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2008 SESSION

087060352
SENATE BILL NO. 464
Offered January 9, 2008
Prefiled January 9, 2008
A BILL to amend the Code of Virginia by adding in Title 30 a chapter numbered 45, consisting of sections numbered 30-293 through 30-299, relating to the Virginia Commission on Energy.
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Patron-- Whipple
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Referred to Committee on Rules
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Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding in Title 30 a chapter numbered 45, consisting of sections numbered 30-293 through 30-299, as follows:

CHAPTER 45.
VIRGINIA COMMISSION ON ENERGY.

§ 30-293. Virginia Commission on Energy; purpose.

The Virginia Commission on Energy (the Commission) is established as a commission in the legislative branch of state government for the purposes of reviewing and recommending steps to implement the Virginia Energy Plan developed pursuant to Chapter 2 (§ 67-200 et seq.) of Title 67; promoting energy efficiency and energy conservation; securing reliable supplies of energy; promoting research and development in the field of alternative and renewable sources of energy; reviewing state building standards for energy efficiency; and recommending measures to secure Virginia's energy future.

§ 30-294. Membership; terms.

The Commission shall have a total membership of 15 members that shall consist of seven legislative members, four nonlegislative citizen members, and four ex officio members. Members shall be appointed as follows: four members of the House of Delegates, to be appointed by the Speaker of the House of Delegates in accordance with the principles of proportional representation contained in the Rules of the House of Delegates; three members of the Senate, to be appointed by the Senate Committee on Rules; two nonlegislative citizen members with expertise in energy issues, to be appointed by the Speaker of the House of Delegates; and two nonlegislative citizen members with expertise in energy issues, to be appointed by the Senate Committee on Rules. The Secretary of Agriculture and Forestry, the Secretary of Natural Resources, the Secretary of Transportation, and the Secretary of Education or their designees shall serve ex officio with voting privileges.  Nonlegislative citizen members of the Commission shall be citizens of the Commonwealth.

Legislative members and ex officio members of the Commission shall serve terms coincident with their terms of office. Nonlegislative citizen members of the Committee shall serve for terms of four years. Appointments to fill vacancies, other than by expiration of a term, shall be for the unexpired terms and shall be made in the same manner as the original appointment. Nonlegislative citizen members shall not be eligible to serve more than two consecutive four-year 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's eligibility for reappointment.

The Commission shall elect a chairman and vice-chairman from among its legislative membership.

§ 30-295. Quorum; meetings; voting on recommendations.

A majority of the members shall constitute a quorum. The Commission shall meet no more than four times each year. The meetings of the Commission shall be held at the call of the chairman or whenever the majority of the members so request.

No recommendation of the Commission shall be adopted if a majority of the Senate members or a majority of the House members appointed to the Commission (i) vote against the recommendation and (ii) vote for the recommendation to fail notwithstanding the majority vote of the Commission.

§ 30-296. Compensation; expenses.

Legislative members of the Commission shall receive such compensation as provided in § 30-19.12, and nonlegislative citizen members shall receive such compensation for the performance of their duties as provided in § 2.2-2813. All members shall be reimbursed for all reasonable and necessary expenses incurred in the performance of their duties as provided in §§ 2.2-2813 and 2.2-2825. Funding for the costs of compensation and expenses of the members shall be provided by the Commission from such funds as may be appropriated therefor.

§ 30-297. Powers and duties.

The Commission shall have the following powers and duties:

1. Undertake studies, gather information and data, and pursue such other activities as may be desirable to accomplish its purposes as set forth in § 30-293;

2. Make such special studies of and reports on measures to secure Virginia's energy future as it deems appropriate and as may be requested by the General Assembly; and

3. Report annually on its activities during the preceding year and include a discussion of studies made and recommendations for administrative or legislative action. The chairman shall submit to the General Assembly and the Governor an annual executive summary of the interim activity and work of the Commission no later than the first day of each regular session of the General Assembly. The executive summary shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website.

§ 30-298. Staffing.

The Commission may appoint and employ and, at its pleasure, remove an executive director and such other persons as it deems necessary to assist it in carrying out its duties as set forth in this chapter. The Commission may determine the duties of such staff and fix their salaries or compensation within the amounts as may be appropriated from general or nongeneral funds.

§ 30-299. State agencies to furnish information and assistance.

All agencies of the Commonwealth, their staff, and employees shall provide the Commission with necessary information for the performance of its duties.