West Virginia Code § 22-1-9

Environmental Protection Advisory Council
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(a) There is created within the Department of Environmental Protection the Environmental
Protection Advisory Council. The Environmental Protection Advisory Council consists of
eight members. The secretary serves as an ex officio member of the council and as its chair.
The remaining seven members are appointed by the Governor. Each member serves for a
term of four years and may be reappointed. Vacancies on the council shall bee filled within
sixty days after the vacancy occurs.
(b) Two members of the council shall represent industries regulated by the department or
their trade associations. Two members shall represent organizatuions advocating
environmental protection. One member shall represent organizations representing local
governments. One member shall represent public service disttricts. One member shall
represent the largest coal miner's labor organization in the state. In making subsequent
appointments this balance of membership shall be maintained.
(c) Appointed members shall be paid the same comlpensation and expense reimbursement as
is paid to members of the Legislature for theirs 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, at the call of the chair or upon the
unanimous request of its members.
(e) The council shall:
(1) Consult with and advise the director on program and policy development, problem
solving and other app ropriate 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) Provide an annual report to the Joint Committee on Government and Finance on or
before January 1 of each year relating to its findings with regard to the department's
performance during the previous year. The report will specifically address the department's
performance in accomplishing the nine purposes set forth in subsection (b), section one of
this article.
(f) Notwithstanding any other provision of this code to the contrary, upon approval by
majority vote of the Environmental Protection Advisory Council's members, the council may
submit recommendations for rulemaking to the Secretary of the Department of
Environmental Protection. The secretary shall consider the council's recommendations for
rulemaking when developing agency rules to be submitted for legislative approval.

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