West Virginia House Bill HB2238

West Virginia 2025 Regular Session

• Introduced: 2/12/25
• Refer: 2/12/25

Caption

Relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to water pollution control permit fee schedules

Summary

House Bill 2238 is a rule-authorization bill that allows the West Virginia Department of Environmental Protection (DEP) to implement a legislative rule governing water pollution control permit fee schedules. The bill does not itself set new fee amounts or create a new permitting program; instead, it gives legal effect to a DEP rule that was filed in the State Register, revised to address objections from the Legislative Rule-Making Review Committee, and refiled for authorization. In practical terms, the bill updates state administrative law by approving the DEP’s authority to administer and collect permit fees associated with water pollution control permits under the referenced rule, 47 CSR 26. Because the bill is limited to rule authorization, its direct impact is on the regulatory framework for environmental permitting, especially for regulated entities that need water pollution control permits and must pay associated fees. It also reinforces the Legislature’s oversight role over agency rulemaking under West Virginia law.

Impact

HB2238 amends the state code section that authorizes legislative rules by approving a specific Department of Environmental Protection rule on water pollution control permit fee schedules. The bill affects the DEP’s ability to enforce and administer permit fee schedules under 47 CSR 26 and may influence the cost of compliance for permit applicants and regulated dischargers. It does not appear to change substantive environmental standards, but it does validate the administrative mechanism used to fund and support the permitting program.

Sentiment

The available record suggests a generally routine and procedural posture for the bill. Because there are no committee transcripts or recorded votes included, there is no evidence of strong public controversy or organized opposition in the materials provided. The bill appears to be a standard legislative rule authorization measure, which typically receives consideration as part of the Legislature’s oversight of agency regulations rather than as a high-profile policy dispute.

Contention

The main point of potential contention is the permit fee schedule itself: regulated businesses, utilities, or other permit holders may be concerned about the cost of compliance, while environmental regulators may view the fees as necessary to support permitting and enforcement. Another possible issue is the broader question of agency rulemaking authority and whether the DEP’s revised rule adequately addressed objections from the Legislative Rule-Making Review Committee. However, the provided materials do not show any specific debate, amendments, or recorded opposition.