Senate Bill No. 340

(By Senators Ross, Minard,

Snyder, Unger, Boley and Minear)

__________

[Introduced January 30, 2004; referred to the

Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.]

__________



A BILL to amend and reenact article 3, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the department of environmental protection to promulgate a legislative rule relating to the NOx budget trading program as a means of control and reduction of nitrogen oxides from nonelectric generating units.

Be it enacted by the Legislature of West Virginia:

That article 3, chapter 64 of the code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 3. AUTHORIZATION FOR DEPARTMENT OF ENVIRONMENT TO PROMULGATE LEGISLATIVE RULES.

§64-3-1. Division of environmental protection.
The legislative rule filed in the state register on the twenty-ninth day of July, two thousand three, authorized under the authority of section four, article five, chapter twenty-two, of this code, relating to the division of environmental protection (Nox budget trading program as a means of control and reduction of nitrogen oxides from non-electric generating units, 45 CSR 1), is authorized.

NOTE: The purpose of this bill is to authorize the Division of Environmental Protection to promulgate a legislative rule relating to the Nox Budget Trading Program as a Means of Control and Reduction of Nitrogen Oxides from Non-electric Generating Units.

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