SB 256: Authorizing DEP to promulgate legislative rules - West Virginia

sb256 hepw am _1 adopted.htm → sb256 hfat anderson 2-20 adopted adopted.htm · 3 edits

MINOR

The bill's title was updated to reflect a broader scope of authority for the Department of Environmental Protection, explicitly adding carbon dioxide sequestration fees and clarifying the inclusion of rules modified by the Legislative Rule-Making Review Committee. A previous amendment regarding evidence of fair market value was removed, while a new amendment was adopted. These changes ensure the bill accurately covers all intended regulatory areas, including new carbon fee schedules.

Scope change

The bill's scope was expanded to explicitly include the authority to promulgate rules regarding a carbon dioxide sequestration fee schedule and clarified the inclusion of rules modified by the Legislative Rule-Making Review Committee.

SCOPE

The bill title was rewritten to add 'carbon dioxide sequestration fee schedule' and clarify that rules modified by the Legislative Rule-Making Review Committee are authorized.

REQUIREMENT

A previous amendment requiring the inclusion of 'other relevant evidence of fair market value' in specific sections was deleted.

A new amendment was adopted to replace the old title with the updated, more comprehensive version.

Committee Substitute → sb256 hepw am _1 adopted.htm · 1 edit

MINOR

The Committee on Energy and Public Works amended the bill to add a specific requirement for evidence regarding fair market value in a section concerning carbon dioxide sequestration fees. This change mandates that, in addition to standard payment proof, other relevant evidence of fair market value requested by the Commission must be submitted.

Scope change

The amendment narrows the evidentiary requirements for a specific administrative process within the bill, adding a new condition for proving fair market value.

REQUIREMENT

Added a requirement to submit 'other relevant evidence of the fair market value requested by the Commission' alongside standard proof of payment.

Enrolled Committee Substitute → Committee Substitute · 3 edits

MINOR

The bill text was converted from a formal 'Enrolled Committee Substitute' format to a plain 'Committee Substitute' draft version. This change removes official certification signatures, page numbers, and legislative history notes, while adding website navigation links and a header indicating the bill was reported by the Judiciary Committee. The substantive legal provisions regarding the authorization of Department of Environmental Protection rules remain identical.

TECHNICAL

Removed official certification language, signatures from the Clerks, President of the Senate, and Speaker of the House, and page numbering.

Added website navigation menus, footer links, and a header indicating the bill was reported from the Committee on the Judiciary.

Changed the date in the header from 'Passed February 23, 2026' to 'Reported January 29, 2026, from the Committee on the Judiciary'.

Introduced Version → Enrolled Committee Substitute · 8 edits · Mar 2, 2026

MODERATE

The bill was expanded from a single rule authorizing emission limits during startup and shutdown to a comprehensive act authorizing the Department of Environmental Protection to promulgate rules on multiple environmental topics, including air quality, hazardous waste, water quality, and carbon dioxide sequestration fees. This significantly broadens the scope of the legislation to cover a wide range of environmental regulations previously handled separately or not explicitly authorized in this specific code section.

Scope change

The bill's scope expanded from a single specific emission rule to include authorization for rules covering ambient air quality, new stationary sources, solid waste combustion, hazardous waste facilities, hazardous air pollutants, cross-state air pollution, hazardous waste management systems, water quality standards, and carbon dioxide sequestration fees.

SCOPE

Added authorization for rules on ambient air quality standards, standards of performance for new stationary sources, and control of air pollution from combustion of solid waste.

Added authorization for rules controlling air pollution from hazardous waste treatment, storage, and disposal facilities.

Added authorization for rules setting emission standards for hazardous air pollutants.

Added authorization for a cross-state air pollution rule to control nitrogen oxides, sulfur dioxide, and ozone season emissions.

Added authorization for rules governing hazardous waste management systems.

Added authorization for rules governing water quality standards.

Added authorization for rules relating to a carbon dioxide sequestration fee schedule.

REQUIREMENT

Included specific amendments to existing rules regarding water quality standards and carbon dioxide sequestration fees, such as changing a numerical threshold and adding language about fair market value evidence.

Authorizing DEP to promulgate legislative rules

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