Code of Virginia
Chapter 6 - Coal Mining Property, Interests, Adjacent Owners, and Dams
§ 45.2-611. Virginia Fuel Commission; purpose; membership; compensation; staff; powers and duties; report

A. The Virginia Fuel Commission (the Commission) may be established by the Governor as a supervisory commission in the executive branch of state government. The purpose of the Commission is to act for and on behalf of the Governor in the enforcement of the powers and duties set forth in this article.
B. The Commission shall have a total membership of three nonlegislative citizen members who are residents of the Commonwealth. Each member of the Commission shall be appointed to serve at the pleasure of the Governor, and any vacancy shall be filled in the same manner as the original appointment. One member of the Commission shall be designated by the Governor as chairman. A majority of the members shall constitute a quorum. The meetings of the Commission shall be held at the call of the Governor or the chairman.
C. Members shall receive such compensation for the performance of their duties as fixed by the Governor. Funding for the costs of compensation and expenses of the members shall be provided by the Department.
D. The Department shall provide staff support to the Commission. All agencies of the Commonwealth shall provide assistance to the Commission, upon request.
E. The Commission, subject to the approval of the Governor, shall have, in addition to the powers and duties incident to this article that the Governor delegates to it, the power and duty to:
1. Adopt such regulations and issue such orders as are, in the judgment of the Commission, necessary to accomplish in full the purposes of this article. Such regulations and orders shall have the force and effect of law, and the violation thereof is punishable as a Class 1 misdemeanor;
2. Appoint and employ such officers and personnel as are, in its judgment, required to carry out the provisions of this article; remove, in its discretion, any and all persons serving thereunder; and fix, subject to approval by the Governor, the remuneration of all such officers and other personnel. Such personnel shall work subject to such safety provisions as are in force on the property at the time of acquisition;
3. Acquire under the power of eminent domain, or by purchase, lease, or otherwise, all of the property of any person used in the business of the mining, production, or marketing of coal, including all lands, tipples, mines, ores, rights-of-way, leaseholds, and every character and type of equipment deemed by the Commission necessary or incidental to the continuous mining and production of coal;
4. Operate, manage, and control any property so acquired; purchase coal, coke, or other fuel and sell such fuel, either at retail or at wholesale; enter into contracts; allocate and provide for the distribution of coal and other fuels so as to ensure a distribution deemed most likely to promote the health, safety, and welfare of the people of the Commonwealth; and do any and all things necessary and incidental to the mining, production, or marketing of coal; and
5. In any year in which the Commission meets, submit an annual report to the Governor and the General Assembly for publication as a report document as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports. In any year in which the Commission meets, the chairman shall submit to the Governor and the General Assembly an annual executive summary of the interim activity and work of the Commission no later than the first day of the next regular session of the General Assembly. The executive summary shall be submitted as a report document 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.
Code 1950, §§ 45-149, 45-156; 1950, pp. 30, 33; 1966, c. 594, §§ 45.1-149, 45.1-156; 1994, c. 28, §§ 45.1-161.316, 45.1-161.317; 2021, Sp. Sess. I, c. 387.

Structure Code of Virginia

Code of Virginia

Title 45.2 - Mines, Minerals, and Energy

Chapter 6 - Coal Mining Property, Interests, Adjacent Owners, and Dams

§ 45.2-600. Consent required before working mine near land of another

§ 45.2-601. Adjacent owner to be permitted to survey mine; proceedings to compel entry for survey

§ 45.2-602. Petition to establish a trust for missing coal owners

§ 45.2-603. Advertisement upon filing of petition

§ 45.2-604. Court may declare trust; trustee sale of lease

§ 45.2-605. Duty of trustee; sale of lease; distribution of funds

§ 45.2-606. Payment of attorney fees, expenses, and court costs

§ 45.2-607. Production of coal by majority interest owner; petition to establish trust for known coal owners

§ 45.2-608. "Public uses" defined; mining, etc., of coal essential business; subject to seizure by Commonwealth

§ 45.2-609. Interruption of public uses; proclamation of emergency; seizure

§ 45.2-610. Additional powers of Governor to operate seized properties

§ 45.2-611. Virginia Fuel Commission; purpose; membership; compensation; staff; powers and duties; report

§ 45.2-612. Negotiating purchase or lease of coal properties

§ 45.2-613. Proceedings for condemnation

§ 45.2-614. Expense of acquiring and operating coal property; funds derived from operation

§ 45.2-615. Restoration of property to owner or operator

§ 45.2-616. Article subject to provisions of general law

§ 45.2-617. Definitions

§ 45.2-618. Design and construction of retaining dam or mine refuse impoundment; designs and other data to be submitted to Chief

§ 45.2-619. Examination of retaining dam or mine refuse impoundment; potentially hazardous condition; plans to be submitted by operators

§ 45.2-620. Emergency notification and evacuation plan