Introduced Version
House Bill 2260 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2260
(By Delegate Manypenny)
[Introduced February 13, 2013; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact §22-6A-12 of the Code of West Virginia,
1931, as amended, relating to prohibiting the drilling of
horizontal oil and gas wells beneath abandoned wells; and
prohibiting fracking within five hundred feet of an abandoned
well.
Be it enacted by the Legislature of West Virginia:
That §22-6A-12 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 6A. NATURAL GAS HORIZONTAL WELL CONTROL ACT.
§22-6A-12. Well location restrictions; abandoned wells.
(a) Wells may not be drilled within two hundred fifty feet
measured horizontally from any existing water well or developed
spring used for human or domestic animal consumption. Wells may
not be drilled beneath an abandoned oil or gas well that has not been capped, nor may fracking activities take place within five
hundred feet laterally of an abandoned well. The center of well
pads may not be located within six hundred twenty-five feet of an
occupied dwelling structure, or a building two thousand five
hundred square feet or larger used to house or shelter dairy cattle
or poultry husbandry. This limitation is applicable to those
wells, developed springs, dwellings or agricultural buildings that
existed on the date a notice to the surface owner of planned entry
for surveying or staking as provided in section ten of this article
or a notice of intent to drill a horizontal well as provided in
subsection (b), section sixteen of this article was provided,
whichever occurs first, and to any dwelling under construction
prior to that date. This limitation may be waived by written
consent of the surface owner transmitted to the department and
recorded in the real property records maintained by the clerk of
the county commission for the county in which such property is
located. Furthermore, the well operator may be granted a variance
by the secretary from these distance restrictions upon submission
of a plan which identifies the sufficient measures, facilities or
practices to be employed during well site construction, drilling
and operations. The variance, if granted, shall include terms and
conditions the department requires to ensure the safety and
protection of affected persons and property. The terms and
conditions may include insurance, bonding and indemnification, as well as technical requirements.
(b) No well pad may be prepared or well drilled within one
hundred feet measured horizontally from any perennial stream,
natural or artificial lake, pond or reservoir, or a wetland, or
within three hundred feet of a naturally reproducing trout stream.
No well pad may be located within one thousand feet of a surface or
ground water intake of a public water supply. The distance from the
public water supply as identified by the department shall be
measured as follows:
(1) For a surface water intake on a lake or reservoir, the
distance shall be measured from the boundary of the lake or
reservoir.
(2) For a surface water intake on a flowing stream, the
distance shall be measured from a semicircular radius extending
upstream of the surface water intake.
(3) For a groundwater source, the distance shall be measured
from the wellhead or spring. The department may, in its discretion,
waive these distance restrictions upon submission of a plan
identifying sufficient measures, facilities or practices to be
employed during well site construction, drilling and operations to
protect the waters of the state. A waiver, if granted, shall impose
any permit conditions as the secretary considers necessary.
(c) Notwithstanding the foregoing provisions of this section,
nothing contained in this section prevents an operator from conducting the activities permitted or authorized by a Clean Water
Act Section 404 permit or other approval from the United States
Army Corps of Engineers within any waters of the state or within
the restricted areas referenced in this section.
(d) The well location restrictions set forth in this section
shall not apply to any well on a multiple well pad if at least one
of the wells was permitted or has an application pending prior to
the effective date of this article.
(e)
The secretary shall, by December 31, 2012, report to the
Legislature on the noise, light, dust and volatile organic
compounds generated by the drilling of horizontal wells as they
relate to the well location restrictions regarding occupied
dwelling structures pursuant to this section. Upon a finding, if
any, by the secretary that the well location restrictions regarding
occupied dwelling structures are inadequate or otherwise require
alteration to address the items examined in the study required by
this subsection, the secretary shall have the authority to propose
for promulgation legislative rules establishing guidelines and
procedures regarding reasonable levels of noise, light, dust and
volatile organic compounds relating to drilling horizontal wells,
including reasonable means of mitigating such factors, if
necessary.
NOTE: The purpose of the bill is to prohibit the drilling of horizontal oil and gas wells beneath abandoned wells. The bill
also prohibits fracking within five hundred feet of an abandoned
well.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.