West Virginia House Bill HB3331

West Virginia 2025 Regular Session

• Introduced: 3/12/25
• Refer: 3/12/25

Caption

Relating to diesel-powered equipment regulations in underground coal mines

Summary

HB3331 would revise West Virginia’s laws governing diesel-powered equipment in underground coal mines by aligning state requirements more closely with federal Mine Safety and Health Administration (MSHA) standards. The bill amends existing provisions to give the Director of the Office of Miners’ Health, Safety, and Training authority to propose rules, but limits those rules so they cannot be more burdensome than federal standards. It also preserves existing rules until replaced, clarifies that prior commission actions are treated as actions of the director, and allows limited site-specific experimental or testing approvals before initial rules are adopted. The bill further states that diesel-powered equipment approved under 30 CFR Part 7, Subpart E is deemed approved for use in West Virginia underground coal mines, eliminating the need for additional state site-specific testing once federal approval exists. It also removes or repeals several state-level approval, emissions control, monitoring, and exhaust gas provisions, and creates new sections that delete language requiring separate director approval, remove inconsistent emissions testing requirements, reduce maintenance obligations to the federal weekly examination standard, and exempt compliant equipment from associated state requirements. The bill takes effect upon passage.

Impact

HB3331 would substantially narrow the state’s independent regulatory role over diesel equipment in underground coal mines by preempting or conforming many state requirements to federal MSHA standards. It would repeal several existing code sections, replace them with streamlined approval and operating provisions, and reduce compliance burdens for mine operators using federally approved diesel equipment. The bill also affects the authority and rulemaking responsibilities of the Director of the Office of Miners’ Health, Safety, and Training and the Board of Coal Mine Health and Safety.

Sentiment

The bill’s stated purpose and structure suggest a generally favorable sentiment toward regulatory simplification and consistency with federal standards. Because no committee transcripts or recorded votes were provided, there is no direct evidence of debate, amendments, or partisan division in the available materials. The bill text itself frames the changes as removing unnecessary testing and approval steps while maintaining safety protections through federal standards.

Contention

The main point of potential contention is the balance between reducing regulatory burden and preserving miner health and safety protections. Supporters would likely favor the bill’s elimination of duplicative state testing, approval, and maintenance requirements, while opponents may worry that limiting state rules to no more than federal MSHA standards could reduce West Virginia’s ability to impose stricter protections tailored to local mine conditions. Another possible issue is the bill’s removal of site-specific testing and state approval layers, which may be viewed by some as reducing oversight even though the bill preserves federal compliance as the baseline.