COMMITTEE SUBSTITUTE
FOR
HOUSE CONCURRENT RESOLUTION NO. 98
(By Delegates Michael, Mezzatesta and Williams)
Requesting the Joint Committee on Government and Finance to conduct
a study to determine the ability of the Environmental Quality
Board to effectively, efficiently and equitably develop and
administer water quality rules for this State.
Whereas, The Environmental Quality Board currently functions as
an appellate body reviewing certain orders, permits or official
actions of the Chief of Water Resources or the Director of the
Department of Environmental Protection; and
Whereas, The Environmental Quality Board also functions as a
rule-making body with authority to promulgate legislative rules
setting standards of water quality which are applicable to both
surface and groundwaters of this State; and
Whereas, There is a need to review these joint, and sometimes
conflicting, functions of the Environmental Quality Board to
determine if a more effective, efficient and equitable
administration of water quality rules in this State may be
provided; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to conduct a study to determine the ability of the
Environmental Quality Board to effectively, efficiently and
equitably develop and administer water quality rules for this
State
; and, be it
Further Resolved, That any study undertaken in this regard
shall incorporate the following objectives and guidelines into the
study:
(1) To provide for participation and input in the study by
members of the general public;
(2) To provide for participation and input in the study by
representatives of affected state agencies;
(3) To provide for participation and input in the study by
representatives of affected industries, with a goal of eliciting
industry concerns and problems with the Environmental Quality Board
to better focus the study;
(4) To undertake the study from the perspective of attempting
to improve the Environmental Quality Board rather than to simply
render it ineffective;
(5) To consider the feasibility of consolidating all
environmental appeals boards, including the Air Quality Board, the
Environmental Quality Board, the Surface Mining Board, etc., into
a single environmental appeals board; and
(6) To consider the use of an independent third party
facilitator, such as the U.S. Institute for Environmental Conflict
Resolution, to resolve such environmental disputes; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report two months prior to the regular session of the
Legislature, 2004, on its findings, conclusions and
recommendations, together with drafts of any legislation necessary
to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
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