West Virginia 2025 Regular Session Status: Enacted 1 R cosponsors

HB 3503 — Relating to regulation by counties, municipalities, and political subdivisions of commercial horticulture under the Water Pollution Control Act

Last action — Chapter 118, Acts, Regular Session, 2025

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House of Delegates
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 24, 2025. Enacted.

Signed by Governor Patrick Morrisey (Republican) on July 30, 2025.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 72% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

50 added · 24 removed

Plain-language change summary

The recent amendments to Bill HB 3503 clarify that local governments in West Virginia cannot regulate or impose restrictions on commercial horticulture with respect to water pollution. This means that any local rules or ordinances related to this issue are now considered invalid and unenforceable. Additionally, local governments are prohibited from taking legal action against commercial horticulture businesses for activities covered by the Water Pollution Control Act. This matters because it aims to create a uniform standard for commercial horticulture operations, reducing potential conflicts between local and state regulations.

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WEST VIRGINIA LEGISLATURE REGULAR SESSION ENGROSSED House Bill 3503 By Delegates Hornby, Howell, Anderson, and Zatezalo.
WEST VIRGINIA LEGISLATURE REGULAR SESSION ENROLLED House Bill 3503 BYD ELEGATESHORNBY , OWELL, NDERSON ,AND ZATEZAL.
[Originating in the Committee on Energy and Public Works;
[Passed April 12, 2025;
Reported on March 20, 2025.] Eng HB 3503 A BILL to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22-11-31, relating to the regulation by counties, municipalities, and political subdivisions of commercial horticulture under the Water Pollution Control Act;
in effect 90 days from passage (July 11, 2025)] Enr HB 3503 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 regulations within the subject matter of the Water Pollution Control Act governing commercial horticulture by counties, municipalities, and political subdivisions are invalid and unenforceable;
providing that such regulations are invalid and unenforceable;
and providing limitations of causes of action against commercial horticulture operations brought by counties, municipalities, and political subdivisions within the subject matter of the Water Pollution Control Act.
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.
(a) Notwithstanding the provisions of Chapter 7, Chapter 7A, Chapter 8, and Chapter 8A of the West Virginia Code or the West Virginia Code of State Rules promulgated thereunder to the contrary, no county, municipality, or political subdivision may prohibit, regulate, permit, or license commercial horticulture by adopting any charter, law, rule, regulation, ordinance, or zoning provision concerning the size, placement, location, or operation of commercial horticulture within the subject matter of the Water Pollution Control Act, and all such provisions in charters, laws, rules, regulations, ordinances, or zoning provisions are hereby invalid and unenforceable.
(a) Notwithstanding the provisions of Chapter 7, Chapter 7A, Chapter 8, and Chapter 8A of the West Virginia Code or the West Virginia Code of State Rules promulgated thereunder to the contrary, no county, municipality, or political subdivision may prohibit, regulate, permit, or license commercial horticulture by adopting any charter, law, rule, regulation, ordinance, or zoning provision concerning the size, placement, location, or operation of commercial horticulture within the subject matter of the Water Pollution Control Act, as provided in §22-11-1 et seq.
(b) No county, municipality, or political subdivision may bring a cause of action against a commercial horticulture operation for any activity within the subject matter of the Water Pollution Control Act, if the commercial horticulture operation is in material compliance of the Water Pollution Control Act, its rules, and federal laws and regulations.
of this code, and all such provisions in charters, laws, rules, regulations, ordinances, or zoning provisions are hereby invalid and unenforceable.
(b) No county, municipality, or political subdivision may bring a cause of action against a commercial horticulture operation for any activity within the subject matter of said Water Pollution Enr HB 3503 Control Act, if the commercial horticulture operation is in material compliance of the Water Pollution Control Act, its rules, and federal laws and regulations.
(c) Any political subdivision of this state may not enact an ordinance within the subject matter of said Water Pollution Control Act that is more stringent than any federal or state rule, regulation, program, or permitting regime.
Enr HB 3503 The Clerk of the House of Delegates and the Clerk of the Senate hereby certify that the foregoing bill is correctly enrolled.
...............................................................
Clerk of the House of Delegates ...............................................................
Clerk of the Senate Originated in the House of Delegates.
In effect 90 days from passage.
...............................................................
Speaker of the House of Delegates ...............................................................
President of the Senate __________ The within is ................................................
this the...........................................
Day of ..........................................................................................................., 2025.
.............................................................
Governor 3
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Action History

  1. Chapter 118, Acts, Regular Session, 2025

  2. Approved by Governor 4/29/2025

  3. To Governor 4/22/2025

  4. Approved by Governor 4/29/2025 - House Journal

  5. Approved by Governor 4/29/2025 - Senate Journal

  6. To Governor 4/22/2025 - Senate Journal

  7. To Governor 4/22/2025 - House Journal

  8. House Message received

  9. Completed legislative action

  10. Communicated to Senate

  11. House concurred in Senate amendment and passed bill (Roll No. 582)

  12. House received Senate message

  13. Senate requests House to concur

  14. Title amendment adopted

  15. Passed Senate (Roll No. 509)

  16. Amended on 3rd reading (Voice vote)

  17. Unanimous consent to amend on 3rd reading

  18. Read 3rd time

  19. On 3rd reading

  20. Committee amendment as amended adopted (Voice vote)

  21. Amendment to committee amendment adopted (Voice vote)

  22. Committee Amendment Reported

  23. Read 2nd time

  24. Immediate consideration

  25. Reported do pass, with amendment

  26. On second reading, rereferred to Judiciary

  27. Read 1st time

  28. Immediate consideration

  29. Without recommendation, but first rereferred to Judiciary

  30. To Judiciary

  31. Reported do pass, but first to Judiciary

  32. To Government Organization

  33. To Government Organization then Judiciary

  34. Introduced in Senate

  35. Communicated to Senate

  36. Passed House (Roll No. 224)

  37. Read 3rd time

  38. On 3rd reading, Special Calendar

  39. Read 2nd time

  40. On 2nd reading, Special Calendar

  41. Read 1st time

  42. On 1st reading, Special Calendar

  43. Do pass

  44. Originating in House Energy and Public Works

  45. Introduced in House

  46. Filed for introduction

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 151 not signed on · 18 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (151)

151 members have not signed on to this bill.

Show all 151 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

PASSAGE-SENATE AMENDED HB

Passed 84 Yea · 13 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 79402
Unaffiliated 5001
Democrat 0900
Total 841303
% of votes cast 84%13%0%3%
How each member voted (100)
Member Party Vote
Devault — Yea
Kump — Yea
Linville — Yea
Steele — Yea
Flanigan — Not Voting
Clark, T — Yea
Anitra Hamilton Democrat Nay
Evan Hansen Democrat Nay
Hollis Lewis Democrat Nay
John Williams Democrat Nay
Kayla Young Democrat Nay
Mike Pushkin Democrat Nay
Rick Garcia Democrat Nay
Sean Hornbuckle Democrat Nay
Shawn Fluharty Democrat Nay
Adam Burkhammer Republican Yea
Adam Vance Republican Yea
Andy Shamblin Republican Not Voting
Betsy Kelly Republican Yea
Bill Ridenour Republican Yea
Bob Fehrenbacher Republican Yea
Bryan Smith Republican Yea
Bryan Ward Republican Yea
Carl "Bill" Roop Republican Yea
Carl Martin Republican Yea
Charles Sheedy Republican Yea
Chris Phillips Republican Yea
Christopher W. Toney Republican Yea
Chuck Horst Republican Nay
Clay Riley Republican Yea
D. Rolland Jennings Republican Yea
Dana Ferrell Republican Yea
Dave Foggin Republican Yea
David Cannon Republican Yea
David Green Republican Yea
David McCormick Republican Yea
Dean Jeffries Republican Yea
Doug Smith Republican Yea
Elias Coop-Gonzalez Republican Yea
Eric Brooks Republican Yea
Erica Moore Republican Yea
Evan Worrell Republican Yea
Gary G. Howell Republican Yea
Geno Chiarelli Republican Yea
George Miller Republican Yea
George Street Republican Yea
Henry Dillon Republican Yea
Ian T. Masters Republican Yea
James Robert "JB" Akers II Republican Yea
Jarred Cannon Republican Yea
Jeff Campbell Republican Yea
Jeff Eldridge Republican Yea
Jeffrey Stephens Republican Yea
Jim Butler Republican Yea
Jimmy Willis Republican Yea
Joe Ellington Republican Yea
Joe Funkhouser Republican Nay
Joe Parsons Republican Yea
Joe Statler Republican Yea
John Paul Hott Republican Yea
Jonathan Kyle Republican Yea
Jonathan Pinson Republican Yea
Jordan Bridges Republican Yea
Jordan Maynor Republican Yea
Josh Holstein Republican Yea
Kathie Hess Crouse Republican Yea
Keith Marple Republican Yea
Laura Kimble Republican Yea
Lisa White Republican Yea
Lori Dittman Republican Yea
Margitta Mazzocchi Republican Yea
Mark Dean Republican Yea
Mark Zatezalo Republican Nay
Marshall W. Clay Republican Yea
Marty Gearheart Republican Yea
Matthew Rohrbach Republican Yea
Michael Amos Republican Yea
Michael Hite Republican Yea
Michael Hornby Republican Yea
Mickey Petitto Republican Yea
Pat McGeehan Republican Not Voting
Patrick Lucas Republican Yea
Phil Mallow Republican Yea
Ray Canterbury Republican Yea
Rick Hillenbrand Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
Ryan Browning Republican Yea
S. Chris Anders Republican Yea
Sarah Drennan Republican Yea
Scot C. Heckert Republican Yea
Stanley Adkins Republican Yea
Trenton Barnhart Republican Yea
Tresa Howell Republican Yea
Tristan Leavitt Republican Yea
Vacant1 Republican Nay
Vernon Criss Republican Yea
Walter Hall Republican Yea
Wayne Clark Republican Yea
William Anderson Republican Yea

Official roll call →

Passage

Passed 31 Yea · 3 Nay
Party YeaNayPresentNot Voting
Republican 28100
Unaffiliated 3000
Democrat 0200
Total 31300
% of votes cast 91%9%0%0%
How each member voted (34)
Member Party Vote
STUART — Yea
BOLEY — Yea
MR PRESIDENT — Yea
Joey Garcia Democrat Nay
Mike Woelfel Democrat Nay
Amy Grady Republican Yea
Anne B. Charnock Republican Yea
Ben Queen Republican Yea
Bill Hamilton Republican Yea
Brian Helton Republican Yea
Charles H. Clements Republican Yea
Chris Rose Republican Yea
Craig A. Hart Republican Yea
Darren Thorne Republican Yea
Eric Tarr Republican Yea
Glenn Jeffries Republican Yea
Jack Woodrum Republican Yea
Jason Barrett Republican Yea
Jay Taylor Republican Yea
Laura Wakim Chapman Republican Yea
Mark R. Maynard Republican Yea
Mike Azinger Republican Yea
Mike Oliverio Republican Yea
Patricia Rucker Republican Yea
Patrick Martin Republican Yea
Robbie Morris Republican Yea
Rollan A. Roberts Republican Yea
Rupie Phillips Republican Yea
Ryan Weld Republican Yea
Scott Fuller Republican Yea
T. Kevan Bartlett Republican Yea
Tom Takubo Republican Nay
Tom Willis Republican Yea
Vince Deeds Republican Yea

Official roll call →

PASSAGE

Passed 84 Yea · 9 Nay · 7 Other
Party YeaNayPresentNot Voting
Republican 77206
Unaffiliated 6000
Democrat 1701
Total 84907
% of votes cast 84%9%0%7%
How each member voted (100)
Member Party Vote
Devault — Yea
Kump — Yea
Flanigan — Yea
Linville — Yea
Steele — Yea
Clark, T — Yea
Anitra Hamilton Democrat Nay
Evan Hansen Democrat Nay
Hollis Lewis Democrat Nay
John Williams Democrat Nay
Kayla Young Democrat Nay
Mike Pushkin Democrat Nay
Rick Garcia Democrat Nay
Sean Hornbuckle Democrat Yea
Shawn Fluharty Democrat Not Voting
Adam Burkhammer Republican Yea
Adam Vance Republican Yea
Andy Shamblin Republican Yea
Betsy Kelly Republican Yea
Bill Ridenour Republican Not Voting
Bob Fehrenbacher Republican Yea
Bryan Smith Republican Nay
Bryan Ward Republican Yea
Carl "Bill" Roop Republican Yea
Carl Martin Republican Yea
Charles Sheedy Republican Yea
Chris Phillips Republican Yea
Christopher W. Toney Republican Yea
Chuck Horst Republican Yea
Clay Riley Republican Yea
D. Rolland Jennings Republican Yea
Dana Ferrell Republican Yea
Dave Foggin Republican Yea
David Cannon Republican Yea
David Green Republican Yea
David McCormick Republican Yea
Dean Jeffries Republican Yea
Doug Smith Republican Yea
Elias Coop-Gonzalez Republican Yea
Eric Brooks Republican Yea
Erica Moore Republican Not Voting
Evan Worrell Republican Yea
Gary G. Howell Republican Yea
Geno Chiarelli Republican Yea
George Miller Republican Yea
George Street Republican Not Voting
Henry Dillon Republican Yea
Ian T. Masters Republican Yea
James Robert "JB" Akers II Republican Yea
Jarred Cannon Republican Yea
Jeff Campbell Republican Yea
Jeff Eldridge Republican Yea
Jeffrey Stephens Republican Yea
Jim Butler Republican Yea
Jimmy Willis Republican Yea
Joe Ellington Republican Yea
Joe Funkhouser Republican Yea
Joe Parsons Republican Yea
Joe Statler Republican Yea
John Paul Hott Republican Yea
Jonathan Kyle Republican Yea
Jonathan Pinson Republican Yea
Jordan Bridges Republican Yea
Jordan Maynor Republican Yea
Josh Holstein Republican Yea
Kathie Hess Crouse Republican Yea
Keith Marple Republican Yea
Laura Kimble Republican Yea
Lisa White Republican Yea
Lori Dittman Republican Yea
Margitta Mazzocchi Republican Yea
Mark Dean Republican Yea
Mark Zatezalo Republican Yea
Marshall W. Clay Republican Yea
Marty Gearheart Republican Yea
Matthew Rohrbach Republican Yea
Michael Amos Republican Yea
Michael Hite Republican Yea
Michael Hornby Republican Yea
Mickey Petitto Republican Yea
Pat McGeehan Republican Yea
Patrick Lucas Republican Not Voting
Phil Mallow Republican Yea
Ray Canterbury Republican Yea
Rick Hillenbrand Republican Yea
Roger Hanshaw Republican Not Voting
Roy Cooper Republican Yea
Ryan Browning Republican Yea
S. Chris Anders Republican Yea
Sarah Drennan Republican Not Voting
Scot C. Heckert Republican Yea
Stanley Adkins Republican Nay
Trenton Barnhart Republican Yea
Tresa Howell Republican Yea
Tristan Leavitt Republican Yea
Vacant1 Republican Yea
Vernon Criss Republican Yea
Walter Hall Republican Yea
Wayne Clark Republican Yea
William Anderson Republican Yea

Official roll call →

Subjects

environment agriculture
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 3503?
HB 3503 is sponsored by Michael Hornby (Republican).
What is the current status of HB 3503?
This bill has been enacted into law. Introduced March 24, 2025. Enacted.
Where can I track HB 3503?
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