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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