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2000 SESSION
008255210Be it enacted by the General Assembly of Virginia:
1. That §§ 2.1-1.6 as it is currently effective and as it may become effective and 9-6.25:3 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding in Chapter 11 of Title 23, an article numbered 2.01:1, consisting of sections number 23-135.7:7.1 through 23.135.7:7.8, as follows:
§ 2.1-1.6. State boards.
A. There shall be, in addition to such others as may be established by law, the following permanent collegial bodies affiliated with a state agency within the executive branch:
Accountancy, Board of
Agriculture and Consumer Services, Board of
Air Pollution, State Advisory Board on
Alcoholic Beverage Control Board, Virginia
Apple Board, Virginia State
Appomattox State Scenic River Advisory Board
Aquaculture Advisory Board
Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects, Board for
Art and Architectural Review Board
Athletic Training, Advisory Board on
Auctioneers Board
Audiology and Speech-Language Pathology, Board of
Aviation Board, Virginia
Barbers, Board for
Branch Pilots, Board for
Bright Flue-Cured Tobacco Board, Virginia
Building Code Technical Review Board, State
Catoctin Creek State Scenic River Advisory Board
Cattle Industry Board, Virginia
Cave Board
Cemetery Board
Certified Seed Board, State
Charity Food Assistance Advisory Board
Chesapeake Bay Local Assistance Board
Chickahominy State Scenic River Advisory Board
Child Abuse and Neglect, Advisory Board on
Chippokes Plantation Farm Foundation, Board of Trustees
Clinch Scenic River Advisory Board
Coal Mining Examiners, Board of
Coal Research and Development Advisory Board, Virginia
Coal Surface Mining Reclamation Fund Advisory Board
Conservation and Development of Public Beaches, Board on
Conservation and Recreation, Board of
Contractors, Board for
Corn Board, Virginia
Correctional Education, Board of
Corrections, State Board of
Cosmetology, Board for
Criminal Justice Services Board
Dark-Fired Tobacco Board, Virginia
Deaf and Hard-of-Hearing, Advisory Board for the Department for the
Dentistry, Board of
Design-Build/Construction Management Review Board
Education, State Board of
Egg Board, Virginia
Emergency Medical Services Advisory Board, State
Farmers Market Board, Virginia
Fire Services Board, Virginia
Forestry, Board of
Funeral Directors and Embalmers, Board of
Game and Inland Fisheries, Board of
Geology, Board for
Goose Creek Scenic River Advisory Board
Health Planning Board, Virginia
Health Professions, Board of
Health, State Board of
Hearing Aid Specialists, Board for
Hemophilia Advisory Board
Historic Resources, Board of
Housing and Community Development, Board of
Irish Potato Board, Virginia
Juvenile Justice, State Board of
Licensed Professional Counselors, Marriage and Family Therapists, and Substance Abuse Treatment Professionals, Board of
Litter Control and Recycling Fund Advisory Board
Marine Products Board, Virginia
Medical Advisory Board, Department of Motor Vehicles
Medicare and Medicaid, Advisory Board on
Medicine, Board of
Mental Health, Mental Retardation and Substance Abuse Services Board, State
Migrant and Seasonal Farmworkers Board
Military Affairs, Board of
Mineral Mining Examiners, Board of
Minority Business Enterprise, Interdepartmental Board of the Department of
Networking Users Advisory Board, State
Neurotrauma Initiative Advisory Board, Commonwealth
North Meherrin State Scenic River Advisory Board
Nottoway State Scenic River Advisory Board
Nursing, Board of
Nursing Home Administrators, Board of
Occupational Therapy, Advisory Board of
Oil and Gas Conservation Board, Virginia
Opticians, Board for
Optometry, Board of
Peanut Board, Virginia
Personnel Advisory Board
Pesticide Control Board
Pharmacy, Board of
Physical Therapy to the Board of Medicine, Advisory Board on
Plant Pollination Advisory Board
Polygraph Examiners Advisory Board
Pork Industry Board, Virginia
Poultry Products Board, Virginia
Private College Advisory Board
Private Security Services Advisory Board
Professional and Occupational Regulation, Board for
Professional Soil Scientists, Board for
Psychiatric Advisory Board
Psychology, Board of
Public Broadcasting Board, Virginia
Public Buildings Board, Virginia
Public Guardian and Conservator Advisory Board
Radiation Advisory Board
Real Estate Appraiser Board
Real Estate Board
Reciprocity Board, Department of Motor Vehicles
Recreational Fishing Advisory Board, Virginia
Reforestation Board
Rehabilitation Providers, Advisory Board on
Rehabilitative Services, Board of
Respiratory Care, Advisory Board on
Rockfish State Scenic River Advisory Board
Safety and Health Codes Board
Seed Potato Board, State
Sewage Handling and Disposal Appeal Review Board, State Health Department
Shenandoah State Scenic River Advisory Board
Small Business Advisory Board
Small Business Environmental Compliance Advisory Board
Small Grains Board, Virginia
Social Services, Board of
Social Work, Board of
Soil and Water Conservation Board, Virginia
Soybean Board, Virginia
State Air Pollution Control Board
Substance Abuse Certification Board
Surface Mining Review, Board of
Sweet Potato Board, Virginia
T & M Vehicle Dealers' Advisory Board
Teacher Education and Licensure, Advisory Board on
Transportation Board, Commonwealth
Transportation Safety, Board of
Treasury Board, The, Department of the Treasury
Veterans' Affairs, Board on
Veterinary Medicine, Board of
Virginia Board for Asbestos and Lead
Virginia Coal Mine Safety Board
Virginia Correctional Enterprises Advisory Board
Virginia Cotton Board
Virginia Employment Commission, State Advisory Board for the
Virginia Geographic Information Network Advisory Board
Virginia Horse Industry Board
Virginia Manufactured Housing Board
Virginia Propane Education and Research Board
Virginia Retirement System, Board of Trustees
Virginia Schools for the Deaf and the Blind, Advisory Commission on the
Virginia Sheep Industry Board
Virginia Veterans Cemetery Board
Virginia Waste Management Board
Visually Handicapped, Virginia Board for the
Voluntary Formulary Board, Virginia
War Memorial Foundation, Virginia, Board of Trustees
Waste Management Facility Operators, Board for
Water Resources Research Center Statewide Advisory Board, Virginia
Waterworks and Wastewater Works Operators, Board for
Well Review Board, Virginia.
B. Notwithstanding the definition for "board" as provided in § 2.1-1.2, the following entities shall be referred to as boards:
Compensation Board
State Board of Elections
State Water Control Board
Virginia Parole Board
Virginia Veterans Care Center Board of Trustees.
§ 2.1-1.6. (Delayed effective date) State boards.
A. There shall be, in addition to such others as may be established by law, the following permanent collegial bodies affiliated with a state agency within the executive branch:
Accountancy, Board of
Agriculture and Consumer Services, Board of
Air Pollution, State Advisory Board on
Alcoholic Beverage Control Board, Virginia
Apple Board, Virginia State
Appomattox State Scenic River Advisory Board
Aquaculture Advisory Board
Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects, Board for
Art and Architectural Review Board
Athletic Training, Advisory Board on
Auctioneers Board
Audiology and Speech-Language Pathology, Board of
Aviation Board, Virginia
Barbers, Board for
Branch Pilots, Board for
Bright Flue-Cured Tobacco Board, Virginia
Building Code Technical Review Board, State
Catoctin Creek State Scenic River Advisory Board
Cattle Industry Board, Virginia
Cave Board
Cemetery Board
Certified Seed Board, State
Charity Food Assistance Advisory Board
Chesapeake Bay Local Assistance Board
Chickahominy State Scenic River Advisory Board
Child Abuse and Neglect, Advisory Board on
Chippokes Plantation Farm Foundation, Board of Trustees
Clinch Scenic River Advisory Board
Coal Mining Examiners, Board of
Coal Research and Development Advisory Board, Virginia
Coal Surface Mining Reclamation Fund Advisory Board
Conservation and Development of Public Beaches, Board on
Conservation and Recreation, Board of
Contractors, Board for
Corn Board, Virginia
Correctional Education, Board of
Corrections, State Board of
Cosmetology, Board for
Criminal Justice Services Board
Dark-Fired Tobacco Board, Virginia
Deaf and Hard-of-Hearing, Advisory Board for the Department for the
Dentistry, Board of
Design-Build/Construction Management Review Board
Education, State Board of
Egg Board, Virginia
Emergency Medical Services Advisory Board, State
Farmers Market Board, Virginia
Fire Services Board, Virginia
Forestry, Board of
Funeral Directors and Embalmers, Board of
Game and Inland Fisheries, Board of
Geology, Board for
Goose Creek Scenic River Advisory Board
Health Planning Board, Virginia
Health Professions, Board of
Health, State Board of
Hearing Aid Specialists, Board for
Hemophilia Advisory Board
Historic Resources, Board of
Housing and Community Development, Board of
Irish Potato Board, Virginia
Juvenile Justice, State Board of
Licensed Professional Counselors, Marriage and Family Therapists, and Substance Abuse Treatment Professionals, Board of
Litter Control and Recycling Fund Advisory Board
Marine Products Board, Virginia
Medical Advisory Board, Department of Motor Vehicles
Medicare and Medicaid, Advisory Board on
Medicine, Board of
Mental Health, Mental Retardation and Substance Abuse Services Board, State
Migrant and Seasonal Farmworkers Board
Military Affairs, Board of
Mineral Mining Examiners, Board of
Minority Business Enterprise, Interdepartmental Board of the Department of
Networking Users Advisory Board, State
Neurotrauma Initiative Advisory Board, Commonwealth
North Meherrin State Scenic River Advisory Board
Nottoway State Scenic River Advisory Board
Nursing, Board of
Nursing Home Administrators, Board of
Occupational Therapy, Advisory Board of
Oil and Gas Conservation Board, Virginia
Opticians, Board for
Optometry, Board of
Peanut Board, Virginia
Personnel Advisory Board
Pesticide Control Board
Pharmacy, Board of
Physical Therapy to the Board of Medicine, Advisory Board on
Plant Pollination Advisory Board
Polygraph Examiners Advisory Board
Pork Industry Board, Virginia
Poultry Products Board, Virginia
Private College Advisory Board
Private Security Services Advisory Board
Professional and Occupational Regulation, Board for
Professional Soil Scientists, Board for
Psychiatric Advisory Board
Psychology, Board of
Public Broadcasting Board, Virginia
Public Buildings Board, Virginia
Public Guardian and Conservator Advisory Board
Radiation Advisory Board
Real Estate Appraiser Board
Real Estate Board
Reciprocity Board, Department of Motor Vehicles
Recreational Fishing Advisory Board, Virginia
Reforestation Board
Rehabilitation Providers, Advisory Board on
Rehabilitative Services, Board of
Respiratory Care, Advisory Board on
Rockfish State Scenic River Advisory Board
Safety and Health Codes Board
Seed Potato Board, State
Sewage Handling and Disposal Appeal Review Board, State Health Department
Shenandoah State Scenic River Advisory Board
Small Business Advisory Board
Small Business Environmental Compliance Advisory Board
Small Grains Board, Virginia
Social Services, Board of
Social Work, Board of
Soil and Water Conservation Board, Virginia
Soybean Board, Virginia
State Air Pollution Control Board
Substance Abuse Certification Board
Surface Mining Review, Board of
Sweet Potato Board, Virginia
T & M Vehicle Dealers' Advisory Board
Teacher Education and Licensure, Advisory Board on
Transportation Board, Commonwealth
Transportation Safety, Board of
Treasury Board, The, Department of the Treasury
Veterans' Affairs, Board on
Veterinary Medicine, Board of
Virginia Board for Asbestos and Lead
Virginia Coal Mine Safety Board
Virginia Correctional Enterprises Advisory Board
Virginia Cotton Board
Virginia Employment Commission, State Advisory Board for the
Virginia Geographic Information Network Advisory Board
Virginia Horse Industry Board
Virginia Manufactured Housing Board
Virginia Propane Education and Research Board
Virginia Retirement System, Board of Trustees
Virginia Schools for the Deaf and the Blind, Advisory Commission on the
Virginia Sheep Industry Board
Virginia Veterans Cemetery Board
Virginia Waste Management Board
Visually Handicapped, Virginia Board for the
Voluntary Formulary Board, Virginia
Volunteer Firefighters' and Rescue Squad Workers' Pension Fund Board
War Memorial Foundation, Virginia, Board of Trustees
Waste Management Facility Operators, Board for
Water Resources Research Center Statewide Advisory Board, Virginia
Waterworks and Wastewater Works Operators, Board for
Well Review Board, Virginia.
B. Notwithstanding the definition for "board" as provided in § 2.1-1.2, the following entities shall be referred to as boards:
Compensation Board
State Board of Elections
State Water Control Board
Virginia Parole Board
Virginia Veterans Care Center Board of Trustees.
§ 9-6.25:3. Supervisory boards, commissions, and councils.
There shall be, in addition to such others as may be designated in accordance with § 9-6.25, the following supervisory boards, commissions, and councils:
Alcoholic Beverage Control Board
Board for Branch Pilots
Board of Commissioners, Virginia Port Authority
Board of Game and Inland Fisheries
Board of Regents, Gunston Hall Plantation
Board of Regents, James Monroe Memorial Law Office and Library
Board of Trustees, Chippokes Plantation Farm Foundation
Board of Trustees, Frontier Culture Museum of Virginia
Board of Trustees, Jamestown-Yorktown Foundation
Board of Trustees, The Science Museum of Virginia
Board of Trustees, Virginia Museum of Fine Arts
Board of Trustees, Virginia Retirement System
Board of Trustees, Virginia Veterans Care Center
Board of Trustees, Virginia War Memorial Foundation
Board of Visitors, Christopher Newport University
Board of Visitors, George Mason University
Board of Visitors, James Madison University
Board of Visitors, Longwood College
Board of Visitors, Mary Washington College
Board of Visitors, Norfolk State University
Board of Visitors, Old Dominion University
Board of Visitors, Radford University
Board of Visitors, The College of William and Mary in Virginia
Board of Visitors, University of Virginia
Board of Visitors, Virginia Commonwealth University
Board of Visitors, Virginia Military Institute
Board of Visitors, Virginia Polytechnic Institute and State University
Board of Visitors, Virginia State University
Charitable Gaming Commission
Commonwealth's Attorneys' Services Council
Compensation Board
Governing Board, Virginia College Building Authority
Governing Board, Virginia Public School Authority
Motor Vehicle Dealer Board
State Board for Community Colleges, Virginia Community College System
State Board of Education
State Certified Seed Board
State Council of Higher Education for Virginia
Virginia Agricultural Council
Virginia Bright Flue-Cured Tobacco Board
Virginia Board for People with Disabilities
Virginia Cattle Industry Board
Virginia Corn Board
Virginia Cotton Board
Virginia Dark-Fired Tobacco Board
Virginia Egg Board
Virginia Horse Industry Board
Virginia Marine Products Board
Virginia Peanut Board
Virginia Pork Industry Board
Virginia Propane Education and Research Board
Virginia Soybean Board
Virginia State Apple Board
Virginia Sweet Potato Board.
§ 23-135.7:7.1. Short title; declaration of public policy.
A. This article shall be known as the "Virginia Propane Education and Research Act."
B. The General Assembly finds and declares that (i) propane is a vital source of energy for many citizens of the Common wealth, providing them with heat, hot water, cooking fuel and motor fuel, among its many uses, and (ii) educating members of the propane industry and consumers about the mechanical, technical and safety practices related to propane and providing for research about safe uses of propane will further the public interest and welfare by reducing accidents and improving safety.
§ 23-135.7:7.2. Definitions.
As used in this article, unless the context requires a different meaning:
"Board" means the Virginia Propane Education and Research Board created in this article.
"Center" means the Virginia Center for Coal and Energy Research created pursuant to § 23-135.7:1.
"Director" means the Executive Director of the Center for Coal and Energy Research.
"Education" means any action to provide information to consumers and members of the propane industry concerning the mechanical and technical practices relating to the safe use of propane. Education shall not include any activity related to marketing or image development of propane or promotion of the use of propane.
"Fund" means the Virginia Propane Education and Research Fund created in accordance with this article.
"Industry" means the production, transportation, and sale of propane, and the manufacture and distribution of propane utilization equipment.
"Producer" means the owner of propane at the time it is recovered at a gas processing plant or refinery, regardless of the state where production occurs.
"Propane" means a hydrocarbon whose chemical composition is predominately C3H8, whether recovered from natural gas or crude oil, and includes liquefied petroleum gases and mixtures thereof.
"Public member" means a member of the Board who represents significant users of propane, public safety officials, state regulatory officials, or other groups knowledgeable about propane.
"Qualified industry trade association" means the Virginia Propane Gas Association, the National Propane Gas Association, and any successor organization of those associations.
"Research" means any type of study, investigation or other activity designed to advance the efficiency or safety of propane or propane utilization equipment.
"Retail marketer" means a person who sells and delivers, or causes another to deliver, odorized propane to the ultimate consumer or to retail propane dispensers.
"Retail propane dispenser" means a person who sells odorized propane to the ultimate consumer but does not deliver it or cause it to be delivered.
"Supplier" means a person, other than a producer, who is engaged primarily in the sale of propane or odorized propane to retail marketers.
§ 23-135.7:7.3. Virginia Propane Education and Research Board established; purposes; duties and responsibilities.
A. The Board shall be responsible for education and research related to the safe uses of propane in Virginia. To accomplish this function, the Board may:
1. Develop programs and projects for implementing the provisions of this article, including, but not limited to, programs to enhance consumer and employee safety and training, and to provide for research into the safe uses of propane;
2. Elect a chairperson and whatever other officers may be necessary to direct the affairs of the Board, establish committees and subcommittees of the Board, as appropriate, and adopt rules for the conduct of business and the implementation of the provisions of this article;
3. Establish, administer, manage and make expenditures from the Virginia Propane Education and Research Fund;
4. Enter into contracts or agreements for goods or services necessary to carry out the purposes set forth in this article and to incur expenses necessary to carry out those purposes;
5. Cooperate with any private, local, state or national commission, committee, organization, agency or other entity and to make contracts and agreements for joint programs beneficial to the industry; and
6. Take any action necessary or convenient for the exercise of the powers granted in this article or reasonably implied from them.
B. The Board shall establish procedures for the solicitation of industry and consumer comment and recommendations on any significant programs or projects to be conducted by the Board. The Board may establish advisory committees of persons other than Board members.
C. The Board shall coordinate its activities with industry trade associations and others as appropriate to provide efficient delivery of services and to avoid unnecessary duplication of activities.
§ 23-135.7:7.4. Board membership; terms; quorum.
A. The Board shall consist of nine members. Five members shall represent retail marketers, with no more than two of these five members representing multi-state retail marketers that have more than five offices outside the Commonwealth. Three members shall represent producers, suppliers and persons who manufacture or sell propane utilization equipment. One member shall be a public member.
B. Board members representing retail marketers, producers, and suppliers shall be appointed by the Governor who may make such appointments from nominations submitted by qualified industry trade associations. Within sixty days after July 1, 2000, qualified industry trade organizations shall submit nominations to the Governor. Members in these categories shall be full-time employees or owners of businesses in the industry. No more than one representative from any company or its affiliate shall serve on the Board at any time. The public member of the Board shall be appointed by the Governor.
C. In appointing members to the Board, the Governor shall consider broad-based representation including:
1. Gas processors and oil refiners among producers;
2. Interstate and intrastate operators among retail marketers;
3. Large and small companies among producers, suppliers and retail marketers; and
4. Diverse geographic regions of the Commonwealth.
D. No employee of an industry trade association shall serve as a member of the Board and no member of the Board may serve concurrently as an officer or member of the board of directors of an industry trade association. A member of the board of directors of a qualified industry trade association may serve as an ex officio, non-voting member of the Board. The Director shall serve as an ex officio, non-voting member of the Board.
E. Board members shall serve two-year terms except that for initial appointments, three members shall be appointed to three-year terms, three members shall be appointed to two-year terms, and three members shall be appointed to one-year terms. No member shall serve more than two consecutive terms. Members filling unexpired terms may serve not more than a total of five consecutive years.
F. Five members shall constitute a quorum for the transaction of business.
G. Board members shall receive no compensation for their services but shall receive reimbursement for reasonable and necessary expenses in accordance with § 2.1-20.8.
§ 23-135.7:7.5. Virginia Propane Education and Research Fund created; purpose.
A. The Board shall establish, administer, manage and make expenditures from a special, nonreverting fund in the state treasury to be known as the Virginia Propane Education and Research Fund. The Board shall establish and administer the Fund solely for the purpose of carrying out the provisions of this article. No provision of this article shall be construed to give the Board the authority to expend funds for legislative or political activity, except that the Board may recommend to the Director or to other state agencies changes in this article or other statutes or regulations that would further the purposes of this article. No provision of this article shall be construed to give the Board the authority to expend funds for marketing or image development of propane or promotion of the use of propane. The Fund shall consist of appropriations to the Fund, donations from any person, and grants from local, state or federal agencies. The unexpended balance of the Fund at the end of the biennium shall not be transferred to the general fund of the state treasury.
B. The Auditor for Public Accounts shall audit all the accounts of the Board as provided in § 2.1-155.
C. All money collected pursuant to with this article shall be expended by the Board by warrants of the State Comptroller on vouchers signed by a duly authorized officer of the Board. The Board may delegate such signature authority to the Director.
§ 23-135.7:7.6. Propane pricing.
In all cases, the price of propane shall be determined by market forces. The Board may take no action, and no provision of this article may be interpreted as establishing an agreement to pass along to consumers the cost of the Board.
§ 23-135.7:7.7. Association meeting or activity not considered illegal or in restraint of trade.
No industry trade association meeting or activity undertaken to carry out the provisions of this article and intended to benefit all persons involved in the propane industry shall be deemed or considered illegal or in restraint of trade.
§ 23-135.7:7.8. Relationship to other programs.
Nothing in this article shall be construed to preempt or supercede any other program relating to propane education and research organized and operated under the laws of the Commonwealth or the United States.