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The recent special legislative session convened by Governor Manchin on November 13th concluded today with actions on three pieces of legislation important to the West Virginia coal industry.
 
Two Resolutions, Senate Resolution 407 and House Resolution 402 generally set forth and expressed the will of the Legislature to continue its support of the West Virginia coal industry and to further request the State’s Congressional Delegation to resist and oppose efforts to undermine the future of West Virginia coal.  Both resolutions were adopted by their respective body yesterday. 
 
HB 408, pertaining to the State’s Alternative and Renewable Energy Portfolio Act, as introduced, purported to revise some of the definitions related to “advanced coal technologies” that were contained in the original Act. The legislation, as amended today in the House of Delegates, limits credits awarded for super critical technology and creates and allows credits awarded for advanced super critical technologies. The bill also contains provisions for additional advanced clean coal technologies to be qualified by the WVPSC and further requires a study of the economic impact of the Act on coal and coal mining.
 
The study is to be concluded by 2012 prior to the Act’s phase-one compliance target of 2015.
 
For copies of the Resolutions or HB 408 contact jbostic@wvcoal.com or chamilton@wvcoal.com
The West Virginia Department of Environmental Protection is considering emergency amendments to the State’s surface mining regulatory program that would allow companies to establish trust accounts as acceptable bonding coverage to fund the long-term treatment of post-mining drainage. The amendment is designed to allow mining operators in West Virginia to use trust accounts as established by the federal Office of Surface Mining (OSM) in final rule for the Tennessee regulatory program (administered by OSM) that was published in March 2007. The proposed emergency rule is intended to specifically mirror the federal language from the Tennessee federal program by authorizing voluntary trust accounts for the purpose of long-term water treatment situations.  The emergency rule has not yet been filed but we expect sometime later this month.  For a copy of the proposed emergency rule contact jbostic@wvcoal.com
Earlier this week the Department of the Interior on behalf of the federal Office of Surface Mining (OSM) announced the federal agency is undertaking revisions to its program for oversight of state-delegated surface mining regulatory programs.
 
More information regarding the announcement is available at http://www.osmre.gov/topic/Oversight/SCM/ImprovementActions.shtm#discussionpapers
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The Executive Committee at its meeting on Tuesday accepted the following new Associate Members into the Association and WV Coal Alliance:
            
Bio-Chem Testing, Inc., Mukesh Shah, representative; Enterprise Fleet Management, Sean V. Jimenez, Senior Account Executive; FMC Technologies, Inc., Bob Coon, Product Manager Underground; Global Mine Service, Inc., Timothy Smith, Vice President; Lee Supply Co., Inc., Bob Gentry; and, West Electric & Machine Co., Inc., Willis “Bud” West, President.
           
Welcome to all!
The Kanawha Valley Mining Institute (KVMI) will again be awarding the Charles W. Bowling Scholarships. Applications are available on the KVMI website,http://www.kvmi.org/Scholarships.html, and must be received by the KVMI no later than December 3, 2009. Awards will be granted at the February 2010 KVMI meeting.
The Washington Coal Club (WCC) will feature Senator Rockefeller’s Senior Climate Adviser, Tom Dower, at its next luncheon program on Wednesday, November 18th.   The luncheon will be held in Charlie Palmers at 101 Constitution Avenue, NW in Washington, the same building where NMA is located.  If you are able to attend, please contact Anne Jacob by email at ajacob@nma.org.
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The initial deadline for installation of all communication and tracking systems in West Virginia underground mines, required by SB-247 and 56-4-9 of the West Virginia Code of State Regulations, was 12/31/08.  Due to approval difficulties with some systems, this office has revised these deadlines frequently.  It is important that the industry is aware that current compliance deadlines included in revised plans will not be extended beyond those delineated in the plans. 
 
If you have any questions please contact either your regional office or the State office, Director Ron Wooten.
Charleston Gazette - November 10, 2009

NASHVILLE, Tenn. (AP) - A group of music figures has begun a campaign against mountaintop coal removal.

The campaign, Music Saves Mountains, is sponsored by the Natural Resources Defense Council and the Gibson Foundation. Robert F. Kennedy Jr., a senior attorney with the council, addressed those attending a meeting Monday night.

Those at the gathering included Emmylou Harris, Randy Travis, Big Kenny Alphin, Dierks Bentley, Delbert McClinton, Kid Rock and J.D. Souther.

Harris said protection is needed for the Appalachian mountains, where country music was born and is celebrated in song.

West Virginia Gov. Joe Manchin will lead a panel discussion on the impact that federal energy legislation has on Southern states Friday during the national meeting of The Council of State Governments in La Quinta, Calif.

More than 600 state policy makers and guests from around the country will be attending CSG’s annual meeting Thursday through Saturday. Manchin is the organizations 2009 president.

The session, “Securing the South’s Energy Future”, will also feature Kentucky State Rep. Rocky Adkins; Kenneth J. Nemeth, secretary and executive director of the Southern States Energy Board; Chris Hamilton, senior vice president of the West Virginia Coal Association and Rodney Andrews, director of the University of Kentucky Center for Applied Energy Research.

The focus of the session will be the future role fossil fuels and renewable energy sources will play in southern states. Other topics will include cellulosic ethanol production, lithium-ion batteries and coal-to-liquid technology.

The panel discussion will be one of more than 30 policy-related workshops and panels that will be held during the three-day CSG meeting on topics ranging from health care reform to education. For more information on this sessions and the others visit www.csg.org.

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The Council of State Governments is our nation’s only organization serving all three branches of state government. CSG is a region-based forum that fosters the exchange of insights and ideas to help state officials shape public policy. This offers unparalleled regional, national and international opportunities to network, develop leaders, collaborate and create problem-solving partnerships.

In the wake of a decision by the Environmental Protection Agency to subject 79 coal mining permit applications – twenty-three of which are in West Virginia – to further review, Speaker of the House Rick Thompson called on the EPA to speed up its permitting process and to work with coal operators to help them to comply with the Clean Water Act.

“It’s my understanding,” Thompson said, “that at least one of these permits has been under review for 10 years and will now be subject to even further study to determine if the project can go forward. I know that the EPA has an important job to do – but there’s an old and respected principal of law that states ‘justice delayed is justice denied.’ These coal companies – and the thousands of employees who work for them – deserve a process that is measured in days rather than decades and standards that all sides can follow and understand.”

Speaker Thompson praised Governor Joe Manchin’s leadership on this issues saying, “I support Governor Manchin’s efforts to get this process moving and to obtain clear-cut direction from the EPA. That is the right and fair thing to do.”

“The uncertainty and ambiguity that these companies are forced to contend with through the regulatory process are difficult in the best of times – but are simply unjustifiable and untenable in the midst of the worst economic recession we’ve experienced since the great depression” added Thompson. “We’re not saying that there should be no standards – we’re saying that the standards should be clear, unambiguous and attainable,” said Thompson.

“We all want, deserve and expect clean drinking water and a clean environment” said Speaker Thompson, “but we also want, deserve and expect the light, warmth and power provided by West Virginia coal. Energy and electricity are not luxuries – they’re a necessity. West Virginia coal companies and their hard working employees deserve a permitting process that operates more swiftly and less capriciously.”

Tactics Doom Cap and Trade in Senate 
 
Senate Environment and Public Works Committee Chairman Barbara Boxer (D-Calif.) today rammed a major energy-rationing bill through the committee, without the presence of any Republicans on her committee. (See news story)
 
Under Senate committee rules and precedent, two members of the minority are customarily required to make a quorum for marking up a bill. But Republicans balked at Democratic efforts to pass the energy tax-and-ration bill before a complete analysis of its economic impacts had been done by EPA.  The bill, S. 1733, the Clean Energy Jobs and American Security Act, was introduced by Senator John Kerry (D-Mass.).  The chief co-sponsor is Chairman Boxer.
 
Wayne Towner
 
PARKERSBURG - In recent years, West Virginia has made progress in becoming a more business-friendly state but officials need to remain on course and continue making policy changes that improve the state's business climate, a statewide business group recommends.
The West Virginia Business and Industry Council (BIC) is holding regional meetings this week in Parkersburg and around the state to talk with business owners and state legislators about what has been done in the past and what still needs to be done.