December 24, 2025 - Below is a message from Chris Hamilton, President, West Virginia Coal Association:

Here for your immediate review is a set of comments from the Association in response to the state’s request for comments on its proposed 25-year Energy Plan and Governor Morisey’s plan to create 50 gigawatts of state electricity generation by 2025. 

Comments on the state’s energy plant are due by December 26 so please let Jason or I know if you have any corrections, additions, or edits to our draft comments.

Below please find the Association’s Legislative Priorities for the upcoming 2026 Regular Legislative Session commencing on January 14. Please look these over and let us know if they align with your priorities and whether other topics should be included.  We plan to use our energy plan comments as the narrative in support of our Legislative priorities.

Beginning on Thursday, January 22, we will be sponsoring weekly Legislative Receptions at the Shriner’s Temple adjacent to the Charleston Coliseum and Conference Center from 5:00 pm to 7:00 pm.  All WVCA Members are encouraged to join us for these events.

Please let us know if you have any questions or need additional information.

Have a Merry Christmas and Happy New Year!

WVCA 2026 Legislative Issues

1. Infrastructure and Production Tax Credit. Legislation has advanced over the past several years to provide a 50% tax credit against severance tax for infrastructure improvements i.e. roadways, shafts and slope development and purchases of qualifying production equipment. (Legislation during 2025 Regular Legislative Session was SB 448 & HB 2716.) (Adjust % of credit from 50% to 25%). 

2. Lower Severance Tax on "Met" Coal to 3%. This legislation purports to lower severance tax on met coal from 5% to 3%.  The severance tax on steam or thermal coal was previously lowered from 5% to 3% and phased in over a three-year period. 

3. Co-Tenancy Legislation.  Diverse mineral ownership in advance of underground mining has emerged as problematic where hundreds of (absentee) Aires hold ownership to small parcels. The inability to contact all the parties potentially serves to complicate mine design and mine development in a timely manner.

4. Data Center Incentives for Using Coal-fired Power. WVCA Legislation last year (SB 583 and HB 3137) incentivized energy users to locate facilities near existing power generators i.e. West Virginia’s two major utilities.  Incentives include B&O Tax decrease for Utility and salvage value on data center components. NOTE: The purpose of this bill is to create economic incentives for data centers to locate within the state and further stimulate the state's economy by relying on locally sourced coal-generated electricity. The bill provides salvage value treatment for personal property used by qualifying data centers; an exemption from the B&O tax for all coal-generated electricity sold to qualifying data centers; and provides a sales tax exemption for all personal property sold to and used in the construction or maintenance of a qualifying data center. 

5. State Coking Facilities.  This legislation requires Commerce Department and Economic Development Agencies to develop sites around the state to accommodate new coking facility.  Legislation was advanced during 2025 Regular Legislative Session SB 687 & HB 2993 were introduced to accomplish the same. 

6. District Conservancy. (Repeal/Eliminate Funding) 

7. Mine Safety Innovation Technology Tax Credit. The Mine Safety Technology Tax Credit was enacted in 2010 to provide incentives to purchase mine safety technologies.  The Act sunsets or expires December 31, 2025 and should be reenacted. Provides for a 50% tax credit against corporate net for purchases of qualifying safety purchases approved by the mine safety director. 

8. Coal Renaissance Resolution. During the 2025 Regular Legislative Session, Senate Concurrent Resolution 18  “West Virginia Coal Renaissance Act of 2025” was introduced and passed the Senate but died in the House. SB 18 identified the Executive Orders and actions of the Trump Administration to revitalize the coal industry following 4 years of the previous administration trying to suppress coal and transition away form fossil energy generally. 

9. Coal Renaissance Legislation. During the  2025 Regular Legislative Session, SB 902 was introduced as a companion piece of legislation to SCR 18. NOTE: The purpose of this bill is to set operational capacity requirements for electric utility generators and units, require the maintenance of 45 days' worth of base fuel supply, list required actions for power-generating utilities, and actions required of the Public Service Commission. 

10. Office of Coalfield Community Development. Address funding and clarify lobbying expenditures. 

11. WV Office of Miners’ Health, Safety & Training. Restructure the WV Office of Miners’ Health, Safety and Training so it becomes more involved with miner training, certification, accident Investigation, mine rescue and mine emergency operations.