SB 24
Creating WV Intrastate Energy Use Act
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- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill, the West Virginia Intrastate Energy Use Act, aims to clarify the state’s authority over environmental regulations related to coal, oil, and natural gas produced and used within West Virginia. It designates the West Virginia Department of Energy as the primary regulator for these resources, asserting that the EPA’s authority is limited to interstate commerce. The act also defines key terms like ‘coal mine,’ ‘oil well,’ and ‘gas well’ and extends environmental regulation to power generation facilities within the state using these fuels.
Key provisions
- Designates the West Virginia Department of Energy as the primary regulator for coal, oil, and natural gas within the state.
- Asserts West Virginia’s authority over intrastate energy regulation based on the Tenth and Ninth Amendments of the U.S. Constitution.
- Defines key terms such as ‘coal mine,’ ‘oil well,’ and ‘gas well’ for the purposes of this legislation.
- Requires operational permits from the West Virginia Department of Energy for coal mines, oil, and gas wells.
- States that the EPA lacks authority to deny permits for resources consumed or retained within West Virginia.
- Extends environmental regulation to power generation facilities using coal, oil, or natural gas within West Virginia.
- Clarifies that the act does not limit enforcement of other state or federal environmental laws.
Who is affected
- West Virginia residents
- Coal mining companies
- Oil and gas companies
- The West Virginia Department of Energy
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