The proposed bill aims to establish the West Virginia Intrastate Energy Use Act, which designates the West Virginia Department of Environmental Protection (WVDEP) as the exclusive regulatory authority for environmental matters concerning coal, oil, and natural gas that are extracted and utilized within the state. The bill emphasizes the state's rights under the Tenth and Ninth Amendments of the U.S. Constitution, asserting that regulation of intrastate commerce, including environmental impacts, falls under state jurisdiction. It also provides definitions for terms such as "coal mine," "oil well," and "gas well," and outlines the requirement for operational permits from the WVDEP for any extraction activities intended for use within West Virginia.

Additionally, the legislation clarifies that the U.S. Environmental Protection Agency (EPA) does not have the authority to deny operational permits for these resources, as they do not enter interstate commerce. The act also extends to power generation facilities that utilize coal, oil, or natural gas, ensuring they comply with environmental regulations when the energy is generated and consumed within the state. Overall, the bill seeks to reinforce West Virginia's authority over its natural resources and environmental regulations, while maintaining compliance with existing state and federal laws.

Statutes affected:
Introduced Version: 5D-1-24