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West Virginia Bill Restricts State Use of Community Air Monitoring Data for Penalties or Permits

Original title: Relating to community air monitoring programs

Last action · January 14, 2026: To Government OrganizationSponsors: Eric Tarr and 1 other

Introduced
Committee
Floor Vote
Passed
Law

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What This Bill Proposed

West Virginia SB 88 prohibits the Department of Environmental Protection from using community-collected air monitoring data to issue fines, penalties, or permits, or to take enforcement actions against s. The bill establishes qualifying standards and rule-making authority for community air monitoring programs while excluding certain state, federal, and permitted systems from these specific definitions.

Why it matters

The measure determines whether grassroots or independent air pollution measurements can trigger state regulatory penalties, enforcement proceedings, or permit denials for industrial facilities.

Who It Would Have Affected

Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.

Directly affected

owners or operators of sources of air emissions

Stationary sources are protected from having community-collected air monitoring data used as evidence in enforcement actions, permit decisions, or fines.

Directly affected

Department of Environmental Protection

The department is restricted from using community air monitoring data for regulatory enforcement under the Clean Air Act, issuing fines, or denying permits, and is granted new rule-making authority.

Key Facts

You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.

Frequently Asked Questions

Can community air monitoring data be used to issue a fine against an industrial facility?
No. The bill explicitly prohibits the Department of Environmental Protection from using community air monitoring data to issue a fine, penalty, or notice of violation against the owner or operator of a source of air emissions.
What information must be provided when requesting an investigation based on community air monitoring data?
The secretary must consider evidence that equipment was installed, operated, and maintained according to manufacturer and quality control guidance, device calibration history, error ranges, monitor locations, testing dates, and operator information.
Are EPA-operated monitoring systems classified as community air monitoring programs under this bill?
No. Systems operated by the secretary, the United States Environmental Protection Agency, a , or required by a permit are excluded from the definition of community air monitoring programs.

What else do you want to know?

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Where This Stands

This bill did not become law - Died at adjournment · in Senate committee.

Procedural history

4 actions
  1. Jan 14, 2026SenateCommittee
    To Government Organization
  2. Jan 14, 2026SenateIntroduced
    Introduced in Senate
  3. Jan 14, 2026SenateCommittee
    To Government Organization
  4. Jan 14, 2026SenateIntroduced
    Filed for introduction

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

Connected Entities

United States Environmental Protection Agency, West Virginia Legislature, Department of Environmental Protection and 1 more
OrganizationUnited States Environmental Protection Agency“Federal agency operating air monitoring systems excluded from community monitori”Map →
OrganizationWest Virginia Legislature“Enacting body for Senate Bill 88”Map →
OrganizationDepartment of Environmental Protection“State department restricted in its use of community air monitoring data”Map →
otherFederal Clean Air Act“Federal legislation governing criteria and hazardous air pollutants”Map →

Sources

Open source document

www.wvlegislature.gov

Analysis Score

0–100
  • Significance20
    Lowered because this bill did not pass (its text scored 65)
  • Controversy60
    Intensity of disagreement among stakeholders
  • Entertainment5
    Compellingness for a non-policy-wonk reader
  • Buzz35
    Current news / social attention level

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