West Virginia 2022 Regular Session Status: Enacted 5 R cosponsors

HB 4758 — Relating to developing and maintaining a database to track reclamation liabilities in the West Virginia Department of Environmental Protection Special Reclamation Program

Last action — Chapter 130, Acts, Regular Session, 2022

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House of Delegates
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 15, 2022. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 6 sponsors

    1 primary, 5 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (5 R).

  • Cleared a recorded vote

    Passed 1 recorded vote so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

In plain language

The bill creates a database to track reclamation liabilities for coal mining permits in West Virginia.

This legislation mandates the development and maintenance of a database by the West Virginia Department of Environmental Protection to monitor reclamation liabilities associated with forfeited coal mining permits. The goal is to better quantify the potential financial responsibilities of the Special Reclamation Program.

What this means for you
  • Environment: This means potential environmental monitoring and accountability regarding coal mining practices and their reclamation.

Bill Text

What changed in the latest version

68 added · 43 removed

Plain-language change summary

The revised bill now includes a clearer guideline for the certification process, stating that if no certification is issued within 30 days, the application will automatically be considered certified. Additionally, the bill emphasizes the importance of collecting and updating data related to reclamation liabilities at coal mining operations every quarter starting in July 2022. These changes matter because they aim to streamline the certification process and ensure that the financial assessments of reclamation funds are based on up-to-date information, which can help improve environmental management and accountability in the coal industry.

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NEWS RELEASES HELPFUL LINKS Introduced Version « House Bill 4758 History OTHER VERSIONS  —  Enrolled Version - Final Version  |   |  Email Key:
NEWS RELEASES HELPFUL LINKS Enrolled Version - Final Version « House Bill 4758 History OTHER VERSIONS  —  Introduced Version  |   |  Email Key:
Red = new code to be enacted WEST virginia legislature regular session Introduced House Bill 4758 By Delegates Anderson, Cooper, Zatezalo, J.
Red = new code to be enacted WEST virginia legislature regular session ENROLLED House Bill 4758 By Delegates Anderson, Cooper, Zatezalo, J.
Kelly, Westfall, and Ferrell [Introduced February 15, 2022;
Kelly, Westfall, and Ferrell [Passed March 8, 2022;
referred to the Committee on Energy and Manufacturing]   A BILL to amend and reenact §22-3-11 of the Code of West Virginia, 1931, as amended, relating to developing and maintaining a database to track reclamation liabilities in the West Virginia Department of Environmental Protection Special Reclamation Program in order to better quantify the potential liability of the Special Reclamation Program for forfeited coal mining permits.
in effect ninety days from passage.]   AN ACT to amend and reenact §22-3-11 of the Code of West Virginia, 1931, as amended, relating to developing and maintaining a database to track reclamation liabilities in the West Virginia Department of Environmental Protection Special Reclamation Program in order to better quantify the potential liability of the Special Reclamation Program for forfeited coal mining permits.
(f) All bond releases shall be accomplished in accordance with the provisions of §22-3-23 of this code.
(f) All bond releases shall be accomplished in accordance with §22-3-23 of this code.
Should no certification be issued within the 30-day period, the application will shall be deemed considered certified.
Should no certification be issued within the 30-day period, the application shall be considered certified.
(h) The Tax Commissioner may promulgate rules for legislative approval pursuant to the provisions of §29A-3-1 et seq.
(h) The Tax Commissioner may promulgate rules for legislative approval pursuant to §29A-3-1 et seq.
and (B) conduct formal actuarial studies every two years and conduct informal reviews annually on the Special Reclamation Fund and Special Reclamation Water Trust Fund;
(B) conduct formal actuarial studies every two years and conduct informal reviews annually on the Special Reclamation Fund and Special Reclamation Water Trust Fund;
(4) If the secretary determines that the alternative program, the incremental bonding program or the water reclamation account or bonding programs reasonably assure that sufficient funds will be available to complete the reclamation of a forfeited site and that the Special Reclamation Fund will remain fiscally stable, the secretary is authorized to may propose legislative rules in accordance with §29A-3-1 et seq.
(4) If the secretary determines that the alternative program, the incremental bonding program or the water reclamation account or bonding programs reasonably assure that sufficient funds will be available to complete the reclamation of a forfeited site and that the Special Reclamation Fund will remain fiscally stable, the secretary may propose legislative rules in accordance with §29A-3-1 et seq.
Provided, That under no circumstance shall may the special reclamation tax be construed to be an increase in either the minimum severance tax imposed by said that article or the severance tax imposed by §11-13-1 et seq.
Provided, That under no circumstance may the special reclamation tax be construed to be an increase in either the minimum severance tax imposed by that article or the severance tax imposed by §11-13-1 et seq.
  NOTE:
The Joint Committee on Enrolled Bills hereby certifies that the foregoing bill is correctly enrolled.
The purpose of this bill is to allow the Special Reclamation Program to develop and maintain a database designed to track reclamation liabilities.
    ...............................................................
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
        Chairman, House Committee                          ...............................................................
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                             Chairman, Senate Committee                                                       Originating in the House.
  In effect ninety days from passage.
    ...............................................................
                  Clerk of the House of Delegates                          ...............................................................
                                                  Clerk of the Senate                                         ...............................................................
                                                   Speaker of the House of Delegates                                                                 ...............................................................
                                                                                     President of the Senate     __________             The within ...................................................
this the...........................................
  day of ..........................................................................................................., 2022.
                                                    .............................................................
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Action History

  1. Chapter 130, Acts, Regular Session, 2022

  2. Approved by Governor 3/28/22

  3. To Governor 3/17/22

  4. Approved by Governor 3/28/22 - Senate Journal

  5. Approved by Governor 3/28/22 - House Journal

  6. To Governor 3/17/22 - House Journal

  7. To Governor 3/17/2022 - Senate Journal

  8. House received Senate message

  9. Completed legislative action

  10. Communicated to House

  11. Passed Senate (Roll No. 386)

  12. Read 3rd time

  13. On 3rd reading

  14. Read 2nd time

  15. On 2nd reading

  16. Read 1st time

  17. On 1st reading

  18. Reported do pass

  19. To Energy, Industry, and Mining

  20. To Energy, Industry, and Mining

  21. Introduced in Senate

  22. Communicated to Senate

  23. Passed House (Roll No. 228)

  24. Read 3rd time

  25. On 3rd reading, Special Calendar

  26. Read 2nd time

  27. On 2nd reading, Special Calendar

  28. Read 1st time

  29. On 1st reading, Special Calendar

  30. Do pass

  31. To House Energy and Manufacturing

  32. Introduced in House

  33. To Energy and Manufacturing

  34. Filed for introduction

Sponsors

Sponsorship breakdown

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1 sponsors · 5 co-sponsors · 128 not signed on

Sponsors (1)

Co-sponsors (5)

Not signed on (128)

128 members have not signed on to this bill.

Show all 128 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passage

Passed 33 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 10000
Unaffiliated 22001
Democrat 1000
Total 33001
% of votes cast 97%0%0%3%
How each member voted (34)
Member Party Vote
LINDSAY — Yea
STOLLINGS — Yea
BALDWIN — Yea
MARONEY — Yea
STOVER — Yea
BEACH — Yea
MARTIN — Yea
SWOPE — Not Voting
BOLEY — Yea
MAYNARD — Yea
SYPOLT — Yea
BROWN — Yea
NELSON — Yea
CAPUTO — Yea
PHILLIPS — Yea
PLYMALE — Yea
TRUMP — Yea
GEFFERT — Yea
ROMANO — Yea
JEFFRIES — Yea
SMITH — Yea
MR PRESIDENT — Yea
KARNES — Yea
Mike Woelfel Democrat Yea
Amy Grady Republican Yea
Bill Hamilton Republican Yea
Charles H. Clements Republican Yea
Eric Tarr Republican Yea
Jack Woodrum Republican Yea
Mike Azinger Republican Yea
Patricia Rucker Republican Yea
Rollan A. Roberts Republican Yea
Ryan Weld Republican Yea
Tom Takubo Republican Yea

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 4758?
HB 4758 is sponsored by Dana Ferrell (Republican), Westfall, Mark Zatezalo (Republican), Roy Cooper (Republican), William Anderson (Republican), and Betsy Kelly (Republican).
What is the current status of HB 4758?
This bill has been enacted into law. Introduced February 15, 2022. Enacted.
Where can I track HB 4758?
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