West Virginia Executive Spring 2023 | Page 29

ENERGY & MANUFACTURING

Energy and infrastructure bills of note include SB 188 , which will reshape West Virginia ’ s energy landscape and position it as a leader in natural gas electric generation . HB 2605 aims to improve response and safety practices of emergency responders . HB 2814 , the Hydrogen Task Force Act , establishes a public sector task force to examine potential growth in the hydrogen industry . HB 3189 creates action steps for monitoring and detecting man-made chemicals in raw and treated water sources .

SB 188

By Rachel Coffman

HB 2814

By Rachel Coffman
SENATE : 30-2 � HOUSE : 90-5 SENATE : 30-2 � HOUSE : 89-10
SB 188 creates the Grid Stabilization and Security Act of 2023 , developing the permitting frameworks for natural gas facilities and establishing metrics in identifying economically viable sites for natural gas electric generation projects in West Virginia .
The strain on the energy load was evident this past winter , and large industrial users of electricity need viable options to maintain critical operations . SB 188 aims to boost the state ’ s economy and energy infrastructure by identifying sites for natural gas electric generation projects that can provide reliable and affordable energy to consumers , like the state ’ s manufacturers . By streamlining the permit application process and providing expedited consideration , SB 188 encourages investment and development in West Virginia ’ s energy sector .
Along the way , SB 188 did see some opposition from the coal industry , which led to the development of a sister bill , HB 3482 : the Coal Grid Stabilization Act . HB 3482 would facilitate the development of business activities related to coal electric generation development , transportation , storage and use . There was an effort made by the House to combine the two bills , but this ultimately failed .

HB 2605

By Rachel Coffman
SENATE : 31-0 � HOUSE : 97-0
HB 2605 establishes a good Samaritan provision for on-site facility response squads and operations trained in emergency response for certain chemicals and highly flammable materials to be able to provide response in an emergency with protection under the Good Samaritan Law .
Many of the state ’ s manufacturing plants have on-site emergency response squads that receive years of detailed training in responding to hazmat , flammable or other crisis scenarios . The squads work together with the county emergency management teams , volunteer fire departments and other local responders . Their expertise is crucial in a crisis to help aid these volunteer fire departments in responding to certain incidents like a spill or leak on the interstate or other transportation units .
Prior to this legislation , there were legal barriers for those trained units to assist local responders . HB 2605 provides immunity from civil liability for certain persons or entities who render or provide emergency care or assistance at the scene of an accident , emergency or disaster in good faith .
West Virginia ’ s economic development future looks promising with the expected hydrogen development in the next decade . The access to natural gas as hydrogen feedstock and the strong industrial users in needing to meet decarbonization goals and availability for carbon sequestration are just a few of the reasons why the state should be designated as a hydrogen hub .
Throughout 2022 , the state Department of Economic Development and the state ’ s federal leaders worked to develop a private sector coalition to lead recruitment efforts for the Appalachian Regional Clean Hydrogen Hub . The coalition is comprised of many private sector industries , from manufacturing to transportation , that will support the development of hydrogen through potential use or development support . HB 2814 , the Hydrogen Task Force Act , establishes a public sector task force to study multiple areas correlating with the potential growth in the hydrogen industry .
The task force will be comprised of representatives appointed by the governor from the state departments of Economic Development , Environmental Protection , Commerce and from the Public Service Commission and higher education .

HB 3189 By Anna Moore

SENATE : 32-0 � HOUSE : 91-8
HB 3189 , the PFAS Protection Act , seeks to address detection of man-made chemicals known as per- and polyfluoroalkyl substances ( PFAS ) in raw water and publicly treated water sources . In March 2023 , the U . S . Environmental Protection Agency ( EPA ) issued standards for six PFAS for drinking water . HB 3189 looks to create a framework for West Virginia ’ s Department of Environmental Protection ( DEP ) to address continued monitoring of PFAS on raw water sites in the state , as the EPA continues to develop permitting and drinking water standards . In 2022 , the DEP and DHHR supported a study by U . S . Geological Survey sampling pre-treated drinking water sources around the state for PFAS detection from 279 sampling sites . The DEP reported the study resulted in 37 sampling sites detecting PFAS in the water sources above EPA ’ s drinking water health advisory limits . In June 2022 , the EPA announced lower health advisory limits , decreasing the thresholds ; the DEP then analyzed the samples based on the new EPA limits and this increased West Virginia ’ s sampling sites with PFAS detected above the limits from 37 to 100 . HB 3189 develops the next steps in the sampling of these sites .
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