WV HB3498

Creates the Productive Energy Site Reclamation Waiver program allowing the West Virginia Department of Environmental Protection to waive contour restoration requirements for former surface mine sites being converted to energy generation facilities

Requires new energy projects to generate at least 10 megawatts of electricity and developers must demonstrate financial capability, technical expertise, and a viable business case to qualify for the waiver

Releases surety bonds held for contour restoration back to mine owners/operators when a waiver is granted, and eliminates state financial obligations for restoration on sites converted to energy production

Allows mine operators to apply for waivers at permit application, during mining operations, or near completion, regardless of previously approved reclamation plans

Prioritizes waivers for abandoned mine sites where operations have ceased or original corporate owners no longer exist, addressing the state's estimated multi-billion dollar aggregate restoration liability