HB 4696 — Authorize the Department of Environmental Protection to deposit funds granted pursuant to federal programs

WEST VIRGINIA LEGISLATURE REGULAR SESSION ENGROSSEDENROLLED House Bill 4696 ByBY DelegatesDELEGATES Anderson,ANDERSON Fehrenbacher,, Zatezalo,FEHRENBACHER Street,, Chiarelli,ATEZALO, Holstein,STREET, Edlridge,CHIARELL, Riley,OLSTEIN, AndDLRIDGE, SheedyRILE, [IntroducedAND JanuarySHEEDY 21,[Passed February 20, 2026;

Referredin toeffect thefrom Committeepassage] onEnr Energy and Public Works] Eng HB 4696 AAN BILLACT to amend and reenact §22-2-4 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to deposit fundsgrant grantedmoney available pursuant to federal programs,programs including the federal Infrastructure Investment and Jobs Act and the federal Safeguarding Treatment for the Restoration of Ecosystems from Abandoned Mines Act, into thecertain statefunds; Abandoned Land Reclamation Fund.

authorizing the deposit of federal money from the federal Infrastructure Investment and Jobs Act and the federal Safeguarding Treatment for the Restoration of Ecosystems from Abandoned Mines Act into the state Acid Mind Drainage Abatement and Treatment Fund and the state Reclamation and Restoration Fund;

and authorizing generally any other federal abandoned mine land reclamation money to be deposited into any other state abandoned mine land reclamation fund established under state law.

prevention, abatement, treatment and control of water pollution created by coal Enr HB 4696 mine drainage, including restoration of stream beds and construction and operation of water treatment plants;

and payment of administrative expenses and all other necessary expenses incurred to accomplish the purpose of Eng HB 4696 this article:

(2)(A) The secretary may expend the funds allocated to the state in any year through the grants made available under paragraphs (1) and (5), subsection (g) of Section 402 of the federal Surface Mining Control and Reclamation Act of 1977, as amended, for the purpose of protecting, repairing, replacing, constructing or enhancing facilities relating to water supply, including water Enr HB 4696 distribution facilities and treatment plants, to replace water supplies adversely affected by coal surface-mining practices.

(B) If the adverse effects on water supplies referred to in this subdivision occurred both prior to and after the August 3, 1977, subsection (c) of this section does not prohibit the state from Eng HB 4696 using funds for the purposes of this subdivision if the secretary determines that the adverse effects occurred predominantly prior to August 3, 1977.

(3) The In addition to other amounts authorized by this section, the secretary may receive and retain up to thirty 30 percent of the total of the grants made annually to the state under paragraphsany (1) and (5), subsection (g) of Section 402 of the federalfollowing: Surface Mining Control and Reclamation Act of 1977, as amended, if the amounts are deposited to the credit of either:

any of the following:

(A)Enr HB 4696 (C) The special account in the State Treasury designated the "Reclamation and Restoration Fund" is hereby continued.

Moneys in the fund may be expended by the secretary to Eng HB 4696 achieve the priorities stated in subdivision (1) of this subsection after September 30, 1995 and for associated administrative and personnel expenses;

or (B) (D) The special account in the State Treasury designated the "Acid Mine Drainage Abatement and Treatment Fund" is hereby continued.

Provided, That moneys from the funds made available by the secretary of the United States departmentDepartment of interiorInterior pursuant to paragraphs (1) and (5), subsection (g), Section 402 of the federal Surface Mining Control and Reclamation Act of 1977, as amended, may be expended for the reclamation or drainage abatement of a site that:

(1) The surface-mining operation occurred during the period beginning on August 4, 1977, and ending on or before January 21, 1981, and that any funds for reclamation or abatement which are available Enr HB 4696 pursuant to a bond or other financial guarantee or from any other source, and not sufficient to provide for adequate reclamation or abatement of the site;

or (2) the surface-mining operation Eng HB 4696 occurred during the period beginning on August 4, 1977, and ending on or before November 5, 1990, and that the surety of the surface-mining operation became insolvent during that period, and as of November 5, 1990, funds immediately available from proceeding relating to the insolvency or from any financial guarantees or other sources are not sufficient to provide for adequate reclamation of the site:

Provided, however, That the secretary, with the concurrence of the secretary of the United States departmentDepartment of interior,Interior, makes either of the above-stated findings, and that the site is eligible, or more urgent than the reclamation priorities set forth in paragraphs (A) and (B), subdivision (1), subsection (b) of this section.

(e) Where the Governor certifies that the above objectives of the fund have been achieved and there is a need for construction of specific public facilities in communities impacted by coal development, and other sources of federal funds are inadequate and the secretary of the United States departmentDepartment of interiorInterior concurs, then the secretary may expend money from the fund for the construction.

Enr HB 4696 The Clerk of the House of Delegates and the Clerk of the Senate hereby certify that the foregoing bill is correctly enrolled.

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Clerk of the House of Delegates ...............................................................

Clerk of the Senate Originated in the House of Delegates.

In effect from passage.

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Speaker of the House of Delegates ...............................................................

President of the Senate __________ The within is ................................................

this the...........................................

Day of ..........................................................................................................., 2026.

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Governor 7