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, with the requirement that they have sustained a chronic respiratory disability. The bill outlines the calculation of benefits, which includes a base monthly payment of $200 for claimants with 15 years of exposure, plus an additional $15 for each year beyond that. Importantly, claimants can receive these benefits without needing to demonstrate total disability, and they may also receive them alongside federal black lung benefits.

To fund the program, the bill imposes 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. Additionally, the bill mandates that the Governor and Legislature work with other coal-producing states to recoup a portion of the federal excise tax on coal, further aiding in the financial sustainability of the Black Lung Program. The Tax Commissioner is 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