Bill > SB88

This bill establishes community air monitoring programs, which are systems and processes for collecting ambient air data, but specifically excludes systems used by government agencies or regulated sources. The bill clarifies that data collected by these programs regarding common air pollutants, such as criteria air pollutants and hazardous air pollutants, cannot be used by the Secretary for regulatory purposes under specific sections of the Federal Clean Air Act, which are laws governing air quality. However, individuals can request the Secretary to investigate potential violations, and the Secretary must consider specific information about the monitoring data, including equipment details, calibration history, and operator information, when evaluating such requests. The Secretary also has the authority to create rules for these programs to ensure data accuracy and scientific validity, though the bill explicitly states it does not grant any right of entry onto private property for monitoring. Crucially, the bill prohibits the Secretary from using community air monitoring data to issue fines, penalties, or violations, or to bring enforcement actions against air emission sources, nor can it be used in the development of rules or the issuance or denial of permits.

Government Affairs

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=88&year=2026&sessiontype=RS&btype=bill