Environment

This bill authorizes the West Virginia Department of Environmental Protection (DEP) to implement a rule (45 CSR 16) that sets emission standards for new industrial facilities, such as factories and power plants. The rule, proposed on July 23, 2025, establishes specific pollution limits these new sources must meet. By passing this bill, the legislature formally approves the DEP's authority to enforce these standards, making the rule enforceable. This directly affects new stationary sources by requiring compliance with the established emission limits.

HB 4035 provides a 35% tax credit against West Virginia's business and occupation tax for coal-fired electric power plants that spend on pollution control equipment. It directly affects coal-fired power plants operating in West Virginia (excluding those exempt from the tax), covering costs for installing, repairing, or maintaining equipment to meet environmental regulations like air/water pollution controls or carbon capture. The credit cannot reduce a plant's tax bill by more than 50% in a single year, and unused portions can be carried forward for up to five years. This bill aims to offset compliance costs while supporting continued operation of coal plants serving West Virginia residents.

SB 245 requires oil and gas operators to file a detailed "Declaration of Pooled Unit" with county clerks within 60 days of receiving a drilling permit. This declaration must include specific information about well locations, parcel boundaries, lease details, and acreage calculations for all wells in a pooled unit. It also mandates additional filings when wellbores cross unit boundaries and gives lessors or royalty owners 60 days to request operator compliance, with the option to pursue legal action if requirements aren't met. The bill directly affects operators, lessors (landowners leasing mineral rights), and royalty owners by increasing transparency around pooled drilling operations.

SB 632, the "Atmospheric Intervention Oversight and Public Safety Act," prohibits unauthorized weather-altering activities within West Virginia, including cloud seeding, stratospheric aerosol injection, and electromagnetic or thermal energy-based modifications. It directly affects any individual, organization, or entity conducting such activities in or above the state, requiring prior state authorization from the Department of Environmental Protection (DEP) for permitted interventions. The bill establishes DEP as the lead agency to enforce prohibitions, investigate violations through cooperative efforts with law enforcement, and impose penalties for unauthorized actions. It defines prohibited activities broadly and mandates transparency, while explicitly stating DEP shall not issue permits for atmospheric modification (per §22-37-3(a)).

This bill establishes statewide standards for outdoor wood- and coal-burning heaters (like those used in rural homes or farms). It requires new installations to be at least 150 feet from property lines and 300 feet from occupied homes, mandates 18-foot stacks, and restricts fuel use to "clean" wood (under 20% moisture), untreated pellets, or manufacturer-approved fuels. Rural property owners with 10+ acres may operate year-round without seasonal limits, provided setbacks are met. The West Virginia Department of Environmental Protection enforces these rules, and local governments cannot create stricter requirements without DEP approval.

Senate Bill 23 (SB 23) clarifies that wind power projects in West Virginia are not classified as "pollution control facilities" for tax purposes and instead must be taxed as real property. This change directly affects wind energy developers and local tax assessors, as it removes the previous allowance for wind turbines and towers to be treated as personal property with reduced valuation. The bill specifies that wind turbines and their towers (including foundations) will be taxed as real property if permanently affixed to the ground, ending prior tax treatment that allowed them to be considered pollution control facilities. This adjustment aligns wind power projects with standard real property taxation, eliminating a prior distinction that impacted how these facilities were valued for local taxes.

West Virginia's SB 685, the Natural Resources Anti-Commandeering Act, prohibits state agencies, local governments, and their employees from enforcing or assisting with federal regulations on coal, oil, gas, timber, or related extractive resources that conflict with West Virginia law. It bans the use of state funds for such federal enforcement activities and requires the state Attorney General to legally challenge federal actions they deem unconstitutional under anti-commandeering principles (citing Supreme Court cases like *Printz v. United States*). The bill also mandates the Attorney General to publish guidance for state agencies on resisting federal enforcement efforts and to pursue legal action using state funds. This applies directly to state officials, law enforcement, and local government entities handling natural resource regulations. The law focuses on preventing state cooperation with federal rules, not altering existing state resource management.

HB 4194 establishes community air monitoring programs in West Virginia for communities downwind from facilities that emit air pollution. It requires the Department of Environmental Protection (DEP) to install fenceline monitors near polluting facilities, provide technical assistance and funding (if available) for community-led monitoring, and accept real-time air quality data submitted by residents. The DEP must evaluate all submitted data using specific criteria like equipment calibration, location details, and analysis methods before deciding whether to conduct follow-up monitoring. This bill directly affects residents living near industrial facilities by granting them greater access to real-time pollution data and enabling community involvement in air quality oversight.