WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTIETH LEGISLATURE
FOURTH EXTRAORDINARY SESSION, 2011
SECOND DAY
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Charleston, W. Va., Monday, December 12, 2011
The Senate met at 11 a.m.
(Senator Kessler, Mr. President, in the Chair.)
Prayer was offered by the Honorable Ronald F. Miller, a
senator from the tenth district and Pastor, Shuck Memorial Baptist
Church, Lewisburg, West Virginia, and West Point Baptist Church,
Asbury, West Virginia.
Pending the reading of the Journal of Sunday, December 10,
2011,
On motion of Senator Boley, the Journal was approved and the
further reading thereof dispensed with.
The Clerk presented a communication from the Board of
Accountancy, submitting its biennial report for fiscal years 2010
and 2011, in accordance with chapter thirty, article one, section
twelve of the code of West Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the State Board of Examiners for Licensed Practical Nurses, submitting its biennial
report for fiscal years 2010 and 2011 as required by chapter
thirty, article one, section twelve of the code of West Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Medical Imaging
and Radiation Therapy Technology Board of Examiners, submitting its
biennial report for fiscal years 2010 and 2011, in accordance with
chapter thirty, article one, section twelve of the code of West
Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Occupational
Pneumoconiosis Board, submitting its biennial report for fiscal
years 2010 and 2011 as required by chapter thirty, article one,
section twelve of the code of West Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Board of
Osteopathy, submitting its biennial report for fiscal years 2010
and 2011, in accordance with chapter thirty, article one, section
twelve of the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
The Clerk presented a communication from the Board of
Examiners for Speech-Language Pathology and Audiology, submitting its biennial report for fiscal years 2010 and 2011 as required by
chapter thirty, article one, section twelve of the code of West
Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Geological
Survey, submitting its annual report, in accordance with chapter
twenty-nine, article two, section six of the code of West Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Outdoor Heritage
Conservation Fund, submitting its annual report as required by
chapter five-b, article two-g, section six of the code of West
Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Office of Health
Facility Licensure and Certification of the Department of Health
and Human Resources, submitting its annual report on licensing of
nursing homes as required by chapter sixteen, article five-c,
section three of the code of West Virginia.
Which report was received and filed with the Clerk.
Senator Kessler (Mr. President) presented a communication from
the Higher Education Policy Commission and the Community and
Technical College System, submitting its annual veterans
initiatives report, in accordance with chapter eighteen-b, article four, section nine of the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
On motion of Senator Edgell, the special order of business set
for this position on the calendar (consideration of executive
nominations) was postponed and made a special order of business for
tomorrow, Tuesday, December 13, 2011, at 11 a.m.
The Senate proceeded to the fourth order of business.
Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 4001, Regulating oil and gas wells.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 4001 (originating in the
Committee on the Judiciary)--
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-10a, §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 rulemaking 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 impoundments;
providing notice to certain property owners of certain
applications, intent to enter property or conduct seismic activity;
clarifying that notice to certain lienholders is not notice to
certain landowners; clarifying method of delivering of notice;
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.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Corey Palumbo,
Chair.
At the request of Senator Palumbo, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 4001) contained in the
preceding report from the Committee on the Judiciary was taken up
for immediate consideration, read a first time, ordered to second
reading and, under the original double committee reference, was
then referred to the Committee on Finance.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Unger, the Senate recessed until 6 p.m.
today.
Upon expiration of the recess, the Senate reconvened and
resumed business under the fourth order.
Senator Prezioso, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 4001, Regulating oil and gas
wells.
Now on second reading, having been read a first time and
referred to the Committee on Finance in prior proceedings today;
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Unger then moved that the Senate adjourn until
tomorrow, Tuesday, December 13, 2011, at 10 a.m.
The question being on the adoption of Senator Unger's
aforestated motion, and on this question, Senator Unger demanded
the yeas and nays.
The roll being taken, the yeas were:
Beach, Boley, Browning,
Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green,
Hall, Helmick, Jenkins, Kirkendoll, Laird, McCabe, Miller, Minard,
Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt,
Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr.
President)--32.
The nays were: Barnes and Klempa--2.
Absent: None.
So, a majority of those present and voting having voted in the
affirmative, the President declared Senator Unger's motion had
prevailed.
In accordance with the foregoing motion, the Senate adjourned
until tomorrow, Tuesday, December 13, 2011, at 10 a.m.
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