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WV SB651

WV SB651
Creating WV Black Lung Program


summary

Introduced
03/03/2025
In Committee
03/03/2025
Crossed Over
Passed
Dead
04/12/2025

Introduced Session

2025 Regular Session

Bill Summary

The purpose of this bill is to create the West Virginia Black Lung Program and to grant entitlement for pain and suffering for occupational pneumoconiosis.

AI Summary

This bill creates the West Virginia Black Lung Program, which provides pain and suffering benefits for workers who have developed occupational pneumoconiosis (black lung disease), a respiratory condition caused by long-term exposure to coal dust. Starting July 1, 2025, the Insurance Commissioner will develop rules for the program, which establishes a presumptive eligibility for miners who can prove at least 10 years of dust exposure during a 15-year period. Claimants will receive a base monthly payment of $200, with an additional $15 per month for each year of exposure beyond the initial 15 years, calculated based on 1,000 work hours per year. The program will be funded by a one-tenth additional tax on coal, natural gas, oil, and renewable energy resource severance, which will be deposited into a new State Black Lung Fund. Importantly, these benefits can be claimed in addition to existing disability awards or federal black lung benefits, and recipients will also be able to claim the benefits as a tax credit against their state personal income tax. The bill additionally instructs the Governor and Legislature to work with other coal-producing states to potentially recoup a portion of the existing federal coal tax to help offset program costs.

Committee Categories

Justice

Sponsors (3)

Last Action

To Judiciary (on 03/03/2025)

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