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 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 1/12/22; referred to Government Organizations Committee, then Judiciary

This bill seeks to encourage development, transportation and use of electricity generated using West Virginia natural gas. It directs the Economic Development Authority to identify sites for generating facilities, and for timely decisions on construction by the Air Quality Board.

CWV Position:

Status: Introduced 1/11/23, referred to Energy and Manufacturing, then Government Organizations

This bill would authorize consumers to buy shares in a community solar installation and reap proportionate credits against their utility bills. Rulemaking and administration by the Public Service Commission.

CWV Position: Supports

Status: Introduced 1/11/23, referred to Energy and Manufacturing, then Judiciary

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 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 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.

CWV Position:

Status: Introduced 1/12/22; referred to Health and 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

This bill completely repeals §17A-10-3c of the Code, which imposes higher registration fees for alternate fuel vehicles that use less gas and pay correspondingly less tax to support highway maintenance.

CWV Position:

Status: Introduced 1/11/23, referred to Finance 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

Creates a misdemeanor punishing installation of any device on a diesel powered vehicle that increases the vehicle's capacity to emit soot, smoke or other particulate emissions.

CWV Position: Supports

Status: Introduced 1/11/23, referred to Technology and Infrastructure then Judiciary

This bill would provide the Public Service Commission the authority to require electric utilities to develop and implement plans for the efficient use, conservation and reduction of electricity usage. The bill sets forth goals to achieve electricity savings. The bill also requires electric utilities to submit plans for reaching those goals. The bill also provides for a self-direct option for large electricity customers.

CWV Position: Supports

Status: Introduced 1/17/23, referred to Technology and Infrastructure, then Judiciary

This bill would change the method of calculating a rebate to customers generating their own electricity, relieve the Public Service Commission of the obligation to investigate net metering by looking at rules in other States, and require customer generators to comply with several national codes.

CWV Position:

Status: Introduced 1/17/23, referred to Energy and Manufacturing, then Judiciary

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

This bill would direct the Public Service Commission West Virginia Public Energy Authority to (1) permit expedited recovery of costs to install pollution control equipment at coal-fired plants, (2) take steps to ensure that the 2019 levels of coal consumption by these plants are maintained, and (3) require each plant to have a 90-day supply of coal. Before any coal-fired plant could shut down, close, or be sold, the unanimous approval of several agencies and the Legislature's Joint Committee on Government and Finance must be obtained.

CWV Position: Opposes

Status: Introduced 1/12/22; referred to Energy Committee

This bill would remove the power from municipalities and county commissions to prohibit all terrain vehicles from paved roads.

CWV Position:

Status: Introduced 1/23/23, referred to Political Subdivisions, then Technology & Infrastructure

Establishing an orderly and comprehensive planning and review process for evaluating and developing renewable energy sources for power generation that will employ West Virginians and transition to a post-coal economy. Renewables include solar, wind, hydro, geothermal, and others. The bill establishes achievable targets for diversifying West Virginia’s energy production utilizing West Virginia resources. It authorizes a study commission to monitor progress towards achieving those goals.

Sponsors: John Doyle

CWV Position: Supports

Status: Introduced 1/12/22; referred to Energy and Manufacturing Committee

This bill seeks to prevent orphan wells by prohibiting the issuance of well permits unless the applicant provides "plugging assurance." Plugging assurance must also be provided by owners of wells not producing in paying quantities. Plugging assurance is provided by a bond, a cash payment, or an escrow account in the actual amount needed to plug a well as determined by the Office of Oil & Gas

CWV Position: Supports

Status: Introduced 1/11/23, referred to Energy, Industry & Mining then to Finance

The bill would repeal WV Code 17a-10-3c imposing additional registration fees for hybrid and electric vehicles.

CWV Position:

Status: Introduced 1/12/22; referred to Transportation and Infrastructure Committee, then Finance Committee

The purpose of this bill is to repeal the law that bans construction of nuclear power plants. Similar in effect to HB 2882.

CWV Position: Opposes

Status: Introduced 1/12/22; referred to Economic Development Committee; 1/24/22 to Senate on second reading; 1/28/22 sent to House for second reading; passed by House sent to Governor; 2/8/22 approved by Governor.

Currently, the Office of Oil & Gas has too few inspectors and is funded only by a $100 fee paid by an operator at the time of permit application. This bill would require that a $100 fee be paid by the operator annually on all wells that have not been plugged.

CWV Position: Supports

Status: Introduced 1/11/23, referred to Energy & Manufacturing then to Finance

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

This bill increases the limit of disturbance to 1500 feet from an occupied dwelling, imposes a real-time air, noise, dust and particulate monitoring obligation on the well operator, and requires consideration of the surface property's highest and best use, not actual use, when figuring compensation for reduction in value.

CWV Position: Supports

Status: Introduced 1/12/22; referred to Energy and Manufacturing Committee, then Judiciary 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 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 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.

CWV Position:

Status: Introduced 1/12/22; referred to Health and 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: William Ridenour

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. A floor amendment in the House shifted inspection of tanks completely to tank owners.

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;

This bill exempts tanks containing brine or other fluids used in hydrocarbon production of 210 barrels or less located in the zone of critical concern nearest to drinking water intakes from inspection by the DEP. Inspection responsibility would be shifted entirely to the tank owners.

Sponsors: Chuck Horst

CWV Position: Opposes

Status: Introduced 1/12/22, referred to Energy and Manufacturing Committee; 2/10/22 committee substitute bill; 2/14/22 House floor amendment; 2/15/22 passed House and sent to Senate; introduced in Senate 2/16/22, referred to Energy, Industry and Mining Committee; tabled

The purpose of this bill is to provide stable and adequate funding to the Office of Oil and Gas of the DEP in order to oversee oil and gas wells' compliance with the law for the life of the wells. The Office currently is only funded by one-time fees generated by the applications for the permits for initial drilling of a well. It only has a reduced staff of 25 including only one inspector for every 5000 wells. The bill provides the funding by requiring an annual oversight fee of $100 for each well that is to be used for the functions of the Office of Oil and Gas with any excess to be used to plug orphaned wells.

CWV Position: Supports

Status: Introduced 1/12/22; referred to Energy Committee

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 seeks to prevent orphan gas and oil wells by requiring a fee paid into an escrow set-aside fund for each well as a condition of receiving a drilling permit. The fee would be based on consideration by the Office of Oil & Gas of several factors, including the actual cost of plugging, the well production schedule and market conditions.

CWV Position: Supports

Status: Introduced 1/20/23, referred to Energy & Manufacturing then Judiciary

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

The bill requires the DEP to identify and address PFAS sources impacting public water systems; requires facilities that have recently used PFAS chemicals to report their use to DEP, requires permits to be updated to require monitoring of PFAS chemicals for facilities that report their use; and requires DEP to propose rules to adopt water quality criteria for certain PFAS chemicals after they are finalized by the USEPA.

Sponsors: Chuck Horst, John Hardy, Wayne Clark, Rick Hillenbrand

CWV Position: Supports

Status: Introduced 1/31/23, referred to Energy and Manufacturing, then Judiciary

Requires an operator to provide plugging money escrow funds when applying for new permits or when transferring ownership of a well. No new well permit would be issued to an operator of other wells that have not been in use for 12 consecutive months unless the operator provides certain assurances or places plugging funds into escrow. Plugging money must be set aside by operators of producing wells. In order to obtain a permit to drill a new well, the driller must agree to plug all orphaned wells in the leased area that will be drained by the new drilling.

CWV Position: Supports

Status: Introduced 1/12/22; referred to Energy and Manufacturing Committee, then Judiciary

The bill directs the DHHR to propose maximum contaminant levels or treatment techniques for certain PFAS pollutants; creates the West Virginia PFAS Action Response Team to act as an advisory body within DEP; requires reports from facilities using certain PFAS chemicals; requires the DEP to propose updates to the numeric Public Water Supply human health criteria; and requires the Secretaries of DEP and DHHR to promulgate legislative rules.

Sponsors: John Doyle

CWV Position: Supports

Status: Introduced 1/12/22; referred to Health and Human Resources Committee, then Judiciary

This bill creates a structure for the development of geothermal energy in West Virginia by identifying geothermal energy as a “different resource” than other mineral resources and declaring that that no mineral estate will include geothermal energy unless specifically contained in the deed. The jurisdiction over geothermal energy is placed with the DEP to develop a permitting program for geothermal drilling and exploration and rules governing the use of spent geothermal fluid.

CWV Position: Supports

Status: Introduced 1/17/22; referred to Energy and Manufacturing Committee, then to Judiciary; referred to House Judiciary 1/27/22; passed out of Judiciary to the full House 2/7/22; introduced in Senate 2/11/22, referred to Energy Industry and Mining Committee, then Judiciary 2/11/22

This bill seeks to prevent orphan wells by prohibiting the issuance of well permits unless the applicant provides "plugging assurance." Plugging assurance must also be provided by owners of wells not producing in paying quantities. Plugging assurance is provided by a bond, a cash payment, or an escrow account in the actual amount needed to plug a well as determined by the Office of Oil & Gas

CWV Position: Supports

Status: Introduced 1/11/23, referred to Energy, Industry & Mining then to Finance

This bill would impose a additional $100 annual fee on gas wells that are otherwise subject to fees at the time of permit application, but that produce 10,000 cubic feet per day.

CWV Position: Supports

Status: Introduced 1/11/23, referred to Energy, Industry & Mining

This bill would improve the safety requirements for participants younger than 17, would enlarge the period of stream adoption to 3 years from the current 1 year, and require at least one clean-up per year.

Sponsors: Charles Trump, Jack Woodrum, Bill Hamilton

CWV Position: Supports

Status: Introduced 1/11/23, committee reference dispensed with, passed Senate unanimously 1/11/23, sent to House, referred to Government Organizations; passed House with amendment 1/27/23; Senate concurs in House amendment; sent to Governor 2/2/23

This bill would approve changes to the human drinking water quality standards, weakening some and strengthening others. It also changes the review process for future changes in the standards by assigning the sole approval authority to the DEP without legislative review.

CWV Position: Opposes

Status: Introduced in Senate 1/17/2022, referred to Judiciary Committee; passed Senate 1/31/22; referred to House Judiciary committee 2/1/22; passed House 2/11/22; Approved by Governor 2/21/2022

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

This bill would require operators to make financial assurances for plugging before 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.

Sponsors: Randy Smith

CWV Position: Supports

Status: Introduced 1/12/22; referred to Energy, Industry and Mining Committee

This bill would change the definition of above-ground storage tanks so as to permit locating tanks of 210 barrels or less containing brine or fracking fluid within the zone of critical concern immediately above a public source water intake.

CWV Position: Opposes

Status: Introduced 1/12/22; referred to Judiciary Committee

The purpose of this bill is to authorize local units of government to adopt local energy efficiency partnership programs and to create districts to promote the use of energy efficiency improvements by owners of certain real property; to provide for the financing of such programs through voluntary property assessments, commercial lending, and other means; to authorize a local unit of government to issue bonds.

CWV Position: Supports

Status: Introduced 1/11/23; referred to Government Organization, then Finance Committees

This bill seeks to encourage development, transportation and use of electricity generated using West Virginia natural gas. It directs the Economic Development Authority to identify sites for generating facilities, and for timely decisions on construction by the Air Quality Board.

CWV Position:

Status: Introduced 1/11/23, referred to Energy and Manufacturing, then Government Organizations

This bill would authorize consumers to buy shares in a community solar installation and reap proportionate credits against their utility bills. Rulemaking and administration by the Public Service Commission.

CWV Position: Supports

Status: Introduced 1/11/23, referred to Energy and Manufacturing, then Judiciary

This bill limits the number of permits to construct wind power installations generally in West Virginia; provides that for each new wind powered facility built in West Virginia, there is an offset in the amount of taxes paid by new and existing coal fired power plants; and ensures that coal remains the primary source of power in West Virginia during emergency weather events.

CWV Position: Opposes

Status: Introduced 1/11/23, referred to Energy & Manufacturing

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

The purpose of this bill is to authorize local units of government to adopt local energy efficiency partnership programs and to create districts to promote the use of energy efficiency improvements by owners of certain real property. The bill provides for the financing of such programs through voluntary property assessments, commercial lending, and other means, and authorizes a local unit of government to issue bonds to fund the partnerships.

CWV Position:

Status: Introduced 1/12/22; referred to Government Organization Committee, then Finance

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: Supports

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

This bill completely repeals §17A-10-3c of the Code, which imposes higher registration fees for alternate fuel vehicles that use less gas and pay correspondingly less tax to support highway maintenance.

CWV Position:

Status: Introduced 1/11/23, referred to Finance Committee

This bill rejects the authority of the federal government to regulate the mining and processing of coal occurring exclusively within the borders of West Virginia, and establishes that authority in the West Virginia Department of Environmental Protection.

Sponsors: Gary G. Howell

CWV Position: Opposes

Status: Introduced 1/11/23, referred to Energy and Manufacturing, then Judiciary

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

This bill would provide the Public Service Commission the authority to require electric utilities to develop and implement plans for the efficient use, conservation and reduction of electricity usage. The bill sets forth goals to achieve electricity savings. The bill also requires electric utilities to submit plans for reaching those goals. The bill also provides for a self-direct option for large electricity customers.

CWV Position: Supports

Status: Introduced 1/17/23, referred to Technology and Infrastructure, then Judiciary

This bill would change the method of calculating a rebate to customers generating their own electricity, relieve the Public Service Commission of the obligation to investigate net metering by looking at rules in other States, and require customer generators to comply with several national codes.

CWV Position:

Status: Introduced 1/17/23, referred to Energy and Manufacturing, then Judiciary

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 would direct the Public Service Commission West Virginia Public Energy Authority to (1) permit expedited recovery of costs to install pollution control equipment at coal-fired plants, (2) take steps to ensure that the 2019 levels of coal consumption by these plants are maintained, and (3) require each plant to have a 90-day supply of coal. Before any coal-fired plant could shut down, close, or be sold, the unanimous approval of several agencies and the Legislature's Joint Committee on Government and Finance must be obtained.

CWV Position: Opposes

Status: Introduced 1/12/22; referred to Energy Committee

The purpose of this bill is to provide stable and adequate funding to the Office of Oil and Gas of the DEP in order to oversee oil and gas wells' compliance with the law for the life of the wells. The Office currently is only funded by one-time fees generated by the applications for the permits for initial drilling of a well. It only has a reduced staff of 25 including only one inspector for every 5000 wells. The bill provides the funding by requiring an annual oversight fee of $100 for each well that is to be used for the functions of the Office of Oil and Gas with any excess to be used to plug orphaned wells.

CWV Position: Supports

Status: Introduced 1/12/22; referred to Energy Committee

The purpose of this bill is to authorize local units of government to adopt local energy efficiency partnership programs and to create districts to promote the use of energy efficiency improvements by owners of certain real property; to provide for the financing of such programs through voluntary property assessments, commercial lending, and other means; to authorize a local unit of government to issue bonds.

CWV Position: Supports

Status: Introduced 1/12/22; referred to Government Organization, then Finance Committees

This bill would create a taskforce of industry and environmental group representatives to plan the future of any clean hydrogen projects in West Virginia

CWV Position: Supports

Status: Introduced 1/19/23, referred to Energy & Manufacturing

This bill would encourage solar energy development on lands formerly used for mining and certain third-party co-generation projects, to provide 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 1/19/23, referred to Energy and Manufacturing then Judiciary

This bill seeks to prevent orphan gas and oil wells by requiring a fee paid into an escrow set-aside fund for each well as a condition of receiving a drilling permit. The fee would be based on consideration by the Office of Oil & Gas of several factors, including the actual cost of plugging, the well production schedule and market conditions.

CWV Position: Supports

Status: Introduced 1/20/23, referred to Energy & Manufacturing then Judiciary

Seeks to repeal the limited ban on nuclear power in WV, which requires a showing (1) that there is a national facility that safely and permanently disposes of nuclear waste and has operated for 24 months, (2) that the construction of the new nuclear facility will be economically feasible for West Virginia rate payers, and (3) the proposed facility will comply with all applicable environmental protection laws.

CWV Position: Opposes

Status: Introduced 1/12/22; referred to Energy Committee; 1/21/22 referred to Government Organization Committee; 1/28/22 referred out to House on second reading; second reading 2/7/22

This bill would remove the power from municipalities and county commissions to prohibit all terrain vehicles from paved roads.

CWV Position:

Status: Introduced 1/23/23, referred to Political Subdivisions, then Technology & Infrastructure

The purpose of this bill is to limit the number of permits to construct wind power projects, wind power farms, or “windmills” for power to two per year, to provide that for each new wind powered facility built in West Virginia, there must be an offset in the amount of taxes paid by new and existing coal fired power plants. The bill also seeks to ensure that coal remains the primary source of power in West Virginia during emergency weather events.

CWV Position: Opposes

Status: Introduced 1/12/22; referred to Energy and Manufacturing Committee

Establishing an orderly and comprehensive planning and review process for evaluating and developing renewable energy sources for power generation that will employ West Virginians and transition to a post-coal economy. Renewables include solar, wind, hydro, geothermal, and others. The bill establishes achievable targets for diversifying West Virginia’s energy production utilizing West Virginia resources. It authorizes a study commission to monitor progress towards achieving those goals.

Sponsors: John Doyle

CWV Position: Supports

Status: Introduced 1/12/22; referred to Energy and Manufacturing Committee

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

This bill creates a structure for the development of geothermal energy in West Virginia by identifying geothermal energy as a “different resource” than other mineral resources and declaring that that no mineral estate will include geothermal energy unless specifically contained in the deed. The jurisdiction over geothermal energy is placed with the DEP to develop a permitting program for geothermal drilling and exploration and rules governing the use of spent geothermal fluid.

CWV Position: Supports

Status: Introduced 1/17/22; referred to Energy and Manufacturing Committee, then to Judiciary; referred to House Judiciary 1/27/22; passed out of Judiciary to the full House 2/7/22; introduced in Senate 2/11/22, referred to Energy Industry and Mining Committee, then Judiciary 2/11/22

This bill would require agreements between West Virginia landowners and outside firms limiting development on that land for carbon offset purposes to register the agreements with the WV Tax Commissioner. It declares it the public policy of the state to encourage land development and timber harvesting. It limits carbon offset agreements that would impede that development to 40 years.

Sponsors: Gary G. Howell, Wayne Clark

CWV Position: Opposes

Status: Introduced 2/1/22, referred to Energy and Manufacturing committee, then Finance; Committee substitute introduced 2/8/11; substitute bill passed out of committee 2/9/22; first reading 3/12/22

The purpose of this bill is to establish a new legal and regulatory framework for drilling of injection wells and operation of facilities for the underground sequestration of injected carbon dioxide and for the state to pursue primacy authorization for oversight and enforcement of laws for underground carbon dioxide sequestration. The bill creates safety requirements for all sequestration of carbon injected into underground cavities and establishes liability for accidents.

Sponsors: William Ridenour, Wayne Clark

CWV Position:

Status: Introduced 1/31/22; referred to Energy and Manufacturing Committee, then Judiciary; committee substitute 2/21/22; passed House 2/24/22; no committee referral; passed Senate 3/1/22; sent to Governor 3/17/22

This bill seeks to prevent orphan wells by prohibiting the issuance of well permits unless the applicant provides "plugging assurance." Plugging assurance must also be provided by owners of wells not producing in paying quantities. Plugging assurance is provided by a bond, a cash payment, or an escrow account in the actual amount needed to plug a well as determined by the Office of Oil & Gas

CWV Position: Supports

Status: Introduced 1/11/23, referred to Energy, Industry & Mining then to Finance

This bill authorizes the leasing and development of state-owned "pore spaces" underlying state forests, natural and scenic areas and wildlife management areas for the purpose of carbon sequestration. State parks are excluded. Leasing would be to the highest auction bidder. The Director of DNR can award leases without competitive bidding under certain circumstances.

Sponsors: Charles Trump, Craig Blair, Bill Hamilton, Jason Barrett, Robert Karnes, Patricia Rucker

CWV Position: Opposes

Status: Introduced 1/12/23, committee reference dispensed with, passed Senate unanimously 1/12/23, sent to House, referred to Judiciary, passed with amendment and made effective from passage 1/19/23; approved by Governor 1/24/23

This bill would direct all state agencies to streamline their procedures to make the generation of electricity from natural gas easier, and direct the Secretary of Economic Development to locate appropriate sites for the construction of generating plants, providing several criteria. It would set time limits to expedite any application for a siting certificate before the PSC and other permits required for the construction of a generating facility.

Sponsors: Charles Trump

CWV Position:

Status: Introduced 1/13/23; referred to Economic Development; committee substitute bill 1/26/23; passed Senate 2/1/23; sent to House 2/1/23

The bill would repeal WV Code 17a-10-3c imposing additional registration fees for hybrid and electric vehicles.

CWV Position:

Status: Introduced 1/12/22; referred to Transportation and Infrastructure Committee, then Finance Committee

This bill would impose a replacement cost upon operators of wind power projects where protected bird species are killed in turbines and other machinery.

Sponsors: Randy Smith, Patricia Rucker

CWV Position: Supports

Status: Introduced 1/11/23, referred to Agriculture & Natural Resources, then Finance

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 purpose of this bill is to repeal the law that bans construction of nuclear power plants. Similar in effect to HB 2882.

CWV Position: Opposes

Status: Introduced 1/12/22; referred to Economic Development Committee; 1/24/22 to Senate on second reading; 1/28/22 sent to House for second reading; passed by House sent to Governor; 2/8/22 approved by Governor.

This bill would require operators to make financial assurances for plugging before 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.

Sponsors: Randy Smith

CWV Position: Supports

Status: Introduced 1/12/22; referred to Energy, Industry and Mining 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

Currently, the Office of Oil & Gas has too few inspectors and is funded only by a $100 fee paid by an operator at the time of permit application. This bill would require that a $100 fee be paid by the operator annually on all wells that have not been plugged.

CWV Position: Supports

Status: Introduced 1/11/23, referred to Energy & Manufacturing then to Finance

Currently, gas wells may not be located within 650 feet of an occupied dwelling structure. This bill would expand the restricted area to 2,500 feet.

CWV Position: Supports

Status: Introduced 1/11/23, referred to Energy and Manufacturing

This bill defines and creates classes of e-bicycles and provides that they have the same privileges as non-electric bicycles where those vehicles are allowed. The stated purpose is to facilitate access to public lands for disabled people.

CWV Position: Supports

Status: Introduced /11/23, referred to Natural Resources then Judiciary

This bill authorizes the use by the Commissioner of Agriculture of federal grants for the purposes defined therein, but directs that one such purpose shall be small grants to develop gardening and horticultutral habits that protect large pollinators.

CWV Position: Supports

Status: Introduced 1/11/23, referred to Agriculture and Natural Resources then Finance.

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

The purpose of this bill is to require the use of returnable containers for soft-drinks, soda water, carbonated natural or mineral water, other nonalcoholic carbonated drinks and for beer, ale, or other malt drinks of any alcoholic content and for certain other beverage containers; to require the use of unredeemed bottle deposits.

Sponsors: John Doyle

CWV Position: Supports

Status: Introduced 1/12/22; referred to Workforce Development Committee

This bill would improve the safety requirements for participants younger than 17, would enlarge the period of stream adoption to 3 years from the current 1 year, and require at least one clean-up per year.

CWV Position: Supports

Status: Introduced 1/11/23, referred to Government Organizations

This bill defines e-bicycles, creates a new category of e-bicycles, and establishes that they may be used wherever regular bicycles are permitted.

CWV Position:

Status: Introduced 1/11/23, referred to Agriculture and Natural Resources, then Judiciary

The purpose of this bill is to reduce the adverse environmental impact of polystyrene food containers by prohibiting a food establishment from dispensing prepared food to a customer in a one-use polystyrene food service container.

CWV Position: Supports

Status: 1/11/23, to Health and Human Services then Judiciary

This bill would provide a safe process for organic waste composting and require the DEP to promulgate related rules implementing organic waste composting, and providing for curbside pickup of composting.

CWV Position: Supports

Status: Introduced 1/11/23, referred to Health and Human Resources then Government Organization

This bill would require the Director of DNR to propose rules for the taking of antlered deer, to include a limit of two per licensee.

Sponsors: John Hott

CWV Position: It is unclear what impact, if any, this bill would have on the competing conservation interests.

Status: Introduced 1/11/23, referred to Agriculture and Natural Resources

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: William Ridenour

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.

The purpose of this bill is to provide stable and adequate funding to the Office of Oil and Gas of the DEP in order to oversee oil and gas wells' compliance with the law for the life of the wells. The Office currently is only funded by one-time fees generated by the applications for the permits for initial drilling of a well. It only has a reduced staff of 25 including only one inspector for every 5000 wells. The bill provides the funding by requiring an annual oversight fee of $100 for each well that is to be used for the functions of the Office of Oil and Gas with any excess to be used to plug orphaned wells.

CWV Position: Supports

Status: Introduced 1/12/22; referred to Energy Committee

This bill would redefine the categories of allowable e-bike, allow lesser powered e-bikes to be operated wherever regular bicycles are allowed and restrict the use of high powered e-bikes. All this to bring West Virginia law better in line with federal law.

CWV Position:

Status: Introduced 1/17/23, referred to Economic Development and Tourism, then Judiciary; to Judiciary 1/26/23

This bill would encourage solar energy development on lands formerly used for mining and certain third-party co-generation projects, to provide 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 1/19/23, referred to Energy and Manufacturing then Judiciary

This bill would require the erection of cameras by counties in high litter areas and the prosecution of litter cases by county magistrates.

CWV Position:

Status: Introduced 1/19/23, referred to Judiciary then Finance

This bill seeks to prevent orphan gas and oil wells by requiring a fee paid into an escrow set-aside fund for each well as a condition of receiving a drilling permit. The fee would be based on consideration by the Office of Oil & Gas of several factors, including the actual cost of plugging, the well production schedule and market conditions.

CWV Position: Supports

Status: Introduced 1/20/23, referred to Energy & Manufacturing then Judiciary

Seeks to repeal the limited ban on nuclear power in WV, which requires a showing (1) that there is a national facility that safely and permanently disposes of nuclear waste and has operated for 24 months, (2) that the construction of the new nuclear facility will be economically feasible for West Virginia rate payers, and (3) the proposed facility will comply with all applicable environmental protection laws.

CWV Position: Opposes

Status: Introduced 1/12/22; referred to Energy Committee; 1/21/22 referred to Government Organization Committee; 1/28/22 referred out to House on second reading; second reading 2/7/22

This statute would do too much to summarize adequately. It replaces current statutes regarding licensing of radon testers and laboratories. It adds a new statute regarding periodic testing of x-ray machines. It adds a statute on radon prevention in new school construction. It adds a Radiation Control Act which would bring state regulation into line with the federal government and many other states. The bill would promote the uses of radioactive material in the state for peaceful purposes. It would not apply to any facilities regulated by the federal Nuclear Regulatory Commission. The DEP is designated as the State Radiation Control Agency, with a a lengthy list of duties and rulemaking responsibility. The DEP is given eminent domain authority to acquire land for ionizing radiation control projects, and to convey this land to private commercial interests for scientific facilities and "nuclear storage areas." The DEP would also assume responsibility for regulating the perpetual custody of radioactive material at any private site where the owner has abandoned responsibility. The DEP would be charged with developing regulations concerning all radioactive material not under the jurisdiction of the federal NRC, and for licensing, among other things, the storage of this material.

Sponsors: John Hott

CWV Position:

Status: Introduced 1/20/23, referred to Energy and Manufacturing then Judiciary

The bill would create an authority of representatives from the Northern Panhandle and several other Ohio River counties to coordinate among government and private landholders for the creation of recreation trails in that area. ATVs are not contemplated.

CWV Position: Supports

Status: Introduced 1/30/23, referred to Outdoor Recreation

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

Requires an operator to provide plugging money escrow funds when applying for new permits or when transferring ownership of a well. No new well permit would be issued to an operator of other wells that have not been in use for 12 consecutive months unless the operator provides certain assurances or places plugging funds into escrow. Plugging money must be set aside by operators of producing wells. In order to obtain a permit to drill a new well, the driller must agree to plug all orphaned wells in the leased area that will be drained by the new drilling.

CWV Position: Supports

Status: Introduced 1/12/22; referred to Energy and Manufacturing Committee, then Judiciary

Would permit the construction and operation of plants to convert post-use plastics sorted from other solid waste into smaller particles through heating and other processes. Intended products are simpler plastics, waxes, lubricants, and coatings

Sponsors: Gary G. Howell, George Miller, Don Forsht

CWV Position:

Status: Introduced 1/14/22; referred to Small Business Committee, then to Energy and Manufacturing; passed unanimously in House 2/8/22; sent to Senate and referred to Economic Development Committee 2/9/22; committee amendment 2/28/22; passed Senate 3/1/22; House concurred in Senate version 3/3/22; sent to Governor 3/9/22

This bill creates a structure for the development of geothermal energy in West Virginia by identifying geothermal energy as a “different resource” than other mineral resources and declaring that that no mineral estate will include geothermal energy unless specifically contained in the deed. The jurisdiction over geothermal energy is placed with the DEP to develop a permitting program for geothermal drilling and exploration and rules governing the use of spent geothermal fluid.

CWV Position: Supports

Status: Introduced 1/17/22; referred to Energy and Manufacturing Committee, then to Judiciary; referred to House Judiciary 1/27/22; passed out of Judiciary to the full House 2/7/22; introduced in Senate 2/11/22, referred to Energy Industry and Mining Committee, then Judiciary 2/11/22

This bill would enlarge the authority of the Director of DNR to enter third-party contracts for the development of recreation facilities at any state park or forest to a total of 40 years. The Director's present authority is for contracts totaling 20 years and is limited to six state parks. The new authority is limited to facilities that are in accordance with the purposes and authority granted to the DNR's Section of Parks and Recreation. A public hearing must be conducted before a contract is issued. No specific type of facility is prohibited. Watoga State Park is exempted.

CWV Position: Opposes

Status: Original bill introduced 1/26/22, referred to Agriculture and Natural Resources committee, then Government Organization; sent to Government Organization Committee 2/17/22; substitute bill originated by Government Organization Committee 2/21/22; substitute bill passed out of committee 2/23/22; passed Senate with amendment 3/12/22; passed House in amended form 3/12/22; sent to Governor 3/17/22

The bill would amend the Solid Waste Management Act to add procedures for separating organic food wastes from non-organic wastes and to compost that waste safely. The DEP would be charged with creating legislative rules governing the process. The bill would also require the curbside pickup of organic wastes.

CWV Position: Supports

Status: Introduced 1/31/22; referred to Health and Human Resources Committee, then Government Organizations

This bill would require agreements between West Virginia landowners and outside firms limiting development on that land for carbon offset purposes to register the agreements with the WV Tax Commissioner. It declares it the public policy of the state to encourage land development and timber harvesting. It limits carbon offset agreements that would impede that development to 40 years.

Sponsors: Gary G. Howell, Wayne Clark

CWV Position: Opposes

Status: Introduced 2/1/22, referred to Energy and Manufacturing committee, then Finance; Committee substitute introduced 2/8/11; substitute bill passed out of committee 2/9/22; first reading 3/12/22

The purpose of this bill is to establish a new legal and regulatory framework for drilling of injection wells and operation of facilities for the underground sequestration of injected carbon dioxide and for the state to pursue primacy authorization for oversight and enforcement of laws for underground carbon dioxide sequestration. The bill creates safety requirements for all sequestration of carbon injected into underground cavities and establishes liability for accidents.

Sponsors: William Ridenour, Wayne Clark

CWV Position:

Status: Introduced 1/31/22; referred to Energy and Manufacturing Committee, then Judiciary; committee substitute 2/21/22; passed House 2/24/22; no committee referral; passed Senate 3/1/22; sent to Governor 3/17/22

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: Supports

Status: Introduced 1/12/22; referred to Natural Resources Committee

This bill would impose a additional $100 annual fee on gas wells that are otherwise subject to fees at the time of permit application, but that produce 10,000 cubic feet per day.

CWV Position: Supports

Status: Introduced 1/11/23, referred to Energy, Industry & Mining

This bill would improve the safety requirements for participants younger than 17, would enlarge the period of stream adoption to 3 years from the current 1 year, and require at least one clean-up per year.

Sponsors: Charles Trump, Jack Woodrum, Bill Hamilton

CWV Position: Supports

Status: Introduced 1/11/23, committee reference dispensed with, passed Senate unanimously 1/11/23, sent to House, referred to Government Organizations; passed House with amendment 1/27/23; Senate concurs in House amendment; sent to Governor 2/2/23

This bill would promote the acquisition and use of abandoned or inactive rail rights of way for use as recreational trails. The bill would permit non-motorized vehicles on these trails and would permit the use of e-bikes.

Sponsors: Jack Woodrum, Jason Barrett, Charles Trump, Vince Deeds

CWV Position: Supports

Status: Introduced 1/12/23, referred to Outdoor Recreation; committee substitute bill 1/26/23; passed Senate 1/31/23; introduced in House 2/1/23, referred to Economic Development & Tourism

This bill authorizes the DNR, with the approval of the Secretary of Commerce, to sell public lands deemed obsolete or unneeded.

Sponsors: Jack Woodrum, Robert Karnes, Randy Smith, Jay Taylor, Charles Trump, Patricia Rucker, Vince Deeds, Jason Barrett

CWV Position:

Status: Introduced 1/11/23 directly in Senate; Constitutional rule requiring three readings suspended; passed Senate 1/12/23, referred to House Judiciary 1/13/23; amended and passed by House 1/19/23; Senate concurred in House amendment and passed 1/20/23; approved by Governor 1/24/23

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

CWV Position: Supports

Status: Introduced 1/12/22; referred to Natural Resources Committee

This bill authorizes the leasing and development of state-owned "pore spaces" underlying state forests, natural and scenic areas and wildlife management areas for the purpose of carbon sequestration. State parks are excluded. Leasing would be to the highest auction bidder. The Director of DNR can award leases without competitive bidding under certain circumstances.

Sponsors: Charles Trump, Craig Blair, Bill Hamilton, Jason Barrett, Robert Karnes, Patricia Rucker

CWV Position: Opposes

Status: Introduced 1/12/23, committee reference dispensed with, passed Senate unanimously 1/12/23, sent to House, referred to Judiciary, passed with amendment and made effective from passage 1/19/23; approved by Governor 1/24/23

This bill would impose a replacement cost upon operators of wind power projects where protected bird species are killed in turbines and other machinery.

Sponsors: Randy Smith, Patricia Rucker

CWV Position: Supports

Status: Introduced 1/11/23, referred to Agriculture & Natural Resources, then Finance

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.

This bill would make permanent the ATV pilot program for ATV trails in Cabwaylingo state forest. It would prohibit the DNR from establishing any further ATV trail systems with state parks and forests but authorizes connecting trails between outside public or private trail systems and state parks and forests.

CWV Position:

Status: Introduced 1/25/23, referred to Outdoor Recreation

Similar to HB 4408, this bill would enlarge the authority of the Director of DNR to enter third-party contracts for the development of recreation facilities at any state park or forest to a total of 50 years. The Director's present authority is for contracts totaling 20 years and is limited to six state parks. Unlike HB 4408, this bill has no limits on the purposes for which the Director may contract for new facilities. No specific type of facility is prohibited. .

Sponsors: Dave Sypolt, Randy Smith

CWV Position: Opposes

Status: Original bill introduced 1/25/22, referred Natural Resources committee, then Finance; substitute bill originated by Natural Resources committee 2/23/22; sent to Finance committee 2/23/22

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