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. 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, provided they have a chronic respiratory disability. The bill outlines that claimants are entitled to monetary benefits for pain and suffering without needing to demonstrate total disability, and these benefits can be received alongside other disability awards or federal black lung benefits.

Additionally, the bill details the calculation of benefits, stipulating a monthly payment of $200 for claimants with 15 years of exposure, with an increase of $15 for each additional year worked. It also includes provisions for tax credits against state personal income tax for benefits received, and imposes an additional severance tax on coal, natural gas, oil, and electricity generated by wind or solar devices to fund the program. Furthermore, it mandates cooperation between the Governor and Legislature with other coal-producing states to recoup 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