HB 3498
Productive Energy Site Reclamation Waiver
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- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill creates a program allowing the West Virginia Department of Environmental Protection to grant waivers to surface mine owners for contour restoration requirements on formerly mined sites. These waivers would be available if the land is to be converted into a new energy generation project, specifically one generating at least 10 megawatts of electricity. The goal is to incentivize economic development by facilitating the use of these sites for energy production, potentially reducing the state’s financial burden associated with traditional reclamation efforts.
Key provisions
- Establishes the ‘Productive Energy Site Reclamation Waiver’ program.
- Defines ‘new energy generation project’ as a facility generating at least 10 MW of electricity.
- Allows mine owners to apply for waivers at various stages of the mining operation.
- Releases existing bonds and financial obligations related to contour restoration upon waiver approval.
- Requires applicants to demonstrate the financial and technical capability to complete the new energy generation project.
- Prioritizes waivers for mines that are insufficiently capitalized or where the original owner has ceased to exist.
- Specifies that unsuccessful attempts to develop a site do not preclude future waiver applications.
- Authorizes the Department of Environmental Protection to create implementing rules.
Who is affected
- Surface mine owners and operators
- West Virginia Department of Environmental Protection
- Energy companies
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