Coalfield Community Development.
(a) The Office of Coalfield Community Development is hereby
established within the Division of Energy.
(b) The director of theDivision of Energy may appoint a chief
to administer the office, who will serve at the will and pleasure
of the Director of the Division of Energy.
§5B-2A-5. Powers and duties.
The office has and may exercise the following duties, powers
and responsibilities:
(1) To establish a procedure for developing a community impact
statement as provided in section six of this article and to
administer the procedure so established;
(2) To establish a procedure for determining the assets that
could be developed in and maintained by the community to foster its
long-term viability as provided in section eight of this article
and to administer the procedure so established;
(3) To establish a procedure for determining the land and infrastructure needs in the general area of the surface mining
operations as provided in section nine of this article and to
administer the procedure so established;
(4) To establish a procedure to develop action reports and
annual updates as provided in section ten of this article and to
administer the procedure so established;
(5) To determine the need for meetings to be held among the
various interested parties in the communities impacted by surface
mining operations and, when appropriate, to facilitate the
meetings;
(6) To establish a procedure to assist property owners in the
sale of their property as provided in section eleven of this
article and to administer the procedure so established;
(7) In conjunction with the department, to maintain and
operate a system to receive and address questions, concerns and
complaints relating to surface mining; and
(8) On its own initiative or at the request of a community in
close proximity to a mining operation, or a mining operation, offer
assistance to facilitate the development of economic or community
assets. Such assistance may include the preparation of a master
land use plan pursuant to the provisions of section nine of this
article.
§5B-2A-12. Rulemaking.
The office shall propose rules for legislative approval in accordance with article three, chapter twenty-nine-a of this code
to establish, implement and enforce the provisions of this article,
which rules shall include, but not be limited to:
(1) The development of standards for establishing the value of
property by the office; and
(2) Criteria for the development of a master plan by local,
county, regional or redevelopment authorities which coordinates the
permitting and reclamation requirements of the Department of
Environmental Protection with these authorities.
ARTICLE 2F. DIVISION OF ENERGY.
§5B-2F-1. Short title.
This chapter shall be known and cited as the West Virginia
Energy Policy and Development Act.
§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 offical
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.
CHAPTER 5D. PUBLIC ENERGY AUTHORITY.
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.
(a) The West Virginia Public Energy Authority is 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 essential governmental functions and for a public
purpose.
(b) The authority shall be controlled, managed and operated by
a seven-member board known as the West Virginia Public Energy
Authority Board, which is continued. The seven members include the
Director of the Division of Energy or designee; the Secretary of
the Department of Environmental Protection or designee; the
Director of the Economic Development Authority or designee; and
four members representing the general public. The public members
are appointed by the Governor, by and with the advice and consent
of the Senate, for terms of one, two, three and four years,
respectively.
(c) On the thirtieth day of June, two thousand seven, the
terms of all appointed members shall expire. Not later than the
first day of July, two thousand seven, the Governor shall appoint
the public members required in subsection (b) of this section to assume the duties of the office immediately, pending the advice and
consent of the Senate.
(d) The successor of each appointed member is appointed for a
four-year term. A vacancy is filled by appointment by the Governor
in the same manner as the original appointment. A member appointed
to fill a vacancy serves for the remainder of the unexpired term.
Each board member serves until a successor is appointed.
(e) No more than three of the public members may at any one
time belong to the same political party. No more than two public
members may be employed by or associated with any industry the
authority is empowered to affect. One member shall be a person
with significant experience in the advocacy of environmental
protection. Board members may be reappointed to serve additional
terms.
(f) All members of the board shall be citizens of the state.
Before engaging in their 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 of said chapter. The Governor
may remove any board member as provided in section four, article
six of said chapter.
(g) The Director of the Division of Energy shall serve as
chair. The board annually elects one of its members as vice chair
and appoints a secretary-treasurer who need not be a member of the board.
(h) Four members of the board constitute a quorum and the
affirmative vote of the majority of members present at any meeting
is necessary for any action taken by vote of the board. A vacancy
in the membership of the board does not 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.
(i) The person appointed as secretary-treasurer, including a
board member if so appointed, shall give bond in the sum of fifty
thousand dollars in the manner provided in article two, chapter six
of this code.
(j) Each public member shall be reimbursed for reasonable
expenses incurred in the discharge of official duties. All
expenses incurred by the board shall be paid in a manner consistent
with guidelines of the Travel Management Office of the Department
of Administration and are payable solely from funds of the
authority or from funds appropriated for such purpose by the
Legislature. Liability or obligation is not incurred by the
authority beyond the extent to which moneys are available from
funds of the authority or from such appropriations.
(k) In addition to such other duties and responsibilities as
may be prescribed in this code, the Director of the Division of
Energy is responsible for managing and administering the daily
functions of the authority and for performing all other functions necessary to the effective operation of the authority.
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) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any agency or board, are incorporated in and
administered as a part of the Department of Administration:
(1) Building Commission provided in article six, chapter five
of this code;
(2) Public Employees Insurance Agency and Public Employees
Insurance Agency Advisory Board provided in article sixteen,
chapter five of this code;
(3) Governor's Mansion Advisory Committee provided in article
five, chapter five-a of this code;
(4) Commission on Uniform State Laws provided in article one-
a, chapter twenty-nine of this code;
(5) West Virginia Public Employees Grievance Board provided in
article three, chapter six-c of this code;
(6) Board of Risk and Insurance Management provided in article
twelve, chapter twenty-nine of this code;
(7) Boundary Commission provided in article twenty-three,
chapter twenty-nine of this code;
(8) Public Defender Services provided in article twenty-one,
chapter twenty-nine of this code;
(9) Division of Personnel provided in article six, chapter
twenty-nine of this code;
(10) The West Virginia Ethics Commission provided in article
two, chapter six-b of this code;
(11) Consolidated Public Retirement Board provided in article
ten-d, chapter five of this code; and
(12) Real Estate Division provided in article ten, chapter
five-a of this code.
(b) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any agency or board, are incorporated in and
administered as a part of the Department of Commerce:
(1) Division of Labor provided in article one, chapter
twenty-one of this code, which includes:
(A) Occupational Safety and Health Review Commission provided
in article three-a, chapter twenty-one of this code; and
(B) Board of Manufactured Housing Construction and Safety
provided in article nine, chapter twenty-one of this code;
(2) Office of Miners' Health, Safety and Training provided in
article one, chapter twenty-two-a of this code. The following
boards are transferred to the Office of Miners' Health, Safety and
Training for purposes of administrative support and liaison with the office of the Governor:
(A) Board of Coal Mine Health and Safety and Coal Mine Safety
and Technical Review Committee provided in article six, chapter
twenty-two-a of this code;
(B) Board of Miner Training, Education and Certification
provided in article seven, chapter twenty-two-a of this code; and
(C) Mine Inspectors' Examining Board provided in article nine,
chapter twenty-two-a of this code;
(3) The West Virginia Development Office, which includes the
Division of Tourism and the Tourism Commission provided in article
two, chapter five-b of this code;
(4) Division of Natural Resources and Natural Resources
Commission provided in article one, chapter twenty of this code;
(5) Division of Forestry provided in article one-a, chapter
nineteen of this code;
(6) Geological and Economic Survey provided in article two,
chapter twenty-nine of this code;
(7) Workforce West Virginia provided in chapter twenty-one-a
of this code, which includes:
(A) Division of Unemployment Compensation;
(B) Division of Employment Service;
(C) Division of Workforce Development; and
(D) Division of Research, Information and Analysis; and
(8) Division of Energy provided in article two-f, chapter five-b of this code.
(c) The Economic Development Authority provided in article
fifteen, chapter thirty-one of this code is continued as an
independent agency within the executive branch.
(d) The Water Development Authority and Board provided in
article one, chapter twenty-two-c of this code is continued as an
independent agency within the executive branch.
(e) The following agencies and boards, including all of the
allied, advisory and affiliated entities, are transferred to the
Department of Environmental Protection for purposes of
administrative support and liaison with the office of the Governor:
(1) Air Quality Board provided in article two, chapter twenty-
two-b of this code;
(2) Solid Waste Management Board provided in article three,
chapter twenty-two-c of this code;
(3) Environmental Quality Board, or its successor board,
provided in article three, chapter twenty-two-b of this code;
(4) Surface Mine Board provided in article four, chapter
twenty-two-b of this code;
(5) Oil and Gas Inspectors' Examining Board provided in
article seven, chapter twenty-two-c of this code;
(6) Shallow Gas Well Review Board provided in article eight,
chapter twenty-two-c of this code; and
(7) Oil and Gas Conservation Commission provided in article nine, chapter twenty-two-c of this code.
(f) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any agency or board, are incorporated in and
administered as a part of the Department of Education and the Arts:
(1) Library Commission provided in article one, chapter ten of
this code;
(2) Educational Broadcasting Authority provided in article
five, chapter ten of this code;
(3) Division of Culture and History provided in article one,
chapter twenty-nine of this code;
(4) Division of Rehabilitation Services provided in section
two, article ten-a, chapter eighteen of this code.
(g) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any agency or board, are incorporated in and
administered as a part of the Department of Health and Human
Resources:
(1) Human Rights Commission provided in article eleven,
chapter five of this code;
(2) Division of Human Services provided in article two,
chapter nine of this code;
(3) Bureau for Public Health provided in article one, chapter
sixteen of this code;
(4) Office of Emergency Medical Services and Advisory Council
provided in article four-c, chapter sixteen of this code;
(5) Health Care Authority provided in article twenty-nine-b,
chapter sixteen of this code;
(6) Commission on Mental Retardation provided in article
fifteen, chapter twenty-nine of this code;
(7) Women's Commission provided in article twenty, chapter
twenty-nine of this code; and
(8) The Child Support Enforcement Division provided in chapter
forty-eight of this code.
(h) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any agency or board, are incorporated in and
administered as a part of the Department of Military Affairs and
Public Safety:
(1) Adjutant General's Department provided in article one-a,
chapter fifteen of this code;
(2) Armory Board provided in article six, chapter fifteen of
this code;
(3) Military Awards Board provided in article one-g, chapter
fifteen of this code;
(4) West Virginia State Police provided in article two,
chapter fifteen of this code;
(5) Division of Homeland Security and Emergency Management and Disaster Recovery Board provided in article five, chapter fifteen
of this code and Emergency Response Commission provided in article
five-a of said chapter;
(6) Sheriffs' Bureau provided in article eight, chapter
fifteen of this code;
(7) Division of Corrections provided in chapter twenty-five of
this code;
(8) Fire Commission provided in article three, chapter
twenty-nine of this code;
(9) Regional Jail and Correctional Facility Authority provided
in article twenty, chapter thirty-one of this code;
(10) Board of Probation and Parole provided in article twelve,
chapter sixty-two of this code; and
(11) Division of Veterans' Affairs and Veterans' Council
provided in article one, chapter nine-a of this code.
(i) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any agency or board, are incorporated in and
administered as a part of the Department of Revenue:
(1) Tax Division provided in article one, chapter eleven of
this code;
(2) Racing Commission provided in article twenty-three,
chapter nineteen of this code;
(3) Lottery Commission and position of Lottery Director provided in article twenty-two, chapter twenty-nine of this code;
(4) Agency of Insurance Commissioner provided in article two,
chapter thirty-three of this code;
(5) Office of Alcohol Beverage Control Commissioner provided
in article sixteen, chapter eleven of this code and article two,
chapter sixty of this code;
(6) Board of Banking and Financial Institutions provided in
article three, chapter thirty-one-a of this code;
(7) Lending and Credit Rate Board provided in chapter
forty-seven-a of this code;
(8) Division of Banking provided in article two, chapter
thirty-one-a of this code;
(9) The State Budget Office provided in article two of this
chapter;
(10) The Municipal Bond Commission provided in article three,
chapter thirteen of this code;
(11) The Office of Tax Appeals provided in article ten-a,
chapter eleven of this code; and
(12) The State Athletic Commission provided in article five-a,
chapter twenty-nine of this code.
(j) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any agency or board, are incorporated in and
administered as a part of the Department of Transportation:
(1) Division of Highways provided in article two-a, chapter
seventeen of this code;
(2) Parkways, Economic Development and Tourism Authority
provided in article sixteen-a, chapter seventeen of this code;
(3) Division of Motor Vehicles provided in article two,
chapter seventeen-a of this code;
(4) Driver's Licensing Advisory Board provided in article two,
chapter seventeen-b of this code;
(5) Aeronautics Commission provided in article two-a, chapter
twenty-nine of this code;
(6) State Rail Authority provided in article eighteen, chapter
twenty-nine of this code; and
(7) Port Authority provided in article sixteen-b, chapter
seventeen of this code.
(k) Except for powers, authority and duties that have been
delegated to the secretaries of the departments by the provisions
of section two of this article, the position of administrator and
the powers, authority and duties of each administrator and agency
are not affected by the enactment of this chapter.
(l) Except for powers, authority and duties that 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 the boards are not affected by the enactment of this chapter. All boards that are appellate bodies or are independent
decision makers shall not have their appellate or independent
decision-making status affected by the enactment of this chapter.
(m) Any department previously transferred to and incorporated
in a department by prior enactment of this section means a division
of the appropriate department. Wherever reference is made to any
department transferred to and incorporated in a department created
in section two, article one of this chapter, the reference means a
division of the appropriate department and any reference to a
division of a department so transferred and incorporated means a
section of the appropriate division of the department.
(n) When an agency, board or commission is transferred under
a bureau or agency other than a department headed by a secretary
pursuant to this section, that transfer is solely for purposes of
administrative support and liaison with the office of the Governor,
a department secretary or a bureau. Nothing in this section
extends the powers of department secretaries under section two of
this article to any person other than a department secretary and
nothing limits or abridges the statutory powers and duties of
statutory commissioners or officers pursuant to this code.
CHAPTER 22. ENVIRONMENTAL RESOURCES.
ARTICLE 3A. OFFICE OF EXPLOSIVES AND BLASTING.
§22-3A-7. Funding.
(a) The office shall assess each operator permitted under the provisions of this chapter a fee on each quantity of explosive
material used for any purpose on the surface mining operations.
(b) The office shall propose a legislative rule for
promulgation in accordance with article three, chapter twenty-nine-
a of this code establishing the fees required by this section. The
fees shall be calculated to generate sufficient money to provide
for the operation of this office and the Division of Energy as
provided for in article two-f, chapter five-b of this code.
These
fees cannot be increased except by legislative rule and cannot be
used to fund additional positions in the Division of Energy in
future years.
(c) The office shall deposit all moneys received from these
fees into a special revenue fund to be known as the Mountaintop
Removal Fund in the State Treasury to be expended by the offices
and the Division of Energy in the performance of their duties. The
expenditure of moneys in the fund is not authorized from
collections, but shall be appropriated by the Legislature.
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