West Virginia Code § 22-23-2

Restrictions on state rules related to greenhouse gas emissions
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(a) The West Virginia Division of Environmental Protection shall refrain from proposing or
promulgating any new rule intended, in whole or in part, to reduce emissions of greenhouse
gases from the residential, commercial, industrial, electric utility or transportation sectors in
order to comply with the Kyoto Protocol;
(b) In the absence of an act of the Legislature of the State of West Virginia approving same,
the West Virginia Division of Environmental Protection shall not submit to the United States
environmental protection agency or to any other agency of the federal government any
legally enforceable commitments related to the reduction of greeunhouse gases, as such
gases are defined by the Kyoto Protocol;
(c) Nothing in this section shall be construed to limit or to impede state or private
participation in any on-going voluntary initiatives to reduce emissions of greenhouse gases,
including, but not limited to, the federal environmental protection agency's "Green Lights"
program, the federal department of energy's climatle challenge program, and similar state
and federal initiatives relying on voluntary pasrticipation.
(d) This article shall remain in effect until irepealed by an Act of the Legislature of the State
of West Virginia, or until ratificationg of the Kyoto Protocol by the United States Senate and
enactment of federal legislation implementing the Kyoto Protocol.

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