 
|
Signature Sponsor
March 6, 2026 - Below is a message from Chris Hamilton, President, West Virginia Coal Association: On Wednesday, several of the Association’s priority bills were passed by their chambers of origination, clearing a legislative deadline. Bills had to be passed by their chamber of introduction yesterday to “survive” crossover day.
The last of week of the Regular Session beings on Monday. The Legislature will adjourn at midnight, Saturday March 14.
HB 5687 would reduce the current coal severance tax on metallurgical coal production from 5% to 3% in ½ percent increments. https://www.wvlegislature.gov/
SB 420, which would establish additional monitoring and oversight of the state’s coal fired power plants along with requiring the West Virginia Public Service Commission and West Virginia Public Energy Authority to develop rules to implement criteria surrounding the 69% operating capacity factor. A copy of the bill can be found at https://www.wvlegislature.gov/
SB 686, that would create a co-tenancy development program for the coal industry is on third reading in the Senate today and is expected to pass that chamber later today. A copy of the bill is available at https://www.wvlegislature.gov/
SB 641, which would amends the state’s Aboveground Storage Tank Act, The bill, originally intended to exempt oil and gas industry tanks from certain provisions of the AST law, was amended in the Senate’s Energy, Industry and Mining Committee earlier this week to specifically exempt coal mining industry tanks are not classified as “Level One” tanks from AST law and regulations. The Senate passed the bill by a vote of 24-9 (one absent). https://www.wvlegislature.gov/ A copy of the bill is available at https://www.wvlegislature.
SB 894, which removes the authority of local conservation districts over flood control structures and transfers that ownership and responsibility to the West Virginia Conservation Agency. The bill also clarifies that any of those structures are subject solely to the regulation and authority of WV DEP’s dam safety program with respect to modifications or alternations. The Senate adopted technical amendments and passed the bill by a vote of 29-4 (one absent) https://www.wvlegislature.gov/
The status of other important legislation is provided below:
SB 1042, which would conform certain provisions of the state’s underground mine ventilation law to corresponding federal standards has already passed the Senate and is currently pending in the House Energy & Public Works Committee. A copy of the bill is available at https://www.wvlegislature.gov/
SB 622 extending the Innovative Mine Safety Tax Credit program has already passed the Senate and is pending in the House Finance Committee. https://www.wvlegislature.gov/
HB 5381, which reorganizes the West Virginia Division of Energy and the Office of Coalfield Development has been passed by the House of Delegates and referred to the Senate. The bill was amended by the House, preserving the Office of Coalfield Development and expanding the power and duties of the Public Energy Authority with respect to oversight of the state’s coal fired power plants. A copy of the bill is available at https://www.wvlegislature.gov/
SB 1008, which addresses a statute of limitations for silica and asbestos injury litigation for mining-related equipment manufacturers has passed the Senate and is pending committee reference in the House of Delegates. A copy of the bill can be found at https://www.wvlegislature.gov/
SB 243, which creates a limited severance tax credit for coal companies assisting in natural disaster recovery efforts has passed the Senate and is currently pending in the House Energy & Public Works Committee. A copy of the bill is available at https://www.wvlegislature.gov/
SB 15 protecting coal reserves from underground carbon sequestration drilling was passed by the Senate and sent to the House of Delegates, where it is pending in the House Energy & Public Works Committee https://www.wvlegislature.gov/
The West Virginia Department of Environmental Protection’s administrative rule package, SB 256, which would revise the state’s fish-tissue water quality standard for selenium, has passed the Legislature and has been approved by Governor Morrisey. WV DEP is currently working with the Association to compile the administrative record and supporting rationale package for submission to the federal Environmental Protection Agency for approval. https://www.wvlegislature.gov/
The West Virginia Department of Commerce rule package, SB 374, which contains rule changes advanced by West Virginia Office of Miners’ Health, Safety & Training has completed the legislative process and is awaiting approval by the Governor. https://www.wvlegislature.gov/ |
|