Bill-Highways 157CSR7
H. B. 4165
(By Delegates Mahan, Wills, Cann, Kominar,
Faircloth and Riggs)
[Introduced January 25, 2002; referred to the
Committee on Roads and Transportation then the Judiciary.]

A BILL to amend and reenact section two, article eight, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the division of highways to promulgate a legislative rule relating to the transportation of hazardous wastes upon the roads and highways.

Be it enacted by the Legislature of West Virginia:
That section two, article eight, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:

ARTICLE 8. AUTHORIZATION FOR DEPARTMENT OF TRANSPORTATION TO PROMULGATE LEGISLATIVE RULES.

§64-8-2. Division of highways.
(a) The legislative rule filed in the state register on the twenty-eighth eighteenth day of August July, two thousand one, under the authority of section seven, article eighteen, chapter twenty-two of this code, relating to the division of highways (transportation of hazardous wastes upon the roads and highways, 157 CSR 7), is authorized.
(b) The legislative rule filed in the state register on the twenty-third day of August, two thousand, authorized under the authority of section eight, article two-a, chapter seventeen of this code, modified by the division of highways to meet the objections of the legislative rule-making review committee and refiled in the state register on the thirtieth day of October, two thousand, relating to the division of highways (use of state road rights-of-way and areas adjacent thereto, 157 CSR 6), is authorized, with the following amendment:
On page 10, subsection 3.8 after the words "Right of Way" by adding the words "dated July 1, 1995, and made a part of this rule".
(c) The legislative rule filed in the state register on the eighteenth day of August, two thousand, authorized under the authority of section four, article twenty-four, chapter seventeen of this code, modified by the division of highways to meet the objections of the legislative rule-making review committee and refiled in the state register on the thirtieth day of October, two thousand, relating to the division of highways (waste tire remediation/environmental clean-up, 157 CSR 8), is authorized.

NOTE: The purpose of this bill is to authorize the Division of Highways to promulgate a legislative rule relating to the Transportation of Hazardous Wastes upon the Roads and Highways.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.