THE ENERGY INDUSTRY By Rachel Coffman
The Legislature focused on creating pathways toward energy diversification in 2022 and addressed environmental sustainability goals . West Virginia legislators passed numerous bills related to energy production . SB 4 , SB 262 , HB 4084 , HB 4098 , HB 4451 and HB 4491 help futher diversify the West Virginia energy portfolio .
SB 4 SENATE : 24-7 � HOUSE : 76-16
Removing the prohibition on the construction of nuclear power plants in the state was a bipartisan supported measure in both chambers this session . A major policy priority as the session began , the January interim session focused on presentations from the Nuclear Energy Institute and other industry experts educating legislators on the technology advancements of nuclear energy . The ban on nuclear power construction has been in place since 1996 , a ban less than 15 states still have in place . The proponents of SB 4 , in both chambers , echoed this legislation is a game changer in allowing the pathways for current and future economic investments to have a diversified energy portfolio in West Virginia .
Opposition to the bill were those heavily devoted to the coal industry and those with lingering environmental concerns . The bill repeals two codes sections from Chapter 16 that were previously instated for the prohibition . Many agreed it will be years before nuclear power plants would be in operation in the state , but this legislation allows for the plans to begin . There still needs to be careful consideration and education on technologies available for radioactive waste disposal associated with operations .
HB 4084 SENATE : 33-0 � HOUSE : 93-0
HB 4084 creates a definition of advanced recycling and removes advanced recycling from the Solid Waste Management Act and Disposal . This policy is needed to open the door for advanced recycling manufacturers looking for potential investments in the state to operate .
The process of advanced recycling is taking plastics in their used form and converting them to polymers to be used as new plastics or other outputs like fuel and other chemicals .
The bill saw no opposition among House members and had no major changes besides a technical amendment from the Senate Economic Development Committee . The West Virginia Environmental Council expressed concern and opposition to the bill on increased pollution opportunities . Scott Mandirola , Deputy Secretary of the West Virginia Department of Environmental Protection ( DEP ), addressed those concerns in the House Energy and Manufacturing Committee . Mandirola stated , like any other regulated manufacturing facility in the state , advanced recycling manufacturers will have to comply with the current rules and regulations for air and water permits and remain in compliance with those permits .
SB 262 SENATE : 31-2 � HOUSE : 80-14
As session began , Treasurer Riley Moore announced the West Virginia Board of Treasury Investments , the management arm of almost $ 8 billion of the state ’ s operating funds , would cease to use BlackRock Inc . investment funds due to the company ’ s net zero investment strategies . In late 2021 , Moore led an effort to create a 15-state coalition to address fossil-fuel industry boycotts from financial institutions . Financial institutions are creating policy frameworks and guidelines to align lending and investment portfolios with net-zero emissions in the coming decades .
SB 262 creates a policy on how the West Virginia Office of the Treasurer would address these established boycotts , which are a threat to the health of the state ’ s economy heavily tied to coal and natural gas operations . The bill authorizes the treasurer to maintain a list of restricted financial institutions that have announced a boycott of lending to traditional energy companies operating in fossil fuels . The financial institution has a 30-day window to respond to the action by the state . By being placed on the list , a financial institution risks being ineligible to enter or remain in banking contracts with the state .
HB 4098 SENATE : 33-0 � HOUSE : 96-2
The 2022 session had an elevated energy focus , identifying additional sources to increase energy options in the state . HB 4098 establishes a regulatory framework for geothermal energy . The oversight for the renewable energy source will be conducted by the West Virginia DEP .
As stated in the Senate Energy , Industry and Mining Committee , this legislation would not create widespread development in the geothermal industry across the state , instead taking a more targeted approach . Research conducted by West Virginia University ( WVU ) cites North Central West Virginia as a potential geothermal hotspot . Currently , WVU is conducting research , funded by the U . S . Department of Energy , to learn the viability of geothermal power from 15,000-foot well measurements .
The newly created regulatory program would establish a permitting system for geothermal development , address surface ownership rights and grant rule-making authority to the agency to establish rules on drilling and reclamation . The bill does exclude geothermal uses for private residences and farms .
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