WEST VIRGINIA CODE
WVC 5 D- 1 - 4
§5D-1-4. West Virginia Public Energy Authority continued; West
Virginia Public Energy Board continued; organization
of authority and board; appointment of board members;
term, compensation and expenses; director of
(a) The West Virginia Public Energy Authority is continued.
The authority is a governmental instrumentality of the state and a
body corporate. The exercise by the authority of the powers
conferred by this article and the carrying out of its purposes and
duties are essential governmental functions and for a public
(b) The authority shall be controlled, managed and operated by
a seven-member board known as the West Virginia Public Energy
Authority Board, which is continued. The seven members include the
Director of the Division of Energy or designee; the Secretary of
the Department of Environmental Protection or designee; the
Director of the Economic Development Authority or designee; and
four members representing the general public. The public members
are appointed by the Governor, by and with the advice and consent
of the Senate, for terms of one, two, three and four years,
(c) On the thirtieth day of June, two thousand seven, the
terms of all appointed members shall expire. Not later than the
first day of July, two thousand seven, the Governor shall appoint
the public members required in subsection (b) of this section to assume the duties of the office immediately, pending the advice and
consent of the Senate.
(d) The successor of each appointed member is appointed for a
four-year term. A vacancy is filled by appointment by the Governor
in the same manner as the original appointment. A member appointed
to fill a vacancy serves for the remainder of the unexpired term.
Each board member serves until a successor is appointed.
(e) No more than three of the public members may at any one
time belong to the same political party. No more than two public
members may be employed by or associated with any industry the
authority is empowered to affect. One member shall be a person
with significant experience in the advocacy of environmental
protection. Board members may be reappointed to serve additional
(f) All members of the board shall be citizens of the state.
Before engaging in their duties, each member of the board shall
comply with the requirements of article one, chapter six of this
code and give bond in the sum of twenty-five thousand dollars in
the manner provided in article two of said chapter. The Governor
may remove any board member as provided in section four, article
six of said chapter.
(g) The Director of the Division of Energy shall serve as
chair. The board annually elects one of its members as vice chair
and appoints a secretary-treasurer who need not be a member of the
(h) Four members of the board constitute a quorum and the
affirmative vote of the majority of members present at any meeting
is necessary for any action taken by vote of the board. A vacancy
in the membership of the board does not impair the rights of a
quorum by such vote to exercise all the rights and perform all the
duties of the board and the authority.
(i) The person appointed as secretary-treasurer, including a
board member if so appointed, shall give bond in the sum of fifty
thousand dollars in the manner provided in article two, chapter six
of this code.
(j) Each public member shall be reimbursed for reasonable
expenses incurred in the discharge of official duties. All
expenses incurred by the board shall be paid in a manner consistent
with guidelines of the Travel Management Office of the Department
of Administration and are payable solely from funds of the
authority or from funds appropriated for such purpose by the
Legislature. Liability or obligation is not incurred by the
authority beyond the extent to which moneys are available from
funds of the authority or from such appropriations.
(k) In addition to such other duties and responsibilities as
may be prescribed in this code, the Director of the Division of
Energy is responsible for managing and administering the daily
functions of the authority and for performing all other functions
necessary to the effective operation of the authority.
Note: WV Code updated with legislation passed through the 2015 Regular Session
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