West Virginia Senate adopts Coal Renaissance Act

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An effort to back a renewed effort to support and expand the coal industry in West Virginia has been successful, with the state Senate adopting Concurrent Resolution 18, or the Coal Renaissance Act, on March 17. At press time for Coal Trends, the resolution was set to go before the West Virginia House of Delegates.

It was first introduced in the state’s capital city of Charleston on March 11.It was presented by Senators Helton, Rose, Azinger, Martin, Maynard, Taylor, Thorne, Rucker, Phillips, Hart, and Willis.

Under these plans, the West Virginia Department of Commerce, West Virginia Coalfield Development, West Virginia Public Energy Authority, and West Virginia Office of Energy would work with the West Virginia Senate Energy, Industry, and Mining Committee to create plans to open new coal operations and keep current operations running.

If passed, the resolution would go to United States President Donald Trump, the Secretary of the United States Department of Energy, the Chair of the United States Energy Council, and the Governor of the state of West Virginia to notify all parties of the intention to expand the coal industry statewide.

West Virginia Coal Association President Chris Hamilton said the legislation would motivate the state’s coal-fired electric generators to run more often.

“And when they run more frequently, they run more efficiently. They also result in additional coal supplies and coal miners working,” Hamilton said.

“And most importantly, they provide the basis to see our industrial and our residential electric rates to be stabilized at the minimum and perhaps and hopefully even lowered going forward.”

SENATE CONCURRENT RESOLUTION 18

(By Senators Helton, Rose, Azinger, Martin, Maynard, Taylor, Thorne, Rucker, Phillips, Hart, and Willis)[Introduced March 11, 2025]

Recognizing an intent to create the West Virginia Coal Renaissance Act.

Whereas, The 2024 General Election brought about major philosophical and political change as it relates to the use of thermal coal for domestic electric generation; and

Whereas, For 12 years under President Obama and President Biden, coal mining and coal-fired electric generation were discouraged and the Environmental Protection Agency (EPA) used its rule-making authority to transition away from coal as a valuable asset; and

Whereas, During these 12 years, beginning in 2008, West Virginia’s coal mining employment and productivity levels were effectively reduced by 50 percent; and

Whereas, West Virginia’s two major electric generating utilities closed six coal-fired electric generation facilities in West Virginia; and

Whereas, The state of West Virginia experienced wide-spread job losses, family hardships, and undesirable consequences related to domestic abuse and drug use that goes hand-in-hand with loss of family employment and income; and

Whereas, For 12 years under President Obama and President Biden, electric utilities were encouraged to transition away from coal as a base fuel for electric generation; and

Whereas, Electric utilities operating in West Virginia established similar anti-coal, climate policies which continue and remain in effect today; and

Whereas, The West Virginia Public Service Commission has established 69 percent as the optimum capacity factor for operating coal-fired generators; and

Whereas, The 69 percent capacity factor is designed to optimize plant operation, fuel consumption, plant efficiencies and, furthermore, control electric rates for all consumers; and

Whereas, In-state electric utilities have argued against the 69 percent capacity factor at every turn and by and large, have ignored the commission’s ideal capacity factor; and

Whereas, After 12 years of transitioning away from coal-fired electric generation and being incentivized for not running the coal plants at optimum performance, it becomes highly improbable for West Virginia’s utilities to own the commitment and undertake the expense and effort to upgrade their facilities to extend the coal burn and plant life; and

Whereas, The 2024 General Election brought about major philosophical and political change as it relates to the use of thermal coal for domestic electric generation; and

Whereas, President Trump issued Executive Orders No. 14156 and 14154, Declaring a National Energy Emergency and Unleashing American Energy, and pledged to do everything in his power to reverse the job killing policies of the Biden administration; and

Whereas, President Trump envisions fossil fuels, including coal, to play a major role in achieving his Energy Emergency Executive Order; and

Whereas, United States Energy Secretary, Chris Wright, and United States Energy Council Chair, Doug Burgum, are charged with implementing President Trump’s Energy Emergency Executive Orders; and

Whereas, Governor Morrisey has pledged his full support for President Trump’s energy strategy and has moved forward with his commitment to work together on policies and programs to boost West Virginia coal production and consumption; and

Whereas, It is the will of the West Virginia Legislature to see West Virginia coal plants run at the optimum capacity factor heretofore established by the West Virginia Public Service Commission; and

Whereas, With federal and state political forces totally aligned and state policy makers having elevated interest to expand West Virginia’s coal industry so more jobs, taxes, commerce, payroll dollars, and stability can once again rein throughout all coal producing counties; and

Whereas, The behavior of coal plant operators must change commensurately in recognition of the new paradigm without restrictions and competing performance objectives; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby recognizes an intent to create the West Virginia Coal Renaissance Act; and, be it

Further Resolved, That the West Virginia Legislature shall partner with Governor Morrisey and the Trump Administration towards the creation of the “Coal Renaissance Act” and attendant programs and initiatives to encourage and foster great coal usage within West Virginia and to increase the annual percentage of instate coal consumed at West Virginia’s coal-fired electric facilities; and, be it

Further Resolved, That the West Virginia Department of Commerce, West Virginia Coalfield Development, West Virginia Public Energy Authority, and West Virginia Office of Energy shall convene under the auspices of the West Virginia Senate Energy, Industry, and Mining Committee to develop appropriate strategies to fully develop coal production and in-state coal consumption including consideration of: (1) New coal-fired and coke plants; (2) new coal-to-products operations; (3) necessary regulatory provisions to establish a program for coal-fired utilities to make all regular coal plant upgrades and maintenance programs to run more efficiently and extend plant life; (4) necessary agreements to keep existing coal plants from closing prematurely; and (5) necessary regulatory provisions to prevent coal-fired utilities to prevent the use of privatization for closing coal-fired generations; and, be it

Further Resolved, That the West Virginia Senate Energy, Industry, and Mining Committee shall sit in oversight of the various tasks and activities delineated herein and shall maintain quarterly progress reports to be presented to the Legislative Joint Committee on Government and Finance; and, be it

Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the President of the United States, Secretary of the United States Department of Energy, Chair of the United States Energy Council, and the Governor, State of West Virginia.

*above accurate as of March 25, 2025