FLOOR BOOK MEMO                                         House Committee on the Judiciary

            S.B. 485                                                          

Prepared by: Robert Williams

            (3-05-2014)                                                    Phone: 304-325-3215

                                                                                    email: robert.williams@wvhouse.gov

BY: Senators Kirkendoll, Beach, D. Hall, Miller, Snyder, Barnes, Stollings and Plymale.

SHORT TITLE: Exempting DOH from certain permitting requirements of Natural Stream Preservation Act.

DATE INTRODUCED: February 4, 2014

CODE REFERENCE: Amends WVC §22-13-17

CHAIRMAN’S SUMMARY:

            This bill exempts the Division of Highways (DOH) from the permitting requirements of the Natural Stream Preservation Act (NSP Act) when it is working in a stream to repair or replace damaged bridges. The bill also provides that the exemption is subject to the condition that the work cannot materially change or impact the free-flowing characteristics of the stream and boats must be able to navigate the stream during the repair or replacement project.

            The NSP Act requires anyone who wants to conduct work in a stream to apply to the Department of Environmental for permission and to demonstrate that the work will not materially alter or affect the free-flowing characteristics of the stream and is necessary to prevent undue hardship.

            The DOH would still have to obtain a Section 404 permit (federal Clean Water Act) from the federal government, which provides stream protection similar to the NSP Act permit, to perform the bridge work. Thus, the bill effectively eliminates an unnecessary layer of bureaucracy.

MEMO ON AMENDMENT: No recommended amendment.

PRIOR COMMITTEE ACTION: The House Committee on Natural Resources recommended adoption, without amendment.

REFERENCE: House Committee on Natural Resources, then Judiciary.

TITLE: Ok.

FISCAL NOTE: No.

GOVERNMENT AGENCIES AFFECTED: DEP & DOH

EFFECTIVE DATE: 90 days

OTHER COMMITTEE REFERENCE AND/OR ACTION: RODP NR

COMMENTS: None