West Virginia Senate Bill SB651

West Virginia 2025 Regular Session

• Introduced: 3/3/25
• Refer: 3/3/25

Caption

Creating WV Black Lung Program

Impact

If enacted, the bill would significantly impact state laws regarding workers' compensation and benefits available to miners in West Virginia. The proposed financial benefits include a baseline payment of $200 per month for eligible miners, with an additional $15 for each year of exposure beyond the initial 15 years. Notably, these benefits can be claimed without the necessity of proving total disability, allowing many affected workers to receive support in a more straightforward manner. Additionally, the bill calls for a new tax on the severance of coal, natural gas, and oil to help fund the Black Lung Program, marking a pivotal shift in the state's approach to worker health and safety.

Summary

Senate Bill 651 aims to establish the West Virginia Black Lung Program, which intends to provide financial assistance to miners suffering from occupational pneumoconiosis, commonly referred to as black lung disease. The bill introduces a presumption of entitlement for pain and suffering benefits for miners who have had at least 10 years of exposure to coal dust and have sustained chronic respiratory disabilities. This is set to take effect on July 1, 2025, with the Insurance Commissioner responsible for proposing the necessary rules for its implementation.

Sentiment

The sentiment surrounding SB651 appears generally supportive among mining advocates and labor groups, who see it as a necessary measure to address the health impacts of coal mining. However, concerns may arise regarding the funding mechanism, particularly the imposition of new taxes. The dichotomy between ensuring miners' welfare and managing the financial implications could foster debate among policymakers and stakeholders, especially those wary of increased taxation in the industries affected by the new law.

Contention

A notable point of contention involves the legislature's decision to levy new taxes specifically aimed at funding the Black Lung Program. While proponents argue that it is essential for ensuring the financial viability of supporting affected workers, opponents may perceive it as an excessive burden on the mining industry. Furthermore, the requirement for the state to collaborate with other coal-producing states to recoup federal excise tax on coal adds another layer of complexity to the bill’s implementation and ongoing viability. Overall, the passage of SB651 could lead to significant changes in how the state addresses occupational health issues for miners.