Senate Bill No. 712
(By Senators Fanning and Foster)
[Originating in the Committee on Energy, Industry and Mining;
reported February 20, 2008.]
A BILL to amend and reenact §22-21-5 of the Code of West Virginia,
1931, as amended, relating to authorizing the Coalbed Methane
Review Board to propose legislative rules.
Be it enacted by the Legislature of West Virginia:
That §22-21-5 of the Code of West Virginia, 1931, as amended,
be amended and reenacted, all to read as follows:
ARTICLE 21. COALBED METHANE WELLS AND UNITS.
§22-21-5. Duties of the Coalbed Methane Review Board; meetings;
notice, powers and duties generally.
(a) The board shall meet and hold conferences and hearings at
such times and places as are designated by the chairman. The
chairman may call a meeting of the board at any time. The chairman
shall call a meeting of the board: (1) Upon receipt from the chief
of a completed application for a permit to establish one or more
coalbed methane gas drilling units pursuant to this article; (2)
upon receipt from the chief of a request pursuant to section seven of this article or comments or objections pursuant to sections ten
and eleven of this article; or (3) within twenty days upon the
written request by another member of the board. Notice of all
meetings shall be given to each member of the board by the chairman
at least ten days in advance thereof, unless otherwise agreed by
(b) At least ten days prior to every meeting of the board
called pursuant to the provisions of this section, the chairman
shall also notify the applicant, all persons to whom copies of the
application were required to be mailed pursuant to the provisions
of section nine of this article and all persons who filed written
protests or objections with the board in accordance with the
provisions of section ten or eleven of this article.
(c) A majority of the members of the board constitute a quorum
for the transaction of any business. A majority of the members of
the board is required to determine any issue brought before it.
(d) The board shall 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 board has jurisdiction and authority over all persons
and property necessary therefor: Provided,
That the provisions of
this article do not grant to the board authority or power to fix
prices of coalbed methane gas.
(e) Within eighteen months of the effective date of this
article, the board shall initiate rule-making proceedings to
investigate the feasibility of establishing blanket bonds for financial security in addition to the provisions for bonds for
financial security under section thirteen of this article.
(f) The board may:
(1) Take evidence and issue orders concerning applications for
drilling permits and coalbed methane gas drilling units in
accordance with the provisions of this article;
(2) Promulgate, pursuant to the provisions of chapter twenty-
nine-a of this code, and enforce reasonable rules necessary to
govern the practice and procedure before the board;
(3) Propose legislative rules pursuant to the provisions of
chapter twenty-nine-a of this code necessary to implement the
powers and duties provided the board under this article,
notwithstanding the provisions of subsection (b), section four of
(3) (4) Make such relevant investigations of records and
facilities as it deems considers proper; and
(4) (5) Issue subpoenas for the attendance of and sworn
testimony by witnesses and subpoenas duces tecum for the production
of any books, records, maps, charts, diagrams and other pertinent
documents in its own name or at the request of any party pursuant
to article five, chapter twenty-nine-a of this code.
(NOTE: The purpose of this bill is to authorize the Coalbed
Methane Review Board to propose legislative rules.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would