Senate concurs with House changes and passes bill authorizing DEP carbon-schedule rulemaking

The West Virginia Senate moved to concur in House amendments to Senate Bill 256 and passed the committee substitute authorizing the Department of Environmental Protection to promulgate legislative rules related to a carbon schedule. Senator from Lewis moved concurrence and summarized the bill’s key requirement that storage operators submit financial agreements reached with consenting surface and forest-based owners and calculate the average amounts paid as determined fair-market value.

Senator from Lewis said, “The proposed rule relating to carbon schedule requires storage operators to submit financial agreements reached with consenting surface and forest-based owners, and calculate the average amounts of the paid determined fair market value.” After brief floor handling, the Senate voted by machine; the clerk announced 33 ayes, 0 nays, and 1 absent, and the presiding officer declared the bill passed.

The Senate then voted to make the bill effective from passage. Senator from Lewis moved the motion; the machine vote was reported as 33 yays, 0 nays, and 1 absent, meeting the two-thirds threshold noted on the floor. The presiding officer declared the bill effective from passage and directed the clerk to communicate the action to the House.

Why it matters: the bill authorizes DEP to adopt rules that will set reporting and valuation obligations for operators involved in carbon storage, which could affect contractual and financial arrangements for landowners near storage projects. The Senate’s action moves the measure forward to the other chamber for final processing and implements it immediately as declared on the floor.

What happens next: the clerk will communicate the Senate’s action to the House; implementation details will depend on the rulemaking that DEP completes if and when the agency begins promulgation.