                                 CODE OF VIRGINIA

 COAL SURFACE MINING RECLAMATION FUND ADVISORY BOARD (§ 45.2-1051)

A. The Coal Surface Mining Reclamation Fund Advisory Board (the Advisory Board)
is established as an advisory board in the executive branch of state government.
The purpose of the Advisory Board is to formulate recommendations for the
Director concerning oversight of the general operation of the Fund.

B. The Advisory Board shall have a total membership of eight members that shall
consist of seven nonlegislative citizen members and one ex officio member.
Nonlegislative citizen members shall be appointed by the Governor and subject to
confirmation by the General Assembly as follows: at least four shall represent
the coal industry, one shall be a representative of the Director, and two shall
represent conservation interests and any other public or private interests as
are appropriate in accordance with Article V of the Interstate Mining Compact
(&#xA7; 45.2-201). The Director of the Division or his designee shall serve ex
officio with nonvoting privileges and shall serve as Secretary to the Advisory
Board. Nonlegislative citizen members of the Advisory Board shall be citizens of
the Commonwealth.

C. The ex officio member of the Advisory Board shall serve a term coincident
with his term of office. Appointments to fill vacancies, other than by
expiration of a term, shall be for the unexpired terms. Vacancies shall be
filled in the same manner as the original appointments.

D. The nonlegislative citizen members of the Advisory Board shall be appointed
for five-year staggered terms. No person shall serve more than two consecutive
terms. The remainder of any term to which a member is appointed to fill a
vacancy shall not constitute a term in determining the member&#8217;s
eligibility for reappointment.

E. The Advisory Board shall annually elect a chairman and vice-chairman from
among its membership and shall formulate rules for its organization and
procedure. A majority of the members shall constitute a quorum.

F. The nonlegislative citizen members of the Advisory Board shall serve without
compensation or reimbursement for expenses incurred in the performance of their
duties.

G. The Advisory Board shall meet not less than twice each year, with such
meetings held at the call of the chairman or whenever the majority of the
members so request.

H. The Advisory Board shall have the following powers and duties:

   1. Report biannually to the Director and the Governor on the status of the
   Fund; and

   2. Recommend to the Director regulations or changes to the Fund for the
   administration or operation of the Fund.

I. The Department shall provide staff support to the Advisory Board. All
agencies of the Commonwealth shall provide assistance to the Advisory Board,
upon request.

J. The Director may adopt the recommendations of the Advisory Board through
regulatory action from time to time in accordance with the provisions of this
chapter and otherwise in accordance with law.

K. The Advisory Board shall serve as the advisory body required by Article V of
the Interstate Mining Compact (&#xA7; 45.2-201).

HISTORY: 1982, c. 334, § 45.1-270.7; 1985, c. 448; 2018, c. 67; 2021, Sp. Sess.
I, c. 387.