Bill > SB110

This bill establishes the West Virginia Black Lung Program, which will provide benefits for pain and suffering related to occupational pneumoconiosis, commonly known as black lung disease, a respiratory condition caused by inhaling coal dust. Starting July 1, 2026, the Insurance Commissioner will create rules for this program. The bill creates a presumption that a miner suffering from a chronic respiratory disability after 10 years of exposure to dust in West Virginia within the 15 years prior to their last exposure has black lung, and this presumption is conclusive for pain and suffering benefits. Claimants with 15 years of exposure are entitled to monetary benefits for pain and suffering, even if they are not totally disabled, and these benefits can be received in addition to federal black lung benefits. The monthly benefit starts at $200, with an additional $15 for each year of exposure beyond the initial 15, calculated based on a 1000-hour work year. These state benefits can be claimed as a credit against state personal income tax. To fund the program, an additional tax of one-tenth of the existing tax will be imposed on the severance of natural resources like coal, natural gas, and oil, as well as on electricity generated by wind or solar devices, with the revenue going into a new "State Black Lung Fund." The bill also calls for the Governor and Legislature to work with other coal-producing states to try and recover a portion of the federal coal tax to help cover the costs of these black lung benefits.

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http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=110&year=2026&sessiontype=RS&btype=bill