Safety issues dominated W.Va Legislature's regular session

Safety issues dominated W.Va Legislature's regular session

Washington (Platts)--22Mar2006

By the time it concluded its regular session on March 19, the West Virginia
Legislature passed 28 coal-related bills and resolutions with the promise of
an as-yet unscheduled special session to consider tax-related bills. Possible
tax relief for the industry would help defray expenses brought on by new
safety requirements.

"I think clearly the one that you talk about getting the most attention was
the mine safety legislation that went through in late January," West Virginia
Coal Association President Bill Raney told Platts Tuesday. "The bill passed
early and quickly. The remainder of the session was spent in part
concentrating on the regulatory [aspects] and practicality of that law."

The safety legislation -- which prompted a wave of similar legislation in
other coal-mining states like Kentucky and Illinois -- was passed quickly and
unanimously by both West Virginia houses after the January 2 explosion at
International Coal Group's Sago mine in Upshur County killed 12 miners, and a
belt fire later that month at Massey Energy subsidiary Aracoma Coal's Alma No.
1 mine in Logan County claimed two more miners. Governor Joe Manchin
spearheaded the legislation and followed through with filing emergency rules
to implement it.

What didn't pass was a bill that would have given tax credits for safety
equipment required by the new West Virginia law. The general stance for both
the legislature and governor was to delay any consideration of tax-related
bills, such as tax credits, until a special session that has not been
scheduled yet, Raney said.

A "good Samaritan bill" (H.B. 4611) passed, which provides the same
protections to mine rescue teams when they're called to duty as for
firefighters and police officers, for instance, in regards to personal
liability, Raney noted.

Here are other coal-related bills that passed during the West Virginia regular
session. The list does not include more general bills that passed that affect
the coal industry, as well as other businesses, such as raising the state's
minimum wage and clarifying state law on the use of eminent domain:

H.C.R. 84 requests the Joint Committee on Government and Finance to study the
process of granting and denying well work permits for the drilling of gas
wells near active coal mines.

H.B. 4135, which contains Department of Environmental Protection rules, passed
with two amendments. The first calls for a study to be done by the DEP
regarding air quality rules for mercury control and their effect. The second
provides that the raising of "bio-oil" crops is an accepted alternative land
use for surface mine reclamation.

H.B. 4192 changes rules allowing persons 18 years or older to obtain a Class G
Special "helper" permit to use explosives. The previous age limit had been 21.

H.B. 4210 includes commerce rules that affect the Office of Miners' Health,
Safety and Training.

H.B. 4550 requires the DEP to get legislative approval for the finalized
presumptive list of Tier 2.5 streams before the streams can be added to the
Anti-degradation Implementation Procedure.It is expected the designation of
these streams will be an issue during next year's legislative session, WVCA
said.

H.B. 4596 and S.B. 539 beefed up the qualifications for temporary and
permanent directors of the OMHS&T.

H.B. 4622 increases coal bed methane permit fees.

S.B. 357 spelled out tax rules, including a change of the definition for
"prime coal bed" that could now be a below-drainage coal seam.

S.B. 439 strengthened the one-call system requirements for excavators' damage,
but mining operations continue to be exempted from the one-call requirement.

S.B. 461 places in state law current DEP/US Office of Surface Mining policy
for water replacement from underground and surface mining operations.

The mine-safety legislation, including new requirements for additional
breathing equipment, communication and tracking devices, as well as an
emergency response system for reporting mine accidents, was covered under S.B.
247.

Measures that failed concern creating a Division of Energy within the state
Department of Commerce; "whistleblower" protection to nonunion miners;
reporting greenhouse gases; restrictions on underground mining permits;
prohibiting any permits to expand any coal mine waste site; establishing a
mandatory drug and alcohol testing program for coal miners; limited amount of
appeal bonds to bring West Virginia in compliance with standards in other
states; and requirements for drilling gas wells in active mine areas, a
mantrip to be available at all times at a working section, study of slurry
impoundments and underground injection and ventilation for battery charging
stations in mines.

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