HB2597 HEIL AM 3-20
Delegates J Nelson and R Phillips move to amend the bill on
page six, following section four, by inserting the following:
ARTICLE 1C. ENVIRONMENTAL REGULATION OF OIL AND NATURAL GAS
_____PRODUCED AND USED WITHIN THE STATE.
§22-1C-1. Short title.
__This article may be cited as the "Intrastate Oil and Natural
Gas and Use Act."
__The Legislature declares that the authority for this article
is as follows:
__(1) The Tenth Amendment to the United States Constitution
guarantees to the states and their people all powers not granted to
the federal government elsewhere in the Constitution and reserves
to the state and people of West Virginia certain powers as they
were understood at the time that West Virginia was admitted to
statehood in 1863. The guaranty of those powers is a matter of
contract between the state and people of West Virginia and the
United States as of the time that the compact with the United
States was agreed upon and adopted by West Virginia and the United
States in 1863.
__(2) The Ninth Amendment to the United States Constitution
guarantees to the people rights not granted in the Constitution and
reserves to the people of West Virginia certain rights as they were
understood at the time that West Virginia was admitted to statehood in 1863. The guaranty of those rights is a matter of contract
between the state and people of West Virginia and the United States
as of the time that the compact with the United States was agreed
upon and adopted by West Virginia and the United States in 1863.
__(3) Section two, Article I of the West Virginia Constitution,
states: "The government of the United States is a government of
enumerated powers, and all powers not delegated to it, nor
inhibited to the states, are reserved to the states or to the
people thereof." Specifically enumerated among those "powers so
reserved to the states is the exclusive regulation of their own
internal government and police; and it is the high and solemn duty
of the several departments of government, created by this
Constitution, to guard and protect the people of this state from
all encroachments upon the rights so reserved."
__(4) The regulation of intrastate commerce, including the
natural environment as affected by intrastate business, is vested
in the states under the Ninth and Tenth Amendments to the United
States Constitution and is specifically retained by the State of
West Virginia according to Section 2, Article I of the West
__As used in this article, the following definitions apply:
__(1) "Borders of West Virginia" means the boundaries of the
State of West Virginia described in Section 1, Article II of the
West Virginia Constitution.
__(2) The term "gas well" means those operations and facilities
producing natural gas from the substrata of real property.
__(3) The term "oil well" means those operations and facilities
producing oil from the substrata of real property.
__(a) In light of the above findings, environmental regulation
in West Virginia for all purposes of regulating business activity
performed in West Virginia, when the products of such business
activities are held, maintained, or retained within the borders of
West Virginia, is the principal responsibility of the West Virginia
Department of Environmental Protection.
__(b) Any West Virginia oil or gas well producing oil or natural
gas which is used commercially or privately in West Virginia and
which is consumed or otherwise remains within the borders of West
Virginia shall be issued a permit to operate by the West Virginia
Department of Environmental Protection once the West Virginia
Department of Environmental Protection has certified that the oil
or gas well and any associated facilities are compliant with all
applicable state and federal laws or state and federal regulation.
__(c) The Legislature declares that the United States
Environmental Protection Agency, acting under the color of
authority of Congress to regulate interstate commerce, lacks the
authority to deny permits of operation to these oil and gas wells
and facilities as the products of these wells and facilities have
not traveled in interstate commerce.
__(d) This article applies to oil and natural gas produced in
__(e) This article applies only to the issuance of a permit of
operation to an oil or gas well, the issuance of which permit is
required by the Clean Water Act or by another equivalent state or
federal statute or regulation. Nothing in this section shall be
construed to limit the effect of any other state or federal statute
And by striking out the enacting section in its entirety and
and inserting in lieu thereof the following:
"That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §22-1B-1, §22-1B-2,
§22-1B-3 and §22-1B-4
; and that said code be amended by adding ther
to a new article, designated §22-1C-1, §22-1C-2,
, all to read as follows: