With Marcellus shale legislation far off the minds of many legislators, West Virginia lawmakers are adjusting their sights back to an old favorite: the coal industry.
A bevy of laws aimed at bolstering the industry, or inhibiting it, have been introduced in both the House and Senate. While some may die in committee or may never be seen again, there are a number of coal-related bills vying for a spot on the Governor's desk this year.
Educating D.C.
Gov. Earl Ray Tomblin made it clear during his Jan. 11 State of the State address he would continue to fight against Washington's "war on coal," and lawmakers are clearly aiming to help him.
Of course, not all of the battles have to be bloody — several members of the House of Delegates think Washington, D.C., just needs a little education on West Virginia's prized coal industry. Delegates Doug Skaff, D-Kanawha; Daniel Hall, D-Wyoming; Michael Ferro, D-Marshall; Mark Hunt, D-Kanawha; Harold Michael, D-Hardy; Josh Stowers, D-Lincoln; and Bill Hamilton, R-Upshur, the lone Republican sponsor, introduced legislation to provide just that.
The law as introduced would charge the Division of Energy with developing an energy policy and development plan and create an office to promote energy initiatives.
The division may develop an energy-related public relations campaign focused on educating Washington, D.C., and federal government leaders about West Virginia coal and its positive impact on the eastern seaboard.
The law was already coal-friendly, calling for solutions that would make the state an energy leader, and utilize "clean coal," natural gas and "transtech energy technologies" in addition to renewables.
Blocking D.C.
Another piece of legislation, the Coal and Intrastate Use Act, is returning after a failed attempt to pass last year.
The House bill, sponsored by Delegate Gary Howell, R-Mineral, dictates that coal mined and used in West Virginia be exempt from interstate commerce laws. By doing that, the coal would be exempt from regulation by federal agencies such as the Environmental Protection Agency.
"The regulation of intrastate commerce, including the natural environment as affected by intrastate business, is vested in the states under the Ninth and 10th Amendments to the United States Constitution and is specifically retained by the State of West Virginia according to Section 2, Article I of the West Virginia Constitution," the bill states.
The bill originated last year shortly after the Spruce mine permit was revoked by the EPA. Critics of the action thought it was unfair for the EPA to strip the license to surface mine the area after it had already received approval from state and other agencies.
"Any West Virginia coal mine producing coal which is used commercially or privately in West Virginia and which is consumed or otherwise remains within the borders of West Virginia and any West Virginia facility producing chemically altered coal products used commercially or privately in West Virginia which remain within the borders of West Virginia shall be issued a permit to operate by the West Virginia Department of Environmental Protection once the West Virginia Department of Environmental Protection has certified that the mine or facility is compliant with all applicable state and federal laws or state and federal regulation," the bill states.
The bill would also require sampling of coal from each West Virginia source to be kept on record with DEP to verify origin. Howell wrote in the bill that the EPA lacks the authority to deny such a permit.
Skaff also introduced a bill that would add language to require the DEP make final decision and action on coal mining permit applications within six months after an applicant provides the necessary information.
Coal industry representatives have frequently criticized the long permitting process for slowing job development and hindering coal company investments.
Cleaning up coal
A few bills also look to strengthen environmental regulations in the coal industry.
Delegate Mike Manypenny, D-Taylor, is the lead sponsor on a bill that would amend state statute to include requirements for an engineering plan for the design, construction and installation of a liner to prevent waste from migrating to surrounding soil, groundwater or surface water. The requirement would extend to construction of any new impoundment, including new coal-waste impoundments at existing facilities.
The law also would give state authorities the ability to take or order action on any impoundment believed to pose imminent danger to human life.
Manypenny also proposed a 10-year moratorium on" severance taxes on the extraction and recovery of material from refuse, slurry, gob piles or other sources of waste coal to produce energy."
The bill aims to create an incentive for companies to develop and implement technologies that create saleable energy from coal wastes.
A bill introduced by Delegate Larry Williams, D-Preston, would require surface mine operators to provide a detailed layout of plants that will be seeded and the time they will bloom. Site reclamation plans will also specify if the mines will contain beehives maintained by beekeepers.
The bill would planting on former surface mines in a manner beneficial to the local bee population.
Drugs and safety
Delegate Kevin J. Craig, D-Cabell, introduced a bill addressing lawmakers' concern with drug use among coal miners.
The bill expands the number of mine employees who may be tested for substance abuse by requiring mine operators to create drug-free workplace programs for "safety sensitive employees." The bill also provides immunity to legal remedy for wrongful discharge in cases where drug use resulting in firing.
Under the law, miners who test positive would also lose the right to receive indemnity benefits and their common law right to sue.
"Employees who work for an employer and who are covered by a drug-free workplace program implemented under the state's mine safety laws under chapter 22(a) and who test positive for drugs or alcohol following a work related accident shall be presumed to be intoxicated," the bill states. "These employees testing positive for drugs and alcohol and who are therefore intoxicated at the time of the work related accident shall lose their right to receive indemnity benefits from the Workers' Compensation Program and any common law rights to sue the employer for damages where the accident was proximately caused by the employee's intoxication."
Employees would still be entitled to medical benefits for treatment of injuries incurred on the job regardless of drug and alcohol testing.
Miners who test positive and refused a permit of apprenticeship or certification can request a second test with 10 days of receiving the results of the first test.
Minimum testing requirements would be a standard 11 panel drug test that tests for use of amphetamines, cannabanoids/THC, cocaine, opiates, phencyclidine (PCP), benzodiazepines, propoxyphene, methaqualone, methadone, barbiturates, and synthetic narcotics and blood alcohol concentration at 4/10s of a percent or greater.
Delegate Mike Caputo, D-Marion, amended a requirement that emergency medical services personnel be employed on each shift at every mine to specifically require a paramedic as well.
Paramedic certification includes testing on life-saving techniques beyond that of basic emergency medical technician certification.
Skaff also introduced the West Virginia Innovative Mine Safety Mine Safety Technology Tax Credit Act.
The bill would allow a tax credit for coal companies that purchase innovative safety technology compiled by the Mine Safety Technology Task Force and approved by the Director of the West Virginia Office of Miners' Health, Safety and Training.
The credit would be applied to the business franchise tax over a five-year period for 50 percent of the qualified investment.
Caputo also introduced a bill requiring operators to notify miners of exposure to lead and other toxic chemicals. He also is attempting to amend legislation that would require coal mine owner or operator to sign off on the fireboss log daily.
Additionally, Caputo, the majority whip, introduced legislation requiring permanent and temporary battery charging stations be ventilated directly to the return on a separate split of air.
Caputo also wrote a bill seeking labor representation on the Surface Mine Board.
Sen. David Sypolt, R-Preston, introduced a bill that would extend mine operators time to report accidents to the Mine and Industrial Accident Emergency Operations Center from 15 minutes to 30 minutes. Failure to provide notice used to come with a $100,000 penalty, which Sypolt proposed to change to a penalty up to $100,000 at the discretion of the Director of the Office of Miners' Health, Safety and Training.
Rewarding local coal
A popular proposal among southern coalfields politicians — an effort to dedicate coal severance tax to the counties where it is produced — has been introduced in the House for 2012.
Stowers is the lead sponsor of the bill, which would dedicate 5 percent of the coal severance tax to the county of origin's county commission. The funds would be paid out of a new "County Severance Revenue Fund."
The severance taxes would be designated for use in economic development, infrastructure, job creation and road repair.
Delegate Samuel Cann, D-Harrison, introduced legislation that would give electrical generators a $3 credit per ton of coal mined from "small mining operations in West Virginia."
The law defines a small mining operation as one that produces less than 300,000 tons of coal annually and qualifies for the small operator assistance program authorized by the Surface Mining Control and Reclamation Act of 1977.
The credit allowed would not be allowed to exceed the total tax liability of the corporation, but would be transferable to the next five successive tax years.