SB 648: Strategic and Critical Resources Act - West Virginia

sb648 sfa willis _1 2-17 adopted.htm → sb648 sfat willis 2-17 adopted.htm · 5 edits

MODERATE

The bill was renamed from 'SFA' to 'SFAT' and the amendment text was completely rewritten. The original draft included specific definitions for strategic resources, detailed preemption rules, and foreign ownership restrictions. The new version replaces this with a single, comprehensive title summarizing the bill's intent to create a new article on strategic resources, but it removes all the specific legal text, definitions, and operational rules that were previously included in the amendment.

Scope change

The scope of the amendment changed from a detailed legislative proposal containing specific definitions and rules to a generic title-only amendment that references the intent to add a new article without providing the article's content.

REQUIREMENT

Removed specific definitions for 'strategic and critical resources' and 'foreign adversary' that listed specific minerals and legal authorities.

Removed detailed preemption clauses that explicitly prohibited local governments from regulating resource extraction outside urban areas.

Removed specific sections on foreign ownership limitations and restricted commerce entities.

Removed the requirement for the Office of Energy to propose implementing rules.

SCOPE

Changed the amendment type from inserting a full article text to substituting only the bill title.

sb648 hfat anderson 3-12 adopted.htm → sb648 sfa willis _1 2-17 adopted.htm · 5 edits

MODERATE

The bill was rewritten from a House proposal to a Senate version that completely replaces the text after the enacting clause. The new version establishes a comprehensive 'Strategic and Critical Resources Act' to regulate the extraction of specific minerals essential for national security. It grants the state exclusive authority to regulate these resources outside of urban areas, while explicitly exempting local taxes and business licenses. The bill also includes strict provisions preventing foreign adversaries from owning or controlling facilities used to extract these resources.

Scope change

The scope expanded from a general proposal to add a new article to a fully drafted article with specific definitions, preemption rules, and foreign ownership restrictions applicable to the extraction of strategic minerals statewide.

DEFINITION

Added a detailed list of over 50 specific minerals and materials defined as 'strategic and critical resources,' including rare earth elements and industrial metals.

REQUIREMENT

Established state preemption, prohibiting counties and municipalities from regulating the extraction of these resources or building facilities outside of urban areas.

Clarified that while local regulation is preempted, owners must still comply with local business licenses, property taxes, and utility rates.

ELIGIBILITY

Added strict prohibitions preventing foreign adversaries or sanctioned entities from owning, operating, or controlling facilities used to extract strategic resources.

SCOPE

Changed the drafting authority from Delegate Anderson to Senator Willis, resulting in a complete rewrite of the bill's text to include specific legislative findings and a new article structure.

sb648 h epw am _1 adopted.htm → sb648 hfat anderson 3-12 adopted.htm · 3 edits

MINOR

The bill's title was updated to reflect a new amendment by Delegate Anderson, replacing the previous committee substitute text. The substantive legislative content regarding strategic resources appears to have been removed from the visible text, as the new version only contains the amendment motion and the bill's title without the specific article text.

Scope change

The specific scope, definitions, and preemption rules previously detailed in the removed text are no longer visible in this version of the document.

SCOPE

The full text of the Strategic and Critical Resources Act, including definitions of resources and state preemption of local laws, was removed.

TITLE

The bill title was changed from a generic committee substitute header to a specific description of the amendment proposed by Delegate Anderson.

PROCESS

The procedural header was updated to reflect a floor amendment by Delegate Anderson dated March 12, replacing the earlier Energy and Public Works committee amendment.

Committee Substitute → sb648 h epw am _1 adopted.htm · 4 edits

MODERATE

The bill was amended to reclassify the new legislation from Article 14 to Article 13, shifting it from the Judiciary portfolio to the Energy and Public Works committee. The amendment expanded the list of strategic resources to include the U.S. Geological Survey's Critical Minerals List and updated the definition of facilities to cover processing in addition to extraction. The text also added a specific requirement for the Office of Energy to propose implementing rules.

Scope change

The bill's scope was expanded by adding the U.S. Geological Survey List of Critical Minerals to the definition of strategic resources and clarifying that facilities include those used for processing, not just extraction.

SCOPE

The bill was moved from Article 14 (Judiciary) to Article 13, changing its legislative committee oversight from the Judiciary to Energy and Public Works.

DEFINITION

The definition of 'strategic and critical resource' was updated to include the U.S. Geological Survey List of Critical Minerals as an additional source for designating materials.

The definition of 'strategic and critical resource facility' was expanded to include infrastructure necessary for processing, in addition to extraction.

REQUIREMENT

A new provision was added requiring the Office of Energy to propose legislative rules to implement the article.

Enrolled Committee Substitute → Committee Substitute · 6 edits

MODERATE

The bill was significantly amended to shift from a general preemption framework to one that explicitly restricts foreign ownership and control of strategic resources. Additionally, the bill's legal article number was changed from 5B-13 to 15A-14, and the rule-making authority was transferred from the Office of Energy to a generic 'department.'

Scope change

The bill's scope expanded to include specific prohibitions on foreign adversaries owning or operating facilities related to strategic resources, and the applicability of the act was clarified to cover foreign ownership and restricted commerce entities.

DEFINITION

Added a new definition for 'foreign adversary' to identify foreign governments or organizations designated under federal law.

Changed the definition of 'Strategic and critical resource facility' to remove references to 'processing,' limiting the scope to extraction only.

REQUIREMENT

Added new sections prohibiting foreign adversaries from acquiring, leasing, or holding ownership interests in land used for extracting strategic resources.

Added restrictions preventing entities on federal sanctions or prohibited lists from owning or operating strategic resource facilities.

Changed the agency responsible for proposing rules from the 'Office of Energy' to a generic 'department'.

TECHNICAL

Updated the article designation from Article 13 (§5B-13) to Article 14 (§15A-14).

Engrossed Committee Substitute → Enrolled Committee Substitute · 4 edits · Apr 1, 2026

MODERATE

The bill text was updated from the 'Engrossed Committee Substitute' to the 'Enrolled Committee Substitute' version, which is the final version prepared for the Governor's signature. The substantive policy language regarding the Strategic and Critical Resources Act remains largely consistent, though the final version includes minor formatting cleanup and adds a specific requirement for the Office of Energy to propose implementing rules.

Scope change

The bill's scope and applicability remain unchanged; it continues to preempt local regulations on strategic resource extraction outside urban areas and defines the same list of critical materials.

REQUIREMENT

Added a specific mandate for the Office of Energy to propose legislative rules to implement the new article.

DEFINITION

Added 'processing' to the definition of a strategic and critical resource facility and included the U.S. Geological Survey List of Critical Minerals in the list of applicable federal lists.

TECHNICAL

Removed extraneous website navigation links, headers, and footer text that were accidentally included in the previous version's text block.

Corrected minor formatting inconsistencies, such as line breaks within sentences and spacing around section headers.

Introduced Version → Engrossed Committee Substitute · 3 edits · Mar 14, 2026

MINOR

The bill was amended from an 'Introduced' version to an 'Engrossed Committee Substitute' version, primarily changing the bill number in the header and adding new sponsors. The substantive policy text, including the definitions of strategic resources, preemption of local laws, and foreign ownership restrictions, remained identical in content, though the article numbering was shifted from Article 13 to Article 12 and section numbers were reorganized. The changes reflect standard legislative procedural updates rather than new policy directions.

Scope change

The scope of the bill's applicability and the specific policy provisions did not change; only the administrative metadata and article numbering were updated.

TECHNICAL

The bill's article number was changed from Article 13 to Article 12, and section numbers were reorganized (e.g., from §15A-14-1 to §5B-12-1).

The bill header was updated to reflect the 'Engrossed Committee Substitute' status and the current legislative session date.

ELIGIBILITY

New sponsors were added to the list of legislators who introduced the bill.

Strategic and Critical Resources Act

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