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 15 years preceding their last exposure, provided they have a chronic respiratory disability. The bill outlines that claimants can receive 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 structure based on years of exposure, and allows claimants to receive a tax credit for the benefits they receive. To fund the program, it proposes an additional severance tax on coal, natural gas, and oil, as well as on electricity generated by wind and solar devices, with the revenue directed to a newly created "State Black Lung Fund." Furthermore, the Governor and Legislature are tasked with collaborating 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