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West VirginiaSB 2562026 Regular SessionSenate

Authorizing DEP to promulgate legislative rules

Sponsored By: Patricia Rucker (Republican)

Signed by Governor

§64-3-1

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 0 benefits, 0 costs, 4 mixed.

New evidence rules for carbon storage

The law authorizes West Virginia’s environmental agency to issue the carbon dioxide storage fee rule, 47 CSR 09B. Section 4.7.1 adds other relevant evidence of fair market value when the Commission requests it. The rule was refiled January 8, 2026, after changes addressing legislative committee objections. The provision states no fee amount or formula, so its effect on payments cannot be calculated.

West Virginia can issue air rules

The law authorizes West Virginia’s Department of Environmental Protection to issue five air pollution rules, including approved amendments. They cover startup and shutdown emissions (45 CSR 01), outdoor air quality (45 CSR 08), and new stationary sources (45 CSR 16). They also cover hazardous air pollutants (45 CSR 34) and pollution crossing state lines (45 CSR 43). Cross-state controls cover annual nitrogen oxides, annual sulfur dioxide, and ozone-season nitrogen oxides emissions. The startup rule was filed July 22, 2025; the others were filed July 23, 2025. The law takes effect from passage, but these provisions do not state specific emission limits or household costs.

West Virginia can issue waste rules

The law authorizes West Virginia’s environmental agency to issue three waste rules, including approved amendments. Two cover air pollution from burning solid waste (45 CSR 18) and hazardous waste treatment, storage, and disposal facilities (45 CSR 25). Both were filed July 23, 2025. The water and waste division can also issue the hazardous waste management rule (33 CSR 20), filed July 24, 2025. These provisions do not state the detailed requirements or resulting costs.

West Virginia changes water quality rule

The law authorizes West Virginia’s environmental agency to issue the water quality rule, 47 CSR 02. It changes “20” to “120” on page 42, subsection 8.23. The rule was filed July 24, 2025, and refiled January 8, 2026, after changes addressing legislative committee objections. The provided text does not explain the number’s meaning, units, or practical effect on water quality or households.

Sponsors & Cosponsors

Sponsor

  • Patricia Rucker

    Republican • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 302 • No: 22

Senate vote • 2/23/2026

Senate concurred in House amendments and passed bill (Roll No. 204)

Yes: 33 • No: 0

Senate vote • 2/23/2026

Effective from passage (Roll No. 205)

Yes: 33 • No: 0

House vote • 2/20/2026

Effective from passage (Roll No. 138)

Yes: 86 • No: 10

House vote • 2/20/2026

Passed House (Roll No. 137)

Yes: 84 • No: 12

Senate vote • 2/5/2026

Passed Senate (Roll No. 45)

Yes: 33 • No: 0

Senate vote • 2/5/2026

Effective from passage (Roll No. 46)

Yes: 33 • No: 0

Actions Timeline

  1. Chapter 214, Acts, Regular Session, 2026

    6/25/2026Senate

  2. Approved by Governor 3/2/2026 - House Journal

    3/2/2026House

  3. Approved by Governor 3/2/2026

    3/2/2026Senate

  4. House received Senate message

    2/24/2026House

  5. To Governor 2/24/2026

    2/24/2026Senate

  6. To Governor 2/24/2026 - House Journal

    2/24/2026House

  7. House Message received

    2/23/2026Senate

  8. Senate concurred in House amendments and passed bill (Roll No. 204)

    2/23/2026Senate

  9. Effective from passage (Roll No. 205)

    2/23/2026Senate

  10. Communicated to House

    2/23/2026Senate

  11. Completed legislative action

    2/23/2026Senate

  12. On 3rd reading, Special Calendar

    2/20/2026House

  13. Read 3rd time

    2/20/2026House

  14. Passed House (Roll No. 137)

    2/20/2026House

  15. Title amendment adopted (Voice vote)

    2/20/2026House

  16. Effective from passage (Roll No. 138)

    2/20/2026House

  17. Communicated to Senate

    2/20/2026House

  18. On 2nd reading, Special Calendar

    2/19/2026House

  19. Read 2nd time

    2/19/2026House

  20. Amendment reported by the Clerk

    2/19/2026House

  21. Committee amendment adopted (Voice vote)

    2/19/2026House

  22. Amendment reported by the Clerk

    2/19/2026House

  23. Amendment rejected (Voice vote)

    2/19/2026House

  24. On 1st reading, Special Calendar

    2/18/2026House

  25. Read 1st time

    2/18/2026House

Bill Text

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