Senate Bill No. 346
(By Senators Ross, Minard,
Snyder, Unger, Boley and Minear)
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[Introduced January 30, 2004; referred to the
Committee on
Energy, Industry and Mining; and then to the Committee on the
Judiciary.]
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A BILL to amend and reenact article 3, chapter 64 of the code of
West Virginia, 1931, as amended, relating to authorizing the
department of environmental protection to promulgate a
legislative rule relating to surface mining reclamation.
Be it enacted by the Legislature of West Virginia:
That article 3, chapter 64 of the code of West Virginia, 1931,
as amended, be amended and reenacted to read as follows:
ARTICLE 3. AUTHORIZATION FOR DEPARTMENT OF ENVIRONMENT TO
PROMULGATE LEGISLATIVE RULES.
§64-3-1. Division of environmental protection.
The legislative rule filed in the state register on the
thirty-first day of July, two thousand three, authorized under the
authority of section four, article three, chapter twenty-two, of
this code, modified by the division of environmental protection to meet the objections of the legislative rule-making review committee
and refiled in the state register on the sixteenth day of January,
two thousand four, relating to the division of environmental
protection (surface mining reclamation, 38 CSR 2), is authorized.
NOTE: The purpose of this bill is to authorize the Division of
Environmental Protection to promulgate a legislative rule relating
to Surface Mining Reclamation.
This section is new; therefore, strike-throughs and
underscoring have been omitted.