H. B. 4605
(By Delegate McGeehan)
[Introduced
February 22, 2010
; referred to the
Committee on Energy, Industry and Labor, Economic Development and
Small Business then the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §22-1-18, relating to
establishing that the environmental regulation of business
activities performed within the state is not subject to
federal regulation; and providing exceptions.
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 §22-1-18, to read as
follows:
ARTICLE 1. DEPARTMENT OF ENVIRONMENTAL PROTECTION.
§22-1-l8. Environmental regulation by the Federal Government.
(a) The Legislature declares that the authority for this
section is as follows:
(1) The Tenth Amendment to the United States Constitution guarantees to the states and their people all powers not granted to
the Federal Government elsewhere in the Constitution and reserves
to the state and people of West Virginia certain powers as they
were understood at the time that West Virginia was admitted to
statehood in 1863. The guaranty of those powers is a matter of
contract between the state and people of West Virginia and the
United States at the time that the compact with the United States
was agreed upon and adopted by West Virginia and the United States
in 1863.
(2) The Ninth Amendment to the United States Constitution
guarantees to the people rights not granted in the Constitution and
reserves to the people of West Virginia certain rights as they were
understood at the time West Virginia was admitted as a state in
1863. The guaranty of those rights is a matter of contract between
the state and people of West Virginia and the United States as of
the time that the compact with the United States was agreed upon
and adopted by West Virginia and the United States in 1963.
(3) The regulation of intrastate commerce, including the
natural environment as affected by intrastate business, is vested
in the states under the Ninth and Tenth Amendments to the United
States Constitution.
(b) Therefore, all environmental regulation in West Virginia
for all purposes of regulating business activity performed in West
Virginia, especially when such services are held, maintained or
retained within West Virginia, shall not be subject to the authority of the United States
Congress under its Constitutional
power to regulate commerce. Any regulation or other action of the
Environmental Protection Agency in such instances shall not apply
to this state, except as otherwise prescribed by law. However, this
section does not relate to: (1) Any goods or services ordered,
procured, or purchased by the United States Government; or (2)
ordered, procured, or purchased by any contractor pursuant to any
agreement with the United States Government.
NOTE: The purpose of this bill is to establish that the
environmental regulation of business activities performed within
the state is not subject to federal regulation. The bill excepts
goods or services procured by the Federal Government or by one of
its contractors.
This section is new; therefore, it has been completely
underscored.