H. B. 2158
(By Delegates Martin, Love and Wallace)
[Introduced February 17, 1993; referred to the
Committee on Government Organization.]
A BILL to amend and reenact section four, article eight, chapter
twenty-two of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to continuation of
the oil and gas conservation commission; removing authority
of commission to fix salary of oil and gas conservation
commissioner.
Be it enacted by the Legislature of West Virginia:
That section four, article eight, chapter twenty-two of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 8. OIL AND GAS CONSERVATION.
§22-8-4. Oil and gas conservation commissioner and commission;
commission membership; qualifications of members;
terms of members; vacancies on commission;
meetings; compensation and expenses; appointment
and qualifications of commissioner; general powers
and duties.
(a) There is hereby continued as provided for in subsection
(h) of this section, the "West Virginia Oil and Gas Conservation
Commission" which shall be composed of five members. The
commissioner of the department of energy director of the division
of environmental protection and the director for the division
office of oil and gas shall be members of the commission ex
officio. The remaining three members of the commission shall be
appointed by the governor, by and with the advice and consent of
the Senate. Of the three members appointed by the governor, one
shall be an independent producer and at least one shall be a
public member not engaged in full-time employment in an activity
under the jurisdiction of the public service commission or the
federal energy regulatory commission. As soon as practical after
appointment of the members of the commission, the governor shall
call a meeting of the commission to be convened at the state
capitol for the purpose of organizing and electing a chairman.
(b) The members of the commission appointed by the governor
shall be appointed for overlapping terms of six years each,
except that the original appointments shall be for terms of two,
four and six years, respectively. Each member appointed by the
governor shall serve until his successor has been appointed and
qualified. Members may be appointed by the governor to serve any
number of terms. The members of the commission appointed by the
governor, before performing any duty hereunder, shall take and
subscribe to the oath required by section 5, article IV of the
constitution of West Virginia. Vacancies in the membershipappointed by the governor shall be filled by appointment by him
for the unexpired term of the member whose office shall be vacant
and such appointment shall be made by the governor within sixty
days of the occurrence of such vacancy. Any member appointed by
the governor may be removed by the governor in case of
incompetency, neglect of duty, gross immorality or malfeasance
in office.
(c) The commission shall meet at such times and places as
shall be designated by the chairman. The chairman may call a
meeting of the commission at any time, and he shall call a
meeting of the commission upon the written request of two members
or upon the written request of the oil and gas conservation
commissioner. Notification of each meeting shall be given in
writing to each member by the chairman at least five days in
advance of the meeting. Any three members, one of which may be
the chairman, shall constitute a quorum for the transaction of
any business as herein provided for. A majority of the
commission shall be required to determine any issue brought
before it.
(d) Each member of the commission appointed by the governor
shall receive thirty-five dollars per diem not to exceed one
hundred days per calendar year while actually engaged in the
performance of his duties as a member of the commission. Each
member of the commission shall also be reimbursed for all
reasonable and necessary expenses actually incurred in the
performance of his duties as a member of the commission.
(e) The commission shall appoint the oil and gas
conservation commissioner fix his salary within available funds
and advise him regarding his duties and authority under this
article and consult with him prior to his reaching any final
decisions and entering orders hereunder. However, the
commissioner has full and final authority under this article with
the commission serving in an advisory capacity to him. The
commissioner shall possess a degree from an accredited college or
university in petroleum engineering or geology and must be a
registered professional engineer with particular knowledge and
experience in the oil and gas industry.
(f) The oil and gas commissioner is hereby empowered and it
shall be his duty to execute and carry out, administer and
enforce the provisions of this article in the manner provided
herein. Subject to the provisions of section three of this
article, the commissioner shall have jurisdiction and authority
over all persons and property necessary therefor. The
commissioner is authorized to make such investigation of records
and facilities as he deems proper. In the event of a conflict
between the duty to prevent waste and the duty to protect
correlative rights, the commissioner's duty to prevent waste
shall be paramount. He shall serve as secretary of the oil and
gas conservation commission.
(g) Without limiting his general authority, the commissioner
shall have specific authority to:
(1) Regulate the spacing of deep wells;
(2) Make and enforce reasonable rules and regulations and
orders reasonably necessary to prevent waste, protect correlative
rights, govern the practice and procedure before the commissioner
and otherwise administer the provisions of this article;
(3) Issue subpoenas for the attendance of witnesses and
subpoenas duces tecum for the production of any books, records,
maps, charts, diagrams and other pertinent documents, and
administer oaths and affirmations to such witnesses, whenever,
in the judgment of the commissioner, it is necessary to do so for
the effective discharge of his duties under the provisions of
this article; and
(4) Serve as technical advisor regarding oil and gas to the
Legislature, its members and committees, to the director for the
division office of oil and gas, to the department of energy
division of environmental protection and to any other agency of
state government having responsibility related to the oil and gas
industry.
Pursuant to the provisions of section four, article ten,
chapter four of this code, the oil and gas conservation
commission shall continue to exist until the first day of July,
one thousand nine hundred ninety-three, to allow for the
completion of an audit by the joint committee on government
operations. After having conducted a preliminary performance
audit through its joint committee on government operations,
pursuant to section nine, article ten, chapter four of this code,
the Legislature hereby finds and declares that the oil and gasconservation commission should be continued and reestablished.
Accordingly, notwithstanding the provisions of section four
article ten, chapter four of this code, the oil and gas
conservation commission shall continue to exist until the first
day of July, one thousand nine hundred ninety-nine.
NOTE: This bill provides for the continuation of the Oil
and Gas Conservation Commission until July 1, 1999, and removes
authority of commission to fix the salary of the oil and gas
conservation commissioner. Language has been adjusted to conform
to new names of entities within the division of environmental
protection.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
This bill is recommended by the Joint Committee on
Government Operations for passage at the 1993 Regular Session.