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Senate adds state‑preemption language to commercial horticulture bill under Water Pollution Control Act
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.
Senator Recker moved the amendment to the committee amendment and Senator Jefferson explained it on the floor: "My amendment provides that any ordinance of a political subdivision may not be more stringent than any federal or state rule regulation program or permitting regime." Jefferson said the language matches text previously approved by the Senate in Senate Bill 940 and that the new provision is "under the water pollution control act." He told colleagues the Water Pollution Control Act language at issue currently affects one county in the state.
Senator Summers and other members asked clarifying questions about the amendment's scope to ensure it applied only within the Water Pollution Control Act article and not to unrelated local ordinances. Jefferson and other sponsors responded that the language was intentionally limited to the article and consistent with earlier Senate actions. The amendment and the committee's changes were adopted; the bill was advanced to third reading.
