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Senate adds state‑preemption language to commercial horticulture bill under Water Pollution Control Act

2952779 · April 10, 2025
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Summary

Lawmakers amended House Bill 3503 to state that local ordinances regulating commercial horticulture cannot be more stringent than federal or state rules; sponsors said the change implements language the Senate previously passed and noted the Water Pollution Control Act applies to one county in the state.

The West Virginia Senate on April 9 approved an amendment to the committee substitute for House Bill 3503 that adds an express preemption: ordinances of political subdivisions may not be more stringent than federal or state rules, regulations, programs, or permitting regimes on matters covered by the Water Pollution Control Act.

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