On Monday,SB 357,“The Coal Jobs and Safety Act of 2015” went into effect. The bill passed the Legislature on March 3, 2015, was signed by theGovernor and was to be effective 90 days from passage, which was June 1stof this week.You can click the bill number above to obtain a copy of the final version of the bill.
This was, of course, the centerpiece of this year’s Legislative accomplishments, as it contained five (5) major mine safety issues and six (6) significant environmental issues. Each of these issues are individually important, but collectively these parts representmajor enhancements that will strengthen West Virginia’s mine safety and environmental laws by being more reflective of actual conditions and practices in today’s modern coal mines and will bring us more in line with the federal laws and regulations, as well as with the laws/regulations/practices in other coal producing states. Implementation is progressing as expected and will be most helpful when fully in place.
As of Monday, the five (5)Mine Safety Provisionsof the billare in effect!
- Equalize Drug Testing Standards- Strengthens the drug testing program for all miners by removing the preferential treatment for miners under a collective bargaining agreement that was contained in the existing law.
- Movement of Mining Equipment Underground- Changed old West Virginia law by permitting equipment to be moved with men inby,as long as there is no energized trolley wire in the immediate area. Existing law prohibited the movement of mining equipment, except for sectional moves, with men inby, even though the federal law allows for equipment moves with men inby, even where energized trolley wire exists. Pursuant to the bipartisan-passed Senate Concurrent Resolution (SCR) 63,the Board of Coal Mine Health & Safety, in consultation with the Director of the Office of Miners’ Health, Safety & Training, proposed/implemented revised rules for the movement of mining equipment on Monday, June 1st.
- Track Maintenance-For mines that transport minersexclusivelyby track, changes the law to provide that track is no more than 1,500 feet from the face. Also, provides that two self-propelled vehicles be readily available on each section and capable of transporting miners in case of an emergency.
- Sideboards on Shuttle Cars-Allows the use of sideboards on shuttle cars if equipped with cameras. Further, the director of the OMHS&T must give approval for manufacturer-specified sideboards without the use of cameras.
- Terminates Diesel Commission-Eliminates the six-member diesel commissionandplaces the testing, review and approval of diesel equipment in the hands of the OMHS&T, which currently does the inspection and final approvals before deployment.
Of the six (6) Environmental Issues in the bill, the two (2) statutory provisionsare in effect!
- “Penalty Conformity”legally aligns the state penalty process for NPDES permits to that of EPA.
- “Permit as a shield” language will allow coal mining NPDES permits to be treated like every other industrial NPDES permit, meaning compliance with those standards/parameters specifically named in the permit.
The remaining four (4) Environmental Issues will take effect as regular and emergency rules are advanced by DEP.
- DEP has submitted the “emergency” rule for changes to the Aluminum criteriato the DEP Advisory Council.
- DEP has proposed for “regular” rulemaking the following three (3) changes to their existing rules for:
- “Contemporaneous reclamation”
- “Inactive status”
- “Additional methods for refuse impoundment construction”
Also, next week, a number of bills that passed last session become effective. The specific days and bills are:
On Monday, June 8th, these bills become effective:
SB 578-- Authorizes indemnity settlements for OP (Black Lung) claims.
HB 2010-- Requiring the elections of justices of the West Virginia Supreme Court of Appeals, circuit court judges, family court judges and magistrates be nonpartisan and by division
SB 344--Relating to limitations on front & back pay.
On Wednesday, June 10th, these bills become effective:
SB 502– Established a date certain for the eligibility for the special reclamation tax credit.
SB 421-- Relating to punitive damages in civil actions.
HB 2011 -- Changes to the “deliberate intent” statute.
SB 423-- Amendments to the comprehensive “aboveground storage tank” bill.
SB 318-- Relating to payment of wages by employers.