Creating WV Intrastate Energy Use Act

SB 438 establishes the West Virginia Intrastate Energy Use Act, clarifying that the West Virginia Department of Environmental Protection (WVDEP) exclusively regulates environmental aspects of coal, oil, and natural gas extracted and consumed within the state. It requires coal mines, oil wells, gas wells, and in-state power generation facilities using these resources to obtain operational permits from WVDEP after meeting state and federal compliance standards. The bill asserts that federal agencies like the EPA lack authority to deny such permits for resources not entering interstate commerce, as these activities fall under state jurisdiction per constitutional principles. This act does not override other environmental laws but specifically defines WVDEP's role for intrastate energy use.