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 extracted and utilized within the state. The bill emphasizes that the regulation of intrastate commerce, including environmental impacts, falls under the jurisdiction of West Virginia as guaranteed by the Ninth and Tenth Amendments of the U.S. Constitution. It also provides definitions for terms such as "coal mine," "oil well," and "gas well," and asserts that any operations producing these resources for use within the state must obtain an operational permit from the WVDEP after ensuring compliance with relevant state and federal laws.

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 using coal, oil, or natural gas, ensuring they are subject to the same environmental compliance regulations when the energy is generated and consumed within West Virginia. Overall, the bill seeks to reinforce the state's sovereignty over its natural resources and environmental regulations while maintaining compliance with existing laws.

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