§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 authority; appointment


Published: 2015

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WEST VIRGINIA CODE











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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

authority; appointment.

(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

purpose.

(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,

respectively.

(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

terms.

(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

board.

(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

The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.