Authorizing the Governor to appoint an additional member to the Surface Mine Board that represents the interest of labor
2013-02-13 - To House Energy, Industry and Labor, Economic Development and Small Business
H. B. 2045
(By Delegates Caputo, Boggs and Longstreth)
[Introduced February 13, 2013; referred to the
Committee on Energy, Industry and Labor, Economic
Development and Small Business then Government
Organization.]
A BILL to amend and reenact §22B-4-1 of the Code of West Virginia,
1931, as amended, relating to increasing the number of
appointments to the Surface Mine Board by one member; and
requiring that the additional member be appointed from a list
submitted by the major employee organization representing coal
miners to represent the view point of the working miners.
Be it enacted by the Legislature of West Virginia:
That §22B-4-1 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 4. SURFACE MINE BOARD.
§22B-4-1. Appointment and organization of Surface Mine Board.
(a) On and after the effective date of this article, the
"Reclamation Board of Review," heretofore created, shall continue
in existence and hereafter shall be known as the "Surface Mine Board."
(b) The board shall be composed of seven eight members who
shall be appointed by the Governor with the advice and consent of
the Senate. Not more than four members of the board shall be of the
same political party. Each appointed member of the board who is
serving in such capacity on the effective date of this article
shall continue to serve on the board until his or her term ends or
he or she resigns or is otherwise unable to serve. As each member's
term ends, or that member is unable to serve, a qualified successor
shall be appointed by the Governor with the advice and consent of
the Senate. One of the appointees to such the board shall be a
person who, by reason of previous vocation, employment or
affiliations, can be classed as one capable and experienced in coal
mining. One member of the board shall be a person appointed by the
Governor from a list containing the names of persons recommended to
the Governor for appointment by the highest ranking official within
the major employee organization representing coal miners within
this state. The list shall be transmitted to the Governor
requesting the Governor to appoint a person from the list to
represent the viewpoint of working miners. One of the appointees
to such the board shall be a person who, by reason of training and
experience, can may be classed as one capable and experienced in
the practice of agriculture. One of the appointees to such the
board shall be a person who by reason of training and experience, can be classed as one capable and experienced in modern forestry
practices. One of the appointees to such the board shall be a
person who, by reason of training and experience, can be classed as
one capable and experienced in engineering. One of the appointees
to such the board shall be a person who, by reason of training and
experience, can be classed as one capable and experienced in water
pollution control or water conservation problems. One of the
appointees to such the board shall be a person with significant
experience in the advocacy of environmental protection. One of the
appointees to such the board shall be a person who represents the
general public interest: Provided, That in any case brought before
the board relating to quarry operations as regulated by article
four of chapter twenty-two of this code, two alternate board
members will serve on the board who have expertise related to the
operation of quarries. These two alternate members will serve in
place of the board member appointed due to his or her expertise in
coal operations and the board member which has been appointed due
to his or her expertise in forestry. Each alternative member shall
have the identical term as the member which he or she is replacing.
The alternative board member replacing the member with expertise in
coal shall be appointed based on his or her expertise in quarry
operations. The alternative board member replacing the member with
expertise in forestry shall be appointed based on his or her
expertise in geology.
(c) During his or her tenure on the board, no member shall
receive significant direct or indirect financial compensation from
or exercise any control over any person or entity which holds or
has held, within the two years next preceding the member's
appointment, a permit to conduct activity regulated by the
division, under the provisions of article three or four, chapter
twenty-two of this code, or any similar agency of any other state
or of the federal government: Provided, That the member classed as
experienced in coal mining, the member classed as experienced in
engineering, the member classed as experienced in water pollution
control or water conservation problems and the two alternative
board members serving to hear quarry related cases may receive
significant financial compensation from regulated entities for
professional services or regular employment so long as the
professional or employment relationship is disclosed to the board.
No member shall participate in any matter before the board related
to a regulated entity from which the member receives or has
received, within the preceding two years direct or indirect
financial compensation. For purposes of this section, "significant
direct or indirect financial compensation" means twenty percent of
gross income for a calendar year received by the member, any member
of his or her immediate family or the member's primary employer.
(d) The members of the board shall be appointed for terms of
the same duration as their predecessor under the original appointment of two three members appointed to serve a term of two
years; two members appointed to serve a term of three years; two
members to serve a term of four years; and one member to serve a
term of five years. Any member whose term expires may be
reappointed by the Governor. In the event a board member is unable
to complete the term, the Governor shall appoint a person with
similar qualification to complete the term. The successor of any
board member appointed pursuant to this article must possess the
qualification as prescribed herein. Each vacancy occurring in the
office of a member of the board shall be filled by appointment
within sixty days after such the vacancy occurs.
NOTE: The purpose of this bill is to increase the number of
appointments to the Surface Mine Board by one member. The bill
requires that the additional member is appointed from a list
submitted by the major employee organization representing coal
miners to represent the view point of the working miners.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
