*Disclaimer*
I wrote this to share my perspective regarding Senators Brian Helton and Rollan Roberts’ recent claims of fighting utility companies and advocating for clean water through Senate Concurrent Resolution 7 and Senate Resolution 32.
After months of observation, it has become clear that these actions may be more about influencing the primary election than achieving substantive change. I believe the public deserves to know the true intent behind these legislative efforts.
There are two things a legislature can do with a policy problem.
It can pass a law that allocates money, compels action, changes who is legally required to do what, and creates something you can measure later. Or it can pass something that looks like action, sounds like action, and gets covered as action — but doesn’t actually require anyone to do anything differently.
Political scientists have a name for the second thing. Murray Edelman called it symbolic policy in his 1964 book The Symbolic Uses of Politics — still the foundational text on why governments so often respond to problems with statements rather than solutions (Edelman, 1964). Edelman’s argument was that political systems produce two kinds of output: material outputs that reallocate resources and power, and symbolic outputs that reassure constituencies, signal values, and manage public anxiety without changing underlying conditions (Edelman, 1964).
West Virginia’s 2026 legislative session produced good examples of both, and some of the most instructive are also among the least discussed. Two resolutions — one on coal, one on drinking water — illustrate how symbolic policy works, why it’s more common in election years, and how to spot it before you confuse it for a win.
The Four Questions That Separate Action From Announcement
Before getting to the examples, here is the evaluative framework. When you see a bill, resolution, or legislative action, ask four questions:
1. Is there money behind it?Did the Legislature actually appropriate funds for implementation, create a dedicated revenue stream, or attach a binding fiscal mechanism? Authorization without appropriation is a hallmark of symbolic policy. A Legislature can “establish” a program, “create” a fund, or “support” an initiative without spending a dollar.
2. Does it say “shall” or “may”?Binding policy uses mandatory language: shall, must, is required to. Symbolic policy uses discretionary language: may, encourages, supports, affirms, requests, recognizes. That single word — “may” versus “shall” — is often the difference between a policy that changes behavior and one that expresses a preference.
3. Does anyone have to do anything differently?Who is the target actor — an agency, a utility, a provider, a school, an employer — and does the measure require that actor to change its conduct? If the answer is no, the policy is communicating a value, not mandating a result.
4. Can you measure it later?Does the measure include a deadline, a reporting requirement, a compliance threshold, a penalty, or any mechanism that lets the public determine whether it worked? Policy without accountability is policy that cannot fail — because there is no standard against which to judge it.
You can score these on an 8-point scale (0–2 per criterion). A score of 0–2 is symbolic. A score of 7–8 is substantive. Most legislation lands somewhere in between, which is why you need to look provision by provision rather than judging a bill by its title.
Senate Resolution 32: “Protecting West Virginia Coal Jobs, Coal Power, And Coal Families”
SR 32 was adopted by the Senate on February 18, 2026 (Senate Resolution 32, 2026). Sponsored by senators Rose, Chapman, Taylor, Roberts, Barnhart, Hamilton, Phillips, Garcia, Hart, Oliverio, Z. Maynard, Thorne, Charnock, Clements, Rucker, Bartlett, Tarr, and Helton. The title alone generates a headline.
The resolution declares that coal miners, coal-fired power plants, and coal communities are “vital to West Virginia’s economy, energy security, and way of life”. It says coal plants should operate at a minimum 69 percent annual capacity factor. It states that the Senate “affirms” six commitments — to protect coal operations, defend coal jobs, guarantee coal remains in the energy mix, put West Virginians first, prioritize local jobs, and stand with coal families. It “commits to supporting legislation, regulation, and oversight” that serves these ends.
Now run it through the four questions.
Is there money behind it? No. SR 32 appropriates nothing, creates no fund, and attaches no fiscal mechanism to any of its six commitments.
Does it say “shall”? No. Every operative verb is expressive: affirms, commits, defends, stands with, opposes, prioritizes. There is no enforceable command directed at any utility, regulator, or agency.
Does anyone have to do anything differently? No. Appalachian Power does not have to change its dispatch decisions. The PSC does not have to alter a rate case. No mine owner, no energy company, no federal agency is legally bound by anything in this resolution.
Can you measure it later? No. The 69 percent capacity factor is named but unenforceable. There is no deadline, no report, no compliance mechanism, and no penalty for ignoring it.
That does not mean the resolution is meaningless politically. It means something very specific: it reassures coal workers, coal families, and coal-adjacent voters that the Senate is on their side — without obligating the Senate to do anything that costs money or generates opposition. Every senator who voted for it can run a campaign ad saying they “voted to protect coal jobs,” and every word of that sentence is technically accurate.
Edelman would recognize this immediately (Edelman, 1964). The resolution converts a real and painful economic anxiety — the future of coal employment in communities that have no economic alternative — into a formal legislative statement. The anxiety is real. The response is symbolic. The political benefit is captured at zero fiscal cost.
Senate Concurrent Resolution 7: “Requesting A Study Of The Water Crisis In Southern West Virginia”
SCR 7 is a different animal, and the contrast is instructive.
The resolution was reported from the Senate Workforce Committee on March 9, 2026 (Senate Concurrent Resolution 7, 2026). It was sponsored by Senators Roberts, Fuller, Hamilton, Tarr, Thorne, Weld, and Woodrum. It addresses the drinking water crisis in McDowell and Wyoming Counties — contaminated water, discolored water, service interruptions, aging infrastructure, and a January 2026 PCB contamination event in the Town of Wayne and Clear Fork that made national news. It requests that the Joint Committee on Government and Finance conduct a formal study, report findings to the 2027 Legislature, include draft legislation with the report, and pay study expenses from legislative appropriations.
Now run it through the four questions.
Is there money behind it? Partially. Study expenses are covered from legislative appropriations. But there is no infrastructure funding, no emergency repair allocation, no capital investment for treatment facilities or distribution systems.
Does it say “shall”? Partially. The Joint Committee is directed to conduct the study and produce a report. But utilities, the DEP, water authorities, and other relevant agencies are not required to take any remedial action.
Does anyone have to do anything differently? Partially. The Joint Committee must study and report. But the utilities serving McDowell and Wyoming Counties are not required to repair anything, test anything, or change any operational practice as a result of this resolution.
Can you measure it later? Yes — to a degree. There is a deadline: the 2027 regular legislative session. There is a deliverable: a report with findings, conclusions, recommendations, and draft legislation.
SCR 7 is meaningfully more substantive than SR 32. It creates a process, assigns it to a specific body, sets a deadline, and authorizes payment. Those are real procedural commitments. But notice what it does not do: it does not fix one pipe, test one water sample, repair one treatment facility, or require the DEP to take any enforcement action.
For communities that have been asking for clean water for decades — Mountain State Spotlight reported in March 2026 that clean water was a top issue in McDowell County in the 2024 election and remained unresolved two years later (Mountain State Spotlight, 2026) — a study resolution is cold comfort. The residents of McDowell County already know there is a crisis. They don’t need a study to confirm it. They need pipes, funding, and regulatory enforcement.
What SCR 7 does is create an official record that the Legislature knows about the problem and has directed someone to look at it. That is not nothing. It creates a political accountability trail. The 2027 Legislature will receive a report, and at that point, voting against action will be much harder to explain. But the resolution’s substantive value is entirely contingent on what the 2027 Legislature does with the study — which is to say, it is deferred and uncertain.
Why This Is More Common In Election Years
Both of these resolutions were passed in a session that ran through March 2026 — about ten weeks before West Virginia’s May 12 primary election and eight months before the November 3 general election (West Virginia Secretary of State, 2026; National Conference of State Legislatures, 2025).
That timing is not a coincidence.
David Mayhew, in Congress: The Electoral Connection (1974), argued that the primary motivation of legislators is reelection, and that this motivation shapes their behavior through three activities: advertising (building name recognition), credit claiming (associating themselves with good outcomes), and position taking (going on record on politically salient issues regardless of outcome) (Mayhew, 1974). Symbolic resolutions are almost perfectly designed for position taking. They are low-cost because they require no appropriation and generate no fiscal opposition. They are low-risk because they cannot fail in any observable way — no implementation means no accountability. They are high-visibility because they produce a vote record, a press release, and a headline. And they are infinitely adaptable to whatever the dominant constituent anxiety happens to be.
In West Virginia’s 2026 session, coal insecurity and water contamination were both dominant constituent anxieties. SR 32 addressed the first with six affirmations and zero dollars. SCR 7 addressed the second with a study request and no repair funding. Both generated positive coverage for their sponsors. Neither changed a material condition in the state.
This pattern is not unique to West Virginia or to either political party. It is structural. When elections are near, the cost-benefit calculation of substantive policy worsens. Substantive policy requires picking winners and losers — funding one county’s water system over another, imposing costs on utilities to keep coal plants running, raising taxes to expand childcare access. Each of those choices generates organized opposition. Symbolic policy generates only organized support, because the constituency for the declared value benefits without anyone bearing a cost (Mayhew, 1974).
The result is a predictable election-year pattern: more resolutions, more “support” bills, more “study” mandates, and fewer measures with actual teeth. The legislative calendar fills up with position taking. The structural problems — water infrastructure, workforce development, childcare access, coal community transition — get another twelve-month deferral.
How To Read Resolutions Before You Share Them
The most practical takeaway is this: when you see a legislative action, read the “Resolved” clauses, not the “Whereas” clauses.
The “Whereas” section tells you the political story the bill is telling. It names the problem, identifies the victims, establishes the stakes, and frames the urgency. It is often accurate and sometimes moving. But it does not tell you what the legislation actually does.
The “Resolved” section tells you what the Legislature is actually doing. If the resolved clauses use “affirms,” “commits,” “stands with,” “supports,” or “requests,” the Legislature is making a statement. If they use “shall,” “must,” “is appropriated,” “is required to,” and “by [date],” the Legislature is making a commitment.
SR 32’s resolved clauses: the Senate “affirms” six commitments and “commits to supporting” future action. No command. No funding. No target (Senate Resolution 32, 2026).
SCR 7’s resolved clauses: the Legislature “requests” a study, effectively directs a report to the 2027 session, and authorizes expense payment. Procedurally binding, but no remediation (Senate Concurrent Resolution 7, 2026).
The severity of the problem named in the “Whereas” section is irrelevant to the classification. Coal employment is a serious issue. Drinking water contamination is a serious public health issue. The question is not whether the problem is real. The question is whether the policy instrument is capable of changing it.
When the answer is no — when the Resolved section says, in various phrasings, “we agree this is bad” — that is symbolic policy. And when symbolic policy is reported as a win, the public loses the ability to hold lawmakers accountable for the gap between what was said and what was done.
A Note On The Right Use Of Symbolic Policy
None of this means symbolic policy is always wrong. Study resolutions that actually lead to funded legislation — like SCR 7, if the 2027 Legislature follows through — are legitimate precursors to substantive policy. Resolutions that name an injustice for the first time create official records that advocates, courts, and future legislatures can cite. Sometimes the symbolic act of recognition is itself meaningful to a community that has been ignored.
The problem is not symbolic policy per se. The problem is symbolic policy that is presented as if it were substantive — as if “protecting coal families” through a resolution means coal families are protected, or as if “requesting a water study” means southern West Virginia will get clean water. When that substitution happens, it displaces the accountability demand that would otherwise follow a real problem left unsolved.
The four-question framework is not a cynicism machine. It is a clarity tool. It helps you ask, specifically and without rhetoric: what does this actually require, who is required to do it, when must it happen, and what happens if they don’t?
If you can answer those questions, you have substantive policy. If you can’t, you have a statement — and you should keep asking for the real thing.
References
Edelman, M. (1964). The symbolic uses of politics. University of Illinois Press.
Mayhew, D. R. (1974). Congress: The electoral connection. Yale University Press.
Mountain State Spotlight. (2026, March 28). Two years on, water still an issue in McDowell. Mountain State Spotlight. https://mountainstatespotlight.org/2026/03/29/clean-water-mcdowell/
National Conference of State Legislatures. (2025, December 7). 2026 state primary election dates. https://www.ncsl.org/elections-and-campaigns/2026-state-primary-election-dates
Senate Concurrent Resolution 7, West Virginia Legislature, Regular Session (2026). https://www.wvlegislature.gov/Bill_Status/bills_text.cfm?billdoc=scr7%20org.htm&yr=2026&sesstype=RS&i=7&houseorig=S&billtype=CR
Senate Resolution 32, West Virginia Legislature, Regular Session (2026). https://www.wvlegislature.gov/Bill_Status/bills_text.cfm?billdoc=sr32%20intr.htm&yr=2026&sesstype=RS&i=32&houseorig=s&billtype=r
West Virginia Secretary of State. (2026). 2026 elections calendar. https://sos.wv.gov/media/467/download?inline=
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