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 last 15 years of their employment. 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 tax credits for claimants receiving benefits, as well as the imposition of an additional severance tax on natural resources and electricity generation from wind or solar sources to fund the Black Lung Program. It also mandates the Governor and Legislature to collaborate with other coal-producing states to recoup federal excise taxes on coal to help offset the costs associated with the program. The bill requires the Insurance Commissioner and Tax Commissioner to propose rules for legislative approval to implement these measures effectively.

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