This bill amends sections of the Code of West Virginia concerning surface mining reclamation requirements, particularly focusing on the special reclamation fund and bonding requirements. It establishes that the bond amount must reflect actual reclamation costs instead of a fixed range and introduces conditions for bonding companies to support the special reclamation fund's viability. The bill also mandates collaboration between the tax department and the department of environmental protection for accurate reporting and timely payments into the fund. Furthermore, mining operations must maintain current payments to the special reclamation fund to obtain and keep their mining permits.

Additionally, the bill creates a special reclamation fund advisory council within the Department of Environmental Protection, comprising eight members from various sectors, including the coal industry and environmental organizations. This council will evaluate the fund's effectiveness, conduct biennial actuarial studies, and submit annual reports to the Legislature and the Governor. The bill also requires the Tax Commissioner to send monthly coal production data to the secretary to address discrepancies in reported tonnage and payments. It emphasizes the need for timely payment of the special reclamation tax, stating that the Secretary cannot issue or renew permits for those who are delinquent in their payments, thereby ensuring compliance with state and federal mining laws.

Statutes affected:
Introduced Version: 22-1-17, 22-3-11