Email
WEST virginia legislature
2020 regular session
ENROLLED
Committee Substitute
for
House Bill 4217
Delegate Foster
[Passed March 3, 2020; in effect ninety days from passage.]
AN ACT to amend and reenact §64-3-1 et seq. of the Code of West Virginia, 1931, as amended, all relating generally to authorizing certain agencies of the Department of Environmental Protection to promulgate legislative rules; authorizing the rules as filed, as modified by the Legislative Rule-Making Review Committee, and as amended by the Legislature; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to ambient air quality standards; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to standards of performance for new stationary sources; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to control of air pollution from hazardous waste treatment, storage, and disposal facilities; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to emission standards for hazardous air pollutants; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to control of ozone season nitrogen oxides emissions; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to West Virginia surface mining reclamation rule; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to groundwater protection rules for coal mining operations; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to hazardous waste management system; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to voluntary remediation and redevelopment rule; and authorizing the Oil and Gas Conservation Commission to promulgate a legislative rule relating to rules of the commission.
Be it enacted by the Legislature of West Virginia:
ARTICLE 3. Authorization for Department of environmental protection to promulgate legislative rules.
§64-3-1. Department of Environmental Protection.
(c) The legislative rule filed in the State Register on July 19, 2019, authorized under the authority of §22-5-4 of this code, modified by the Department of Environmental Protection to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 2, 2019, relating to the Department of Environmental Protection (control of air pollution from hazardous waste treatment, storage and disposal facilities, 45 CSR 25), is authorized.
(d) The legislative rule filed in the State Register on July 19, 2019, authorized under the authority of §22-5-4 of this code, relating to the Department of Environmental Protection (emission standards for hazardous air pollutants, 45 CSR 34), is authorized.
(e) The legislative rule filed in the State Register on July 19, 2019, authorized under the authority of §22-5-4 of this code, relating to the Department of Environmental Protection (control of ozone season nitrogen oxides emissions, 45 CSR 40), is authorized.
(f) The legislative rule filed in the State Register on July 25, 2019, authorized under the authority of §22-3-4 of this code, relating to the Department of Environmental Protection (West Virginia surface mining reclamation rule, 38 CSR 02), is authorized with the amendments set forth below:
On page 183, subdivision 16.2.c.2, by striking out subdivision 16.2.c.2 in its entirety and inserting in lieu thereof an amended subdivision 16.2.c.2 to read as follows:
“16.2.c.2. At the owner’s election, either correct material damage resulting from subsidence caused to any structures or facilities by compensating the owner in the amount of the cost to repair the damage, but not to exceed one hundred and twenty percent of the pre-mining value of the structure or facility, or compensate the owner of such structures or facilities in the full amount of the diminution in value resulting from the subsidence. Repair of damage includes rehabilitation, restoration, or replacement of damaged structures or facilities. Compensation may also be accomplished by the purchase prior to mining of a non-cancelable premium-prepaid insurance policy. The requirements of this paragraph only apply to subsidence related damage caused by underground mining activities conducted after October 24, 1992: Provided, That 16.2.c.2 does not create additional property rights nor may it be construed as vesting in the secretary the jurisdiction to adjudicate property rights disputes.”
And,
On page 120, subdivision 11.3.a.3, by striking out subdivision 11.3.a.3 and inserting in lieu thereof an amended subdivision 11.3.a.3 to read as follows:
“11.3.a.3. Any company that executes surety bonds in the State after July 1, 2001, must: (i) be recognized by the treasurer to the state as holding a current certificate of authority from the United States Department of the Treasury as an acceptable surety on federal bonds by being included on the Treasury Department’s listing of approved sureties (Department Circular 570); or (ii) submit proof to the secretary that it holds a valid license issued by the West Virginia Insurance Commissioner, and agree to submit to the secretary on at least a quarterly basis a certificate of good standing from the West Virginia Insurance Commissioner and such other evidence from the insurance regulator of its domiciliary state, if other than West Virginia, demonstrating that it is also in good standing in that state: Provided, That those companies electing to execute bonds under the provisions of (i) above in this subdivision must diligently pursue application for listing, submit evidence on a semi-annual basis demonstrating that they are pursuing such listing, and within four (4) years, obtain a certificate of authority from the United States Department of the Treasury as an acceptable surety on federal bonds.”
(g) The legislative rule filed in the State Register on July 25, 2019, authorized under the authority of §22-12-5 of this code, relating to the Department of Environmental Protection (groundwater protection rules for coal mining operations, 38 CSR 02F), is authorized.
(h) The legislative rule filed in the State Register on July 25, 2019, authorized under the authority of §22-18-6 of this code, relating to the Department of Environmental Protection (hazardous waste management system, 33 CSR 20), is authorized.
(i) The legislative rule filed in the State Register on July 25, 2019, authorized under the authority of §22-22-3 of this code, relating to the Department of Environmental Protection (voluntary remediation and redevelopment rule, 60 CSR 03), is authorized.
§64-3-2. Oil and Gas Conservation Commission.
The legislative rule filed in the State Register on July 25, 2019, authorized under the authority of §22C-9-4 of this code, modified by the Oil and Gas Conservation Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on January 3, 2020, relating to the Oil and Gas Conservation Commission (rules of the commission, 39 CSR 01), is authorized.
The Joint Committee on Enrolled Bills hereby certifies that the foregoing bill is correctly enrolled.
...............................................................
Chairman, House Committee
...............................................................
Chairman, Senate Committee
Originating in the House.
In effect ninety days from passage.
...............................................................
Clerk of the House of Delegates
...............................................................
Clerk of the Senate
...............................................................
Speaker of the House of Delegates
...............................................................
President of the Senate
__________
The within ................................................... this the...........................................
day of ..........................................................................................................., 2020.
.............................................................
Governor
Webmaster | © 2024 West Virginia Legislature **
