The proposed bill aims to establish the West Virginia Black Lung Program, which will provide benefits for pain and suffering related to occupational pneumoconiosis. It introduces a conclusive presumption of entitlement to these benefits for miners who have been exposed to hazardous dust for at least 10 years within the last 15 years of their employment. The bill outlines that claimants with this exposure will receive monetary benefits for pain and suffering, regardless of total disability status, and these benefits can be received alongside federal black lung benefits. Additionally, the bill specifies a monthly payment structure based on years of exposure, starting at $200 for 15 years and increasing by $15 for each additional year.

To fund the program, the bill proposes an additional severance tax on coal, natural gas, and oil, as well as on electricity generated by wind and solar devices. The revenue generated from these taxes will be deposited into a newly created "State Black Lung Fund" to support the program's costs. Furthermore, the bill mandates the Governor and Legislature to collaborate with other coal-producing states to seek recoupment of the federal excise tax on coal, which could help offset the expenses associated with the black lung benefits. The Tax Commissioner and Insurance Commissioner are also tasked with proposing rules for the implementation of these provisions.

Statutes affected:
Introduced Version: 23-4D-1, 23-4D-2, 23-4D-3, 23-4D-4, 23-4D-5, 23-4D-6