This bill proposes the establishment of the West Virginia Black Lung Program, which aims to provide benefits for pain and suffering related to occupational pneumoconiosis, commonly known as black lung disease. 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 15 years preceding their last exposure. The bill outlines that claimants with this exposure are entitled to monetary benefits for pain and suffering, regardless of total disability status, and specifies a monthly payment structure based on years of exposure.

Additionally, the bill includes provisions for a tax credit against state personal income tax for claimants receiving benefits, as well as the imposition of 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 allocated to a newly created "State Black Lung Fund" to support the program. Furthermore, the Governor and Legislature are tasked with collaborating with other coal-producing states to seek recoupment of federal excise taxes on coal to help offset the costs associated with the black lung benefits.

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