Bill > HB4949

This bill establishes that any legislative rules proposed by state agencies concerning "chemicals of emerging concern" – which are defined as substances or microorganisms posing newly identified or re-emerging potential risks to human health or the environment, including specific examples like PFAS (per- and polyfluoroalkyl substances), nanoscale materials, microplastics, and certain industrial chemicals – must be grounded in the "best available science" and the "weight of scientific evidence." The "best available science" is defined as reliable, unbiased, verifiable information that maximizes data quality and integrity, while the "weight of scientific evidence" involves a comprehensive consideration of all relevant, quality-assured information. Importantly, if a federal law or regulation already sets a standard for a chemical of emerging concern, state rules cannot be more stringent. In the absence of federal standards, state rules must demonstrate a direct causal link between exposure to the chemical and "manifest bodily harm" (a presently existing and diagnosable physical disease or injury, not solely based on detection or increased risk) in humans, using either human studies or, if necessary, animal or cell studies that can be extrapolated to humans, all supported by the best available science and weight of scientific evidence. This section does not apply to rules required by federal law, rules less stringent than federal ones, rules that repeal or modify existing rules to be less stringent, or emergency rules.

Transportation and Infrastructure

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=4949&year=2026&sessiontype=RS&btype=bill