SB 554 — Transferring functions of WV Solid Waste Management Board to DEP

(10) “Revenue” means any money or thing of value collected by, or paid to, the solid waste management board Departmentdepartment of Environmental Protection as rent, use fee, service chargecharge, or other charge for use of, or in connection with, any solid waste disposal project, or as principal of or interest,interest charges or other fees on loans, or any other collections on loans made by the solid waste management board Departmentdepartment of Environmental Protection to governmental agencies to finance, in whole or in part, the acquisition or construction of any solid waste development project or projects, or other money or property which is received and may be expended for or pledged as revenues pursuant to this article.

(11)“Secretary” “Solid waste” means any garbage, paper, litter, refuse, cans, bottles, waste processed for the expressSecretary purpose of incineration, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility, other discarded material, including offensive or unsightly matter, solid, liquid, semisolid or contained liquid or gaseous material resulting from industrial, commercial, mining or community activities but does not include solid or dissolved material in sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources and have permits under article five-a, chapter twenty of this code, or source, special nuclear or byproduct material as defined by the AtomicDepartment Energy Act of 1954,Environmental asProtection. amended, including any nuclear or byproduct material considered by federal standards to be below regulatory concern, or a hazardous waste either identified or listed under article five-e, chapter twenty of this code, or refuse, slurry, overburden or other waste or material resulting from coal-fired electric power or steam generation, the exploration, development, production, storage and recovery of coal, oil and gas, and other mineral resources placed or disposed of at a facility which is regulated under chapter twenty-two, twenty-two-a or twenty-two-b of this code, so long as such placement or disposal is in conformance with a permit issued pursuant to said chapters.

(11) “Solid waste” means any garbage, paper, litter, refuse, cans, bottles, waste processed for the express purpose of incineration, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility, other discarded material, including offensive or unsightly matter, solid, liquid, semisolid, or contained liquid or gaseous material resulting from industrial, commercial, mining, or community activities, but does not include solid or dissolved material in sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources and have permits under §20-5A-1 et seq.

of this code, or source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954, as amended, including any nuclear or byproduct material considered by federal standards to be below regulatory concern, or a hazardous waste either identified or listed under §20-5E-1 et seq.

of this code, or refuse, slurry, overburden or other waste or material resulting from coal-fired electric power or steam generation, the exploration, development, production, storage and recovery of coal, oil and gas, and other mineral resources placed or disposed of at a facility which is regulated under §22-1-1 et seq.,  §22A-1-1 et seq.

, or §22B-1-1 et seq, so long as such placement or disposal is in conformance with a permit issued pursuant to said chapters.

(12) “Solid waste facility” means any system, facility, land, contiguous land, improvements on land, structuresstructures, or other appurtenances or methods used for processing, recyclingrecycling, or disposing of solid waste, including landfills, transfer stations, materials recovery facilitiesfacilities, and other such facilities not herein specified.

(13) “Solid waste disposal project” or “project” means any solid waste facility, wastewater treatment plants, sewer treatment plants, water and sewer systemssystems, and connecting pipelines the acquisition or construction of which is authorized by the solid waste management board Departmentdepartment of Environmental Protection or any acquisition or construction which is financed, in whole or in part, from funds made available by grant or loan by, or through, the board Departmentdepartment of Environmental Protection as provided in this article, including all buildings and facilities which the board Departmentdepartment of Environmental Protection deems necessary for the operation of the project, together with all property, rights, easementseasements, and interests which may be required for the operation of the project.

(14) “Solid waste disposal shed” or “shed” means a geographical area which the solid waste management board Departmentdepartment of Environmental Protection designates as provided in section eight of this article for solid waste management.

(15) “Solid waste facility operator” means any person or persons possessing or exercising operational, managerialmanagerial, or financial control over a commercial solid waste facility, whether or not such person holds a certificate of convenience and necessity or a permit for such facility.

The Departmentdepartment of Environmental Protection is charged with carrying out the requirements of this article and assumes the rights and responsibilities formerly delegated to the solidSolid wasteWaste managementManagement board.Board.

To accomplish the public policy and purpose and to meet the responsibility of the state as set forth in this article, the solid waste management board Departmentdepartment of Environmental Protection shall designate and establish solid waste disposal sheds and it may initiate, acquire, construct, maintain, repairrepair, and operate solid waste disposal projects or cause the same to be operated pursuant to a lease, subleasesublease, or agreement with any person or governmental agency;

A solid waste disposal project shall not be undertaken unless the board Departmentdepartment of Environmental Protection determines that the project is consistent with federal law, with its solid waste disposal shed plan, with the standards set by the State Environmental Quality Board and the director cabinet secretary of the Division of Environmental Protection for any waters of the state which may be affected thereby, with the air quality standards set by the said director cabinet secretary and with health standards set by the bureauBureau of publicPublic health.Health.

Any resolution of the board decision of the cabinet secretary providing for acquiring or constructing such projects or for making a loan or grant for such projects shall include a finding by the board Departmentdepartment of Environmental Protection that such determinations have been made.

(2) The specific purposes for which the proceeds of the loan shall be expended, the procedures as to the disbursement of loan proceedsproceeds, and the duties and obligations imposed upon the governmental agency in regard to the construction or acquisition of the project;

(3) The agreement of the governmental agency to impose, collect, and, if required to repay the obligations of such governmental agency under the loan agreement, increase service charges from persons using said project, which service charges shall be pledged for the repayment of such loan together with all interest, feesfees, and charges thereon and all other financial obligations of such governmental agency under the loan agreement;

(4) The agreement of the governmental agency to comply with all applicable laws, rulesrules, and regulations issued by the board Departmentdepartment of Environmental Protection or other state, federalfederal, and local bodies in regard to the construction, operation, maintenancemaintenance, and use of the project;

and (5) Such other provisions, termsterms, or conditions as the board Departmentdepartment of Environmental Protection may reasonably require.

The board Departmentdepartment of Environmental Protection shall comply with all of the provisions of federal law and of §22-15-1 et seq.

of this codecode, and any rules promulgated thereunder which pertain to solid waste collection and disposal.

Further, the Departmentdepartment of Environmental Protection is bound by actions taken by the Solid Waste Management Board prior to the effective date of this article.

Powers, dutiesduties, and responsibilities of board the Department of Environmental Protection generally.

The solid waste management board Departmentdepartment of Environmental Protection may exercise all powers necessary or appropriate to carry out and effectuate its corporate the purpose of this article.

The board Departmentdepartment of Environmental Protection may:

Any actions against the board Departmentdepartment of Environmental Protection pursuant to this article shall be brought in the circuitCircuit courtCourt of Kanawha County.

(8) (6) Issue solid waste disposal revenue bonds and notes and solid waste disposal revenue refunding bonds of the state, payable solely from revenues as provided in sectionsection10 ten of this article, unless the bonds are refunded by refunding bond, for the purpose of paying all or any part of the cost of acquiring, constructing, reconstructing, enlarging, improving, furnishing, equipping, or repairing solid waste disposal projects, or making loans to persons or to governmental agencies for the acquisition, designdesign, or construction of solid waste disposal projects or parts thereof.

(10) (8) Acquire in the name of the state, by purchase or otherwise, on such terms and in such manner as it deems proper, or by the exercise of the right of eminent domain in the manner provided in Chapter§54-1-1 of this code, such public or private lands, or parts thereof or rights therein, rights-of-way, property, rights, easements and interests it deems necessary for carrying out the provisions of this article, but excluding the acquisition by the exercise of the right of eminent domain of any solid waste facility operated under permits issued pursuant to the provisions of §22-15-1 et seq.

of this code, such public or private lands, or parts thereof or rights therein, rights-of-way, property, rights, easements, and interests it deems necessary for carrying out the provisions of this article, but excluding the acquisition by the exercise of the right of eminent domain of any solid waste facility operated under permits issued pursuant to the provisions of §22-15-1 et seq.

This article does not authorize the board Departmentdepartment of Environmental Protection to take or disturb property or facilities belonging to any public utility or to a common carrier, which property or facilities are required for the proper and convenient operation of such public utility or common carrier, unless provision is made for the restoration, relocation or duplication of such property or facilities elsewhere at the sole cost of the board Departmentdepartment. of Environmental Protection.

The Departmentdepartment of Environmental Protection shall follow its purchasing rules contained in 60 CSR 10.

A bond with good and sufficient surety, approved by the board, is required of all contractors in an amount equal to at least fifty percent of the contract price, conditioned upon the faithful performance of the contract (12) (10) Employ managers, superintendents, engineers, accountants, Auditorsauditors and other employees, and retain or contract with consulting engineers, financial consultants, accounting experts, architects, attorneys, and such other consultants and independent contractors as are necessary in its judgment to carry out the provisions of this article,article and fix the compensation or fees thereof.

All expenses thereof are payable solely from the proceeds of solid waste disposal revenue bonds or notes issued by the board Departmentdepartment, of Environmental Protection, from revenues and from funds appropriated for such purpose by the Legislature.

(13) (11) Receive and accept from any federal agency, subject to the approval of the Governor, grants for or in aid of the construction of any solid waste disposal project or for research and development with respect to solid waste disposal projects and solid waste disposal sheds and receive and accept from any source aid or contributions of money, property, laborlabor, or other things of value, to be held, usedused, and applied only for the purposes for which such grants and contributions are made.

(15) (13) Purchase fire and extended coverage and liability insurance for any solid waste disposal project, and for the principal office and suboffices of the board, insurance protecting the board and its officers and employees against liability, if any for damage to property or injury to or death of persons arising from its operations and any other insurance the board Departmentdepartment of Environmental Protection may agree to provide under any resolution authorizing the issuance of solid waste disposal revenue bonds.

(16) is (14)new; Charge, alter, and collect rentals and other charges for the use or services of any solid waste disposal project as provided in this article, and charge and collect reasonable interest, fees, and other charges in connection with the making and servicing of loans to governmental agencies in furtherance of the purposes of this article.

(17)therefore, (15)strike-throughs Establishand orunderscoring increasehave reservesbeen fromomitted.(16) moneys(14) receivedCharge, oralter, toand becollect receivedrentals byand other charges for the boarduse Departmentor services of Environmentalany Protectionsolid towaste securedisposal orproject toas payprovided thein principalthis ofarticle, and interestcharge onand thecollect bondsreasonable interest, fees, and notesother issuedcharges byin connection with the boardmaking Departmentand servicing of Environmentalloans Protectionto pursuantgovernmental toagencies in furtherance of the purposes of this article.

(18)(17) (16)(15) DoEstablish allor actsincrease necessaryreserves andfrom propermoneys received or to carrybe outreceived by the powersboard expresslydepartment grantedto secure or to pay the boardprincipal Department of Environmentaland Protectioninterest inon the bonds and notes issued by the board department pursuant to this article.

(18) (16) Do all acts necessary and proper to carry out the powers expressly granted to the board department in this article.

On or before the first day of January, one thousand nine hundred ninety-three, the solid waste management board Once every two years beginning in 2023, the Departmentdepartment of Environmental Protection shall prepare an overall state plan for the proper management of solid waste:

In order to ensure that the public purposes to be served by the board Departmentdepartment of Environmental Protection may be properly carried out and in order to assure the timely payment to the board Departmentdepartment of Environmental Protection of all sums due and owing under loan agreements with governmental agencies, as referred to in §22C-3-5 of this code, notwithstanding any provision to the contrary elsewhere contained in this code, in event of any default by a governmental agency under such a loan agreement, the board Departmentdepartment of Environmental Protection has, and may, at its option, exercise the following rights and remedies in addition to the rights and remedies conferred by law or pursuant to said loan agreement:

(1) The board Departmentdepartment of Environmental Protection may directly impose, in its own name and for its own benefit, service charges determined by it to be necessary under the circumstances upon all users of the solid waste disposal project to be acquired or constructed pursuant to such loan agreement, and proceed directly to enforce and collect such service charges, together with all necessary costs of such enforcement and collection.

(2) The board Departmentdepartment of Environmental Protection may exercise, in its own name or in the name of and as agent for the governmental agency, all of the rights, authority, powers and remedies of the governmental agency with respect to the solid waste disposal project or which may be conferred upon the governmental agency by statute, rule, regulationregulation, or judicial decision, including, without limitation, all rights and remedies with respect to users of such solid waste disposal project.

(3) The board Departmentdepartment of Environmental Protection may, by civil action, mandamusmandamus, or other judicial or administrative proceeding, compel performance by such governmental agency of all of the terms and conditions of such loan agreement including, without limitation, the adjustment and increase of service charges as required to repay the loan or otherwise satisfy the terms of such loan agreement, the enforcement and collection of such service charges and the enforcement by such governmental agency of all rights and remedies conferred by statute, rule, regulationregulation, or judicial decision.

The board Departmentdepartment of Environmental Protection shall maintain the division of the state into geographical areas for solid waste management which shall be known as solid waste disposal sheds.

The board Departmentdepartment of Environmental Protection may, from time to time, modify the boundaries of such sheds in a manner consistent with the provisions of this section.

Before it modifies the sheds, the board Departmentdepartment of Environmental Protection shall consult with the affected municipalities and county or regional solid waste authorities and obtain and evaluate their opinions as to how many sheds there should be and where their boundaries should be located.

The board Departmentdepartment of Environmental Protection shall then cause feasibility and cost studies to be made in order for it to designate the solid waste disposal sheds within each of which the most dependable, effective, efficientefficient, and economical solid waste disposal projects may be established.

The board Departmentdepartment of Environmental Protection shall designate the sheds so that:

(1) The goal of providing solid waste collection and disposal service to each household, businessbusiness, and industry in the state can reasonably be achieved.

(3) Solid waste collection and disposal service, facilitiesfacilities, and projects can be integrated in the most feasible, dependable, effective, efficientefficient, and economical manner.

Provided, That the board Departmentdepartment of Environmental Protection may divide a county among two or more sheds upon request of the appropriate county or regional solid waste authority.

The board Departmentdepartment, of Environmental Protection, in modifying the boundaries of solid waste disposal sheds, is exempt from the provisions of Chapter§29A-1-1 29Aet ofseq. this code.

 of this code.

Board The Department of Environmental Protection empowered to issue solid waste disposal revenue bonds, renewal notesnotes, and refunding bonds;

The board Departmentdepartment of Environmental Protection is hereby empowered to issue, from time to time, solid waste disposal revenue bonds and notes of the state in such principal amounts as the board Departmentdepartment of Environmental Protection deems necessary to pay the cost of or finance, in whole or in part, by loans to governmental agencies, one or more solid waste development projects, but the aggregate amount of all issues of bonds and notes outstanding at one time for all projects authorized hereunder shall not exceed that amount capable of being serviced by revenues received from such projects, and shall not exceed in the aggregate the sum of $100 million:

The board Departmentdepartment of Environmental Protection may, from time to time, issue renewal notes, issue bonds to pay such notes and whenever it deems refunding expedient, refund any bonds by the issuance of solid waste disposal revenue refunding bonds of the state.

Except as may otherwise be expressly provided in this article or by the board Departmentdepartment, of Environmental Protection, every issue of its bonds or notes are obligations of the board Departmentdepartment of Environmental Protection payable out of the revenues and reserves created for such purposes by the board Departmentdepartment, of Environmental Protection, which are pledged for such payment, without preference or priority of the first bonds issued, subject only to any agreements with the holders of particular bonds or notes pledging any particular revenues.

Such pledge is valid and binding from the time the pledge is made and the revenue so pledged and thereafter received by the board Departmentdepartment of Environmental Protection is immediately subject to the lien of such pledge without any physical delivery thereof or further act and the lien of any such pledge is valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the board Departmentdepartment of Environmental Protection irrespective of whether such parties have notice thereof.

The bonds and notes shall be authorized by resolution of the board Departmentdepartment, of Environmental Protection, bear such dates and mature at such times, in the case of any such note or any renewals thereof not exceeding five years from the date of issue of such original note, and in the case of any such bond not exceeding 50 years from the date of issue, as such resolution may provide.

The bonds and notes shall bear interest at such rate, be in such denominations, be in such form, either coupon or registered, carry such registration privileges, be payable in such medium of payment, at such place and be subject to such terms of redemption as the board Departmentdepartment of Environmental Protection may authorize.

The board Departmentdepartment of Environmental Protection may sell such bonds and notes at public or private sale, at the price the board Departmentdepartment of Environmental Protection determines.

The bonds and notes shall be executed by the chair and vice chair of the board cabinet secretary of the Department of Environmental Protection, both of whom who may use facsimile or digital signatures.

In case any officer whose signature, or a facsimile of whose signature, appears on any bonds, notes or coupons ceases to be such officer before delivery of such bonds or notes, such signature or facsimile is nevertheless sufficient for all purposes the same as if he or she had remained in office until such delivery and, in case the seal of the board has been changed after a facsimile has been imprinted on such bonds or notes, such facsimile seal will continue to be sufficient for all purposes Any resolution decision by the cabinet secretary authorizing any bonds or notes or any issue thereof may contain provisions (subject to such agreements with bondholders or noteholders as may then exist, which provisions shall be a part of the contract with the holders thereof) as to pledging all or any part of the revenues of the board Departmentdepartment of Environmental Protection to secure the payment of the bonds or notes or of any issue thereof;

the use and disposition of revenues of the board Departmentdepartment; of Environmental Protection;

a covenant to fix, alteralter, and collect rentals, fees, service chargescharges, and other charges so that pledged revenues will be sufficient to pay the costs of operation, maintenancemaintenance, and repairs, pay principal of and interest on bonds or notes secured by the pledge of such revenues and provide such reserves as may be required by the applicable resolution;

the setting aside of reserve funds, sinking funds, or replacement and improvement fundsfunds, and the regulation and disposition thereof;

the use, lease, sale or other disposition of any solid waste disposal project or any other assets of the board Departmentdepartment; of Environmental Protection;

agreement of the board Departmentdepartment of Environmental Protection to do all things necessary for the authorization, issuanceissuance, and sale of bonds in such amounts as may be necessary for the timely retirement of notes issued in anticipation of the issuance of bonds;

limitations on the amount of moneys to be expended by the board Departmentdepartment of Environmental Protection for operating, administrativeadministrative, or other expenses of the board Departmentdepartment; of Environmental Protection;

In the event that the sum of all reserves pledged to the payment of such bonds or notes is less than the minimum reserve requirements established in any resolution or resolutions authorizing the issuance of such bonds or notes, the chair of the board cabinet secretary shall certify, on or before December 1, of each year, the amount of such deficiency to the Governor of the state, for inclusion, if the Governor shall so elect, of the amount of such deficiency in the budget to be submitted to the next session of the Legislature for appropriation to the board Departmentdepartment of Environmental Protection to be pledged for payment of such bonds or notes:

Neither the members of the board cabinet secretary nor any person executing the bonds or notes are liable personally on the bonds or notes or are subject to any personal liability or accountability by reason of the issuance thereof.

Establishment of reserve funds, replacement and improvement fundsfunds, and sinking funds;

(a) Before issuing any revenue bonds in accordance with the provisions of this article, the board Departmentdepartment of Environmental Protection shall consult with and be advised by the water development authority as to the feasibility and necessity of the proposed issuance of revenue bonds.

and (5) The sufficiency of projected revenues available to the board Departmentdepartment of Environmental Protection to pay the interest on indebtedness as it falls due, to constitute a sinking fund for the payment thereof at maturity, or to discharge the principal within a prescribed period of time.

(b) Prior to issuing revenue bonds under the provisions of this article, the board Departmentdepartment of Environmental Protection shall enter into agreements satisfactory to the water development authority with regard to the selection of all consultants, advisorsadvisors, and other experts to be employed in connection with the issuance of such bonds and the fees and expenses to be charged by such persons, and to establish any necessary reserve funds and replacement and improvement funds, all such funds to be administered by the water development authority, and, so long as any such bonds remain outstanding, to establish and maintain a sinking fund or funds to retire such bonds and pay the interest thereon as the same may become due.

The amounts in any such sinking fund, as and when so set apart by the board Departmentdepartment, of Environmental Protection, shall be remitted to the water development authority at least 30 days previous to the time interest or principal payments become due, to be retained and paid out by the water development authority, as agent for the board Departmentdepartment, of Environmental Protection, in a manner consistent with the provisions of this article and with the resolution pursuant to which the bonds have been issued.

Such fund may be used by the fiscal agent for the purchase or redemption of any of the outstanding bonds payable from such fund at the market price, but not at a price exceeding the price at which any of such bonds is in the same year redeemable, as fixed by the board Departmentdepartment of Environmental Protection in its said resolution, and all bonds redeemed or purchased shall forthwith be canceled, and shall not again be issued.

Any holder of solid waste disposal revenue bonds issued under the authority of this article or any of the coupons appertaining thereto, except to the extent the rights given by this article may be restricted by the applicable resolution, may by civil action, mandamusmandamus, or other proceeding, protect and enforce any rights granted under the laws of this state or granted under this article, by the resolution authorizing the issuance of such bonds, and may enforce and compel the performance of all duties required by this article, or by the resolution, to be performed by the board Departmentdepartment of Environmental Protection or any officer or employee thereof, including the fixing, chargingcharging, and collecting of sufficient rentals, fees, service chargescharges, or other charges.

Bonds and notes not debt of state, county, municipalitymunicipality, or of any political subdivision;

This article does not authorize the board Departmentdepartment of Environmental Protection to incur indebtedness or liability on behalf of or payable by the state or any county, municipality, or political subdivision thereof.

All moneys, propertiesproperties, and assets acquired by the board Departmentdepartment, of Environmental Protection, whether as proceeds from the sale of solid waste disposal revenue bonds or as revenues or otherwise, shall be held by it in trust for the purposes of carrying out its powers and duties, and shall be used and reused in accordance with the purposes and provisions of this article.

Beginning in the fiscal year ending June 30, 1992 2023, and every second fiscal year thereafter, the Legislature shall cause to be performed a post audit and a performance audit for the intervening two-year period of the recipients of any grant or loan provided by the solid waste management board Departmentdepartment of Environmental Protection pursuant to this article.

Rentals, fees, service chargescharges, and other revenues from solid waste disposal projects;

This section applies to any solid waste disposal project or projects which are owned, in whole or in part, by the board Departmentdepartment. of Environmental Protection.

The board Departmentdepartment of Environmental Protection may charge, alteralter, and collect rentals, fees, service chargescharges, or other charges for the use or services of any solid waste disposal project, and contract in the manner provided by this section with one or more persons, one or more governmental agencies, or any combination thereof, desiring the use or services thereof, and fix the terms, conditions, rentals, fees, service chargescharges, or other charges for such use or services.

Such rentals, fees, service chargescharges, or other charges are not subject to supervision or regulation by any other authority, department, commission, board, bureau, or agency of the state, and such contract may provide for acquisition by such person or governmental agency of all or any part of such solid waste disposal project for such consideration payable over the period of the contract or otherwise as the board Departmentdepartment of Environmental Protection in its sole discretion determines to be appropriate, but subject to the provisions of any resolution authorizing the issuance of solid waste disposal revenue bonds or notes or solid waste disposal revenue refunding bonds of the board Departmentdepartment. of Environmental Protection.

Any governmental agency which has power to construct, operate, and maintain solid waste disposal facilities may enter into a contract or lease with the board Departmentdepartment of Environmental Protection whereby the use or services of any solid waste disposal project of the board Departmentdepartment of Environmental Protection will be made available to such governmental agency and pay for such use or services such rentals, fees, service charges, or other charges as may be agreed to by such governmental agency and the board Departmentdepartment. of Environmental Protection.

Any governmental agency or agenciesagencies, or combination thereofthereof, may cooperate with the board Departmentdepartment of Environmental Protection in the acquisition or construction of a solid waste disposal project and shall enter into such agreements with the board Departmentdepartment of Environmental Protection as are necessary, with a view to effective cooperative action and safeguarding of the respective interests of the parties thereto, which agreements shall provide for such contributions by the parties thereto in such proportion as may be agreed upon and such other terms as may be mutually satisfactory to the parties, including, without limitation, the authorization of the construction of the project by one of the parties acting as agent for all of the parties and the ownership and control of the project by the board Departmentdepartment of Environmental Protection to the extent necessary or appropriate for purposes of the issuance of solid waste disposal revenue bonds by the board Departmentdepartment. of Environmental Protection.

Any governmental agency may provide such contribution as is required under such agreements by the appropriation of money or, if authorized by a favorable vote of the electors to issue bonds or notes or levy taxes or assessments and issue notes or bonds in anticipation of the collection thereof, by the issuance of bonds or notes or by the levying of taxes or assessments and the issuance of bonds or notes in anticipation of the collection thereof, and by the payment of such appropriated money or the proceeds of such bonds or notes to the board Departmentdepartment of Environmental Protection pursuant to such agreements.

Any governmental agency, pursuant to a favorable vote of the electors in an election held for the purpose of issuing bonds to provide funds to acquire, constructconstruct, or equip, or provide real estate and interests in real estate for a solid waste disposal project, whether or not the governmental agency at the time of such election had the board Departmentdepartment of Environmental Protection to pay the proceeds from such bonds or notes issued in anticipation thereof to the board Departmentdepartment of Environmental Protection as provided in this section, may issue such bonds or notes in anticipation of the issuance thereof and pay the proceeds thereof to the board Departmentdepartment of Environmental Protection in accordance with an agreement between such governmental agency and the board Departmentdepartment: of Environmental Protection:

Provided, That the legislative board of the governmental agency finds and determines that the solid waste disposal project to be acquired or constructed by the board Departmentdepartment of Environmental Protection in cooperation with such governmental agency will serve the same public purpose and meet substantially the same public need as the project otherwise proposed to be acquired or constructed by the governmental agency with the proceeds of such bonds or notes.

Maintenance, operationoperation, and repair of projects;

Each solid waste development project, when constructed and placed in operation, shall be maintained and kept in good condition and repair by the board Departmentdepartment, of Environmental Protection or if owned by a governmental agency, by such governmental agency, or the board Departmentdepartment of Environmental Protection or such governmental agency shall cause the same to be maintained and kept in good condition and repair.

Each such project owned by the board Departmentdepartment of Environmental Protection shall be operated by such operating employees as the board Departmentdepartment of Environmental Protection employs or pursuant to a contract or lease with a governmental agency or person.

As soon as possible after the close of each fiscal year, the board Departmentdepartment of Environmental Protection shall make an annual report of its activities for the preceding fiscal year to the Governor and the Legislature.

Each such report shall set forth a complete operating and financial statement covering the board's Departmentdepartment’s of Environmental Protection’s operations undertaken pursuant to this article during the preceding fiscal year.

The board Departmentdepartment of Environmental Protection shall cause an audit of its books and accounts to be made at least once each fiscal year by certified public accountants and the cost thereof may be treated as a part of the cost of construction or of operation of its projects.

§22C-3-18.

Solid waste disposal revenue bonds lawful investments.

            The provisions of §12-6-9 and §12-6-10 of this code notwithstanding, all solid waste disposal revenue bonds issued pursuant to this article are lawful investments for the West Virginia Investments Management Board and are also lawful investments for financial institutions as defined in §31A-1-2 of this code, and for insurance companies.

The board Departmentdepartment of Environmental Protection is not required to pay any taxes or assessments upon any solid waste disposal project or upon any property acquired or used by the board Departmentdepartment of Environmental Protection or upon the income therefrom.

Bonds and notes issued by the board Departmentdepartment of Environmental Protection and all interest and income thereon are exempt from all taxation by this state, or any county, municipality, political subdivision, or agency thereof, except inheritance taxes.

All governmental agencies, notwithstanding any provision of law to the contrary, may lease, lend, grantgrant, or convey to the board Departmentdepartment, of Environmental Protection, at its request, upon such terms as the proper authorities of such governmental agencies deem reasonable and fair and without the necessity for an advertisement, auction, order of court, or other action or formality, other than the regular and formal action of the governmental agency concerned, any real property or interests therein, including improvements thereto or personal property which is necessary or convenient to the effectuation of the authorized purposes of the board Departmentdepartment, of Environmental Protection, including public roads and other real property or interests therein, including improvements thereto or personal property already devoted to public use.

No officer, member or employee of the board Departmentdepartment of Environmental Protection may be financially interested, directly or indirectly, in any contract of any person with the board Departmentdepartment, of Environmental Protection, or in the sale of any property, real or personal, to or by the board Departmentdepartment. of Environmental Protection.

This section does not apply to contracts or purchases of property, real or personal, between the board Departmentdepartment of Environmental Protection and any governmental agency.

No officer, member, or employee of the board Departmentdepartment of Environmental Protection may have or acquire any financial interest, either direct or indirect, in any project or activity of the board undertaken by the Departmentdepartment of Environmental Protection pursuant to this article or in any services or material to be used or furnished in connection with any project or activity of the board Departmentdepartment of Environmental Protection undertaken pursuant to this article.

If an officer, member or employee of the board Departmentdepartment of Environmental Protection has any such interest at the time he or she becomes an officer, member or employee of the board Departmentdepartment, of Environmental Protection, he or she shall disclose and divest himself or herself of it.

Failure to do so is cause for dismissal from the position he or she holds with the authority Departmentdepartment. of Environmental Protection.

Provided, That member shall fully disclose orally and in writing to the board the nature and extent of any interest, prior to any vote by the board which involves his or her interest, withdraw from any deliberation or discussion by the board of matters involving his or her interest, and refrain from voting on any matter which directly or indirectly affects him or her No officer, member or employee of the board Departmentdepartment of Environmental Protection may accept a gratuity from any person doing business with the board Departmentdepartment of Environmental Protection or from any person for the purpose of gaining favor with the board Departmentdepartment. of Environmental Protection.

Solid waste collectors and haulers who are “common carriers by motor vehicle,”vehicle”, as defined in §24A-1-2 of this code, shall continue to be regulated by the Public Service Commission in accordance with the provisions of Chapter§24A-1-1 24aet andseq. rules promulgated thereunder.

Nothing in this article gives the board Department of Environmental any power or right to regulate such solid waste collectors and haulersrules inpromulgated anythereunder. manner, but the Public Service Commission, when it issues a new certificate of convenience and necessity, or when it alters or adjusts the provisions of any existing certificate of convenience and necessity, or when it approves the assignment or transfer of any certificate of convenience and necessity, shall consult with the board Department of Environmental regarding what action it could take which would most likely further the implementation of the board's Department of Environmental Protection’s solid waste disposal shed plan and solid waste disposal projects and shall take any reasonable action that will lead to or bring about compliance of such waste collectors and haulers with such plan and projects.

AtNothing anyin hearingthis conductedarticle bygives the Publicboard ServiceDepartment Commissionof pertainingEnvironmental Protection any power or right to regulate such solid waste collectors and haulers onin any manner, but the Public Service Commission, when it issues a new certificate of theseconvenience matters,and necessity, or when it alters or adjusts the provisions of any memberex post facto provision existing certificate of theconvenience board,and necessity, or when it approves ex post facto provision the directorassignment or antransfer employeeof any certificate of theconvenience boardand designatednecessity, byshall theconsult directorwith the board Department of Environmental Protection mayregarding appearwhat beforeaction it could take which would most likely further the commissionimplementation of the board's department’s solid waste disposal shed plan and presentsolid evidence.waste disposal projects and shall take any reasonable action that will lead to or bring about compliance of such waste collectors and haulers with such plan and projects.

At any hearing conducted by the Public Service Commission pertaining to solid waste collectors and haulers on any of these matters, any member of the board, the director or an employee of the board designated by the director the department may appear before the commission and present evidence.

of this code, to collect and dispose of abandoned household appliances and motor vehicles, inoperative household appliancesappliances, and junked motor vehicles and parts thereof, including tires.

The board Departmentdepartment of Environmental Protection and such enforcement agencies shall cooperate fully with each other in collecting and disposing of such solid waste.

§22C-3-25.

Liberal construction of article.

            The provisions of this article are hereby declared to be remedial and shall be liberally construed to effectuate its purposes and intents.

For purposes of exercising the authority provided under §22C-4-9a of this code, the board cabinet secretary of the Department of Environmental Protection may by resolution supersede and exercise, in part or whole, the powers granted to only county or regional solid waste authorities that operate solid waste facilities as provided in Chapter§7-1-1 7,et Chapterseq. 22, Chapter 22C, and Chapter 24 of this code.

Actions, of§22-1-1 theet boardseq. cabinet secretary supersede those powers granted to only county or regional solid waste authorities that operate solid waste facilities.

 , NOTE:§22C-1-1 et seq.

The, purpose of this bill is to abolish the West Virginia Solid Waste Management Board and, to create greater efficiencies, transfer its rights and responsibilities§24-1-1 toet theseq. West Virginia Department of Environmental Protection Division of Water and Waste Management.

Strike-throughsof indicatethis languagecode. that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

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