Energy & Environmental Legislation Passed By The 2009 West Virginia Legislature

      The 2009 West Virginia Legislature considered and passed several important pieces of energy and environmental legislation. The final versions of these bills will now be enrolled and sent to the Governor for his approval before becoming law. Below, I have outlined and summarized each of the bills.

I. Senate Bills

A.  SB 153- Authorizing The Department of Environmental Protection To Promulgate Legislative Rules

The bill is an omnibus regulatory package that addresses many energy and environmental issues through the Department of Environmental Protection (DEP) Agencies rules.

 

B.        SB 279- Industrial Accident & Emergency Response Regulation

The bill requires significant industrial facility accidents are reported to state and local emergency responders. Also, the bill ensures these state and local emergency responders are granted access to the affected area. Finally, the bill requires the Director of Homeland Security and Emergency Management to impose a civil penalty of up to $100,000 on an industrial facility if there is a determination the facility failed to comply with the reporting, communications, or access requirements of the legislation.

 

C.        SB 297- Alternative & Renewable Energy Portfolio Act

The bill establishes a minimum alternative and renewable energy portfolio. By the year 2025, at least twenty-five percent of the electric energy sold to retail customers in this state shall be generated from alternative and renewable energy resources. Alternative and renewable energy resources include advanced coal technologies, wind, solar and other nontraditional sources of energy. The bill requires the Public Service Commission (PSC) to establish a credit system to monitor and track the generation of electricity from alternative and renewable energy resources. Finally, a compliance assessment may be imposed by the PSC upon electric utilities that fail to meet the requirements of the portfolio standard.

 

D.        SB 461- Extending Selenium Effluent Limits Compliance Time

The bill expresses the concerns regarding the applicability of the research underlying the federal selenium criteria to West Virginia.  Additionally, for existing NPDES permits, the bill extends the time for achieving water quality-based effluent limits for selenium discharges into waters supporting aquatic life uses from April 5, 2010 to July 1, 2012. However, the bill mandates compliance with federal notice requirements for permit modifications. For an extension there must be a finding the permittee cannot comply with its existing compliance schedule and that extension is not in violation of any federal laws, rules or regulations. Also, the legislation requires the DEP to undertake a comprehensive study relating to selenium and prepare a report detailing such findings. 

E.         SB 507- Relating to The Clean Coal Technology Council’s Powers & Duties

The bill requires the West Virginia Clean Coal Technology Council to study carbon capture and control technologies and to make quarterly reports to the Joint Committee on Government and Finance on the results.

 

F.         SB 613- Clarifying Coal Bed Methane Notice Requirements

The bill allows notice of coal bed methane production to be provided to absentee mineral rights owners by publishing an ad in the local newspaper. The land owner and primary mineral owners will continue to be notified by certified mail. 

 

G.        SB715- Establishing A Chesapeake Bay Restoration Initiative

     The bill provides for the development of a comprehensive program to improve the water quality of the Chesapeake Bay and its watershed. Also, the bill preserves the economic stability of the affected areas.  Finally, the bill provides time for communities to comply with the requirements of the legislation.

II. House Bills

A.        HB 2535- Creating A Tax Credit For Certain Solar Energy System

     The bill creates a tax credit for customers that purchase solar systems for the purpose of electric generation, heating or cooling.  The bill also directs the PSC to develop net metering rules for solar customers. 

 

B.        HB 2860- Regulating The Sequestration & Storage of Carbon Dioxide

     The bill regulates the sequestration and storage of carbon dioxide in this state by allowing the injection of carbon dioxide and associated constituents into subsurface geologic formations intended to prevent its release into the atmosphere. This activity must be undertaken pursuant to permits issued by the DEP. The bill establishes a working group of experts, industry and governmental representatives to study issues related to the activity and report to the Governor and the Legislature by July 1, 2010 and July 1, 2011.

 

This article was authored by Donnie L. Adkins, Jackson Kelly PLLC. For more information on the author see here.