Energy

Senate Bill 641 amends West Virginia's Aboveground Storage Tank Act to expand exemptions for small tanks used in oil/gas operations and road maintenance. It exempts tanks holding 210 barrels or less of brine or hydrocarbon-related fluids (not in "zones of critical concern") from third-party inspection requirements, requiring owners to self-inspect, self-certify, and report annually instead. Tanks in "zones of critical concern" still require monthly secondary containment inspections but remain exempt from third-party certification. The bill directly affects oil and gas operators, coal mining sites, and road maintenance crews using these small tanks, while maintaining basic registration and signage rules.

West Virginia's SB 426 establishes a mandatory "call before you dig" notification system to prevent damage to underground infrastructure. It requires excavators (e.g., construction crews) to notify utility operators of planned digging activities before starting work, covering facilities like gas lines, water mains, sewer systems, and fiber optic cables. The bill creates an Underground Facilities Damage Prevention Board to enforce these rules, with penalties collected from violators funding the board directly instead of the state treasury. This affects all entities performing excavation work in the state, aiming to reduce accidental damage to critical underground utilities.

SB 420, the West Virginia First Energy Act, requires regulated utilities to maintain minimum operational standards for coal and natural-gas power plants. It mandates a 69% annual utilization rate for coal-fired facilities, a 30-day on-site coal inventory, and firm natural-gas supply contracts for gas plants. The bill prohibits retiring or reducing coal/gas capacity without Public Service Commission approval (unless an in-state replacement is available) and bans cost recovery for new wind or solar projects in utility rate bases. These provisions directly affect utilities operating in-state coal and natural-gas generation, aiming to preserve reliable, dispatchable power sources and limit reliance on intermittent renewables.