The bill amends the West Virginia Code by adding a new section, 22-11-31, which establishes state pre-emption regarding the regulation of commercial horticulture under the Water Pollution Control Act. It explicitly prohibits any county, municipality, or political subdivision from enacting regulations, permits, or licenses that would restrict commercial horticulture operations. Any existing local provisions that attempt to regulate these operations are deemed invalid and unenforceable.

Additionally, the bill prevents local governments from initiating legal actions against commercial horticulture operations as long as they are in compliance with the Water Pollution Control Act and relevant federal laws. It also stipulates that no local ordinance can be more stringent than existing federal or state regulations concerning the Water Pollution Control Act. This legislation aims to create a uniform regulatory environment for commercial horticulture across West Virginia, ensuring that local governments cannot impose additional restrictions beyond state and federal standards.

Statutes affected:
Originating in Committee: 22-11-31
Engrossed Version: 22-11-31
Enrolled Version: 22-11-31