Significant 2021 Legislation

Requiring DEP to issue various types of notice before issuing an air quality permit, including online, social media and print.

Sponsors: John Doyle

CWV Position: Supports

Status: Introduced 2/10/21; referred to Government Organization Committee

Requiring the Commissioner of Bureau for Public Health to conduct a public health impact assessment of any new air or water rule, or modification of an existing air or water rule, proposed by the Department of Environmental Protection. The bill also requires that the findings in the impact statement be incorporated into the proposed rule.

Sponsors: Chuck Horst, John Doyle

CWV Position:

Status: Introduced 2/10/21; referred to Health & Human Resources Committee.

Requiring a public hearing in the county where the facility is to be located, for any air quality permit application for a facility that will have an investment value of more than $25 million or be 25,000 square feet or larger in size.

Sponsors: John Doyle

CWV Position: Supports

Status: Introduced 2/10/21; referred to Workforce Development Committee

Prohibits manufacturing plants from locating within two air miles of an existing public school without the written permission of the county school board. Also requires that a majority of the school board voted to grant this permission.

Sponsors: John Doyle

CWV Position: Supports

Status: Introduced 2/10/21; referred to Workforce Development Committee

Requiring DEP to maintain an electronic submission system for the preparation, delivery, review, correction, approval, and publication of permit application data. Allowing access to the Department of Environmental Protection’s electronic submission system by all persons, as well as multiple persons involved in the submission of a specific application or other project by those persons involved in the project.

CWV Position: Supports

Status: Introduced 2/12/21; referred to Government Organization Committee

Prohibiting altering of retrofitting diesel vehicles with any device or smoke stack that enhances the vehicles capacity to emit soot or smoke, or purposefully releasing significant amounts of soot or smoke while operating the vehicle.

CWV Position:

Status: Introduced 2/23/21; referred to Technology and Infrastructure Committee

Expanding the “limit of disturbance” from a horizontal well from 650 to 1,500 feet from an occupied dwelling structure. Requires the operator set up continuous real-time monitoring of air, noise, light and dust and particulates at the residence or other point of impact and continuously monitor those parameters in real time. If any monitored parameters are exceeded more than 5 minutes in any 24 hour period, the operator is required to implement the maximum available control technology available to limit the levels.

CWV Position: Supports

Status: Introduced 2/10/21; referred to Energy & Manufacturing Committee

Among other things, creates the same expanded “limit of disturbance” and remedial obligations as HB 2074

CWV Position: Supports

Status: Introduced 2/10/21; referred to Energy & Manufacturing Committee

Requiring the Commissioner of Bureau for Public Health to conduct a public health impact assessment of any new air or water rule, or modification of an existing air or water rule, proposed by the Department of Environmental Protection. The bill also requires that the findings in the impact statement be incorporated into the proposed rule.

Sponsors: Chuck Horst, John Doyle

CWV Position:

Status: Introduced 2/10/21; referred to Health & Human Resources Committee.

Requiring DEP to maintain an electronic submission system for the preparation, delivery, review, correction, approval, and publication of permit application data. Allowing access to the Department of Environmental Protection’s electronic submission system by all persons, as well as multiple persons involved in the submission of a specific application or other project by those persons involved in the project.

CWV Position: Supports

Status: Introduced 2/12/21; referred to Government Organization Committee

Treating certain dumping of industrial waste into state waters as litter and providing specific misdemeanor and civil penalties for such dumping.

Sponsors: John Hott

CWV Position:

Status: Introduced 2/16/21; referred to Judiciary Committee

This bill would require operators to set aside plugging funds whenever a new well permit is issued and assigns responsibility as between current and former owners for plugging transferred wells that have developed leaks or have contaminated groundwater. Further, to obtain a permit for a new well an operator must plug all orphaned and abandoned wells in the area to be drained by the new well.

CWV Position: Supports

Status: Introduced 2/17/21; referred to Energy and Manufacturing Committee

This bill would change the definition of above-ground storage tanks so as to permit locating these tanks containing brine or fracking fluid within the area immediately above a public source water intake.

Sponsors: Chuck Horst

CWV Position: Opposes

Status: Introduced 2/18/21; referred to Energy and Manufacturing Committee; 2/24/21 passed out of E&M Committee but referred to Health and Human Resources Committee; passed out of Health and Human Resources Committee 3/5/21; Passed House 3/10/21; Introduced in Senate 3/12/21; referred to Judiciary Committee 3/12/21

Directs DHHR to establish maximum contaminant levels for PFAs, creates PFA Action Response Team and requires manufacturers to disclose uses of PFAs in manufacturing processes, among other things.

Sponsors: John Doyle

CWV Position: Supports

Status: Introduced 2/24/21; referred to Health and Human Resources Committee

This bill defines karst terrain, declares that drinking water derived from karst terrain involves significant risk of contamination, and requires any permit issued for activities that may affect groundwater in karst terrain to be supported by a risk assessment and a plan to contain and monitor any identified risk to groundwater.

Sponsors: John Doyle

CWV Position: Supports

Status: Introduced 3/8/21; referred to Health and Human Resources Committee

Similar in language and effect to HB 2589

CWV Position: Supports

Status: Introduced 2/19; referred to Energy, Industry and Mining Committee

Similar in language and effect to HB 2598

CWV Position: Opposes

Status: Introduced 2/23/21; referred to Judiciary Committee

Exempts coal mined or used within the borders of West Virginia from federal environmental regulation.

Sponsors: Gary G. Howell

CWV Position: Opposes

Status: Introduced 2/10/21; referred to Energy & Manufacturing Committee

Defines purchase power agreements and recites benefits of those agreements to customers. Permits customers and developers to enter into PPAs as of January 1, 2022 on terms and conditions acceptable to all parties. Requires the Public Service Commission to propose governing rules for legislative approval.

CWV Position:

Status: Introduced 2/10/21; referred to Energy & Manufacturing Committee

Encouraging solar energy development on lands formerly used for mining and certain third-party co-generation projects, providing electricity for commercial, industrial and manufacturing businesses or institutions of higher education or nonprofit organizations that are located in or will locate operations in West Virginia; authorizing the Public Service Commission to regulate the use of transmission and distribution lines to transport power from these facilities; providing that the solar operations and third-party co-generation projects are not regulated as a utility for providing electricity to these businesses; and authorizing the issuance of renewable energy certificates for renewable energy generated by eligible solar projects.

CWV Position: Supports

Status: Introduced 2/10/21; referred to Energy & Manufacturing Committee

Creates model, standardized contracts and prequalification for contractors performing energy savings work. Creates energy savings program to reduce energy use from all sources in state-owned buildings by 25% below 2020 levels by 2030, and creates benchmarking program to measure progress.

Sponsors: John Hardy, Wayne Clark

CWV Position:

Status: Introduced in House 2/23/21; referred to Energy and Manufacturing Committee 2/23/21; referred to Finance Committee 3/12/21; passed House 3/30/21; introduced in Senate 3/31/21 and referred to Government Organization Committee; referred to Finance Committee 4/6/21; passed Senate 4/10/21.

This bill exempts certain solar energy facilities located on private property from the definition of public utility and permits the power generated from these facilities to be leased or sold to the retail electric customer to meet that customer's needs through purchase power agreements. The bill creates a cap on such power generation in the territory any one public utility of 3% of the utility's aggregate customer peak demand.

CWV Position:

Status: Originated in House Judiciary Committee 3/26/21; passed House 3/31/21; introduced in Senate 4/1/21; referred to Senate Judiciary Committee 4/1/21; passed Senate 4/8/21; House concurs in Senate amendment and passed bill 4/8/21

Makes legislative findings supporting private ownership of alternative energy generating systems, and the desirability of not treating these owners as public utilities. Creates an exception to the definition of public utilities for companies owning renewable and alternative energy generation facilities located on the customer’s property and designed to meet the customer’s electrical needs that are (1) leased to the customer, or (2) the power from which is sold to the customer through a power-purchase agreement.

Sponsors: Charles Trump

CWV Position: Supports

Status: Introduced 2/10/21; referred to Economic Development Committee

The additional registration fee for alternative fuel vehicles, designed to even the cost of road maintenance among all types of vehicles, would be repealed. CWV Position: Opposes. While making alternative fuel vehicles more attractive is desirable, this bill creates environmental justice issues because it shifts the cost of road maintenance to those who may not be able to afford alternative fuel vehicles

CWV Position: Opposes

Status: Introduced 2/10/21; referred to Transportation & Infrastructure Committee

This bill would impose a 10-cent deposit on all beverages sold in containers, which would be redeemable at certified recycling centers. These centers would recycle all such containers. The State Treasurer would reimburse the recycling centers for the redemption payments plus a 3% fee. The bill also authorizes reverse vending machines that would accept containers and issue redeemable vouchers. The bill would also create a Community Litter Control Fund within DNR funded by unredeemed deposits.

Sponsors: John Doyle

CWV Position: Supports

Status: Introduced 2/10/21; referred to Workforce Development Committee

This bill would require the Director of the DNR to propose a rule, among others, limiting the harvesting of antlered deer to two per licensee.

Sponsors: John Hott

CWV Position: Supports

Status:

Prohibiting single-use polystyrene foam or hard plastic food service containers such as a cup, bowl, plate, cutlery, straw or cup lid.

CWV Position:

Status: Introduced 2/23/21; referred to Health and Human Resources Committee.

Providing procedures for the safe processing for organic waste and food waste, and requiring the DEP to promulgate rules related to implementing organic waste composting, and providing for curbside pickup of composting.

CWV Position:

Status: Introduced 3/16/21; referred to Health and Human Resources Committee

Prohibiting Natural Resources Commission from making any rule creating a bag limit for antlered deer of three or more.

CWV Position: Supports

Status: Introduced 2/17/21; referred to Natural Resources Committee

Authorizing DNRF to assess a wildlife replacement fee on operators of wind power projects that kill protected avian species, such as eagles, owls, etc.

Sponsors: Randy Smith

CWV Position:

Status: Introduced 2/23/21; referred to Natural Resources Committee

Requiring DNR to inventory and map all roads in state and national parks and forests and determine the type of motorized and nonmotorized travel currently restricted on each.

CWV Position:

Status: Introduced 2/25/21; referred to Transportation and Infrastructure Committee.

Imposing a minimum bond requirement of $150,000 for current and future large scale wind and solar installations to prevent the cost of decommissioning from being transferred to the public. Installations producing less than .5 megawatts are exempted.

Sponsors: Randy Smith

CWV Position:

Status: Introduced in Senate 3/21/21, referred to Industry and Mining Committee; referred to Senate Finance Committee 3/25/21; Passed Senate 3/30/21; Introduced in House 3/31/21, referred to Energy and Manufacturing Committee; amended on floor 4/10/21; Passed House 4/10/21; Senate concurs in House amendment 4/10/21.

Creates a new Office of Outdoor Recreation to coordinate outdoor recreation policy and land use management planning among state and federal agencies and local government entities, and to advocate for conservation of lands for a outdoor recreation uses. Creates an advisory board consisting of interested groups and industries, including one member to represent conservation interests.

CWV Position: Supports

Status: Introduced 2/10/21; referred to Economic Development Committee