DEP, Mining 38csr2
Senate Bill No. 321

(By Senators Minard, Fanning, Prezioso,

Unger, Boley and Minear)

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[Introduced February 25, 2005; 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 West Virginia 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 BUREAU OF ENVIRONMENT TO PROMULGATE LEGISLATIVE RULES.

§64-3-1. Department of Environmental Protection.
The legislative rule filed in the state register on the twenty-seventh day of August, two thousand four, under the authority of section four, article three-a, chapter twenty-two, of this code, relating to the Department of Environmental Protection (West Virginia surface mining reclamation, 38 CSR 2), is authorized.

NOTE: The purpose of this bill is to authorize the Department of Environmental Protection to promulgate a legislative rule relating to West Virginia Surface Mining Reclamation.

This section is new; therefore, strike-throughs and underscoring have been omitted.