Bill Text: WV SB329 | 2020 | Regular Session | Comm Sub
Bill Title: Authorizing DEP promulgate legislative rules
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-02-26 - Referred to Rules on 3rd reading [SB329 Detail]
Download: West_Virginia-2020-SB329-Comm_Sub.html
WEST virginia legislature
2020 regular session
Committee Substitute
for
Senate Bill 329
Senator Maynard, original sponsor
[Originating in the Committee on Judiciary; reported on February 21, 2020]
A BILL to amend and reenact §64-3-1 et seq. of the Code of West Virginia, 1931, as amended, relating generally to authorizing certain agencies of the Department of Environmental Protection to promulgate legislative rules; authorizing the rules as filed, as modified by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to ambient air quality standards; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to standards of performance for new stationary sources; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to control of air pollution from hazardous waste treatment, storage, and disposal facilities; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to emission standards for hazardous air pollutants; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to control of ozone season nitrogen oxides emissions; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to West Virginia surface mining reclamation rule; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to groundwater protection rules for coal mining operations; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to hazardous waste management system; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to voluntary remediation and redevelopment rule; and authorizing the Oil and Gas Conservation Commission to promulgate a legislative rule relating to rules of the commission.
Be it enacted by the Legislature of West Virginia:
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 repairing the damage
compensating the owner in an amount not to exceed 120 percent of the
replacement cost 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.
