
Coal miner Scott Tiller eats a sandwich during a lunch break at a Welch, W.Va., mine. The coal sector has seen some relief in recent months after years of decline, particularly in West Virginia where a turn in metallurgical coal markets has increased demand for coal from the state. Source: Associated Press |
This is part two of a two-part series on the coal industry's legislative priorities in West Virginia for the current session. Part one examines some of the policies they are addressing, while part two looks at the officials hoping to move that agenda forward.
A coal sector focused on tax cuts and changes to safety and environmental regulations in West Virginia has the ear of key players ready to move the industry's agenda forward in 2018.
"If you have any question, ever, about my commitment to coal, let me just tell you this: forever. Forever," Gov. Jim Justice told a crowd gathered for the West Virginia Mining Symposium earlier this month. "I owe my life to coal and I know it and I love you and I love our industry and I'm honored beyond belief to be able to be here and be your governor."
Justice, who was elected in 2016 as a Democrat, switched to the Republican party at a public event in the state last year featuring President Donald Trump. The coal executive now sits in the same party that holds a majority in both the state House and Senate.
The West Virginia Coal Association has backed a package of coal-related regulations for the past three years, and officials with the association said they would introduce a fourth in the 2018 session along with other bills. Based on presentations from a recent event and conversations with industry representatives, the sector's wish list includes a reduction in severance taxes, various tax credit changes and shifting mine safety enforcement resources to compliance assistance initiatives.
West Virginia House Speaker Tim Armstead assured the sector at the symposium that the legislature wants to "continue to work with you in every way we can to make it easier for you to mine coal." Like Justice, Armstead said the coal industry is the "backbone" of the state's economy and expects to remain so.
The state produced 162.4 million tons of coal in 2001, according to U.S. Energy Information Administration data. By 2016, that figure fell to 79.8 million tons. The steep decline has taken a toll on the state's budget and employment, though recent rebounds in metallurgical coal markets have offered some hope for certain producers.
Chris Hamilton, senior vice president of the West Virginia Coal Association, introduced state Sen. Randy Smith and Del. Rupie Phillips at the event as a pair of lawmakers advocating for the coal industry.
"I tell you, it is difficult to pass legislation at the state capitol," Hamilton said. "It's terribly difficult unless you have people on the inside like Sen. Smith or Del. Phillips."
Phillips is running for the U.S. House seat held by Republican Evan Jenkins. He told those at the coal symposium that if elected, he will be as unwavering on coal issues in Washington, D.C., as he has been in Charleston, W.Va.
"This is my eighth session and I haven't wavered on anything you've asked," Phillips said to three lobbying members of the trade association from the podium.
Smith, chairman of the state's Senate energy, industry and mining committee, indicated that while he supports the industry, he has also pushed back against some of their efforts. The senator mined coal for 39 years and said he examines each bill to make sure safety measures remain in place. His colleagues in the Senate trust him to make the right decisions on coal safety issues, he said.
"I'll tell him, 'Chris, I don't agree with that because I can remember one time in the mines, this happened to me and if it wouldn't have been for that, I could have been killed so I'm not going to support that,'" he said at the event.
Smith's concerns about safety do not always align with other coal miners.
Smith said he opposed a federal dust rule that lowered limits on coal dust exposure to combat black lung disease. The United Mine Workers of America supported the rule aimed at preventing a disease that had been on the rise among coal miners and urged the agency to go even further. It was opposed by several companies, including Murray Energy Corp., who sued the agency over a rule it said would "cripple" coal.
When Smith introduced a bill in 2017 that would have converted the entire state mine safety agency into compliance assistance instead of enforcement, it drew sharp criticism and national attention. The United Mine Workers of America said the law would have rolled back mine safety law and regulation by decades and put "every miner in West Virginia at greater risk."
Smith withdrew the bill and reportedly told the Charleston (W.Va.) Gazette-Mail that he introduced the first version to intentionally create "my own disaster" and force stakeholders to the table.
