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Introduced Version Senate Bill 631 History

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Key: Green = existing Code. Red = new code to be enacted


Senate Bill No. 631

(By Senators Tomblin (Mr. President), Anderson, Bailey, Bowman, Caldwell, Chafin, Craigo, Edgell, Facemyer, Fanning, Helmick, Jackson, Kessler, Love, McCabe, Minard, Minear, Plymale, Prezioso, Redd, Ross, Rowe, Sharpe, Snyder, Unger, Wooton, Sprouse, McKenzie, Oliverio, Mitchell and Hunter)

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[Introduced March 26, 2001; referred to the Committee on Government Organization; and then to the Committee on Finance.]

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A BILL to amend chapter five-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article one, relating to creation of the West Virginia clean coal technology council; setting forth legislative findings; setting forth definitions; defining membership on the council; setting terms of members on the council and providing when the council is required to meet; authorizing the council to request and distribute federal funding for use by the council in carrying out its responsibilities; providing that the council is subject to the administrative procedures act under chapter twenty-nine-a of this code; setting forth the powers and duties of the council; and requiring the council to file and publish a report of its activities along with recommendations for legislation for pilot projects relating to clean coal and alternative coal use.

Be it enacted by the Legislature of West Virginia:
That chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article one, to read as follows:
ARTICLE 1. WEST VIRGINIA CLEAN COAL TECHNOLOGY ACT

§5C-1-1. Legislative findings.
(a) The Legislature finds that:
(1) Coal is an important fuel source for keeping the household energy costs low in the state of West Virginia;
(2) Continued protection of the state's environment, public health and welfare requires that new emissions reduction technologies that protect and improve air quality be evaluated for their environmental effectiveness and economic viability;
(3) The diversity of fuel used to generate electricity is a significant factor in providing reliable and economical energy to the citizens of the state of West Virginia;
(4) The price of electricity generated with coal has remained relatively unchanged over the past twenty years;
(5) The continued recovery and utilization of coal resources are important to the state's economy;
(6) Advancements in clean coal technology clearly demonstrate that electricity from coal can be produced in a more efficient, economical and environmentally friendly manner;
(7) Advancements in alternative coal usage has produced useful household, commercial and industrial technologies.
(b) The Legislature determines that, consistent with the protection of the public health and welfare, the protection of air quality, the protection of the environment, the operation of existing industries, the enhancement of the long-term economic health and the improved reliability of electric generation in the state, it is a goal of this state's energy policy that technologies be explored to increase the efficiencies and decrease the emissions from electricity generated by coal.
(c) It is the policy of this state that clean coal technologies and alternative coal uses will be explored in order to:
(1) Preserve fuel diversity and maintain reliable, low-cost sources of electric power;
(2) Identify technologies for reducing the emissions from existing coal-fired electric generation; and
(3) Identify new, cleaner coal-fired electric generation technologies that may be used to provide new generating capacity.
§5C-1-2. Definitions.
In this section:
(1) "Council" means the West Virginia clean coal and alternative technology council.
(2) "Designated agency" means the state agency designated by the council to provide administrative support to the council.
(3) "Pilot projects" means the voluntary application of new coal utilization technology on existing or new facilities designed to reduce the emission of air pollutants.
§5C-1-3. Creation and membership of the West Virginia Clean Coal and Alternative Technology Council.

(a) The West Virginia clean coal technology council is created with legislative oversight to coordinate actions for the study and development of clean coal technology pilot projects in this state.
(b) The council is composed of:
(1) Three state senators to be appointed by the president of the Senate, with one being designated as cochair;
(2) Three state delegates to be appointed by the Speaker of the House, with one being designated as cochair.
(3) Three members of the public to be appointed by the President of the Senate; and
(4) Three members of the public to be appointed by the speaker of the House.
§5C-1-4. Administration.
(a) Members of the council shall be appointed for two-year terms and may be reappointed for additional terms;
(b) The council shall meet not less than once each calendar quarter for the first year, and at a frequency to be determined by the council thereafter, at a time determined by the council and at the call of the cochairs;
(c) An appropriate state agency shall be designated by the council as being responsible for administering the council. The designated agency shall provide, from its existing staff, the staff necessary to assist the council in carrying out its responsibilities. This agency shall have the authority to request and distribute federal funding for use by the council in carrying out its responsibilities;
(d) The council is subject to the administrative procedures act pursuant to chapter twenty-nine-a of this code.
§5C-1-5. Powers, duties, information and reports of council.
The council shall:
(1) Coordinate the activities of the designated agency with regard to the specific clean coal technology charges of this council with appropriate private, public, state or federal agencies/organizations;
(2) Provide direction to the designated agency to study, develop and promulgate requests for proposals for pilot projects in West Virginia that will assist the council in evaluating technologies, assessing economics, evaluating the environmental benefits, seeking funds, evaluating the useful life of pilot projects and determining the importance of clean coal technologies to energy policy in West Virginia. Requests for proposals shall include an assessment of the potential for the use of financial and other incentives for potential respondents;
(3) Provide oversight to the designated agency in seeking public and private funding to support the activities of the council and the financing of pilot projects;
(4) Determine a reasonable projected duration for the pilot projects;
(5) Encourage and facilitate the development of alternative coal uses & related coal technologies;
(6) File with the governor, speaker of the House of Delegates and President of the Senate before the date that the next regular legislative session convenes, a report of the council's activities during the two proceeding years and any recommendations for legislation considered necessary with regard to the pilot projects; and
(7) Publish the report required by subdivision (6), subsection (a) of this section.
(b) The designated state agency having the responsibility for administering the clean coal technology council shall maintain a public file relating to the council.
(c) The designated agency having responsibility for administering the clean coal technology council shall make available to the public a copy of any council report that is provided to the Legislature.


NOTE: The purpose of this bill is to create the "West Virginia Clean Coal Technology Council," a body intended to study, recommend, promote and implement through pilot projects, clean coal technology and alternative uses for coal. The bill sets forth guidelines for membership on the council, along with the council's responsibilities and functions.

This article is new; therefore, strike-throughs and underscoring have been omitted.

Acts, 1989 Reg. Sess., Ch. 54

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