WEST virginia Legislature
2017 regular session
By
[
to the Committee on Energy then the Judiciary.
A BILL to amend the Code
of West Virginia, 1931, as amended, by adding thereto a new article, designated
§22-32-1, §22-32-2, §22-32-3 and §22-32-4, all relating to creating the
Intrastate Coal and Use Act; establishing
that the environmental regulation of coal and certain coal products mined and
used within the state are exclusively regulated by the West Virginia Department
of Environmental Protection; stating the legislative authority; and defining
terms.
Be it enacted by the
Legislature of West Virginia:
That the Code of West
Virginia, 1931, as amended, be amended by adding thereto a new article,
designated §22-32-1, §22-32-2, §22-32-3
and §22-32-4, all to read
as follows:
ARTICLE 32. ENVIRONMENTAL REGULATION
OF COAL MINED AND USED WITHIN THE STATE.
§22-32-1. Short title.
This article may be
cited as the "Intrastate Coal
and Use Act."
§22-32-2. Authority.
The Legislature declares
that the authority for this article is as follows:
(1) The Tenth Amendment to the United States Constitution guarantees
to the states and their people all powers not granted to the federal government
elsewhere in the Constitution and reserves to the state and people of West
Virginia certain powers as they were understood at the time that West Virginia
was admitted to statehood in 1863. The
guaranty of those powers is a matter of contract between the state and people
of West Virginia and the United States as of the time that the compact with the
United States was agreed upon and adopted by West Virginia and the United
States in 1863.
(2) The Ninth Amendment to the United States Constitution guarantees
to the people rights not granted in the Constitution and reserves to the people
of West Virginia certain rights as they were understood at the time that West
Virginia was admitted to statehood in 1863.
The guaranty of those rights is a matter of contract between the state
and people of West Virginia and the United States as of the time that the
compact with the United States was agreed upon and adopted by West Virginia and
the United States in 1863.
(3) Section 2, Article I of the West Virginia Constitution, states: "The government of the United States is a government of
enumerated powers, and all powers not delegated to it, nor inhibited to the
states, are reserved to the states or to the people thereof." Specifically
enumerated among those "powers
so reserved to the states is the exclusive regulation of their own internal
government and police; and it is the high and solemn duty of the several departments
of government, created by this Constitution, to guard and protect the people of
this state from all encroachments upon the rights so reserved."
(4) The regulation of
intrastate commerce, including the natural environment as affected by
intrastate business, is vested in the states under the Ninth and Tenth
Amendments to the United States Constitution and is specifically retained by the
State of West Virginia according to Section 2, Article I of the West Virginia
Constitution.
§22-32-3. Definitions.
As used in this article,
the following definitions apply:
(1) "Borders of
West Virginia" means the
boundaries of the State of West Virginia described in Section 1, Article II of
the West Virginia Constitution.
(2) The term "coal
mine" means those operations removing coal from a coal seam or seams,
whether aboveground or underground.
(3) "Chemically
altered coal product" means
any product derived principally from coal, including, but not limited to, coke
or liquid fuels derived from coal by any process.
§22-32-4. Requirements.
(a) In light of the
above findings, environmental regulations in West Virginia for all purposes of
regulating business activity performed in West Virginia, when the products of
such business activities are held, maintained, or retained within the borders
of West Virginia, is the principal responsibility of the West Virginia
Department of Environmental Protection.
(b) Any West Virginia
coal mine producing coal which is used commercially or privately in West
Virginia and which is consumed or otherwise remains within the borders of West
Virginia and any West Virginia facility producing chemically altered coal
products used commercially or privately in West Virginia which remain within
the borders of West Virginia shall be issued a permit to operate by the West
Virginia Department of Environmental Protection once the West Virginia
Department of Environmental Protection has certified that the mine or facility
is compliant with all applicable state and federal laws or state and federal
regulations.
(c) A sample from each
vein of coal in a mine and a sample of coal from each West Virginia source used
at a facility producing a chemically altered coal product shall be placed on
record with the West Virginia Department of Environmental Protection to verify
the West Virginia origin of the coal produced and used.
(d) The Legislature
declares that the United States Environmental Protection Agency, acting under
the color of authority of Congress to regulate interstate commerce, lacks the
authority to deny permits of operation to such coal mines and facilities as the
products of these mines and facilities have not traveled in interstate
commerce.
(e) This article applies
to coal and to any chemically altered coal product mined or produced in West
Virginia from basic materials which can be manufactured without the inclusion
of any significant components imported from another state.
(f) This article applies only to the issuance of
a permit of operation to a coal mine or facility producing chemically altered
coal products, the issuance of which permit is required by the Clean Water Act
or by another equivalent state or federal statute or regulation. Nothing in this section may be construed to
limit the effect of any other state or federal statute or regulation.
NOTE: The purpose of this bill is
to create the Intrastate Coal and Use Act.
The bill establishes that the environmental regulation of coal and
certain coal products mined and used within the state are exclusively regulated
by the West Virginia Department of Environmental Protection. The bill states
the legislative authority and defines terms.
Strike-throughs indicate language
that would be stricken from a heading or the present law and underscoring
indicates new language that would be added.