West VirginiaSB 10422026 Regular SessionSenateWALLET

Relating to ventilation of underground mines

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 2 benefits, 0 costs, 5 mixed.

Federal mine plans count for state

A federal MSHA-approved ventilation plan counts as the state-approved plan. The plan must still follow all state mining laws and rules.

Safety committees get airflow tools

Operators must give the safety committee access to anemometers and smoke tubes while it performs its duties. This lets workers measure airflow and smoke movement during checks.

Bleeder and pillar recovery airflow rules

Pillar recovery plans must include bleeder openings that move air through or around abandoned or caved areas. If a bleeder return is closed by roof falls or water, pillar work may continue only if at least 20,000 cfm reaches the pillar-line intake. Where larger pillars are needed, do not drive more than 200 feet without a connection for free air flow. In those areas, deliver at least 12,000 cfm to the last open crosscut, and add more air if needed to dilute gases. In pillar sections, the last crosscut may have less than 9,000 cfm only if the intake gets at least 9,000 cfm. The director may permit greater driving distances in special layouts, with stated conditions.

Safer face ventilation and materials

Line brattice or other approved devices must be used from the last open crosscut to each face and fixed right away if damaged. Brattice cloth must be flame-resistant, and the space to the rib must let enough air volume and speed reach the face. Production at the face must stop while tubing or brattice is being installed. Run-through check curtains must be translucent; if belting is required, add a translucent window at least 30 inches square or half the seam height, whichever is less.

Separate air splits for new units

Each new working unit in virgin coal must have its own split of intake air. The director may grant temporary relief in areas already under development or where conditions block compliance, only until compliance is possible.

Stronger air and gas rules for mines

The law requires operators to provide and keep ventilation working in every coal mine. At least 9,000 cfm must pass the last open crosscut, and each working face must get at least 3,000 cfm, with more if needed to remove gases. Air at active places must have at least 19.5% oxygen and no more than 0.50% carbon dioxide. Airflow must be kept moving in intake and return airways, and fan setups may not create neutral zones. No one may work where the required air quantity and quality cannot be kept.

Ventilation layout: crosscuts, doors, overcasts

As work advances, crosscuts for air must be no more than 105 feet apart. Close unneeded crosscuts between intake and return with incombustible stoppings, and provide a crosscut at or near each face before abandonment. Use air locks, overcasts, or undercasts to limit door use on travelways. Where doors are used, install paired doors to form a ventilated air lock unless doors are mechanical. Build overcasts and undercasts of incombustible material and keep them in good condition.

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Sponsors & Cosponsors

Sponsor

Chris Rose
Republican • Senate

Cosponsors

Chris Phillips
Republican • House

Roll Call Votes

All Roll Calls

Yes: 318 • No: 2

Senate vote • 3/11/2026

Effective from passage (Roll No. 475)

Yes: 32 • No: 0

House vote • 3/11/2026

Effective from passage (Roll No. 398)

Yes: 95 • No: 0

House vote • 3/11/2026

Passed House (Roll No. 397)

Yes: 93 • No: 2

Senate vote • 3/11/2026

Passed Senate (Roll No. 474)

Yes: 32 • No: 0

Senate vote • 2/27/2026

Effective from passage (Roll No. 266)

Yes: 33 • No: 0

Senate vote • 2/27/2026

Passed Senate (Roll No. 265)