West VirginiaHB 46962026 Regular SessionHouse

Authorize the Department of Environmental Protection to deposit funds granted pursuant to federal programs

Sponsored By: William Anderson (Republican)

Signed by Governor

§22-2-4

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 2 benefits, 0 costs, 1 mixed.

Cleanup funds fix water and land

DEP spends fund money to restore land and water harmed by old coal mining. Work includes sealing mines, planting to stop erosion, treating polluted water, and stopping coal‑waste fires. DEP must follow the law’s listed spending priorities in order. The state also uses specified federal grants to build, repair, or replace water systems and treatment plants harmed by mining. If the Governor certifies cleanup goals are met, other federal money is not enough, and the U.S. Interior Department agrees, DEP can fund public facilities in coal‑impacted communities.

State deposits and saves cleanup funds

The DEP deposits federal mine‑cleanup grants, donations, state money, and land‑sale proceeds with the State Treasurer. Money goes to the Abandoned Land Reclamation Fund, and to continued state accounts for cleanup. The state may keep up to 30% of annual federal grants in set‑aside accounts for allowed uses. The Reclamation and Restoration Fund and the Acid Mine Drainage Fund continue, are tracked separately, and are spent only as federal law allows. Acid drainage plans must be done with the U.S. Soil Conservation Service and approved by the U.S. Interior Department. Any past interest sent to general revenue is credited back to the acid drainage fund by July 1, 2014.

Which mine sites qualify for cleanup

Cleanup funds mainly cover coal sites abandoned before August 3, 1977, with no ongoing reclamation duty. Some later sites can qualify in two narrow cases: mines active Aug 4, 1977–Jan 21, 1981 with bonds too small, or Aug 4, 1977–Nov 5, 1990 where the surety went insolvent and funds are not enough. The state and the U.S. Interior Department must both agree, and the site must be eligible or more urgent than top priorities. For water supplies harmed before and after August 3, 1977, DEP may fund replacement if it decides most damage was before that date.

Sponsors & Cosponsors

Sponsor

  • William Anderson

    Republican • House

Cosponsors

  • Geno Chiarelli

    Republican • House

  • Jeff Eldridge

    Republican • House

  • Bob Fehrenbacher

    Republican • House

  • Josh Holstein

    Republican • House

  • Clay Riley

    Republican • House

  • Charles Sheedy

    Republican • House

  • George Street

    Republican • House

  • Mark Zatezalo

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 255 • No: 1

House vote 2/20/2026

Effective from passage (Roll No. 136)

Yes: 95 • No: 1

Senate vote 2/19/2026

Effective from passage (Roll No. 156)

Yes: 33 • No: 0

Senate vote 2/19/2026

Passed Senate (Roll No. 155)

Yes: 33 • No: 0

House vote 2/5/2026

Passed House (Roll No. 51)

Yes: 94 • No: 0

Actions Timeline

  1. To Governor 2/23/2026

    2/26/2026House
  2. To Governor 2/23/2026 - Senate Journal

    2/25/2026Senate
  3. Approved by Governor 2/25/2026

    2/25/2026House
  4. Approved by Governor 2/25/2026 - Senate Journal

    2/25/2026Senate
  5. House Message received

    2/21/2026Senate
  6. House received Senate message

    2/20/2026House
  7. Effective from passage (Roll No. 136)

    2/20/2026House
  8. Communicated to Senate

    2/20/2026House
  9. On 3rd reading

    2/19/2026Senate
  10. Read 3rd time

    2/19/2026Senate
  11. Passed Senate (Roll No. 155)

    2/19/2026Senate
  12. Effective from passage (Roll No. 156)

    2/19/2026Senate
  13. Senate requests House to concur in changed effective date

    2/19/2026Senate
  14. Completed legislative action

    2/19/2026House
  15. On 2nd reading

    2/18/2026Senate
  16. Read 2nd time

    2/18/2026Senate
  17. On 1st reading

    2/17/2026Senate
  18. Read 1st time

    2/17/2026Senate
  19. Reported do pass

    2/16/2026Senate
  20. Introduced in Senate

    2/6/2026Senate
  21. To Energy, Industry, and Mining

    2/6/2026Senate
  22. To Energy, Industry, and Mining

    2/6/2026Senate
  23. On 3rd reading, Special Calendar

    2/5/2026House
  24. Read 3rd time

    2/5/2026House
  25. Passed House (Roll No. 51)

    2/5/2026House

Bill Text

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