HB 4086 — Authorizing certain agencies of the Department of Commerce to promulgate legislative rules

WEST VIRGINIA LEGISLATURE REGULAR SESSION ENROLLED Committee Substitute for House Bill 4086 ByBYDELEGATSMITH Delegate[Passed SmithFebruary [Originating29, in2024; the Committee on the Judiciary;

Reportedin oneffect Februaryfrom 9,passage.] 2024]Enr CS for HB 4086 AAN BILLACT to amend and reenact §64-10-1 of the Code of West Virginia, 1931, as amended, all relating generally to authorizing certain agencies of the Department of Commerce to promulgate legislative rules;

authorizing the Miners' Health, Safety and Training to promulgate a legislative rule relating to operating diesel equipment in underground mines inEnr West 1 CS for HB 4086 in West Virginia;

(a) The legislative rule filed in the State Register on July 27, 2023, authorized under the authority of §19-1B-4 of this code, modified by the Division of Forestry to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 13, 2023, relating to the Division of Forestry (sediment control during commercial timber-harvestingtimber- harvesting operations - licensing, 22 CSR 02), is authorized with the following amendment:

(b) The legislative rule filed in the State Register on July 27, 2023, authorized under the authority of §19-1B-7 of this code, modified by the Division of Forestry to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 13,Enr 2 CS for HB 4086 13, 2023, relating to the Division of Forestry (sediment control during commercial timber-harvestingtimber- harvesting operations - logger certification, 22 CSR 03), is authorized with the following amendment:

3Enr CS for HB 4086 (c) The legislative rule filed in the State Register on July 27, 2023, authorized under the authority of §22A-1-6 of this code, relating to the Office of Miners' Health, Safety and Training (reporting requirements for independent contractors, 56 CSR 10), is authorized.

(d) The legislative rule filed in the State Register on July 27, 2023, authorized under the authority of §22A-1-6 of this code, modified by the Office of Miners' Health, Safety and Training to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 15, 2023, relating to the Office of Miners' Health, Safety and Training (assessing health and safety violation penalties, 56 CSR 12), is authorized, (e) The legislative rule filed in the State Register on July 27, 2023, authorized under the authority of §11-13BB-13 of this code, modified by the Office of Miners' Health, Safety and Training to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 15, 2023, relating to the Office of Miners' Health, Safety and Training (application process for the West Virginia Innovative Mine Safety Technology Tax Credit Act, 56 CSR 14), is authorized.

(e) The legislative rule filed in the State Register on July 27, 2023, authorized under the authority of §11-13BB-13 of this code, modified by the Office of Miners' Health, Safety and Training to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 15, 2023, relating to the Office of Miners' Health, Safety and Training (application process for the West Virginia Innovative Mine Safety Technology Tax Credit Act, 56 CSR 14), is authorized.

4Enr CS for HB 4086 (h) The legislative rule filed in the State Register on July 27, 2023, authorized under the authority of §22A-2A-1001 of this code, relating to the Miners' Health, Safety and Training (rules for operating diesel equipment in underground mines in West Virginia, 56 CSR 23), is authorized.

(d) The legislative rule filed in the State Register on July 20, 2023, authorized under the authority of §20-3-3a of this code, relating to the Division of Natural Resources (Cabwaylingo State Forest Trail System twotwo-year year pilot project permitting ATVs and ORVs, 58 CSR 36), is authorized.

(e) The legislative rule filed in the State Register on July 27, 2023, authorized under the authority of §20-2B-7 of this code, modified by the Division of Natural Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on 5Enr CS for HB 4086 November 14, 2023, relating to the Division of Natural Resources (lifetime hunting, trapping, and fishing licenseslicenses, , 58 CSR 67), is authorized.

6Enr CS for HB 4086 “8.1.4.

of this code and any procedural rules adopted pursuant thereto.” NOTE:Enr CS for HB 4086 The Clerk of the House of Delegates and the Clerk of the Senate hereby certify that the foregoing bill is correctly enrolled.

The............................................................... purpose of this bill is to authorize the Division of Forestry to promulgate a legislative rule relating to sediment control during commercial timber-harvesting operations - licensing.

ThisClerk sectionof isthe new;House of Delegates ...............................................................

therefore,Clerk strike-throughsof andthe underscoringSenate haveOriginated beenin omitted.the House of Delegates.

In effect from passage.

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Speaker of the House of Delegates ...............................................................

President of the Senate __________ The within is ................................................

this the...........................................

Day of ..........................................................................................................., 2024.

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Governor 9