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Bill > HB3503
WV HB3503
WV HB3503Relating to regulation by counties, municipalities, and political subdivisions of commercial horticulture under the Water Pollution Control Act
summary
Introduced
03/24/2025
03/24/2025
In Committee
04/10/2025
04/10/2025
Crossed Over
03/27/2025
03/27/2025
Passed
04/12/2025
04/12/2025
Dead
Signed/Enacted/Adopted
04/29/2025
04/29/2025
Introduced Session
2025 Regular Session
Bill Summary
AN ACT to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22-11-31, relating to prohibiting the regulation by any county, municipality, or political subdivision of commercial horticulture within the subject matter of the Water Pollution Control Act; providing that such regulations are invalid and unenforceable; prohibiting any county, municipality, or political subdivision from bringing a cause of action within the subject matter of the Water Pollution Control Act against any commercial horticulture operation; and providing that any political subdivision may not enact an ordinance within the subject matter of the Water Pollution Control Act that is more stringent than any federal or state rule, regulation, program, or permitting regime.
AI Summary
This bill establishes state-level restrictions on how counties, municipalities, and political subdivisions can regulate commercial horticulture under the Water Pollution Control Act. Specifically, the bill prohibits local governments from creating any charter, law, rule, regulation, ordinance, or zoning provision that would restrict or regulate the size, placement, location, or operation of commercial horticulture enterprises. Any existing local regulations in these areas are deemed invalid and unenforceable. Additionally, local governments are barred from filing legal actions against commercial horticulture operations that are in material compliance with federal and state water pollution control laws and regulations. The bill further stipulates that local ordinances related to commercial horticulture cannot be more restrictive than existing federal or state rules, effectively creating a uniform regulatory framework that prioritizes state and federal standards over local regulations. The law will take effect 90 days after its passage, and it applies specifically to activities covered under the Water Pollution Control Act, ensuring that commercial horticulture operations have consistent regulatory treatment across West Virginia.
Committee Categories
Government Affairs, Justice
Sponsors (1)
Last Action
Approved by Governor 4/29/2025 (on 04/29/2025)
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