HB4217 S JUD AM #1
Graham 4841
The Committee on the Judiciary moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:
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 following amendments:
On page 120, subdivision 11.3.a.3, by striking out paragraph 11.3.a.3 and inserting in lieu thereof a new paragraph 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: Companies not included on
the United States Treasury Department’s listing of approved sureties Provided,
That those companies electing to execute bonds under the provisions of
subparagraph (i) of this paragraph 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.”
And,
On page 183, paragraph 16.2.c.2, by striking out paragraph 16.2.c.2 and inserting in lieu thereof a new paragraph 16.2.c.2 to read as follows:
“16.2.c.2. Either 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 repairing
the damage 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 this paragraph does not create additional
property rights nor may it be construed as vesting in the secretary the
jurisdiction to adjudicate property rights disputes. and”
(g) The legislative rule filed in the State Register on July 25, 2019, authorized under the authority of §22-12-6 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-9-5 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.
Adopted
Rejected