SB 458 — Establishing legal right to title of substances derived from drainage on mined lands

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Red = new code to be enacted WEST virginia legislature regular session IntroducedCommittee Substitute for Senate Bill 458 By SenatorsSenator SmithSmith, Jeffries, and JeffriesHamilton [Introduced[Originating Januaryin 20,the 2022;Committee on Natural Resources;

referredreported on February 1, 2022]     A BILL to amend the CommitteeCode onof NaturalWest Resources;Virginia, 1931, as amended, by adding thereto a new section, designated §22-2-10, relating generally to establishing and implementing a program to allow persons treating acid mine drainage at abandoned mine land sites to recover and benefit commercially from valuable and strategically important rare earth elements and critical materials from acid mine drainage;

and thenauthorizing toDepartment theof CommitteeEnvironmental onProtection theto Judiciary]propose Arules BILL to amendimplement the Codeprovisions of West Virginia, 1931, as amended, by adding thereto a new section, designated §22-2-10, relating generally to establishing and implementing a program to explore and capitalize on the potentialsection. for recovering valuable and strategically important rare earth elements and critical materials from acid mine drainage.

Ownership of Substancessubstances Derivedderived from Treatmenttreatment of Acidacid Minemine Drainage.drainage.

Treatment of acid mine drainage reduces its environmental harm by reducing metal and acid pollution of receiving streams.  Treatment also produces materials that may contain valuable concentrations of rare earth elements and critical materials.  Various parties may elect or be compelled to treat acid mine drainage.  In order to encourage the treatment of acid mine drainage, the State of West Virginia determines that all chemical compounds, elements, and other materials of value derived from the byproducts of acid mine drainage treatment may, at the discretion of the treating party, be used by the treating party or its designee for its commercial benefit.  This condition applies regardless of land or other mineral ownership claims.  The DEPDepartment mayof promulgateEnvironmental suchProtection emergency,may interpretive,propose legislative, and procedural rules asin theaccordance secretarywith deems to be useful or necessary to carry out the purposeprovisions of this§29A-3-1 articleet andseq. to implement the intent of the Legislature.

NOTE:to carry out and implement the provisions of this section.

The purpose of this bill is to establish clear legal right to title of chemical compounds, elements, and substances that are derived from the treatment of acid mine drainage on mined lands.

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