Chapter 5B. Economic Development Act Of 1985


Published: 2015

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
WEST VIRGINIA CODE











‹ Back



 |   Print







WVC 5B-

CHAPTER 5B. ECONOMIC DEVELOPMENT ACT OF 1985.

WVC 5 B- 2 F-

ARTICLE 2F. DIVISION OF ENERGY.







WVC 5 B- 2 F- 1

§5B-2F-1. Short title.

This chapter shall be known and cited as the West Virginia

Energy Policy and Development Act.







WVC 5 B- 2 F- 2



.§5B-2F-2. Purpose; office of Director for Energy Development;

director to be member of Public Energy Authority;

division to develop energy policy and development

plan; contents of energy policy and development plan;

and division to promote energy initiatives.

(a) Effective July 1, 2007, the Division of Energy is created

as a state agency under the Department of Commerce. The division

may receive federal funds. The division shall be administered by

a director, who shall be appointed by the Governor, by and with the

advice and consent of the Senate, and shall continue to serve until

his or her successor is appointed and qualified as provided. The

director shall be selected with special preference and

consideration given to his or her training, experience, capacity

and interest in energy policy and development activities.

(b) Creation of the division is intended to provide leadership

for developing energy policies emphasizing the increased efficiency

of energy use, the increased development and production of new and

existing domestic energy sources, the increased awareness of energy

use on the environment and the economy, dependable, efficient and

economical statewide energy systems capable of supporting the needs

of the state, increased energy self-sufficiency where the ratio of

indigenous to imported energy use is increased, reduce the ratio

energy consumption to economic activity and maintain low-cost

energy. The energy policies and development plans shall also

provide direction for the private sector.

(c) The director shall administer the daily operations of the

Public Energy Authority provided under the provisions of chapter

five-d of this code. The director shall also have authority over

the Office of Coalfield Community Development, created by the

provisions of article two-a of this chapter, and the energy

efficiency program existing under the West Virginia Development

Office which are hereby transferred to the division. The director

shall effectuate coordination of these entities relative to the

purposes provided in this article.

(d) The division shall develop an energy policy and shall

report the same back to the Governor and the Joint Committee on

Government and Finance before December 1, 2007. The energy policy

shall be a five-year plan setting forth the state's energy policies

and shall provide a direction for the private sector. Prior to the

expiration of the energy policy, the division shall begin review of

the policy and submit a revised energy policy to the Governor and

the Joint Committee on Government and Finance six months before the

expiration of the policy.

(e) The director shall be a member of the Public Energy

Authority and as such shall attend and participate in all official

meetings and public hearings conducted under the auspices of the

authority.

(f) The division shall prepare and submit an annual energy

development plan to the Governor and the Joint Committee on

Government and Finance on or before December 1 of each year. The development plan shall relate to the division's implementation of

the energy policy and the activities of the division during the

previous year. The development plan shall include any recommended

legislation. The Public Energy Authority, the Office of Coalfield

Community Development, the energy efficiency program, the

Department of Environmental Protection and the Public Service

Commission, in addition to their other duties prescribed by this

code, shall assist the division and the director in the development

of an energy policy and related development plans. The energy

development plan shall set forth the plans for implementing the

state's energy policy and shall provide a direction for the private

sector. The energy development plan shall recognize the powers of

the Public Energy Authority as to development and financing of

projects under its jurisdiction and shall make such recommendations

as are reasonable and practicable for the exercise of such powers.

(g) The division shall hold public hearings and meetings with

notice to receive public input regarding proposed energy policies

and development plans. The energy policy and development plans

required by subsections (d) and (f) of this section shall address

increased efficiency of energy use, traditional and alternative

energy, water as a resource and a component of energy production,

energy distribution systems, the siting of energy facilities, the

increased development and production of new and existing domestic

energy sources, increased awareness of energy use on the

environment and the economy, energy infrastructure, the development and implementation of renewable, clean, technically innovative and

advanced energy projects in this state. Projects may include,

without limitation, solar and wind energy, low-impact hydro power,

geothermal, biomass, landfill gas, fuel cells, renewable hydrogen

fuel technologies, waste coal, coal mine methane, coal gasification

to ultraclean fuels, solid waste to fuel grade ethanol and coal

liquefaction technologies.

(h) The division may propose rules for legislative approval in

accordance with the provisions of article three, chapter

twenty-nine-a of this code designed to implement an energy policy

and development plan in accordance with the provisions of this

chapter.

(i) The energy policy and development plans required by

subsections (d) and (f) of this section shall identify and report

on the energy infrastructure in this state and include without

limitation energy infrastructure related to protecting the state's

essential data, information systems and critical government

services in times of emergency, inoperativeness or disaster. In

consultation with the Director of the Division of Homeland Security

and Emergency Management, the director of the division shall

encourage the development of energy infrastructure and strategic

resources that will ensure the continuity of governmental

operations in situations of emergency, inoperativeness or disaster.

(j) In preparing or revising the energy policy and development

plan, the division may rely upon internal staff reports or the advice of outside advisors or consultants and may procure such

services with the consent of the Secretary of Commerce. The

division may also involve national, state and local government

leadership and energy experts.

(k) The division shall prepare an energy use database,

including without limitation, end-use applications and

infrastructure needs for different classes of energy users

including residential, commercial and industrial users, data

regarding the interdependencies and sources of electricity, oil,

coal, water and gas infrastructure, data regarding energy use of

schools and state-owned facilities and collect data on the impact

of the energy policy and development plan on the decisions and

strategies of energy users of the state.

(l) The division shall promote collaboration between the

state's universities and colleges, private industry and nonprofit

organizations to encourage energy research and leverage available

federal energy research and development resources.

(m) The division shall promote initiatives to enhance the

nation's energy security through research and development directed

at transforming the state's energy resources into the resources

that fuel the nation.

(n) The Performance Evaluation and Research Division of the

Legislative Auditor's office shall perform an agency review of the

Division of Energy in 2010 as part of its review of the Department

of Commerce as set forth in article four, chapter ten of this code.

(o) The division shall work with the President of the United

States and his or her administration to develop a plan that would

allow West Virginia to become the leader in transitioning the

United States to a new energy future.

(p) The division is to determine the best way for West

Virginia to utilize its resources and any federal funding to

develop the technologies that are necessary for such a transition.

(q) The division is to clearly articulate West Virginia's

position on an energy solution for the United States that

encompasses clean coal, natural gas, transtech energy technologies

and renewable energy technologies.

(r) The division shall develop and distribute an informational

program and policies that emphasize the importance of West Virginia

energy resources and their positive impact on the eastern seaboard

and the nation.

(s) The division shall monitor legal challenges to the energy

industries in the state and submit a report quarterly to the Joint

Committee on Government and Finance. The report shall contain

information relating to any litigation that challenges any statute

that could affect the production, distribution and utilization of

natural resources of the state.





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.