Senate Bill No. 493
(By Senator Wiedebusch)
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[Introduced February 21, 1994;
referred to the Committee on Natural Resources.]
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A BILL to amend and reenact section five, article one, chapter
twenty-two of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to requiring the
director of the division of environmental protection to
investigate, study and review longwall mining techniques and
subsidence problems resulting from longwall mining; and
requiring a report to the Legislature on the findings,
recommendations and conclusions resulting from the
investigation, study and review.
Be it enacted by the Legislature of West Virginia:
That section five, article one, chapter twenty-two of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 1. DIVISION OF ENVIRONMENTAL PROTECTION.
§22-1-5. Director of the division of environmental protection.
(a) The director shall be the chief executive officer of the
division. Subject to provisions of law, he or she shall organizethe division into such offices, sections, agencies and other
units of activity as may be found by the director to be desirable
for the orderly, efficient and economical administration of the
division and for the accomplishment of its objects and purposes.
The director may appoint assistants, hearing officers, clerks,
stenographers and other officers, technical personnel and
employees needed for the operation of the division and may
prescribe their powers and duties and fix their compensation
within amounts appropriated therefor.
(b) The director shall have the power to and may designate
the supervisory officers or other officers or employees of the
division to substitute for him or her on any board or commission
established under this chapter or to sit in his or her place in
any hearings, appeals, meetings or other activities with such
substitute having the same powers, duties, authority and
responsibility as the director. Additionally, the director shall
have the power to delegate to the supervisory officers or other
officers or employees of the division his or her powers, duties,
authority and responsibility relating to issuing permits, hiring
and training inspectors and other employees of the division,
conducting hearings and appeals and such other duties and
functions set forth in this chapter or chapters twenty-two-a and
twenty-two-b of this code as he or she considers appropriate.
(c) The director shall have responsibility for the conduct
of the intergovernmental relations of the division, including
assuring: (1) That the division carries out its functions in amanner which supplements and complements the environmental
policies, programs and procedures of the federal government,
other state governments and other instrumentalities of this
state; and (2) that appropriate officers and employees of the
division consult with individuals responsible for making policy
relating to environmental issues in the federal government, other
state governments and other instrumentalities of this state
concerning differences over environmental policies, programs and
procedures and concerning the impact of statutory law and rules
upon the environment of this state.
(d) In addition to other powers, duties and responsibilities
granted and assigned to the director by this section or by a
transfer of functions or offices in accordance with the
provisions of this article, the director is hereby authorized and
empowered to:
(1) Sign and execute in the name of the state by the
"division of environmental protection" any contract or agreement
with the federal government or its departments or agencies,
subdivisions of the state, corporations, associations,
partnerships or individuals:
Provided,
That the powers granted
to the director to enter into agreements or contracts and to make
expenditures and obligations of public funds under this
subdivision shall not exceed or be interpreted as authority to
exceed the powers heretofore granted by the Legislature to the
various commissioners, directors or board members of the various
departments, agencies or boards that comprise and areincorporated into each secretary's department pursuant to the
provisions of chapter five-f of this code.
(2) Conduct research in improved environmental protection
methods and disseminate information to the citizens of this
state. In addition, effective the first day of July, one
thousand nine hundred ninety-four, the director shall
investigate, study and review longwall mining techniques used to
extract underground coal and other minerals and subsidence
problems associated with longwall mining. The director shall
report his findings, conclusions and recommendations to the
Legislature not later than the first day of January, one thousand
nine hundred ninety-five.
(3) Enter private lands to make surveys and inspections for
environmental protection purposes, to investigate for violations
of statutes or rules which the division is charged with
enforcing, to serve and execute warrants and processes, to make
arrests and to otherwise enforce the statutes or rules which the
division is charged with enforcing.
(4) Acquire for the state in the name of the "division of
environmental protection" by purchase, condemnation, lease or
agreement or accept or reject for the state, in the name of the
division of environmental protection, gifts, donations,
contributions, bequests or devises of money, security or
property, both real and personal, and any interest in such
property.
(5) Conduct schools, institutions and other educationalprograms, apart from or in cooperation with other governmental
agencies, for instruction and training in all phases of
environmental protection programs in this state.
(e) The director shall be appointed by the governor, by and
with the advice and consent of the Senate, and shall serve at the
will and pleasure of the governor:
Provided,
That in lieu of
appointing a director, the governor may order the secretary to
directly exercise the powers of the director. The secretary
shall designate the order in which other officials of the
division shall act for and perform the functions of the secretary
or the director during the absence or disability of both the
secretary and the director or in the event of vacancies in both
of those offices.
(f) At the time of his or her initial appointment, the
director shall be at least thirty years old and shall be selected
with special reference and consideration given to his or her
administrative experience and ability, to his or her demonstrated
interest in the effective and responsible regulation of the
energy industry and the conservation and wise use of natural
resources. The director shall have at least a bachelor's degree
in a related field and shall have at least three years of
experience in a position of responsible charge in at least one
discipline relating to the duties and responsibilities for which
the director will be responsible upon assumption of the office of
director. The director shall not be a candidate for or hold any
other public office, shall not be a member of any political partycommittee and shall immediately forfeit and vacate his or her
office as director in the event he or she becomes a candidate for
or accepts appointment to any other public office or political
party committee.
(g) The director shall receive an annual salary of
sixty-five thousand dollars and shall be allowed and paid
necessary expenses incident to the performance of his or her
official duties. Prior to the assumption of the duties of his or
her office, the director shall take and subscribe to the oath
required of public officers prescribed by section five, article
IV of the constitution of West Virginia and shall execute a bond,
with surety approved by the governor, in the penal sum of ten
thousand dollars, which executed oath and bond shall be filed in
the office of the secretary of state. Premiums on the bond shall
be paid from the division funds.
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(NOTE: The purpose of this bill is to require the director
of the division of environmental protection to investigate, study
and review longwall mining techniques and subsidence problems
resulting from longwall mining. The bill also requires the
director to report to the Legislature on the findings,
recommendations and conclusions resulting from the investigation,
study and review.)
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NATURAL RESOURCES COMMITTEE AMENDMENTS
The Committee on Natural Resources moved to amend the bill
on page
, section five, line
, after the word "state." bystriking out the remainder of the subsection.;
And,
On page
, section five, after line
, by adding a new
subsection, designated subsection six, to read as follows:
(6) The director shall investigate, study and review
longwall mining techniques used to extract underground coal and
other minerals and subsidence problems associated with longwall
mining and determine the geographical areas of the state where
subsidence occurs, where subsidence does not occur and the
specific areas of the state, in geographic areas smaller than a
county, in which the waiver of subsidence insurance required by
section six, article thirty, chapter thirty-three of this code,
should not be so required. The director shall report his
findings, conclusions and recommendations to the Legislature not
later than the first day of January, one thousand nine hundred
ninety-five
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