HB1261: State environmental boards; appointment of members to various Boards.
Be it enacted by the General Assembly of Virginia:
1. That §§ 2.2-107, 10.1-1301, 10.1-1401, and 62.1-448 of the Code of Virginia are amended and reenacted as follows:
§ 2.2-107. Appointment of members of commissions, boards, and other collegial bodies; disclosure of resumes.
A. Except as provided in the Constitution of Virginia, or where the manner of selection of members of boards and commissions is by election by the General Assembly, or as provided in Title 3.2 or § 10.1-1301, 10.1-1401, 62.1-44.8, or 54.1-901, but notwithstanding any other provision of law to the contrary, the Governor shall appoint all members of boards, commissions, councils or other collegial bodies created by the General Assembly in the executive branch of state government to terms of office as prescribed by law. Each member appointed pursuant to this section shall be subject to confirmation by the General Assembly and shall have the professional qualifications prescribed by law.
As part of the confirmation process for each gubernatorial appointee, the Secretary of the Commonwealth shall provide copies of the resume and statement of economic interests filed pursuant to § 2.2-3117 or 2.2-3118, as appropriate, to the chairs of the House of Delegates and Senate Committees on Privileges and Elections. For the purposes of this section and § 2.2-106, there shall be a joint subcommittee of the House of Delegates and Senate Committees on Privileges and Elections consisting of five members of the House Committee and three members of the Senate Committee appointed by the respective chairs of the committees to review the resumes and statements of economic interests of gubernatorial appointees. The members of the House of Delegates shall be appointed in accordance with the principles of proportional representation contained in the Rules of the House of Delegates. No appointment confirmed by the General Assembly shall be subject to challenge by reason of a failure to comply with the provisions of this paragraph pertaining to the confirmation process.
B. The resumes and applications for appointment submitted by persons who are appointed by the Governor pursuant to this section shall be available to the public upon request.
§ 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: three 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 two 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. The Senate Committee on Rules and the Speaker of the House
shall collect resumes and statements of economic interest from State Air
Pollution Control Board applicants and shall make the applications and resumes
of appointees available to the public upon request.
§ 10.1-1401. Virginia Waste Management Board continued.
A. The Virginia Waste Management Board shall consist of seven
Virginia residents appointed as follows: three 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 two 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.
The Senate Committee on Rules and the Speaker of the House shall collect
resumes and statements of economic interest from Virginia Waste Management
Board applicants and shall make the applications and resumes of appointees
available to the public upon request.
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: three 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 two 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. The Senate Committee on Rules and the Speaker of the House
shall collect resumes and statements of economic interest from Board applicants
and shall make the applications and resumes of appointees available to the
public upon request.
2. That, notwithstanding the provisions of this act, the current members of the State Air Pollution Control Board, Virginia Waste Management Board, and the State Water Control Board shall serve the remainder of the term for which they were appointed. If any current member is unable to complete the term for which he was appointed, the Governor shall fill the vacancy by appointment for the remainder of the unexpired term. Upon expiration of each such term, and for each board subject to the provisions of this act, appointments shall be made as follows: the Governor shall appoint members to the first, fourth, and seventh seats open for appointment; the Senate Committee on Rules shall appoint members to the second and fifth seats open for appointment; and the Speaker of the House shall appoint members to the third and sixth seats open for appointment.
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: three 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 two 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: three 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 two 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: three 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 two 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.
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. ]
HOUSE BILL NO. 1261
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.