On March 8th the 2008 Regular Session of the West Virginia Legislature
ended with 243 bills being passed of the 2,132 separate bills that were
introduced during the 60-days. There were a number of bills important
to the industry with the majority of attention being given to SB 373,
the DEP rules bill that contained the water quality standards and the
anti-degradation rules that ultimately removed the Tier 2.5
designation.
On March 8th the 2008 Regular Session of the West Virginia Legislature ended with 243 bills being passed of the 2,132 separate bills that were introduced during the 60-days. There were a number of bills important to the industry with the majority of attention being given to SB 373, the DEP rules bill that contained the water quality standards and the anti-degradation rules that ultimately removed the Tier 2.5 designation. Other critical issues were contained in HB 4021, a bill that provides for the movement of underground mining equipment and additional penalties for stealing from mine properties. The Special Reclamation Tax will be reinstituted after 16 months and the DEP will review and report on alternative bonding program components such as bonding rates based on a company’s financial strength, incremental bonding and more efficient water treatment innovations. The CoalBed Methane tax exemption that had been in place for nearly 7 years will cease for operations that begin after January 1, 2009.
Significant were the bills that did not pass such as the “no free speech” proposal, also referred to as the “captive audience” bill that would have prohibited employers from talking to their employees about matters that might affect their future, such as religion, labor, policy or politics. Also, the bill that would have outlawed the use of valley fills, despite the fact these structures have been authorized by both state and federal laws for more than 30 years, was never considered. A complete legislative report is available from the Association.
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