Committee approves package of agency rule changes including managed-timberland certification and boating updates

A West Virginia Senate committee approved a multi-agency committee substitute (filed as Senate Bill 374 in the committee transcript) that bundles 13 rules submitted by state agencies, including a new Managed Timberland certification rule for the Division of Forestry, updates to child-labor certificates, multiple sunset-date extensions to Aug. 1, 2031, and changes to Division of Natural Resources (DNR) rules governing wildlife rehabilitation and motorboat operation on specified lakes.

Counsel describing the package said the Managed Timberland rule establishes eligibility criteria (surface property not less than 10 acres primarily for forest use, minimum canopy cover and a written management plan prepared by a registered forester or technician), requires owners to sign a contract with the Division of Forestry and provides appeal rights for denials. The counsel summarized the scope of other rule changes including updated definitions, appeals processes and reporting requirements.

DNR deputy director Wendy Green told the committee a proposed amendment to include Stone Coal Lake had been pulled earlier because the agency’s lease with the landowner initially prevented the change. Green said DNR legal counsel and the landowner have since worked the issue out and the agency was asking the committee to restore Stone Coal Lake to the list of lakes with removed horsepower limits. "They've agreed to the amendment, so we're just asking it to go back in," she told the committee. (Wendy Green, Deputy Director, Division of Natural Resources)

Other items summarized by counsel included: changing sunset dates on several agency rules to Aug. 1, 2031; a new Division of Labor rule implementing changes to youth work documentation following legislation that replaced some work permits with age certificates; and a DNR wildlife-rehabilitation rule that establishes permit requirements, qualification standards and record-keeping for permit holders.

The committee agreed to the committee substitute by voice vote and voted to report it to the full Senate with the recommendation that it do pass. No roll-call tallies were recorded in the transcript for the voice votes.

What’s next: The committee substitute will be reported to the full Senate for floor consideration. Agencies affected by the rule changes will implement adopted rules and administrative processes consistent with statute and the administrative-procedure timeline if the Senate and any other required bodies approve the package.

Sources: Committee counsel summary of the committee substitute; testimony by Wendy Green, deputy director, Division of Natural Resources; committee transcript.