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Signature Sponsor
March 16, 2026 - Below is a message from Chris Hamilton, President, West Virginia Coal Association:
The WV Legislature concluded its 60-day Regular Legislative Session on Saturday night at midnight with a number of favorable coal bills passing. However, the successful completion of those bills was clearly overshadowed by the failure of House Bill 5687 which would have reduced the severance tax on metallurgical coal.
HB 5687 reduced the severance tax on metallurgical coal from its current 5% level to 3.5% over a 3-year period. The bill failed to be adopted by both chambers before midnight Saturday. The bill was amended by Senate Finance Committee last week by adding a reduction in severance tax for new gas wells which effectively expanded the fiscal impact of the amended legislation from the coal alone fiscal note of $14 million the first year to nearly $40 million. The Legislation was volleyed between the House and Senate late Saturday to no avail.
Looking beyond the disappointment of HB 5687 not making it across the finish line, several of the Association’s priority bills were passed by both Houses including legislation addressing Co-tenancy, Above Ground Storage Tanks, Flood Control Structures, Reorganization of State Energy Division, Underground Face Ventilation, Innovative Mine Safety Tax Credit, Disaster Cleanup Reimbursement, and DEP's Rules Package (Selenium).
Below please find a summary of “coal” Legislation that passed during the 2026 Legislative Session commencing on January 14 and concluding on March 14.
SB 686, creating a co-tenancy development program for the coal industry. A copy of the bill is available at https://www.wvlegislature.gov/ and the legislative history and tracking of the bill can be viewed at https://www.wvlegislature.gov/
SB 641, amending the state’s Aboveground Storage Tank Act. The bill exempts certain tanks at coal mining operations from certain provisions of the AST law. A copy of the bill is available at https://www.wvlegislature.gov/ and the legislative history and tracking of the bill can be viewed at https://www.wvlegislature.gov/
HB 5364, removing 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 bill can be viewed here https://www.wvlegislature.gov/ and the tracking for the bill is available at https://www.wvlegislature.gov/
SB 1042, conforming certain provisions of the state’s underground mine ventilation law to corresponding federal standards by requiring a minimum of 3,000 cfms of air where extraction, loading or drilling coal is performed. A copy of the bill is available at https://www.wvlegislature.gov/ The legislative tracking of the bill can be viewed at https://www.wvlegislature.gov/
SB 622 extending the Innovative Mine Safety Tax Credit program which provides a 50% tax credit for purchasing qualifying mine safety appliances and technologies. https://www.wvlegislature.gov/
HB 5381, which reorganizes the West Virginia Division of Energy and the Office of Coalfield Development. The revised legislation places greater emphasis on baseload electric generation and reduces opportunities for renewable energy. A copy of the bill is available at https://www.wvlegislature.gov/ The legislative history of the bill can be found at https://www.wvlegislature.gov/
SB 1008, which addresses a statute of limitations for silica and asbestos injury litigation for mining-related equipment manufacturers. A copy of the bill can be found at https://www.wvlegislature.gov/ and the bill’s history can be viewed at https://www.wvlegislature.gov/
SB 243 creating a limited severance tax credit for coal companies assisting in natural disaster recovery efforts for coal and gas operators. A copy of the bill is available at https://www.wvlegislature.gov/ and its legislative history can be viewed at 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 support 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 passed both Houses and is awaiting the Governor’s signature. https://www.wvlegislature.gov/
The Governor has 15 days to sign or act on Engrossed Legislation so we will keep you apprised of subsequent actions or developments. In the meantime, please give one of us a call for questions or more information.
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