WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTIETH LEGISLATURE
FOURTH EXTRAORDINARY SESSION, 2011
FIRST DAY
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Charleston, W. Va., Sunday, December 11, 2011
Pursuant to the proclamation of His Excellency, the Governor,
the Honorable Earl Ray Tomblin, dated the tenth day of December,
two thousand eleven, convening the eightieth Legislature of West
Virginia in extraordinary session today (Sunday, December 11,
2011), under the provisions of section seven, article seven of the
Constitution of West Virginia, the Senate assembled in its chamber
in the state capitol in the City of Charleston at 5 o'clock p.m.,
and was called to order by its President, the Honorable Jeffrey V.
Kessler.
Prayer was offered by the Honorable Mike Hall, a senator from
the fourth district.
On the call of the roll, the following answered to their
names:
Senators Barnes, Beach, Boley, Browning, Chafin, Edgell, D.
Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Jenkins,
Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells,
Williams, Wills, Yost and Kessler (Mr. President).
Thirty-two members having answered to their names, the President declared the presence of a quorum.
Executive Communications
Senator Kessler (Mr. President) laid before the Senate the
following proclamation from His Excellency, the Governor, convening
the Legislature in extraordinary session, which was read by the
Clerk:
STATE OF WEST VIRGINIA
EXECUTIVE DEPARTMENT
CHARLESTON
A P R O C L A M A T I O N
By the Governor
I, EARL RAY TOMBLIN, by virtue of the authority vested in me
as Governor by Section 7, Article VII of the Constitution of West
Virginia, do hereby call the Legislature of West Virginia to
convene in Extraordinary Session at five o'clock p.m., on the
eleventh day of December, two thousand eleven, in its chambers in
the State Capitol, City of Charleston, for the sole purpose of
considering and acting upon the following matters:
FIRST: Legislation requiring West Virginia Workforce
Investment Council to complete certain reviews and report to
Legislature; relating to certain definitions; providing for powers
of the Secretary of the Department of Environmental Protection
("Secretary") with respect to oil and gas matters; authorizing the
Secretary to hire oil and gas inspectors, and require inspections;
providing for examination, qualifications, and salaries for
inspectors; creating the Natural Gas Horizontal Well Act and applying it prospectively; establishing standards and rules for
drilling into karst terrain; applying certain provisions of article
six, chapter twenty-two of the Code of West Virginia to horizontal
wells; providing that the Secretary shall regulate permitting,
location, spacing, drilling, fracturing, stimulation, well
completion activities, operation, other drilling and production
processes, plugging and reclamation of horizontal wells; requiring
well work permit for horizontal wells and establishing criteria and
contents of application; providing for permit application review;
establishing bonding requirements for horizontal wells;
establishing permit fee not to exceed $10,000 for the initial
horizontal well drilled at a location and $5,000 for each
additional horizontal well drilled on a single pad at the same
location; providing for emergency permits; requiring the Secretary
to propose legislative rules for testing of water flow and quality
of certain water wells; providing for performance standards for
horizontal well permits; requiring horizontal well operators who
withdraw certain amounts of water to follow additional permitting
requirements; requiring application, fees and certificate of
approval and inspection for large pits and impoundments; requiring
operators to provide notice to certain surface owners, coal owners,
natural gas storage field operators and water purveyors in certain
instances; establishing procedure for considering objections and
protests of coal operators and coal seam owners and considering
written comments filed by certain surface owners, natural gas
storage field operators and water purveyors; establishing well location restrictions with respect to existing water wells,
developed springs, perennial streams, lakes, ponds, reservoirs,
wetlands and trout streams, occupied dwelling structures and other
certain buildings; requiring the Secretary to promulgate
legislative rules for plugging of horizontal wells; providing
reclamation requirements for horizontal wells; providing for one-
time reimbursement of certain surface owners for certain amounts of
property taxes not to exceed $2,500; creating a rebuttable
presumption in civil actions for contamination or deprivation of
fresh water sources or supplies; establishing civil offenses and
penalties; establishing a public website and electronic
notification registry for horizontal well permit applications;
requiring the Secretary to conduct certain studies and to report
findings to the Legislature; authorizing the Secretary to propose
legislative rules pertaining to air quality and impoundment and pit
safety; establishing casing and cementing standards and authorizing
the Secretary to grant waivers, exceptions and revisions to such
standards; creating the Oil and Gas Horizontal Well Production
Damage Compensation Act; establishing compensation for horizontal
well production damage to surface owners, including lost income or
expenses related to surface occupied by the operator, market value
of crops or timber damaged, damage to water supply, damage to
personal property and diminution in value of surface lands
according to the market value of the actual use made thereof prior
to commencement of the permitted activity, and providing that each
party shall pay its own fees and costs.
SECOND: Certain ceremonial and memorial resolutions.
THIRD: Legislation authorizing and appropriating the
expenditure of public moneys to pay the expenses of this
extraordinary session.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
Great Seal of the State of West Virginia to be affixed.
DONE at the Capitol in the City of
Charleston, State of West
Virginia, this the tenth day of
December, in the year of our
Lord, Two Thousand Eleven, and in
the One Hundred Forty-Ninth year
of the State.
EARL RAY TOMBLIN,
Governor.
By the Governor:
NATALIE E. TENNANT,
Secretary of State.
Senator Unger offered the following resolution:
Senate Resolution No. 401--Raising a committee to inform the
House of Delegates the Senate has assembled in extraordinary
session.
Resolved by the Senate:
That a committee of three be appointed by the President to
inform the House of Delegates that the Senate has assembled in
extraordinary session, with a quorum present, and is ready to proceed with the business for which the extraordinary session was
called by His Excellency, the Governor.
At the request of Senator Unger, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Whereupon, the President appointed as members of such
committee the following:
Senators Laird, Klempa and Nohe.
Subsequently, Senator Laird, from the committee to notify the
House of Delegates the Senate has assembled in extraordinary
session, and is ready to proceed with the business of the session,
announced that the committee had discharged its duties.
A message from the House of Delegates, by
Delegates Fragale, M. Poling and Evans, announced that the
House of Delegates has assembled in extraordinary session, with a
quorum present, and is ready to proceed with the business stated in
the proclamation convening the Legislature.
Senator Unger then offered the following resolution:
Senate Resolution No. 402--Raising a committee to wait upon
the Governor.
Resolved by the Senate:
That a committee of three on the part of the Senate, to join
with a similar committee on the part of the House of Delegates, be
appointed by the President to notify His Excellency, the Governor,
that at his call the Legislature has assembled in extraordinary
session, with a quorum of each house present; and is ready to receive any communication or message he may be pleased to present
under section seven, article seven of the Constitution of West
Virginia, which provides that no business except that stated in his
proclamation be considered.
At the request of Senator Unger, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Whereupon, the President appointed as members of such
committee the following:
Senators Miller, Yost and Boley.
A message from the House of Delegates, by
Delegates Staggers, Walker and Border, announced that the
Speaker had appointed them a committee of three to join with a
similar committee on the part of the Senate to wait upon the
Governor, under the provisions of Senate Resolution No. 402.
Senate and House members of this select committee then proceeded to
the executive offices.
Subsequently, Senator Miller reported that the joint Senate
and House committee had performed the duty assigned to it.
Senator Kessler (Mr. President) announced the replacement of
Senator McCabe on the Committee on the Judiciary with Senator
Kirkendoll.
The Senate proceeded to the third order of business.
Executive Communications
Senator Kessler (Mr. President) laid before the Senate the
following communication from His Excellency, the Governor, consisting of executive nominations for appointees:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
December 11, 2011
Senate Executive Message No. 1
TO: The Honorable Members of the
West Virginia Senate
Ladies and Gentlemen:
I respectfully submit the following nominations for your
advice and consent:
1. For Member, West Virginia School of Osteopathic Medicine
Board of Governors, Dave Rader, Charleston, Kanawha County, for the
term ending June 30, 2015.
2. For Member, Environmental Quality Board, Dr. Charles
Somerville, Huntington, Cabell County, for the term ending June 30,
2014.
3. For Member, Environmental Quality Board, Bascombe Blake,
Jr., Morgantown, Monongalia County, for the term ending June 30,
2013.
Notice of these appointments was previously provided to the
appropriate legislative staff at the time the appointments were
made.
Sincerely,
Earl Ray Tomblin,
Governor.
Which communication was received and referred to the Committee
on Confirmations.
On motion of Senator Edgell, consideration of the nominations
immediately hereinbefore reported was made a special order of
business for tomorrow, Monday, December 12, 2011, at 11 a.m.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bill was
introduced, read by its title, and referred to the appropriate
committees:
By Senators Kessler (Mr. President) and Hall (By Request of
the Executive):
Senate Bill No. 4001--A Bill to repeal §22C-7-1, §22C-7-2 and
§22C-7-3 of the Code of West Virginia, 1931, as amended; to amend
said code by adding thereto a new section, designated §5B-2B-4a; to
amend and reenact §22-6-1 and §22-6-2 of said code; to amend said
code by adding thereto a new section, designated §22-6-2a; to amend
said code by adding thereto a new article, designated §22-6A-1,
§22-6A-2, §22-6A-3, §22-6A-3a, §22-6A-4, §22-6A-5, §22-6A-6, §22-
6A-7, §22-6A-8, §22-6A-9, §22-6A-10, §22-6A-11, §22-6A-12, §22-6A-
13, §22-6A-14, §22-6A-15, §22-6A-16, §22-6A-17, §22-6A-18, §22-6A-
19, §22-6A-20, §22-6A-21, §22-6A-22, §22-6A-23 and §22-6A-24; to
amend said code by adding thereto a new article, designated §22-6B-
1, §22-6B-2, §22-6B-3, §22-6B-4, §22-6B-5, §22-6B-6, §22-6B-7 and
§22-6B-8; to amend and reenact §22C-8-2 of said code; and to amend
and reenact §22C-9-2 of said code, all relating generally to oil
and gas wells; requiring West Virginia Workforce Investment Council to complete certain reviews and provide report to Legislature;
expanding powers of Secretary of the Department of Environmental
Protection; authorizing secretary to determine number of oil and
gas inspectors and supervisors and to make investigations or
inspections to ensure compliance with applicable law; providing for
inspector qualifications, duties and minimum salaries; creating
Natural Gas Horizontal Well Control Act; providing short title;
making legislative findings and declarations of public policy;
providing for applicability of act and exceptions; providing
special considerations and rule making for karst formations;
defining terms; making horizontal wells subject to certain
provisions in article six, chapter twenty-two of the Code of West
Virginia; specifying powers and duties of secretary, including
certain rule-making power and reporting duties; requiring permit
for horizontal wells; establishing permit application requirements
and contents; requiring bond and permit fees; providing for
issuance of emergency permits; providing for denial, suspension and
reinstatement of permits in certain circumstances; providing for
application review, requirements for issuance of permit and permit
requirements; establishing performance standards; providing for
copies of permits to be furnished to county assessors; requiring
certificate of approval for large pits or impoundment construction;
requiring application for certificate; establishing application
requirements and payment of fees; providing for modification,
revocation or suspension of certificate and hearing procedure,
including an administrative appeals process; providing exceptions for certain farm ponds; authorizing secretary to propose
legislative rules governing large pits and impoundment; providing
notice to certain property owners of certain applications, intent
to enter property or conduct seismic activity; establishing
procedure for filing written comments; establishing well location
restrictions; requiring promulgation of legislative rules for
plugging and abandonment of horizontal wells; establishing
reclamation requirements; requiring performance bonds or other
security; providing notice of planned operation and contents of
notice to certain surface owners; providing notice to certain
surface owner and offer for compensation for certain damages to
certain surface owner; providing for reimbursement of property
taxes to surface owner; providing for civil action, rebuttable
presumption and relief for water contamination or deprivation;
establishing water rights and replacement procedure; establishing
civil penalties and offenses; requiring gas operations to submit
certification from Division of Highways that operator has entered
into road maintenance agreement pursuant to Division of Highways
Oil and Gas Road Policy; creating public website and electronic
notification registry of horizontal well permit applications and
public notice of website; providing for air quality study, report
to Legislature and rulemaking; requiring secretary to report to
Legislature regarding safety of pits and impoundments; providing
casing and cement standards; authorizing secretary to promulgate
legislative and emergency rules relating to casing and cement
standards; authorizing secretary to promulgate legislative rules governing pits and impoundments; providing secretary authority to
establish, revise and grant waivers regarding casing and cement
standards and programs; creating the Oil and Gas Horizontal Well
Production Damage Compensation Act; providing legislative findings
and purpose; defining terms; providing conditions and parameters
for compensation of surface owners for drilling operations;
preserving common law right of action and providing offset for
compensation or damages paid; requiring notice of claims by surface
owners; providing manner in which oil and gas operator must provide
notice of reclamation; providing for offers of settlement;
providing procedures for civil actions, arbitration and fees;
preserving alternate remedies; and modifying definitions of shallow
wells and deep wells.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Wells and Snyder.
Thereafter, at the request of Senator Palumbo, and by
unanimous consent, the remarks by Senator Wells were ordered
printed in the Appendix to the Journal.
Pending announcement of a meeting of a standing committee of
the Senate, including majority and minority party caucuses,
On motion of Senator Unger, the Senate adjourned until
tomorrow, Monday, December 12, 2011, at 11 a.m.
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