Bill-DEP, 38csr2
H. B. 4191

(By Delegates Mahan, R. Thompson, Cann,
Kominar, Armstead and Faircloth)

[Introduced January 30, 2004; referred to
the Committee on the Judiciary
.]

A BILL to amend and reenact article 3, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the division 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.