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Introduced Version House Bill 4469 History

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H. B. 4469

 

         (By Delegates Tomblin, R. Phillips, Eldridge,

         Marcum, Barker, Lynch, Boggs, White, Caputo,

         Andes and R. Smith)

 

         [Introduced February 11, 2014; referred to the

         Committee on Energy then the Judiciary.]

 

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5B-2F-3, relating to requiring the Director of the Division of Energy to develop an energy independence policy that ensures all oil, gas and coal produced in the state to be first used within the state before being exported to other states; making findings; requiring the Director of the Division of Energy to work with the Public Service Commission to develop a policy to ensure that public utilities maintain a thirty to forty-five day supply of feed stock; requiring the Director of the Division of Energy to work with the Public Service Commission to promulgate rules on consumer priority in the event of an energy shortage; requiring other rule-making; requiring public hearings; and requiring the creation of a database.

Be it enacted by the Legislature of West Virginia:

    That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §5B-2F-3, to read as follows:

ARTICLE 2F. DIVISION OF ENERGY.

.§5B-2F-3. Energy independence development plan; findings; cooperation with other agencies; public hearings; rule-making; reporting; database.

    (a) Findings. -- The Legislature finds that production of oil, gas and coal is very important to the economy of this state and the state’s energy future, and that a sound economy is in the public interest and promotes the general welfare of the people of this state. In order to encourage capital investment in this state, thereby increasing employment and economic development, the director shall develop an energy independence policy to ensure that all oil, gas and coal produced in the state be made available for use within the state before being exported to other states. The policy shall be a five-year plan and shall provide direction for the private sector. The director shall report back to the Governor and the Joint Committee on Government and Finance before December 1, 2014.

    (b) Cooperation with the Public Service Commission. -- The director shall also work with the Public Service Commission to develop an energy independence policy to ensure that public utilities maintain a thirty to forty-five day supply of oil, gas and coal feed stock and, in conjunction with the commission, promulgate rules on consumer priority in the event of an energy shortage.

    (c) Energy independence development plan. -- The director shall prepare and submit an annual energy independence development plan to the Governor and the Joint Committee on Government and Finance on or before December 1 of each year. The plan shall relate to the division’s implementation of the energy independence policy and the activities of the division during the previous year. The plan shall include any recommended legislation. The Public Energy Authority, the Office of Coalfield Community Development, the energy efficiency program, the Office of Oil and Gas, the Department of Environmental Protection and the Public Service Commission, in addition to their other duties prescribed by this code, shall assist the division and the director in the development of an energy independence policy and related development plans. The energy independence development plan shall set forth the plans for implementing the state's energy independence policy and shall provide a direction for the private sector.

    (d) Public hearings. -- The division shall hold public hearings and meetings with notice to receive public input regarding proposed energy independence policies and development plans. The energy independence policy and development plans required by this section shall address increased efficiency of energy use.

    (e) Rule-making. -- The division may propose rules for legislative approval in accordance with article three, chapter twenty-nine-a of this code designed to implement an energy independence policy and development plan in accordance with this section.

    (f) Preparation of plan. -- In preparing or revising the energy independence policy and development plan, the division may rely upon internal staff reports or the advice of outside advisors or consultants and may procure such services with the consent of the Secretary of Commerce. The division may also involve national, state and local government leadership and energy experts.

    (g) Database. -- The division shall prepare an energy independence use database, including without limitation, end-use applications and infrastructure needs for different classes of energy users including residential, commercial and industrial users, data regarding the interdependencies and sources of electricity, oil, coal, water and gas infrastructure, data regarding energy use of schools and state-owned facilities and collect data on the impact of the energy policy and development plan on the decisions and strategies of energy users of the state.




    NOTE: The purpose of this bill is to require the Director of the Division of Energy to develop an energy independence policy that ensures all oil, gas and coal produced in the state be first used within the state before being exported to other states. The bill makes findings. The bill requires the Director of the Division of Energy to work with the Public Service Commission to develop a policy to ensure that public utilities to maintain a thirty to forty-five day supply of feed stock. The bill requires Director of the Division of Energy to work with the Public Service Commission to promulgate rules on consumer priority in the event of an energy shortage. The bill requires other rule-making. The bill requires public hearings. The bill requires the creation of a database.


    This section is new; therefore, it has been completely underscored.

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