Strategic and Critical Resources Act
SB 648 creates the Strategic and Critical Resources Act, a new article in West Virginia law aimed at promoting the development and availability of minerals and materials the Legislature considers important to national security, energy reliability, critical infrastructure, and economic stability. The bill defines “strategic and critical resources” broadly, listing many minerals and materials such as lithium, cobalt, graphite, uranium, nickel, rare earth elements, and others, and also incorporates federal critical materials lists and presidential determinations made after January 1, 2025. It also defines “strategic and critical resource facilities” to include land, structures, equipment, and infrastructure needed to extract or process those resources.
The bill primarily changes state law by preempting county and municipal regulation of the extraction and development of strategic and critical resources outside municipal or urban areas. Local governments may not adopt or enforce ordinances or other local actions that prohibit, restrict, limit, or otherwise regulate extraction or facility development in those areas, though the bill preserves generally applicable business licensing, property taxes, municipal sales and use taxes, utility rates and service charges, municipal service fees, and the State Building Code. It also states that federal environmental, natural resources, and public health laws remain fully applicable, and it directs the Office of Energy to propose implementing rules for legislative approval.
The bill appears to have broad legislative support and moved with strong margins in both chambers. It passed the Senate unanimously, passed the House by a substantial majority, and then received unanimous Senate concurrence on House amendments. The voting history suggests the measure was viewed favorably as a policy to support resource development and statewide consistency in regulation.
The main policy tension in SB 648 is between state-level economic/resource development goals and local control over land use and environmental regulation. Supporters appear to favor uniform statewide rules and reduced local barriers to mining and processing of critical minerals, while the bill’s preemption language could concern counties, municipalities, and local residents who want more authority over siting and development decisions. The bill attempts to address some concerns by preserving federal law, state environmental rules, and certain local taxes and fees, but the core issue remains the removal of most local regulatory power outside municipal or urban areas.