SB 823: Clarifying and separating duties between Division of Emergency Management and DEP - West Virginia

sb823 sfa rucker _1 3-25 adopted.htm → sb823 sfat rucker _1 3-26 adopted.htm · 3 edits

MINOR

The bill's title was significantly rewritten to clarify its purpose and scope, while a proposed amendment to create a new subsection (h) regarding fund deposits was removed. The revised title now explicitly states the bill's intent to separate duties between the Division of Emergency Management and the Department of Environmental Protection, clarifying which agency handles investigations versus penalties.

Scope change

The bill's scope was clarified to explicitly separate duties between two agencies: the Division of Emergency Management and the Department of Environmental Protection, specifying which agency handles investigations versus penalties.

SCOPE

The bill title was rewritten to clarify that the legislation separates duties between the Division of Emergency Management and the Department of Environmental Protection based on each agency's resources and expertise.

FISCAL

A proposed amendment requiring all collected moneys to be deposited in the Hazardous Waste Emergency Response Fund was removed from the bill.

ENFORCEMENT

The revised title clarifies that fines and penalties imposed on industrial facilities and well/pipeline operators will be implemented by the Department of Environmental Protection.

Committee Substitute → sb823 sfa rucker _1 3-25 adopted.htm · 1 edit

MINOR

The document shows a comparison between a Committee Substitute version of SB 823 and a later version that includes a new funding provision. The key substantive change is the addition of a new subsection (h) requiring all moneys collected under the bill to be deposited into the Hazardous Waste Emergency Response Fund, as established in §22-19-3. This change clarifies how enforcement funds will be managed and ensures they are available for emergency response purposes. The rest of the document appears to be formatting and markup artifacts from the legislative process rather than substantive policy changes.

FISCAL

Added new subsection (h) requiring all moneys collected under the bill to be deposited into the Hazardous Waste Emergency Response Fund established under §22-19-3 of the code.

Enrolled Committee Substitute → Committee Substitute · 7 edits

MODERATE

The bill transitions from a formal enrolled committee substitute to a draft committee substitute version of SB 823, which significantly restructures emergency response duties between West Virginia agencies. The new version clarifies that the Division of Homeland Security and Emergency Management handles notifications while the Department of Environmental Protection enforces penalties, and adds new sections for well and pipeline operator reporting requirements.

Scope change

The bill now explicitly covers both industrial facilities and well/pipeline operators, expanding the scope of entities subject to emergency reporting and penalty enforcement.

DEFINITION

Changed 'Director' definition from Division of Emergency Management to Division of Homeland Security and Emergency Management, indicating a broader agency restructuring.

REQUIREMENT

Added new Article 5C requiring well and pipeline operators to report incidents to the Division of Homeland Security and Emergency Management within 15 minutes.

Added new subsection (d) requiring industrial facilities to provide authorized access to public officials during emergency events.

ENFORCEMENT

Transferred penalty enforcement authority from Division of Emergency Management to Department of Environmental Protection for both industrial facilities and pipeline operators.

Added new subsection (e) establishing civil penalties up to $100,000 for industrial facility reporting failures and $2,500-$50,000 for pipeline operators.

FISCAL

Added requirement that penalty funds be deposited into the Hazardous Waste Emergency Response Fund.

TECHNICAL

Text contains numerous formatting inconsistencies, duplicate phrases, and apparent drafting errors that suggest this is a work-in-progress version rather than final legislation.

Engrossed Committee Substitute → Enrolled Committee Substitute · 6 edits · Apr 8, 2025

MODERATE

This bill clarifies responsibilities between the Division of Emergency Management and the Department of Environmental Protection regarding industrial facility emergencies. It shifts investigation and penalty enforcement duties from emergency management to environmental protection, adds new civil penalty provisions, and establishes a new reporting requirement for well and pipeline operators.

Scope change

The bill expands the scope to include well and pipeline operators under a new article (5C), while modifying the scope of Article 5B to focus on notification and access rather than investigation.

ENFORCEMENT

Transferred responsibility for investigating industrial facility emergency events and imposing civil penalties from the Division of Emergency Management to the Department of Environmental Protection.

Established civil penalties of up to $100,000 for industrial facilities failing to comply with reporting requirements, and penalties of $2,500-$50,000 for well and pipeline operators.

REQUIREMENT

Created new Article 5C requiring well and pipeline operators to report incidents to the Division of Emergency Management within 15 minutes, with penalties enforced by the Department of Environmental Protection.

Added new subsections requiring industrial facilities to provide authorized access to emergency officials and implement communication systems after initial notification.

FISCAL

Specified that all civil penalties collected must be deposited into the Hazardous Waste Emergency Response Fund.

DEFINITION

Clarified that 'Director' refers to the Division of Emergency Management while enforcement authority resides with the Department of Environmental Protection.

Introduced Version → Engrossed Committee Substitute · 4 edits · Mar 27, 2025

MODERATE

This bill amends West Virginia statutes to clarify responsibilities between the Division of Emergency Management and the Department of Environmental Protection regarding industrial facility emergencies. It delegates investigation duties to the Department of Environmental Protection and establishes specific civil penalties for non-compliance with reporting requirements.

Scope change

The bill maintains the same scope of industrial facilities and pipeline operators but clarifies which agency handles investigations and enforcement, shifting from the Division of Emergency Management to the Department of Environmental Protection.

ENFORCEMENT

Investigation duties for industrial facility emergency events were transferred from the Division of Homeland Security and Emergency Management to the Department of Environmental Protection.

New civil penalty provisions were added, allowing the Department of Environmental Protection to impose fines up to $100,000 for failure to report emergency events and $2,500-$50,000 for pipeline/well operators failing to report incidents.

REQUIREMENT

Added new requirements for industrial facilities to provide authorized access to public officials and implement communication systems for emergency responders.

New section added for well and pipeline operators requiring them to report incidents to the Division of Homeland Security and Emergency Management within 15 minutes.

Clarifying and separating duties between Division of Emergency Management and DEP

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