SB 1008 — Relating to statute of limitations for asbestos and silica litigation

SB1008WEST HVIRGINIA JUDLEGISLATURE AMREGULAR #1BakerSESSION 3228 TheEnrolled CommitteeSenate onBill the1008 JudiciaryBYS movedENATORSH toELTON, amendOSE,AND theTARR bill[Passed onMarch page14, 1,2026; after the enacting clause, by striking the remainder of the bill and inserting in lieu thereof the following:

in effect from passage] Enr SB 1008 AN ACT to amend and reenact §55-7G-9 of the Code of West Virginia, 1931, as amended, relating to the statute of limitations for asbestos and silica litigation;

and clarifying when a cause of action may be brought.

Be it enacted by the Legislature of West Virginia:

(a) With respect to an asbestos or silica action not barred by limitations as of this article's effective date, an exposed person's cause of action shall not accrue, nor shall the running of limitations commence, prior to the earlier of the date:(1)date: The exposed person received a medical diagnosis of an asbestos-related impairment or silica-related impairment;(2) The exposed person discovered facts that would have led a reasonable person to obtain a medical diagnosis with respect to the existence of an asbestos-related impairment or silica-related impairment;

or(3)(1) The date of death of the exposed person havingreceived an asbestos-related or silica-related impairment.(b) Nothing in this section shall be construed to revive or extend limitations with respect to any claim for asbestos-related impairment or silica-related impairment that was otherwise time-barred on the effective date of this article.(c) Nothing in this section shall be construed so as to adversely affect, impair, limit, modify, or nullify any settlement or other agreements with respect to an asbestos or silica action entered into prior to the effective date of this article.(d) An asbestos or silica action arising out of a nonmalignantmedical conditiondiagnosis shall be a distinct cause of action from an action for an asbestos-related impairment or silica-related cancer.impairment;

Where(2) otherwiseThe permittedexposed underperson statediscovered law,facts nothat damageswould shallhave beled awarded for fear or increased risk of future disease in an asbestos or silica action.(e) Notwithstanding the provisions of this section, a plaintiffreasonable inperson anto asbestosobtain or silica action may not bring an action against the manufacturers of mining equipment used underground when the exclusive use of asbestos in the equipment was as a resultmedical ofdiagnosis specificwith requirementsrespect under 30 CFR Part 18 or, as to the useexistence of silica,an theasbestos-related designimpairment was as specified in 30 CFR Part 33 when the equipment was originally manufactured, based on any theory or doctrine,silica-related exceptimpairment; within the applicable limitations period and, in any event, within 12 years from the date of first sale, lease, or delivery of possession by the manufacturers or 10 years from the date of first sale, lease, or delivery of possession to its initial user, consumer, or other non-seller, whichever period expires earlier, unless the manufacturers of equipment used in coal mining have expressly warranted or promised the product for a longer period and the action is brought within that period.

Thisor subsection(3) doesThe notdate applyof todeath of the useexposed ofperson brakeshaving andan anyasbestos-related brakeor material.  AdoptedRejectedsilica-related impairment.

(b) Nothing in this section shall be construed to revive or extend limitations with respect to any claim for asbestos-related impairment or silica-related impairment that was otherwise time- barred on the effective date of this article.

(c) Nothing in this section shall be construed so as to adversely affect, impair, limit, modify, or nullify any settlement or other agreements with respect to an asbestos or silica action entered into prior to the effective date of this article.

(d) An asbestos or silica action arising out of a nonmalignant condition shall be a distinct cause of action from an action for an asbestos-related or silica-related cancer.

Where otherwise permitted under state law, no damages shall be awarded for fear or increased risk of future disease in an asbestos or silica action.

Enr SB 1008 (e) Notwithstanding the provisions of this section, a plaintiff in an asbestos or silica action may not bring an action against the manufacturers of mining equipment used underground when the exclusive use of asbestos in the equipment was as a result of specific requirements under 30 CFR Part 18 or, as to the use of silica, the design was as specified in 30 CFR Part 33 when the equipment was originally manufactured, based on any theory or doctrine, except within the applicable limitations period and, in any event, within 12 years from the date of first sale, lease, or delivery of possession by the manufacturers or 10 years from the date of first sale, lease, or delivery of possession to its initial user, consumer, or other non-seller, whichever period expires earlier, unless the manufacturers of equipment used in coal mining have expressly warranted or promised the product for a longer period and the action is brought within that period.

This subsection does not apply to the use of brakes and any brake material.

Enr SB 1008 The Clerk of the Senate and the Clerk of the House of Delegates hereby certify that the foregoing bill is correctly enrolled.

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Clerk of the Senate ...............................................................

Clerk of the House of Delegates Originated in the Senate.

In effect from passage.

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President of the Senate ...............................................................

Speaker of the House of Delegates __________ The within is ................................................

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

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

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Governor 3