H. B. 4217

(By Delegates Hunt, Linch, Compton, Jenkins,


Faircloth and Riggs)

[Introduced January 30, 1998; referred to the

Committee on the Judiciary.]





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 two, relating to authorizing the environmental quality board to promulgate a legislative rule relating to requirements governing water quality standards.

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 two, to read as follows:
ARTICLE 3. AUTHORIZATION FOR BUREAU OE ENVIRONMENT TO PROMULGATE LEGISLATIVE RULES
.

§64-3-2. Environmental quality board.

The legislative rule filed in the state register on the first day of August, one thousand nine hundred ninety-seven, authorized under the authority of section four, article three, chapter twenty-two-b, of this code, modified by the environmental quality board to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-second day of January, one thousand nine hundred ninety-eight, relating to the environmental quality board (requirements governing water quality standards, 46 CSR 1), is authorized with the amendments set forth below:
On page ten, Subsection 6.2 by striking out the words "This category includes streams on which the following are located:" and inserting in lieu thereof "This category consists of only those waters less than five miles upstream of one of the following surface water intakes:";
On page fourteen, Subdivision 7.2.b by striking out the words "trout waters nor";
On pages twenty and twenty-one, by striking out all of Subsection 8.5;
And,
By deleting Appendix F.

NOTE: The purpose of this bill is to authorize the Environmental Quality Board to promulgate a legislative rule relating to Requirements Governing Water Quality Standards.

This section is new; therefore, strike-throughs and underscoring have been omitted.