SB 685 — Creating Natural Resources Anti-Commandeering Act

CS for SB 685 WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee Substitute for Senate Bill 685 By Senator Rose [Introduced[Reported JanuaryFebruary 30,3, 2026;2026, from the Committee on Energy, Industry, and Mining] CS for SB 685 A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new article, designated §22-35-1, §22-35-2, §22-35-3, §22-35-4, §22-35-5, and §22-35-6, relating generally to creating the Natural Resources Anti-Commandeering Act;

referredstating tolegislative thefindings Committee on Energy, Industry, and Mining;intent;

prohibiting agencies of this state and thenpolitical tosubdivisions theor Committeeofficers onor employees thereof from knowingly and willingly participating in the Judiciary]enforcement Introf SBany 685federal 2026R3405act, Alaw, BILLorder, rule, or regulation relating to amendcoal, theoil, Codegas, oftimber, Westor Virginia,other 1931,extractive asresources amended,which bydo addingnot aexist newunder article,the designatedlaws §22-35-1,of §22-35-2,this §22-35-3,state §22-35-4,and §22-35-5,prohibiting said agencies, subdivisions, and §22-35-6,officers relatingor generallyemployees tofrom creatingbeing thecompelled Naturalto Resourcesparticipate Anti-Commandeeringin Act;such enforcement;

stating legislative findings;

prohibiting agencies of this state and political subdivisions or employees thereof from knowingly and willingly participating in the enforcement of any federal act, law, order, rule, or regulation relating to coal, oil, gas, timber, or other extractive resources which do not exist under the laws of this state;

providingrequiring penaltiesand authorizing the West Virginia Attorney General to engage in certain legal challenges to any presidential executive order or a federal statute, agency order, law, rule, or regulation that he or she determines infringes upon the right to be free from the federal commandeering of natural resources and authorizing expenditure of funds therefor;

requiring the Attorney General to publish certain guidance policies regarding resistance to federal commandeering and lawful measures for protecting state citizens from the consequences of federal commandeering;

and providingauthorizing forreimbursement severability.of certain attorney’s fees.

(a) It is the intent of the Legislature in enacting this article to protect West Virginia CS for SB 685 employees, includingincluding, but not limited toto, law-enforcement officers, from being directed to violate their oaths of office and rights affirmed under the Tenth Amendment to the Constitution of the United States, whether through federal executive orders, agency orders, statutes, laws, rules, or regulations.

(b)The(b) The Legislature finds that:

(1) Pursuant to and in furtherance of the principles of federalism enshrined in the Constitution of the United States, and recognized by the United States Supreme Court, the federal government may not commandeer this state's officers, agents, or employees to participate in the Intr SB 2026R3405 enforcement or facilitation of any federal act or regulatory program;

(1) Knowingly and willingly participate in any way in the enforcement of any federal order, statute, law, rule, or regulation relating to coal, oil, gas, timber, or other extractive resources, or 2 CS for SB 685 downstream industries related to such extractive resources, if the order, statute, law, rule, or regulation does not exist under the laws of this state;

nor (2) Utilize any assets, state funds, or funds allocated by the state to any local entity, in whole or in part, to engage in any activity that aids a federal agency, federal agent, or corporation providing services to the federal government in the enforcement, or any investigation pursuant to the enforcement, of any federal order, statute, law, rule, or regulation relating to coal, oil, gas, timber, or other extractive resources, or downstream industries related to such extractive Intr SB 2026R3405 resources, if the order, statute, law, rule, or regulation does not exist under the laws of this state.

The policies shall provide guidance on resistance to federal commandeering and on lawful measures that can be taken by law-enforcement agencies to protect state citizens from the consequences of any attempts or efforts at federal 3 CS for SB 685 commandeering.

(1) Be required, at the direction of an agency of the federal government, to act in a law- enforcement capacity to enforce a federal statute, executive order, agency order, law, rule, or regulation determined by the West Virginia Attorney General to infringe upon rights granted by the Intr SB 2026R3405 Tenth Amendment to the Constitution of the United States;

(A) While the constitutionality of the federal statute, executive order, agency order, law, rule, or regulation is being challenged judicially pursuant to section §22-35-4 of this code;

NOTE:

The purpose of this bill is to protect employees of the State of West Virginia and its political subdivisions from being commandeered by a federal agency or other agent to enforce federal regulations and other actions related to extractive resources or related downstream industries, which do not exist in state law.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.