West VirginiaSB 6482026 Regular SessionSenate

Strategic and Critical Resources Act

Sponsored By: Robbie Morris (Republican)

Signed by Governor

§5B-13-1§5B-13-2§5B-13-3§5B-13-4§5B-13-5§5B-13-6

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Bill Overview

Analyzed Economic Effects

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

State blocks local limits on extraction

Counties and cities cannot stop or limit extraction of listed resources outside municipal or urban areas. Local rules on siting, building, operating, or expanding these facilities are preempted there. State law, not local ordinances, governs these activities in non-urban areas. Businesses still need standard licenses and must pay property and sales taxes, utility rates, and city service fees. Projects must also follow the State Building Code.

What counts as a critical resource

The law defines which minerals and materials are “strategic and critical.” Examples include aluminum, lithium, cobalt, copper, rare earths, uranium, zinc, and zirconium. It also covers host material when these resources are recovered as a byproduct. Beginning January 1, 2025, more items can be added using federal critical-materials lists or a presidential decision. This definition decides which projects get the law’s protections and rules.

Environmental laws stay; state writes rules

Federal clean air, water, and public health laws still apply to these projects. Related state laws and rules under those federal laws also remain in force. The West Virginia Office of Energy must write rules to carry out this article and send them to the Legislature for approval. Businesses and the public can comment during rulemaking. The law itself does not set the detailed requirements or costs yet.

Sponsors & Cosponsors

Sponsor

Robbie Morris
Republican • Senate

Cosponsors

Anne B. Charnock
Republican • Senate
Vince Deeds
Republican • Senate
Bill Hamilton
Republican • Senate
Brian Helton
Republican • Senate
Rupie Phillips
Republican • Senate
Ben Queen
Republican • Senate
Rollan A. Roberts
Republican • Senate
Chris Rose
Republican • Senate
Patricia Rucker
Republican • Senate
Randy E. Smith
Republican • Senate
Tom Takubo
Republican • Senate
Eric Tarr
Republican • Senate
Darren Thorne
Republican • Senate
Jack Woodrum
Republican • Senate
Zack Maynard
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 300 • No: 12

Senate vote • 3/14/2026

Effective from passage (Roll No. 681)

Yes: 30 • No: 0

Senate vote • 3/14/2026

Senate concurred in House amendments and passed bill (Roll No. 680)

Yes: 30 • No: 0

House vote • 3/13/2026

Effective from passage (Roll No. 546)

Yes: 90 • No: 5

House vote • 3/13/2026

Passed House (Roll No. 545)

Yes: 88 • No: 7

Senate vote • 2/18/2026

Passed Senate (Roll No. 116)

Yes: 31 • No: 0

Senate vote • 2/18/2026

Effective from passage (Roll No. 117)