West VirginiaSB 6862026 Regular SessionSenateWALLET

Coal Co-tenancy Modernization and Miners Protection Act

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 4 benefits, 1 costs, 1 mixed.

Pay and protections for holdout owners

If you do not consent, you still get paid. You get your share of the higher of the top consenting royalty or 7% of gross first-sale proceeds, with no deductions. You also get the best lease terms any consenting owner has, unless you agree otherwise, and you are not bound by warranty of title, choice-of-law, or arbitration clauses. You are not liable for injury, property damage, title warranty, or environmental claims from operations, unless you acted intentionally. You can ask the West Virginia Tax Commissioner for an accounting within 45 days of getting the operator’s written terms; a ruling is due in 60 days, appeals are allowed, and production continues during the review.

Surface owners can quiet title

After seven years from the first report to the State Treasurer, a surface owner can ask a court to quiet title to unknown coal interests. A court can issue a special commissioner’s deed. The surface owner then gets a share of earlier remitted funds and future proceeds, and unknown owners cannot claim amounts paid after the deed is recorded. At least 60 days before the seven-year mark, the administrator must publish notice once a week for two weeks in each county where the coal is located.

Mining allowed with 75% owner consent

The law lets an operator mine if it tried to reach all known owners and at least 75% agree. That work is not waste or trespass. Consenting owners and their lessees or contractors are not liable for waste or trespass tied to that lawful work.

Surface use rights stay the same

The law keeps current common-law rules on using the land surface to extract coal. It does not change existing surface-use obligations under state mining laws.

Hold and report money for unknown owners

If money is due to unknown or unlocatable owners, you must reserve it and report it. File an initial report to the State Treasurer within 120 days of the first reservation. Then, each quarter, file a report and send the reserved funds by the first day of the next month. Reports must include the property description and owner details when known; you can request an extension for good cause. You are not liable for someone else’s wrongful use of the reported personal information.

State fund for unknown coal owners

The state creates a fund to hold money for unknown or unlocatable coal-interest owners and pay lawful claims. The Treasurer invests the fund with the state investment board, and earnings stay in the fund. The administrator can spend money to find owners and process claims and may use up to 4% for administrative fees and costs. The administrator keeps enough money in reserve to cover expected claims, and credits interest to each owner’s account when the property earned income. Emergency rules to run the program must be in place by September 1, 2026.

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Sponsors & Cosponsors

Sponsor

Chris Rose
Republican • Senate

Cosponsors

Chris Phillips
Republican • House

Roll Call Votes

All Roll Calls

Yes: 236 • No: 17

Senate vote • 3/14/2026

Senate concurred in House amendments and passed bill (Roll No. 659)

Yes: 34 • No: 0

House vote • 3/13/2026

Passed House (Roll No. 549)

Yes: 85 • No: 8

House vote • 3/10/2026

Motion to dispense the second reference to the Committee on the Judiciary (Roll No. 372)

Yes: 84 • No: 9

Senate vote • 3/4/2026

Passed Senate (Roll No. 339)

Yes: 33 • No: 0

Actions Timeline

Approved by Governor 3/27/2026
3/27/2026Senate
To Governor 3/19/2026
3/19/2026Senate
House Message received
3/14/2026Senate
Senate concurred in House amendments and passed bill (Roll No. 659)
3/14/2026Senate
Communicated to House
3/14/2026Senate
Completed legislative action
3/14/2026Senate
To Governor 3/19/2026 - Senate Journal
3/14/2026Senate
Approved by Governor 3/27/2026 - House Journal
3/14/2026House
Approved by Governor 3/27/2026 - Senate Journal
3/14/2026Senate
On 3rd reading, Special Calendar
3/13/2026House
Read 3rd time
3/13/2026House
Passed House (Roll No. 549)
3/13/2026House
Title amendment adopted (Voice vote)
3/13/2026House
Communicated to Senate
3/13/2026House
On 2nd reading, Special Calendar
3/12/2026House
Read 2nd time
3/12/2026House
Committee amendment adopted (Voice vote)
3/12/2026House
On 1st reading, Special Calendar
3/11/2026House
Read 1st time
3/11/2026House
With amendment, do pass, but first to Judiciary
3/10/2026House
Motion to dispense the second reference to the Committee on the Judiciary (Roll No. 372)
3/10/2026House
House received Senate message
3/5/2026House
Introduced in House
3/5/2026House
To Energy and Public Works then Judiciary
3/5/2026House
To House Energy and Public Works
3/5/2026House

Bill Text

Committee Substitute
HTML PDF
Enrolled
HTML PDF
Introduced Version
HTML PDF

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