HB 3130 — Creating the Coalfields Energy Research and Economic Development Authority

WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee FISCALSubstitute for House Bill 3130 NOTE By Delegates Capito, Vance,Gearheart, A.Smith, Ellington, Steele, Cooper, Toney and Riley [Introduced January 30, 2023;

Hall,Referred Gearheart,to Smith,the Ellington,Committee Steele,on Cooper,Energy Kirby,and Toney,Manufacturing the Government Organization] A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-2N-1, §5B-2N-2, §5B-2N-3, §5B-2N-4, §5B-2N-5, and Dean§5B-2N-6, [Introducedall Januaryrelating 30,to 2023;creating the West Virginia Coalfields Energy Research and Economic Development Authority;

Referredestablishing toa thedeclaration Committee on Energy and Manufacturing then Government Organization] Intr HB 2023R3253 A BILL to amend the Code of Westpurpose; Virginia, 1931, as amended, by adding thereto a new article, designated §5B-2N-1, §5B-2N-2, §5B-2N-3, §5B-2N-4, §5B-2N-5, and §5B-2N-6, relating to creating the West Virginia Coalfields Energy Research and Economic Development Authority;

establishing purpose;the exercise of powers shall benefit the citizens of the state and the Authority will perform essential government functions;

settingexempting membershipthe ofAuthority authority;from taxation;

creatingproviding powersfor andcertain dutiesdefinitions; of authority;

exemptingproviding authorityfor fromthe taxation;Authority’s composition, terms of appointment, compensation of members, compensation of expenses and costs, and removal of members;

definingproviding terms;for the Authority’s powers and duties;

The purposes of the authorityAuthority are to promote opportunities for energy development, energy storage, and manufacturing related thereto in the West Virginia coalfields, create jobs,jobs and sustainedsustain economic activity in West Virginia, position the West Virginia coalfields as a leader in energy workforce and energy technology research and development, and thedevelop development of industries engaged in supply chain siting and construction in the energy sector.

CS for HB 3130 (b) The exercise of the powers granted by this article shall be in all respects for the benefit of the citizens of the State of West Virginia and for the promotion of their welfare, health, safety, and prosperity.

(c) The authorityAuthority will perform essential governmental functions in the exercise of the powers conferred upon it by this article, and the property of the authorityAuthority and its income and Intr HB 2023R3253 operations shall be exempt from taxation or assessments upon any property acquired or used by the authorityAuthority under the provisions of this article.

(a) The authorityAuthority shall have a total membership of five members appointed as follows:

All five members of the authorityAuthority shall be residents of West Virginia and all five members shall have voting privileges.

(b) The Secretary of the Department of Economic Development shall serve as the chair of the authorityAuthority and not be subject to any term limits.

1 CS for HB 3130 (c) Except as otherwise provided in this article, member appointments shall be for terms of four years each.

Any appointment to fill a vacancy shall Intr HB 2023R3253 be made in the same manner as the original appointment.

(d) The chair shall appoint from the authority’sAuthority’s membership a vice-chair, who shall serve in such capacity at the pleasure of the authority.Authority.

The chair, or in his or her absence the vice-chair, shall preside at each meeting of the authority.Authority.

The meetings of the authorityAuthority shall be held on the call of the chair or whenever a majority of the members so request.

A majority of members of the authorityAuthority serving at any one time shall constitute a quorum for the transaction of business.

Such expenses shall be paid from funds appropriated to the authorityAuthority by the Legislature.

All costs and expenses incidental to the administration of the authority,Authority including office expenses, personal services expense, and current expense, shall be paid in accordance with guidelines issued by the authorityAuthority from funds available to the authority.Authority.

(f) All expenses and costs, made or incurred in carrying out and administering the provisions of this articlearticle, shall be payable from funds appropriated by the Legislature and as otherwise provided for in this article.

(g) Members of the authorityAuthority may be removed from office for misfeasance, malfeasance, maladministration, nonfeasance, neglect of duty, misconduct, or violation of law.

Powers and duties of the authority.Authority.

(a) In addition to the other powers and duties established under this article, the authorityAuthority has the power and duty to:

2 CS for HB 3130 (1) Administer all duties and powers of this article, including paying,paying and reimbursing,reimbursing all reasonable and necessary costs and expenses, applyapplying for grants, awardawarding grants, enterentering into secured loan agreements, investinvesting funds, and disburse,disbursing and transfertransferring any moneys necessary to carry out the provisions of this article from funds appropriated by the Legislature and as otherwise provided for Intr HB 2023R3253 in this article;

(4) Accept, hold, transfer, and administer moneys, grants, securities, or other property transferred, appropriated, given, or bequeathed to the authority,Authority, absolutely or in trust, from any source, public or private, for the purposes for which the authorityAuthority is established;

(5) Make and execute contractscontracts, and all other instrumentsinstruments, and agreements necessary or convenient for the exercise of its powers and functions;

(6) Employ, in its discretion, consultants, attorneys, architects, engineers, accountants, financial experts, investment bankers, superintendents, managers, and any other persons, employeesemployees, and agents necessary and fix their compensation to be payable from funds made available to the authority;Authority;

(8) Receive and acceptaccept, but not purchase, from any federal,federal oragency, private agency, foundation, corporation, commission, association, or person, grants, donations of money, or real or personal property for the benefit of the authority,Authority, and receive and accept from the State of West Virginia, another state, from any municipality, county, or other political subdivision thereof, or from any other source, aid or contributions of either money, property, or other things of value, to be held, used, and applied for the purposes for which such grants and contributions may be made;

3 CS for HB 3130 (9) Enter into agreements, including the ability to make co-applications, with any department, agency, or instrumentality of the United States, another state or territory of the United States, or of the state and with lenders and enter into loans with contracting parties for the purpose of planning, regulating, and providing for the financing or assisting in the financing of any project;

(10) Do any lawful act necessary or appropriate to carry out the powers granted or Intr HB 2023R3253 reasonably implied in this article, including without limitation, the authority to make co-applications with other states and territories of the United States for the purpose of obtaining grants or other financial assistance to assist in the financing of any project authorized in this article;

(b) The authorityAuthority may consult with research institutions, businesses, nonprofit organizations, and stakeholders as appropriate.

(c) The authorityAuthority shall not take ownership, in any form, in any commercial energy facility or manufacturing related thereto, and shall not, in any form, become a market participant in any commercial energy facility or manufacturing related thereto.

§5B-2N-5.(d) All energy projects supported, promoted, and developed by the Authority under this article are subject to regulation by the Public Service Commission, pursuant §24-1-1 et seq.

of this code, as applicable.

4 CS for HB 3130 §5B-2N-5.

On or before October 15, beginning in 2025 and each odd year thereafter, the authorityAuthority shall submit a report of its activities and recommendations to the Governor and the Joint Committee on Government and Finance.

Intr HB 2023R3253 (b) The authorityAuthority shall hold in confidence the personal and financial information supplied to it or maintained by it concerning the siting and development of energy projects and manufacturing related thereto.