Energy

This bill directs West Virginia's Office of Energy to develop a comprehensive energy policy and plan covering coal, natural gas, nuclear, renewable, hydrogen, and geothermal sources. It transfers the Office of Coalfield Community Development into the Office of Energy, eliminates outdated duties like the annual coalfield report, and grants the Office new authority to hold stakeholder meetings, set energy-ready community criteria, and designate project sites. The legislation also repeals the 2023 Coal Fired Grid Stabilization Act, merging its provisions into a new "Comprehensive Grid Stabilization and Energy Security Act." The Office must submit annual reports on its findings and develop strategies for multiple energy sectors, including state energy security planning. This restructures state energy policy to embrace diverse energy sources while focusing on stability, cost, and security.

Senate Bill 641 amends West Virginia's Aboveground Storage Tank Act to expand exemptions for small tanks used in oil/gas operations and road maintenance. It exempts tanks holding 210 barrels or less of brine or hydrocarbon-related fluids (not in "zones of critical concern") from third-party inspection requirements, requiring owners to self-inspect, self-certify, and report annually instead. Tanks in "zones of critical concern" still require monthly secondary containment inspections but remain exempt from third-party certification. The bill directly affects oil and gas operators, coal mining sites, and road maintenance crews using these small tanks, while maintaining basic registration and signage rules.

This bill reduces the severance tax rate on metallurgical coal produced in West Virginia, affecting coal mining companies that extract this type of coal. The new rates will take effect in stages starting July 1, 2026, lowering the tax from 5% to 4.5% for the first year, then to 4% the following year, and finally to 3.5% beginning July 1, 2028. Metallurgical coal is defined as coal used for making steel and other metals, distinct from thermal coal used for electricity generation. The tax reduction applies to the gross value of coal produced and includes additional local taxes that are normally part of the total severance tax.