WEST VIRGINIA LEGISLATURE
2025 REGULAR SESSION
Introduced
Senate Bill 438
By Senator Rose
[Introduced February 13, 2025; referredto the Committee on the Judiciary]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated ยง5D-1-24, relating to establishing the West Virginia Intrastate Energy Use Act; designating which environmental regulation of coal, oil, and natural gas extracted and used within West Virginia is exclusively regulated by the West Virginia Department of Environmental Protection; legislative authority; and providing definitions related to these energy sources.
Be it enacted by the Legislature of West Virginia:
## ARTICLE 1. PUBLIC ENERGY AUTHORITY OF THE STATE OF WEST VIRGINIA.
The Ninth Amendment ensures rights not specified in the Constitution, reserving such rights to the people of West Virginia as understood at statehood in 1863. This is also a contractual aspect of the compact between West Virginia and the United States.
Regulation of intrastate commerce, including the environmental impact of such activities, falls under the states' jurisdiction under the Ninth and Tenth Amendments, specifically retained by West Virginia.
(b) "Borders of West Virginia "means the geographical boundaries as described in the West Virginia Constitution.
"Coal mine" means operations and facilities related to the extraction of coal from West Virginia's substrata.
"Oil well" means those operations and facilities producing oil from the substrata within West Virginia.
"Gas well" means operations and facilities producing natural gas from the substrata within West Virginia.
(d) Any coal mine, oil, or gas well in West Virginia producing these resources for commercial or private use within the state, including those undergoing primary conversion processes, shall first receive an operational permit from the West Virginia Department of Energy after compliance certification with applicable state and federal laws.
(e) The Legislature asserts that the U.S. Environmental Protection Agency (EPA), under its claim to regulate interstate commerce, lacks authority to deny operational permits for these resources since they do not enter interstate commerce.
(f) This act applies to coal, oil, and natural gas produced within West Virginia and pertains solely to the issuance of operational permits for coal mines, oil, and gas wells as required by environmental regulations such s the Clean Water Act or equivalent statutes. It does not limit the enforcement of other state or federal environmental laws or regulations.
(h) Power Generation: This act extends to include the regulation of power generation facilities in West Virginia using coal, oil, or natural gas, ensuring that such facilities also fall under the purview of the WVDEP for environmental compliance when the energy is generated and consumed within the state.
(i) This legislation is intended to clarify and assert West Virginia's authority over its natural resources, particularly in terms of environmental regulation, in alignment with constitutional rights and state sovereignty.
NOTE: The purpose of this bill is to create the West Virginia Intrastate Energy Use Act, designating which environmental regulation of coal, oil, and natural gas extracted and used within West Virginia is exclusively regulated by the West Virginia Department of Environmental Protection; legislative authority; and provides definitions related to these energy sources.`
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added