West Virginia Legislature

2026 REGULAR SESSION

Introduced

Senate Bill 262

BY Senator Rucker

[Introduced January 15, 2026; referred

to the Committee on the Judiciary]

A BILL to amend and reenact §64-3-1 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to cross-state air pollution to control annual nitrogen oxides emissions, annual sulfur dioxide emissions, and ozone season nitrogen oxides emissions.

Be it enacted by the Legislature of West Virginia:

ARTICLE 3. Authorization for Department of environmental Portection to promulgate legislative rules.

§64-3-1. Department of Environmental Protection.

The legislative rule filed in the State Register on July 23, 2025, authorized under the authority of §22-5-4 of this code, relating to the Department of Environmental Protection (cross-state air pollution to control annual nitrogen oxides emissions, annual sulfur dioxide emissions, and ozone season nitrogen oxides emissions, 45 CSR 43), is authorized.

NOTE: The purpose of this bill is to authorize the Department of Environmental Protection to promulgate a legislative rule relating to cross-state air pollution to control annual nitrogen oxides emissions, annual sulfur dioxide emissions, and ozone season nitrogen oxides emissions.

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