Chapter 5C. Basic Assistance For Industry And Trade

Published: 2015

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WVC 5 C- 2 -


WVC 5 C- 2 - 1

§5C-2-1. Legislative findings.

(a) The Legislature finds that:

(1) Coal is an important fuel source for keeping the household

energy costs low in the state of West Virginia;

(2) Continued protection of the state's environment, public

health and welfare requires that new emissions reduction

technologies that protect and improve air quality be evaluated for

their environmental effectiveness and economic viability;

(3) The diversity of fuel used to generate electricity is a

significant factor in providing reliable and economical energy to

the citizens of the state of West Virginia;

(4) The price of electricity generated with coal has remained

relatively unchanged over the past twenty years;

(5) The continued recovery and utilization of coal resources

are important to the state's economy;

(6) Advancements in clean coal technology clearly demonstrate

that electricity from coal can be produced in a more efficient,

economical and environmentally friendly manner; and

(7) Advancements in alternative coal usage has produced useful

household, commercial and industrial technologies.

(b) The Legislature determines that, consistent with the

protection of the public health and welfare, the protection of air

quality, the protection of the environment, the operation of

existing industries, the enhancement of the long-term economic

health and the improved reliability of electric generation in the state, it is a goal of this state's energy policy that technologies

be explored to increase the efficiencies and decrease the emissions

from electricity generated by coal.

(c) It is the policy of this state that clean coal

technologies and alternative coal uses will be explored in order


(1) Preserve fuel diversity and maintain reliable, low-cost

sources of electric power;

(2) Identify technologies for reducing the emissions from

existing coal-fired electric generation; and

(3) Identify new, cleaner coal-fired electric generation

technologies that may be used to provide new generating capacity.

WVC 5 C- 2 - 2

§5C-2-2. Definitions.

In this section:

(1) "Council" means the West Virginia clean coal technology


(2) "Designated agency" means the state agency designated by

the council to provide administrative support to the council.

(3) "Pilot projects" means the voluntary application of new

coal utilization technology on existing or new facilities designed

to reduce the emission of air pollutants.

WVC 5 C- 2 - 3

§5C-2-3. Creation and membership of the West Virginia clean coal

technology council.

(a) The West Virginia clean coal technology council is created

with legislative oversight to coordinate actions for the study and

development of clean coal technology pilot projects in this state.

(b) The council is composed of:

(1) Three state senators to be appointed by the president of

the Senate, with one being designated as cochair;

(2) Three state delegates to be appointed by the speaker of

the House, with one being designated as cochair;

(3) Two members representing coal operators' viewpoint to be

appointed by the governor from a list of three nominees for each

position submitted by the major trade association which represents

coal operators accounting for over one half of the coal produced in

mines in this state in the year prior to the year in which the

appointment is to be made;

(4) Two members representing coal miners' viewpoint to be

appointed by the governor from a list of three nominees for each

position submitted by the highest ranking official within the major

employee organization representing coal miners; and

(5) Two members who have knowledge of and experience in the

field of coal technology to be appointed by the governor.

WVC 5 C- 2 - 4

§5C-2-4. Administration.

(a) Members of the council shall be appointed for two-year

terms and may be reappointed for additional terms;

(b) The council shall meet not less than once each calendar

quarter for the first year and at a frequency to be determined by

the council thereafter, at a time determined by the council and at

the call of the cochairs;

(c) An appropriate state agency shall be designated by the

council as being responsible for administering the council. The

designated agency shall provide, from its existing staff, the staff

necessary to assist the council in carrying out its

responsibilities. This agency shall have the authority to request

and distribute federal funding for use by the council in carrying

out its responsibilities;

(d) The council is subject to the administrative procedures

act pursuant to chapter twenty-nine-a of this code.

WVC 5 C- 2 - 5

§5C-2-5. Powers, duties, information and reports of council.

(a) The council shall:

(1) Coordinate the activities of the designated agency with

regard to the specific clean coal technology charges of this

council with appropriate private, public, state or federal


(2) Provide direction to the designated agency to study,

develop and promulgate requests for proposals for pilot projects in

West Virginia that will assist the council in evaluating

technologies, assessing economics, evaluating the environmental

benefits, seeking funds, evaluating the useful life of pilot

projects and determining the importance of clean coal technologies

to energy policy in West Virginia. Requests for proposals shall

include an assessment of the potential for the use of financial and

other incentives for potential respondents;

(3) Provide oversight to the designated agency in seeking

public and private funding to support the activities of the council

and the financing of pilot projects;

(4) Determine a reasonable projected duration for the pilot


(5) Encourage and facilitate the development of alternative

coal uses and related coal technologies;

(6) File with the governor, speaker of the House of Delegates

and president of the Senate before the date that the next regular

legislative session convenes a report of the council's activities during the two proceeding years and any recommendations for

legislation considered necessary with regard to the pilot projects;


(7) Publish the report required by subdivision (6) of this


(b) The designated state agency having the responsibility for

administering the clean coal technology council shall maintain a

public file relating to the council.

(c) The designated agency having responsibility for

administering the clean coal technology council shall make

available to the public a copy of any council report that is

provided to the Legislature.

WVC 5 C- 2 - 6



Acts, 2010 Reg. Sess., Ch. 32.

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.