As we near the mid-point of the Regular 60-day Legislative Session, the House of Delegates will likely be consumed this week with SB 373 -- legislation designed to prevent recurrence of the chemical leak that has polluted Charleston's water supplies.
Engrossed Senate Bill 373 was previously passed by the Senate and has been assigned to and will be worked by three separate Committees in the House of Delegates, i.e. Health, Judiciary, & Finance.
As previously reported, SB 373 focuses on independent, above-ground storage tanks by requiring annual inspections by DEP and certified registered engineers. The legislation also imposes groundwater protection and secondary containment plan requirements for facilities that do not currently have multiple inspections, individual water quality permits and groundwater protection program requirements. The bill also establishes new requirements to have a DEP-approved action plan to address when water supplies are adversely impacted.
A number of bills supported by our interests should see legislative action this week as well. Legislation reforming the laws governing "Movement of Mining Equipment" was introduced as HB 4429, along with legislation to limit the authority of the WV Diesel Equipment Commission and to repeal references to the requirements for new methane monitors designed to deactivate mining machines at 1.25% methane since the new rule sets 1.5% as the threshold.
The Senate Labor Committee adopted the Administrative Rules governing the State's mandatory drug testing program for coal mining this week and the House Finance Committee has before it HB 4238, which extends a tax credit to producers who sell their coal to instate utilities that increase their consumption of West Virginia coal. HB 4238 was approved by the House Energy Committee last Wednesday.