HB 4120
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 for sites that are being converted into new energy generation projects, specifically those generating at least 10 megawatts of electricity. The goal is to encourage investment in energy projects by reducing the financial burden of reclamation, particularly when the cost of restoration exceeds existing bond amounts.
Key provisions
- Establishes the ‘Productive Energy Site Reclamation Waiver’ program.
- Defines ‘new energy generation project’ as a facility producing 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.
- Prioritizes waivers for mines that are insufficiently capitalized or where the original owner no longer exists.
- Requires applicants to demonstrate financial and technical capability for the new energy project.
- Specifies criteria for evaluating new energy generation project developers.
- Authorizes the secretary to develop rules for the program’s implementation.
Who is affected
- Surface mine owners and operators
- West Virginia Department of Environmental Protection
- Energy companies
- Local communities
- The State of West Virginia
Notable changes
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