H. B. 3115
(By Delegate Guthrie)
[Introduced March 13, 2009; referred to the
Committee on Government Organization then the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §24A-5-6, relating to
requiring the Public Service Commission to promulgate rules
for secondary containment systems or tank top fitting
requirements for railroad tank cars carrying hazardous
materials.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §24A-5-6, to read as
follows:
ARTICLE 5. POWERS AND DUTIES OF COMMISSION.
§24A-5-6. Requiring commission to promulgate rules for secondary
containment systems or tank top fitting requirements
for railroad tank cars carrying hazardous materials.
The Public Service Commission, in consultation with the
director, and avoiding inconsistencies with and avoiding
duplication to the maximum extent practicable with rules required
to be promulgated pursuant to this article by the director or any
other rule-making authority, and in accordance with the provisions
of chapter twenty-nine-a of this code, shall promulgate rules
establishing, implementing and enforcing a secondary containment
system or required tank top fittings of railway tank cars that
transport of hazardous materials by railroad in this state. These
rules shall be consistent with applicable rules issued by the
Federal Department of Transportation and consistent with this
article: Provided, That these rules apply to the interstate
transportation of hazardous materials within the boundaries of this
state, as well as the intrastate transportation of such materials.
NOTE: The purpose of this bill is to require the Public
Service Commission to promulgate rules for secondary containment
systems or tank top fitting requirements for railroad tank cars
carrying hazardous materials
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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