H. B. 4728
(By Delegate Beach, Tabb, Argento, Martin, Stemple, Swartzmiller,
Rick Thompson, Wells, Williams and Hamilton)
(Originating in the Committee on Agriculture and Natural
Resources)
(February 21, 2006)
A BILL to amend and reenact §22-1-9 of the Code of West Virginia,
1931, as amended, relating to the environmental protection
advisory council generally; increasing the membership of the
council to eight members, specifying represented organizations
and entities; and making certain procedural changes in board
activities.
Be it enacted by the Legislature of West Virginia:
That §22-1-9 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. DIVISION OF ENVIRONMENTAL PROTECTION.
§22-1-9. Environmental protection advisory council.
(a) There is created within the Department of
commerce, labor
and environmental resources Environmental Protection, the
environmental protection advisory council. The environmental protection advisory council consists of
seven eight members. The
director Secretary serves as an ex officio member of the council
and as its chair. The remaining
six seven members are appointed by
the Governor. Each member serves for a term of four years and may
be reappointed.
Members of the council serving on the effective
date of this section shall continue to serve until their terms
expire or their successors have been appointed. Of the members of
the council first appointed, two shall be appointed for terms
ending on the thirtieth day of June, one thousand nine hundred
ninety-six, and two each for terms ending one and two years
thereafter. The new member of the council shall be appointed for
a term ending on the thirtieth day of June, two thousand ten.
Vacancies on the council shall be filled within sixty days after
the vacancy occurs.
(b) Two members of the council shall represent industries
regulated by the division or their trade associations. Two members
shall represent organizations advocating environmental protection.
One member shall represent organizations representing local
governments. One member shall represent public service districts.
One member of the council shall be appointed from a list of three
names submitted to the Governor by the largest organization
representing farming interests in this state.
(c) Except for state employee and officer members, appointed
members shall be paid 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.
(d) The council shall meet at least once every quarter and at
the call of the chair.
(e) The council shall:
(1) Consult with and advise the director on program and policy
development, problem solving and other appropriate subjects;
(2) Identify and define problems associated with the
implementation of the policy set forth in section one of this
article;
(3) Provide and disseminate to industry and the public early
identification of major federal program and regulatory changes;
(4) Provide a forum for the resolution of conflicts between
constituency groups;
(5) To the extent possible, strive for consensus on the
development of overall environmental policy; and
(6) The council may, upon majority vote of the members, offer
suggestions to the secretary for proposed new or amended
legislative rules; and
(6) (7) Provide an annual report to the Joint Committee on
Government and Finance on or before the first day of January of
each year relating to its findings with regard to the division's
department's performance during the previous year. The report will
specifically address the division's performance in accomplishing
the nine purposes set forth in subsection (b), section one of this
article.
NOTE: The purpose of this bill is to increase the membership
of the Environmental Protection Advisory Council from seven to
eight members. Under the bill the new member represents
agricultural interests. The bill specifically allows the council
to submit suggestions to the Secretary of Environmental Protection
for proposed legislative rules and amendments.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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