ENGROSSED

Senate Bill No. 474

(By Senator Felton)

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[Introduced March 22, 1993; referred to the Committee
on Natural Resources; and then to the Committee

on the Judiciary


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A BILL to amend article three, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section sixteen, relating to authorizing the division of environmental protection to promulgate legislative rules relating to West Virginia surface mining and reclamation.

Be it enacted by the Legislature of West Virginia:
That article three, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section sixteen, to read as follows:
ARTICLE 3. AUTHORIZATION FOR DEPARTMENT OF COMMERCE, LABOR AND ENVIRONMENTAL RESOURCES TO PROMULGATE LEGISLATIVE RULES.

§64-3-16. Division of environmental protection.

The legislative rules filed in the state register on the thirtieth day of October, one thousand nine hundred ninety-two,in accordance with subsection (b), section eleven-a, article three, chapter twenty-two-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the division of environmental protection (West Virginia surface mining and reclamation), are authorized.
with the amendments set forth below:
On page 219, subsection 38-2-14.15, (b), subparagraph (5), by striking out the words "thirty (30) percent" and inserting in lieu thereof the words "fifty (50) percent";
And,
On page 220, subsection 38-2-14.15, (b), subparagraph (6), subpart (iv), by striking out the words "semi-annually" and inserting in lieu thereof the word "annually".