West Virginia 2018 Regular Session Status: Enacted 3 R cosponsors

SB 290 — Relating to DEP standards of water quality and effluent limitations

Last action — Chapter 85, Acts, Regular Session, 2018

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

This bill has been enacted into law. Introduced January 16, 2018. Enacted.

Prognosis

Likely to advance 80% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 5 sponsors

    1 primary, 4 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (3 R).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

26 added · 28 removed

Plain-language change summary

The updated version of Bill SB 290 includes several major changes aimed at streamlining water pollution control permits. Notably, the bill now allows for adjustments in water quality-based limits to account for pollutants already present in the water being drawn in for use, which could make it easier for businesses to meet regulations. Additionally, it prevents the state from enforcing more stringent benchmarks for stormwater discharges than existing federal standards, which could reduce compliance costs for permit holders. These changes are seen as a way to balance environmental protection with economic considerations, meaning businesses may face less regulatory burden while still adhering to necessary water quality standards.

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NEWS RELEASES HELPFUL LINKS Enrolled Version - Final Version « Senate Bill 290 History OTHER VERSIONS  —  Committee Substitute (1)  |  Introduced Version  |   |  Email Key:
NEWS RELEASES HELPFUL LINKS SB290 SUB1 « Senate Bill 290 History OTHER VERSIONS  —  Enrolled Version - Final Version  |  Introduced Version  |   |  Email Key:
Red = new code to be enacted WEST virginia legislature regular session Enrolled Committee Substitute for Senate Bill 290 Senators Smith, Azinger, Boso, Clements, and Cline, original sponsors [Passed March 8, 2018;
Red = new code to be enacted WEST virginia legislature regular session Committee Substitute for Senate Bill 290 By Senators Smith, Azinger, Boso, Clements, and Cline [Originating in the Committee on the Judiciary;
in effect 90 days from passage]     AN ACT to amend and reenact §22-11-6 of the Code of West Virginia, 1931, as amended, relating to standards of water quality and effluent limitations;
Reported on February 7, 2018]     A BILL to amend and reenact §22-11-6 of the Code of West Virginia, 1931, as amended, relating to standards of water quality and effluent limitations;
(1) Where necessary and proper, the secretary may specify a reasonable time for persons not complying with the standards and limitations to comply with the rules and, upon the expiration of that period of time, the secretary shall revoke or modify any permit previously issued which authorized the discharge of treated or untreated sewage, industrial wastes, or other wastes into the waters of this state which result in reduction of the quality of the waters below the standards and limitations established therefor by rules of the board or secretary;
(1) Where necessary and proper, the secretary may specify a reasonable time for persons not complying with  the standards and limitations to comply  with the rules and, upon the expiration of that period of time, the secretary shall revoke or modify any permit previously issued which authorized the discharge of treated or untreated sewage, industrial wastes, or other wastes into the waters of this state which result in reduction of the quality of  the waters below the standards and limitations established therefor by rules of the board or secretary;
(2) For purposes of both this article and sections 309 and 505 of the federal Water Pollution Control Act, compliance with a permit issued pursuant to this article shall be considered compliance for purposes of both this article and sections 301, 302, 303, 306, 307, and 403 of the federal Water Pollution Control Act and with all applicable state and federal water quality standards, except for any standard imposed under section 307 of the federal Water Pollution Control Act for a toxic pollutant injurious to human health.
(2) For purposes of both this article and sections 309 and 505 of the federal Water Pollution Control Act, compliance with a permit issued pursuant to this article shall be  considered compliance for purposes of both this article and sections 301, 302, 303, 306, 307 and 403 of the federal Water Pollution Control Act and with all applicable state and federal water quality standards, except for any standard imposed under section 307 of the federal Water Pollution Control Act for a toxic pollutant injurious to human health.
Notwithstanding any provision of this code or rule or permit condition to the contrary, water quality standards themselves shall not be considered effluent standards or limitations for the purposes of both this article and sections 309 and 505 of the federal Water Pollution Control Act and may not be independently or directly enforced or implemented except through the development of terms and conditions of a permit issued pursuant to this article.
Notwithstanding any provision of this code or rule or permit condition to the contrary, water quality standards themselves shall not be considered effluent standards or limitations for the purposes of both this article and sections 309 and 505 of the federal Water Pollution Control Act and shall may not be independently or directly enforced or implemented except through the development of terms and conditions of a permit issued pursuant to this article.
Any denial or approval of an application shall detail the specific basis for the denial or approval and any revisions needed to the application.
Any denial or approval of an application shall detail the specific basis for the denial or approval and any revisions needed to the application.   Any denial or approval of a request may be appealed to the environmental quality board pursuant to §22-11-21 of this code.
Any denial or approval of a request may be appealed to the environmental quality board pursuant to §22-11-21 of this code.
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Action History

  1. Chapter 85, Acts, Regular Session, 2018

  2. Approved by Governor 3/27/18

  3. To Governor 3/19/18

  4. Approved by Governor 3/27/18 - Senate Journal

  5. Approved by Governor 3/27/18 - House Journal

  6. To Governor 3/19/18 - Senate Journal

  7. To Governor 3/19/18 - House Journal

  8. House Message received

  9. Completed legislative action

  10. Communicated to Senate

  11. Passed House (Roll No. 401)

  12. Read 3rd time

  13. On 3rd reading, Special Calendar

  14. Read 2nd time

  15. On 2nd reading, Special Calendar

  16. Read 1st time

  17. On 1st reading, Special Calendar

  18. Do pass

  19. To House Judiciary

  20. To Judiciary

  21. Introduced in House

  22. Ordered to House

  23. Passed Senate (Roll No. 105)

  24. Read 3rd time

  25. Laid over on 3rd reading 2/12/18

  26. Read 3rd time

  27. On 3rd reading

  28. Read 2nd time

  29. On 2nd reading

  30. Read 1st time

  31. On 1st reading

  32. Committee substitute reported

  33. To Judiciary

  34. Reported do pass, but first to Judiciary

  35. To Energy, Industry and Mining

  36. Introduced in Senate

  37. To Energy, Industry and Mining then Judiciary

  38. Filed for introduction

Sponsors

Sponsorship breakdown

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1 sponsors · 4 co-sponsors · 147 not signed on · 5 voted No

Sponsors (1)

Co-sponsors (4)

Not signed on (147)

147 members have not signed on to this bill.

Show all 147 →

"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

Passed 88 Yea · 9 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 63402
Republican 25100
Democrat 0400
Total 88902
% of votes cast 89%9%0%2%
How each member voted (99)
Member Party Vote
Love — Yea
Evans, A. — Yea
Evans, E. — Yea
Lane — Yea
Romine, C. — Yea
Romine, R. — Yea
Blair — Yea
Foster — Yea
Atkinson — Yea
Bates — Yea
Boggs — Yea
Brewer — Yea
Espinosa — Yea
Ferro — Yea
Frich — Yea
Isner — Nay
Kessinger — Yea
Lovejoy — Yea
Lynch — Yea
Pyles — Nay
Rowan — Yea
Rowe — Nay
Shott — Yea
Martin — Yea
Maynard — Yea
Sypolt — Yea
Thompson — Yea
Hartman — Yea
Nelson — Yea
Canestraro — Yea
Capito — Yea
Cowles — Yea
Graves — Yea
Hamrick — Yea
Hicks — Yea
Higginbotham — Yea
Overington — Yea
Sponaugle — Yea
Storch — Yea
Upson — Yea
Wagner — Yea
Diserio — Yea
Phillips — Yea
Speaker Armstead — Yea
Deem — Not Voting
Householder — Yea
Pack — Yea
Pethtel — Yea
Wilson — Yea
Ambler — Yea
Byrd — Yea
Caputo — Yea
Fast — Yea
Fleischauer — Nay
Folk — Yea
Harshbarger — Yea
Hill — Yea
Hollen — Yea
Iaquinta — Yea
Longstreth — Yea
Marcum — Yea
Miley — Yea
Moye — Yea
Paynter — Yea
Robinson — Not Voting
Rodighiero — Yea
Sobonya — Yea
Summers — Yea
Westfall — Yea
John Williams Democrat Nay
Mike Pushkin Democrat Nay
Sean Hornbuckle Democrat Nay
Shawn Fluharty Democrat Nay
Ben Queen Republican Yea
Betsy Kelly Republican Yea
Bill Hamilton Republican Yea
D. Rolland Jennings Republican Yea
Erica Moore Republican Nay
Gary G. Howell Republican Yea
George Miller Republican Yea
George Miller Republican Yea
Guy Ward Republican Yea
Jason Barrett Republican Yea
Jeff Campbell Republican Yea
Jeff Eldridge Republican Yea
Jim Butler Republican Yea
Joe Ellington Republican Yea
Joe Statler Republican Yea
Lisa White Republican Yea
Mark Dean Republican Yea
Mark Zatezalo Republican Yea
Marty Gearheart Republican Yea
Matthew Rohrbach Republican Yea
Pat McGeehan Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
Stanley Adkins Republican Yea
Vernon Criss Republican Yea
William Anderson Republican Yea

Official roll call →

Passage

Passed 33 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 30001
Republican 3000
Total 33001
% of votes cast 97%0%0%3%
How each member voted (34)
Member Party Vote
ARVON — Yea
GAUNCH — Yea
RUCKER — Yea
JEFFRIES — Yea
SMITH — Yea
BALDWIN — Yea
KARNES — Yea
STOLLINGS — Yea
BEACH — Yea
MANN — Not Voting
SWOPE — Yea
BLAIR — Yea
MARONEY — Yea
SYPOLT — Yea
BOLEY — Yea
MAYNARD — Yea
TAKUBO — Yea
BOSO — Yea
OJEDA — Yea
TRUMP — Yea
PALUMBO — Yea
UNGER — Yea
CLINE — Yea
PLYMALE — Yea
WELD — Yea
PREZIOSO — Yea
WOELFEL — Yea
FACEMIRE — Yea
ROMANO — Yea
MR PRESIDENT — Yea
FERNS — Yea
Charles H. Clements Republican Yea
Mike Azinger Republican Yea
Sarah Drennan Republican Yea

Official roll call →

Subjects

environment
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Frequently asked questions

Who sponsors SB 290?
SB 290 is sponsored by Charles H. Clements (Republican), Boso, Cline, Mike Azinger (Republican), and Randy E. Smith (Republican).
What is the current status of SB 290?
This bill has been enacted into law. Introduced January 16, 2018. Enacted.
Where can I track SB 290?
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Last checked for changes 3 months ago · updated continuously

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