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 laws, rules, regulations, or ordinances that would regulate, permit, or license commercial horticulture operations. Any such local provisions are deemed invalid and unenforceable. Additionally, the bill prevents local governments from bringing legal actions against commercial horticulture operations as long as they are in compliance with the Water Pollution Control Act and relevant federal laws.

Furthermore, the bill stipulates that no political subdivision may create ordinances that are more stringent than existing federal or state regulations concerning commercial horticulture. This legislation aims to streamline the regulatory framework for commercial horticulture, ensuring that local governments cannot impose additional restrictions beyond those established at the state or federal level. The bill is set to take effect 90 days after its passage.

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