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Signature Sponsor
February 21, 2026 - Below is a message from Chris Hamilton and Jason Bostic, West Virginia Coal Association:
Re: Legislative Update; President Trump's Actions, ACA Priorities; Capital Coal Rally Wednesday; Legislative Reception Thursday
Today, February 20, 2026, marks the 38th day of the 2026 Regular Legislative Session. As of today, there have been 2,469 bills introduced in the Senate and House, 369 of which are related in some way to the coal industry.
The Senate Finance Committee advanced SB 622 extending the Innovative Mine Safety Tax Credit program to the full Senate where it passed unanimously. The legislation was reported to the House of Delegates and referred to the Finance Committee https://www.wvlegislature.gov/
SB 15 protecting coal reserves from underground carbon sequestration drilling was passed by the Senate and sent to the House of Delegates, where it is pending in the House Energy & Public Works Committee https://www.wvlegislature.gov/
The West Virginia Department of Environmental Protection’s administrative rule package, SB 256, containing revisions to the state’s water quality criteria for selenium was passed today by the House of Delegates. https://www.wvlegislature.gov/
The West Virginia Department of Commerce rule package, SB 374, which contains rule changes advanced by West Virginia Office of Miners’ Health, Safety & Training has been passed by the Senate and is pending in the House Government Organization Committee https://www.wvlegislature.gov/
SB 686, that would create a co-tenancy development program for coal industry has been passed by the Senate’s Energy, Industry & Mining Committee, and its currently pending in the Senate Judiciary Committee. We expect the Judiciary Committee to move the bill after this week. https://www.wvlegislature.gov/
HB 40026/SB 420, A special subcommittee of the Senate Energy, Industry & Mining Committee met today after floor session and unanimously agreed to the committee substitute for HB 4026 (see here) which was a House passed bill dealing with new technologies and Integrated Resource Plans. The committee substitute included SB 420 and a number of provisions establishing additional monitoring and oversight of coal plants along with requiring the WVPSC to develop rules to implement criteria surrounding the 69% operating capacity factor for coal plants. The committee substitute will be taken up for consideration by the full EIM Committee on Monday.
We expect the House Finance Committee to act on the Association’s proposal to lower metallurgical coal severance rates next week that would gradually reduce the current 5% met severance rate to 3%.
Here, for your reference and information, is a tracking sheet of all legislation being monitored by the Association.
Last week, the industry experienced multiple positive actions from President Trump and his energy team including a roll back of the “endangerment finding” which authorized the federal Environmental Protection Agency to regulate greenhouse gases. The endangerment finding serves as the underpinning of all subsequent federal actions designed to regulate greenhouse gas emissions. President Trump also announced special Department of Energy funding for several West Virginia coal fired power plants during the second "Big, Beautiful Clean Coal" event at the White House. At the White House event, the President announced that all US Defense Military bases will receive their electrical supplies from coal-fired electric generators. A large number of WVCA members attended the White House event where the President was recognized and given the “Champion of Coal” award by the Washington Coal Club.
Last week's announcement came on the heels of the President reinvigorating the National Coal Council and renaming the Morgantown WV DOE National Energy Technology Laboratory (NELT) research facility as the "National Center of Coal Excellence".
The Association and the West Virginia Coal Forum, a joint labor-management group sponsored by the state hosted a rally at the State Capital this Wednesday to bring attention to the major challenges facing the coal industry including the natural gas plants recently announced in West Virginia. Last Friday, First Energy’s Mon Power subsidiary announced plans for a 1200 MW gas plant in Monongalia County (adjacent to the existing Fort Martin coal fired power plant). First Energy also filed a notice and request for authorization to construct the plant with the West Virginia Public Service Commission. Docketed as Case No. 26-0108-E-CN, approval of the PSC is required for the new plant to be added to the regulated rate base of First Energy customers in West Virginia. The PSC’s consideration of the application is expected to take thru the remainder of 2026. The Association is preparing to officially intervene in the case before the PSC.
For your information, the America's Coal Associations met last week in conjunction with the American Coal Council and developed an aggressive agenda including Congressional reforms on AML and Black Lung Excise Taxation. The ACA will also set up meetings with top officials at MSHA and OSM to discuss their overall operation and agency objectives. We may plan these meetings around the Symposium which is presently set for March 31 and April 1. Here is an electronic announcement for the Symposium.
The Association's weekly legislative reception is set from 5:00 pm to 7:00 pm Thursday, February 26 at the Shriners Temple adjacent to the Charleston Coliseum and Conference Center.
Our weekly coal clips containing highlights of the items addressed in this memo may be accessed here. |
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