Bill Text: VA HB1261 | 2022 | 1st Special Session | Engrossed
Bill Title: State environmental boards; appointment of members to various Boards.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2022-03-12 - Continued to 2022 Sp. Sess. 1 pursuant to HJR455 [HB1261 Detail]
Download: Virginia-2022-HB1261-Engrossed.html
Be it enacted by the General Assembly of Virginia:
1. That §§10.1-1301, 10.1-1401, and 62.1-448 of the Code of Virginia are amended and reenacted as follows:
§10.1-1301. State Air Pollution Control Board; membership; terms; vacancies.
The State Air Pollution Control Board shall be composed of
seven members appointed as follows: two members appointed by the
Governor for four-year terms; two members appointed by the Senate
Committee on Rules from a list recommended by the Senate Committee on
Agriculture, Conservation and Natural Resources; and three members appointed by
the Speaker of the House from a list recommended by the House Committee on
Agriculture, Chesapeake and Natural Resources. Members shall be
appointed for terms of four years. Vacancies other than by expiration of
term shall be filled by the Governor appointing authority by
appointment for the unexpired term.
§10.1-1401. Virginia Waste Management Board continued.
A. The Virginia Waste Management Board shall consist of seven
Virginia residents appointed as follows: two members appointed by the
Governor for terms of four years; two members appointed by the Senate
Committee on Rules from a list recommended by the Senate Committee on
Agriculture, Conservation and Natural Resources; and three members appointed by
the Speaker of the House from a list recommended by the House Committee on
Agriculture, Chesapeake and Natural Resources. Members shall be
appointed for terms of four years. The members of the Board shall be
citizens of the Commonwealth and shall be selected from the Commonwealth at
large on the basis of merit without regard to political affiliation. Members
shall, by their education, training, or experience, be knowledgeable of waste
management and shall be fairly representative of agriculture, conservation,
industry, and public health. Vacancies occurring other than by expiration of a
term shall be filled by the Governor appointing authority for the
unexpired portion of the term.
B. The Board shall adopt rules and procedures for the conduct of its business.
C. The Board shall elect a chairman from among its members.
D. A quorum shall consist of four members. The decision of a majority of those present and voting shall constitute a decision of the Board; however, a vote of the majority of the Board membership is required to constitute a final decision on certification of site approval. Meetings may be held at any time or place determined by the Board or upon call of the chairman or upon written request of any two members. All members shall be notified of the time and place of any meeting at least five days in advance of the meeting.
§62.1-44.8. Number, appointment and terms of members.
The Board shall consist of seven members appointed as
follows: two members appointed by the Governor subject to confirmation
by the General Assembly; two members appointed by the Senate Committee
on Rules from a list recommended by the Senate Committee on Agriculture,
Conservation and Natural Resources; and three members appointed by the Speaker
of the House from a list recommended by the House Committee on Agriculture,
Chesapeake and Natural Resources. Members shall be appointed for the terms
of four years each. Vacancies other than by expiration of a term shall be
filled by the Governor appointing authority by appointment for
the unexpired term.
2. That [ the authority of the State Air Pollution Control
Board, the Virginia Waste Management Board, and the State Water Control Board
shall not include the authority to issue any environmental permit, or abridge
or deny any environmental permit issued by the Department of Environmental
Quality. , notwithstanding any other provision of law, the authority of the
State Air Pollution Control Board and the State Water Control Board shall be
limited to the promulgation of regulations, including general permit regulations,
and shall not include the authority to issue, reissue, amend, or deny any
environmental permit. The authority to issue, reissue, amend, or deny any
environmental permit shall rest solely with the Director of the Department of
Environmental Quality, subject to regulations adopted by the boards. For the
purposes of this act, "environmental permit" includes any permit,
certificate, or approval pursuant to Chapter 13 (§10.1-1300 et seq.) of Title
10.1 of the Code of Virginia and Chapters 3.1 (§62.1-44.2 et seq.), 24 (§
62.1-242 et seq.), and 25 (§62.1-254 et seq.) of Title 62.1 of the Code of
Virginia and any recodifications thereof.
3. That any permits or orders issued by the Air Pollution Control Board or the State Water Control Board prior to the effective date of this act shall continue in full force and are enforceable by the Department of Environmental Quality. ]
