Environment

SB 648, titled the "Strategic and Critical Resources Act," defines specific minerals (like lithium, cobalt, uranium, and others vital for national security) and establishes statewide regulations for their extraction. It prevents local governments from restricting or regulating extraction activities or facility development outside urban areas, reserving this authority for the state and federal governments. The bill also prohibits foreign adversaries (as defined by federal law) from owning, controlling, or operating facilities related to these resources. It explicitly states that federal environmental and health laws remain fully applicable, and does not affect standard business licenses or taxes. This bill directly affects mining companies, local governments, and foreign entities seeking to develop these critical resources in West Virginia.

SB 935 repeals a tax exemption for certain coal-fired power plants in West Virginia, directly affecting owners/operators of coal plants operational before January 1, 1995. The bill reduces the taxable generating capacity for these plants to 45% of their official capability (instead of 100%) for tax years starting July 1, 2021, but requires plants to remain operational until at least July 1, 2025, to qualify. If such plants close before July 1, 2025, owners must repay tax savings through a recapture tax, though federal mandates exempting closures avoid this requirement. The law applies specifically to "merchant power plants" (independent generators) and modifies existing tax calculation rules under West Virginia Code §11-13-2o.