SENATE CONCURRENT RESOLUTION NO. 89

(By Senators Hunter, Kessler, Stollings, Wells, Deem,

Guills, Sprouse and Sypolt)
[Originating in the Committee on Energy, Industry and Mining]


Requesting the Joint Committee on Government and Finance study the economic impact of the coal industry and its impact on the environment, community and residents of West Virginia .

Whereas, There is a need for an ongoing study of the future of the coal industry in West Virginia and its projected impact on the overall future of the State of West Virginia, with particular emphasis on the overall economic impact in terms of the state's revenue in relation to the effects of the coal industry upon the environment, communities and residents of the coalfields; and
Whereas, The West Virginia Legislature tirelessly seeks to improve the quality of life for the citizens of the mountain state; and
Whereas, Coal mining has been, and continues to be, one of the primary industries responsible for the economic success of West Virginia and its citizens; and
Whereas , Coal mining, including the practice of mountaintop mining, currently accounts for the payment of millions of dollars in severance taxes, millions of dollars in income taxes and millions of dollars in other related taxes paid to the State of West Virginia; and
Whereas, Despite the revenues generated as a result of the industry, of paramount concern is the health and well-being of our residents and the beauty of the State of West Virginia; and
Whereas, A study to determine the long-term and ongoing effects of the coal mining industry since the Bragg decision was handed down is necessary; and
Whereas, On October 20, 1999, a decision was issued from the United States District Court for the Southern District of West Virginia in the case of Bragg, et al. v. Robertson, et al., concerning stream "buffer zones" and "valley fills"; and
 Whereas, Following the Bragg case, additional controls and oversight on the mine permitting process were instituted in the state, including that an environmental impact statement be drafted relating to the ecological effects of the placement of valley fills in streams incident to the surface mining process; and
Whereas, Currently, the West Virginia Department of Environmental Protection is conducting a coal slurry injection study , due to be completed and reported to the Joint Committee on Government and Finance in April or May 2008, t o examine whether or not there are health risks involved; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the economic impact of the coal industry and its impact on the environment, community and residents of West Virginia ;
Further resolved, That the study should include the overall environmental impact and the economic impact of the coal industry and incorporate the results of the previously authorized Coal Slurry Injection Study ; and, be it
Further Resolved, That the Joint Committee on Government and Finance is hereby permitted to establish an independent task force to examine these issues and report its findings to the Joint Committee on Government and Finance; and be it
 Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2009, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.