{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/45.2-1051.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/45.2-1051.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/45.2-1051.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/45.2-1051.html"}],"law_id":364008,"edition_id":2,"section_id":364008,"structure_id":51938,"section_number":"45.2-1051","catch_line":" Coal Surface Mining Reclamation Fund Advisory Board","history":"1982, c. 334, \u00a7 45.1-270.7; 1985, c. 448; 2018, c. 67; 2021, Sp. Sess. I, c. 387.","full_text":"A\n\nThe 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.\n\nB\n\nThe 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 (§ 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.\n\nC\n\nThe 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.\n\nD\n\nThe 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’s eligibility for reappointment.\n\nE\n\nThe 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.\n\nF\n\nThe nonlegislative citizen members of the Advisory Board shall serve without compensation or reimbursement for expenses incurred in the performance of their duties.\n\nG\n\nThe 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.\n\nH\n\nThe Advisory Board shall have the following powers and duties:\n\n1\n\nReport biannually to the Director and the Governor on the status of the Fund; and\n\n2\n\nRecommend to the Director regulations or changes to the Fund for the administration or operation of the Fund.\n\nI\n\nThe Department shall provide staff support to the Advisory Board. All agencies of the Commonwealth shall provide assistance to the Advisory Board, upon request.\n\nJ\n\nThe 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.\n\nK\n\nThe Advisory Board shall serve as the advisory body required by Article V of the Interstate Mining Compact (§ 45.2-201).\n\n","order_by":null,"text":{"0":{"id":1355854,"text":"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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1355855,"text":"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 (§ 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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":1355856,"text":"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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":1355857,"text":"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’s eligibility for reappointment.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":1355858,"text":"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.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":1355859,"text":"The nonlegislative citizen members of the Advisory Board shall serve without compensation or reimbursement for expenses incurred in the performance of their duties.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":1355860,"text":"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.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":1355861,"text":"The Advisory Board shall have the following powers and duties:","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"H1"},"8":{"id":1355862,"text":"Report biannually to the Director and the Governor on the status of the Fund; and","type":"section","prefixes":["H","1"],"prefix":"1","entire_prefix":"H1","prefix_anchor":"H1","level":2,"prior_prefix":"H","next_prefix":"H2"},"9":{"id":1355863,"text":"Recommend to the Director regulations or changes to the Fund for the administration or operation of the Fund.","type":"section","prefixes":["H","2"],"prefix":"2","entire_prefix":"H2","prefix_anchor":"H2","level":2,"prior_prefix":"H1","next_prefix":"I"},"10":{"id":1355864,"text":"The Department shall provide staff support to the Advisory Board. All agencies of the Commonwealth shall provide assistance to the Advisory Board, upon request.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H2","next_prefix":"J"},"11":{"id":1355865,"text":"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.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"12":{"id":1355866,"text":"The Advisory Board shall serve as the advisory body required by Article V of the Interstate Mining Compact (§ 45.2-201).","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J"}},"ancestry":[{"id":51938,"edition_id":2,"name":"Coal Surface Mining Reclamation Fund","identifier":"5","label":"article","depth":5,"order_by":5,"parent_id":51933,"metadata":{"child_laws":9,"child_structures":0},"date_created":"2026-08-02 02:51:23","date_modified":"2026-08-02 12:33:54","permalink":{"id":1450885,"object_type":"structure","relational_id":51938,"identifier":"5","token":"45.2\/II\/C\/10\/5","url":"\/45.2\/II\/C\/10\/5\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51933,"edition_id":2,"name":"Virginia Coal Surface Mining Control and Reclamation Act of 1979","identifier":"10","label":"chapter","depth":4,"order_by":2,"parent_id":51932,"metadata":{"child_laws":53,"child_structures":5},"date_created":"2026-08-02 02:51:17","date_modified":"2026-08-02 12:33:53","permalink":{"id":1450699,"object_type":"structure","relational_id":51933,"identifier":"10","token":"45.2\/II\/C\/10","url":"\/45.2\/II\/C\/10\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51932,"edition_id":2,"name":"Surface Coal Mines","identifier":"C","label":"part","depth":3,"order_by":3,"parent_id":51931,"metadata":{"child_laws":93,"child_structures":20},"date_created":"2026-08-02 02:51:17","date_modified":"2026-08-02 12:33:51","permalink":{"id":1450697,"object_type":"structure","relational_id":51932,"identifier":"C","token":"45.2\/II\/C","url":"\/45.2\/II\/C\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51931,"edition_id":2,"name":"Coal Mining","identifier":"II","label":"subtitle","depth":2,"order_by":2,"parent_id":51927,"metadata":{"child_laws":337,"child_structures":56},"date_created":"2026-08-02 02:51:17","date_modified":"2026-08-02 12:33:33","permalink":{"id":1449649,"object_type":"structure","relational_id":51931,"identifier":"II","token":"45.2\/II","url":"\/45.2\/II\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51927,"edition_id":2,"name":"Mines, Minerals, and Energy","identifier":"45.2","label":"title","depth":1,"order_by":99,"parent_id":null,"metadata":{"child_laws":627,"child_structures":120},"date_created":"2026-08-02 02:51:17","date_modified":"2026-08-02 12:33:32","permalink":{"id":1449541,"object_type":"structure","relational_id":51927,"identifier":"45.2","token":"45.2","url":"\/45.2\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":363999,"structure_id":51938,"section_number":"45.2-1043","catch_line":" Coal Surface Mining Reclamation Fund","url":"\/45.2-1043\/","token":"45.2\/II\/C\/10\/5\/45.2-1043","metadata":false},{"id":364000,"structure_id":51938,"section_number":"45.2-1044","catch_line":" Participation in Fund","url":"\/45.2-1044\/","token":"45.2\/II\/C\/10\/5\/45.2-1044","metadata":false},{"id":364001,"structure_id":51938,"section_number":"45.2-1045","catch_line":" Initial payments into Fund; renewal payments; bonds","url":"\/45.2-1045\/","token":"45.2\/II\/C\/10\/5\/45.2-1045","metadata":false},{"id":364002,"structure_id":51938,"section_number":"45.2-1046","catch_line":" Assessment of reclamation tax revenues for Fund","url":"\/45.2-1046\/","token":"45.2\/II\/C\/10\/5\/45.2-1046","metadata":false},{"id":364003,"structure_id":51938,"section_number":"45.2-1047","catch_line":" Special assessment","url":"\/45.2-1047\/","token":"45.2\/II\/C\/10\/5\/45.2-1047","metadata":false},{"id":364004,"structure_id":51938,"section_number":"45.2-1048","catch_line":" Collection of reclamation tax and penalties for nonpayment","url":"\/45.2-1048\/","token":"45.2\/II\/C\/10\/5\/45.2-1048","metadata":false},{"id":364005,"structure_id":51938,"section_number":"45.2-1049","catch_line":" Forfeiture of bonds on operations participating in the Fund; alternative remedies","url":"\/45.2-1049\/","token":"45.2\/II\/C\/10\/5\/45.2-1049","metadata":false},{"id":364007,"structure_id":51938,"section_number":"45.2-1050","catch_line":" Reinstatement to the Fund; recovery of Fund expenditures","url":"\/45.2-1050\/","token":"45.2\/II\/C\/10\/5\/45.2-1050","metadata":false},{"id":364008,"structure_id":51938,"section_number":"45.2-1051","catch_line":" Coal Surface Mining Reclamation Fund Advisory Board","url":"\/45.2-1051\/","token":"45.2\/II\/C\/10\/5\/45.2-1051","metadata":false}],"previous_section":{"id":364007,"structure_id":51938,"section_number":"45.2-1050","catch_line":" Reinstatement to the Fund; recovery of Fund expenditures","url":"\/45.2-1050\/","token":"45.2\/II\/C\/10\/5\/45.2-1050","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/45.2-1051\/","history_text":"

This law was first created in 1982. The record of its establishment is cataloged in chapter 334 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1982 \u201cActs\u201d aren\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1985, chapter 448; in 2018, chapter 67<\/a>.<\/p>","references":false,"refers_to":[{"id":364265,"section_number":"45.2-201","catch_line":"Interstate Mining Compact","order_by":null,"url":"\/45.2-201\/"}],"permalink":{"id":1450919,"object_type":"law","relational_id":364008,"identifier":"45.2-1051","token":"45.2\/II\/C\/10\/5\/45.2-1051","url":"\/45.2-1051\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/45.2-1051\/","token":"45.2\/II\/C\/10\/5\/45.2-1051","dublin_core":{"Title":" Coal Surface Mining Reclamation Fund Advisory Board","Type":"Text","Format":"text\/html","Identifier":"\u00a7 45.2-1051","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> 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<\/span> concerning oversight of the general operation of the Fund. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> 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<\/span>, 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 (§ 45.2-201<\/a>). The Director<\/span> of the Division<\/span> or his designee shall serve ex officio with nonvoting privileges<\/span> and shall serve as Secretary<\/span> to the Advisory Board. Nonlegislative citizen members of the Advisory Board shall be citizens of the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The nonlegislative citizen members of the Advisory Board shall be appointed for five-year staggered terms. No person<\/span> 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’s eligibility for reappointment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The nonlegislative citizen members of the Advisory Board shall serve without compensation or reimbursement for expenses incurred in the performance of their duties. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> The Advisory Board shall have the following powers and duties: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Report biannually to the Director<\/span> and the Governor on the status of the Fund; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Recommend to the Director<\/span> regulations or changes to the Fund for the administration or operation of the Fund. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> The Department<\/span> shall provide staff support to the Advisory Board. All agencies of the Commonwealth shall provide assistance to the Advisory Board, upon request. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> The Director<\/span> 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<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> The Advisory Board shall serve as the advisory body required by Article V of the Interstate Mining Compact (§ 45.2-201<\/a>). <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n COAL SURFACE MINING RECLAMATION FUND ADVISORY BOARD (\u00a7 45.2-1051)\n\nA. The Coal Surface Mining Reclamation Fund Advisory Board (the Advisory Board)\nis established as an advisory board in the executive branch of state government.\nThe purpose of the Advisory Board is to formulate recommendations for the\nDirector concerning oversight of the general operation of the Fund.\n\nB. The Advisory Board shall have a total membership of eight members that shall\nconsist of seven nonlegislative citizen members and one ex officio member.\nNonlegislative citizen members shall be appointed by the Governor and subject to\nconfirmation by the General Assembly as follows: at least four shall represent\nthe coal industry, one shall be a representative of the Director, and two shall\nrepresent conservation interests and any other public or private interests as\nare appropriate in accordance with Article V of the Interstate Mining Compact\n(§ 45.2-201). The Director of the Division or his designee shall serve ex\nofficio with nonvoting privileges and shall serve as Secretary to the Advisory\nBoard. Nonlegislative citizen members of the Advisory Board shall be citizens of\nthe Commonwealth.\n\nC. The ex officio member of the Advisory Board shall serve a term coincident\nwith his term of office. Appointments to fill vacancies, other than by\nexpiration of a term, shall be for the unexpired terms. Vacancies shall be\nfilled in the same manner as the original appointments.\n\nD. The nonlegislative citizen members of the Advisory Board shall be appointed\nfor five-year staggered terms. No person shall serve more than two consecutive\nterms. The remainder of any term to which a member is appointed to fill a\nvacancy shall not constitute a term in determining the member’s\neligibility for reappointment.\n\nE. The Advisory Board shall annually elect a chairman and vice-chairman from\namong its membership and shall formulate rules for its organization and\nprocedure. A majority of the members shall constitute a quorum.\n\nF. The nonlegislative citizen members of the Advisory Board shall serve without\ncompensation or reimbursement for expenses incurred in the performance of their\nduties.\n\nG. The Advisory Board shall meet not less than twice each year, with such\nmeetings held at the call of the chairman or whenever the majority of the\nmembers so request.\n\nH. The Advisory Board shall have the following powers and duties:\n\n 1. Report biannually to the Director and the Governor on the status of the\n Fund; and\n\n 2. Recommend to the Director regulations or changes to the Fund for the\n administration or operation of the Fund.\n\nI. The Department shall provide staff support to the Advisory Board. All\nagencies of the Commonwealth shall provide assistance to the Advisory Board,\nupon request.\n\nJ. The Director may adopt the recommendations of the Advisory Board through\nregulatory action from time to time in accordance with the provisions of this\nchapter and otherwise in accordance with law.\n\nK. The Advisory Board shall serve as the advisory body required by Article V of\nthe Interstate Mining Compact (§ 45.2-201).\n\nHISTORY: 1982, c. 334, \u00a7 45.1-270.7; 1985, c. 448; 2018, c. 67; 2021, Sp. Sess.\nI, c. 387.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}