West Virginia 2023 Regular Session Status: In Committee 3 R cosponsors

SB 448 — Providing funding for DEP Office of Oil and Gas

Last action — To Finance

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House of Delegates
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

268 added · 265 removed

Plain-language change summary

The recent changes to Bill SB 448 focus on how funding for the Office of Oil and Gas in West Virginia will be structured. The updated version now dedicates a portion of oil and gas severance tax revenue specifically for this office and outlines an annual fee for producing wells that can be redirected to the Oil and Gas Reclamation Fund when necessary. Additionally, it has removed the limit on fees collected for expedited permits and modifications, allowing for potentially higher funding. These changes are significant because they aim to ensure better financial support for the office's regulatory work and promote efficient permit processing for oil and gas operations.

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WEST VIRGINIA LEGISLATURE REGULAR SESSION Introduced Senate Bill 448 By Senators Smith, Clements, and Woodrum [Introduced January 24, 2023;
WEST VIRGINIA LEGISLATURE REGULAR SESSION Committee Substitute for Senate Bill 448 By Senator Smith [Originating in the Committee on Energy, Industry, and Mining;
referred to the Committee on Energy, Industry, and Mining;
reported on February 1, 2023] CS for SB 448 A BILL to amend and reenact §11-13A-5a of the Code of West Virginia, 1931, as amended;
and then to the Committee on Fina]ce Intr SB 448 2023R3061 A BILL to amend and reenact §11-13A-5a of the Code of West Virginia, 1931, as amended, and to amend and reenact §22-6-2, §22-6-29, and §22-6A-7 of said code;
and to amend and reenact §22-6-2, §22-6-29, and §22-6A-7 of said code, all relating to funding the Office of Oil and Gas in the Department of Environmental Protection;
all relating to funding the Office of Oil and Gas in the Department of Environmental Protection;
dedicating a percentage of oil and gas severance taxes to Office of Oil and Gas;
providing for the apportionment of oil and gas severance taxes;
collecting annual fee assessed on producing wells;
establishing annual varied inspection fees for wells producing more than 10,000 cubic feet of gas per day;
providing that in certain instances annual fees on producing wells may be transferred to the Oil and Gas Reclamation Fund;
increasing the expedited modification fee while eliminating the cap on collections of fees for expedited permits and expedited modifications ;and providing that those fees, if not used for other purposes, may be moved to the Oil and Gas Reclamation special revenue fund.
providing for payment of additional fee for expedited consideration of permit modification for horizontal wells;
and eliminating the cap on collection of additional fees for expedited permits and expedited permit modifications paid to Gas Operating Permit and Processing Fund.
Effective July 1, 1997, and thereafter, 10 percent of the tax attributable to the severance of oil and gas imposed by section three-a of this article is hereby dedicated for the Intr SB 448 2023R3061 use and benefit of counties and municipalities within this state and shall be distributed to the counties and municipalities as provided in this section.
Effective July 1, 1997, and thereafter, 10 percent of the tax attributable to 1 CS for SB 448 the severance of oil and gas imposed by section three-a of this article is hereby dedicated for the use and benefit of counties and municipalities within this state and shall be distributed to the counties and municipalities as provided in this section.
(d) In order to provide a procedure for the distribution of 75 percent of the dedicated tax for counties and municipalities on oil and gas to the oil and gas producing counties, the special fund known as the oil and gas county revenue fund established in State Treasurer's office by chapter two hundred forty-two, acts of the Legislature, 1995 regular session, as amended and reenacted in the subsequent act of the Legislature, is hereby continued.
(d) In order to provide a procedure for the distribution of 75 percent of the dedicated tax for counties and municipalities on oil and gas to the oil and gas producing counties, the special fund known as the Oil and Gas County Revenue Fund established in State Treasurer's office by chapter two hundred forty-two, acts of the Legislature, 1995 regular session, as amended and reenacted in 2 CS for SB 448 the subsequent act of the Legislature, is hereby continued.
In order to provide a procedure for the Intr SB 448 2023R3061 distribution of the remaining 25 percent of the dedicated tax for counties and municipalities on oil and gas to all counties and municipalities of the state, without regard to oil and gas having been produced in those counties or municipalities, the special fund known as the all counties and municipalities revenue fund established in State Treasurer's office by chapter two hundred forty- two, acts of the Legislature, 1995 regular session, as amended and reenacted in the subsequent act of the Legislature, is hereby redesignated as the "all counties and municipalities oil and gas revenue fund" and is hereby continued.
In order to provide a procedure for the distribution of the remaining 25 percent of the dedicated tax for counties and municipalities on oil and gas to all counties and municipalities of the state, without regard to oil and gas having been produced in those counties or municipalities, the special fund known as the All Counties and Municipalities Revenue Fund established in State Treasurer's office by chapter two hundred forty- two, acts of the Legislature, 1995 regular session, as amended and reenacted in the subsequent act of the Legislature, is hereby redesignated as the "All Counties and Municipalities Oil and Gas Revenue Fund" and is hereby continued.
Seventy-five percent of the dedicated tax for counties and municipalities on oil and gas shall be deposited in the oil and gas county revenue fund and 25 percent of the this dedicated tax on oil and gas shall be deposited in the all counties and municipalities oil and gas revenue fund, from time to time, as the proceeds are received by the Tax Commissioner.
Seventy-five percent of the dedicated tax for counties and municipalities on oil and gas shall be deposited in the Oil and Gas County Revenue Fund and 25 percent of the this dedicated tax on oil and gas shall be deposited in the All Counties and Municipalities Oil and Gas Revenue Fund, from time to time, as the proceeds are received by the Tax Commissioner.
(e) The moneys in the oil and gas county revenue fund and the moneys in the all counties and municipalities oil and gas revenue fund shall be allocated among and distributed annually to the counties and municipalities entitled to the moneys by the State Treasurer in the manner specified in this section.
(e) The moneys in the Oil and Gas County Revenue Fund and the moneys in the All Counties and Municipalities Oil and Gas Revenue Fund shall be allocated among and distributed annually to the counties and municipalities entitled to the moneys by the State Treasurer in the manner specified in this section.
The amount to which an oil and gas producing county is entitled from the oil and gas county revenue fund shall be determined in accordance with subsection (f) of this section, and the amount to which every county and municipality shall be entitled from the all counties and municipalities oil and gas revenue fund shall be determined in accordance with subsection (g) of this section.
The amount to which an oil and gas producing county is entitled from the Oil and Gas County Revenue Fund shall be determined in accordance with subsection (f) of this section, and the amount to which every county and municipality shall be entitled from the All Counties and Municipalities Oil and Gas Revenue Fund shall be determined in accordance with subsection (g) of this section.
After determining, as set forth in subsections (f) and (g) of this section, the amount each county and municipality is entitled to receive from the respective fund or funds, a warrant of the State Auditor for the sum due to the county or municipality shall issue and a check drawn thereon making payment of the sum shall Intr SB 448 2023R3061 thereafter be distributed to the county or municipality.
After determining, as set forth in subsections (f) and (g) of this section, the amount each county and municipality is entitled to receive from the respective fund or funds, a warrant of the State Auditor 3 CS for SB 448 for the sum due to the county or municipality shall issue and a check drawn thereon making payment of the sum shall thereafter be distributed to the county or municipality.
(f) The amount to which an oil and gas producing county is entitled from the oil and gas county revenue fund shall be determined by:
(f) The amount to which an oil and gas producing county is entitled from the Oil and Gas County Revenue Fund shall be determined by:
(g) The amount to which each county and municipality is entitled from the all counties and municipalities oil and gas revenue fund shall be determined in accordance with the provisions of this subsection.
(g) The amount to which each county and municipality is entitled from the All Counties and Municipalities Oil and Gas Revenue Fund shall be determined in accordance with the provisions of this subsection.
For purposes of this subsection "population" means the population as determined by the most recent decennial census taken under the authority of the United States:
For purposes of this subsection, "population" means the population as determined by the most recent decennial census taken under the authority of the United States:
(1) The treasurer shall first apportion the total amount of moneys available in the all counties and municipalities oil and gas revenue fund by multiplying the total amount in the fund by the percentage which the population of each county bears to the total population of the state.
(1) The treasurer shall first apportion the total amount of moneys available in the All Counties and Municipalities Oil and Gas Revenue Fund by multiplying the total amount in the fund by the percentage which the population of each county bears to the total population of the state.
One portion is determined by multiplying the base share by that percentage which the total population of all unincorporated areas within the county bears to the total population of the county, and the other Intr SB 448 2023R3061 portion is determined by multiplying the base share by that percentage which the total population of all municipalities within the county bears to the total population of the county.
One portion is determined by multiplying the base share by that percentage which the total population of all 4 CS for SB 448 unincorporated areas within the county bears to the total population of the county, and the other portion is determined by multiplying the base share by that percentage which the total population of all municipalities within the county bears to the total population of the county.
Provided, That in counties with population in excess of two hundred thousand, at least 75 percent of the funds received from the oil and gas county revenue fund shall be apportioned to and expended within the oil and gas producing area or areas of the county, the oil and gas producing areas of each county to be determined generally by the State Tax Commissioner:
Provided, That in counties with population in excess of two hundred thousand, at least 75 percent of the funds received from the Oil and Gas County Revenue Fund shall be apportioned to and expended within the oil and gas producing area or areas of the county, the oil and gas producing areas of each county to be determined generally by the State Tax Commissioner:
(i) On or before March 28, 1997, and each March 28, each county commission or governing body of a municipality receiving any such moneys shall submit to the Tax Commissioner on forms provided by the Tax Commissioner a special budget, detailing how the moneys are to be spent during the subsequent fiscal year.
(i) On or before March 28, 1997, and each March 28, each county commission or governing body of a municipality receiving any such moneys shall submit to the Tax Commissioner, on forms provided by the Tax Commissioner, a special budget detailing how the moneys are to be spent during the subsequent fiscal year.
All unexpended balances remaining in the county or municipality general fund at the close of a fiscal year shall remain in the General Fund and may be expended by the county or municipality without restriction.
All unexpended balances remaining in the county or municipality general fund at the close of a fiscal year shall remain in the General Fund and may be expended by the county or municipality 5 CS for SB 448 without restriction.
(j) On or before December 15, 1996, and each December 15 thereafter, the Tax Intr SB 448 2023R3061 Commissioner shall deliver to the clerk of the Senate and the Clerk of the House of Delegates a consolidated report of the budgets, created by subsection (i) of this section, for all county commissions and municipalities as of July 15, of the current year.
(j) On or before December 15, 1996, and each December 15 thereafter, the Tax Commissioner shall deliver to the Clerk of the Senate and the Clerk of the House of Delegates a consolidated report of the budgets created by subsection (i) of this section, for all county commissions and municipalities as of July 15, of the current year.
(2) Determine the number of supervising oil and gas inspectors and oil and gas inspectors needed to carry out the purposes of §22-6-1 et seq., §22-6A-1 et seq., §22-8-1 et seq., §22-9-1 et seq., §22-10-1 et seq., and §22-21-1 et seq.
(2) Determine the number of supervising oil and gas inspectors and oil and gas inspectors 6 CS for SB 448 needed to carry out the purposes of §22-6-1 et seq., §22-6A-1 et seq., §22-8-1 et seq., §22-9-1 et seq., §22-10-1 et seq., and §22-21-1 et seq.
All appointees Intr SB 448 2023R3061 must be qualified civil service employees, but no person is eligible for appointment until he or she has served in a probationary status for a period of six months to the satisfaction of the secretary;
All appointees must be qualified civil service employees, but no person is eligible for appointment until he or she has served in a probationary status for a period of six months to the satisfaction of the secretary;
(9) Conduct research and studies as the secretary shall deem necessary to aid in protecting the health and safety of persons employed within or at potential or existing oil or gas production fields within this state, to improve drilling and production methods, and to provide for the more efficient protection and preservation of oil and gas-bearing rock strata and property used in connection therewith;
(9) Conduct research and studies as the secretary shall deem necessary to aid in protecting the health and safety of persons employed within or at potential or existing oil or gas production fields within this state, to improve drilling and production methods, and to provide for the more efficient protection and preservation of oil and gas-bearing rock strata and property used 7 CS for SB 448 in connection therewith;
(10) Collect a permit fee of $400 for each permit application filed other than an application Intr SB 448 2023R3061 for a deep well, horizontal wells regulated pursuant to §22-6A-1 et seq.
(10) Collect a permit fee of $400 for each permit application filed other than an application for a deep well, horizontal wells regulated pursuant to §22-6A-1 et seq.
of this code that has not yet been plugged, and that produces more than an average, calculated by dividing the annual production by 365, of 250,000 cubic feet of gas per day or more as reported to the State Tax Commissioner in the previous reporting year, an annual oversight fee of $350 for each well;
of this code, that have not yet been plugged, and that produce more than an average, calculated by dividing the annual production by 365, of 250,000 cubic feet of gas per day or more as reported to the State Tax Commissioner in the previous reporting year, an annual oversight fee of $350 for each well;
of this code that has not yet been plugged, and that produces an average, calculated by dividing the annual production by 365, of less than or equal to 250,000 cubic feet of gas but more than 60,000 cubic feet of gas per day as reported to the State Tax Commissioner in the previous reporting year, an annual oversight fee of $75 for each well;
of this code, that have not yet been plugged, and that produce an average, calculated by dividing the annual production by 365, of less than 250,000 cubic feet of gas but more than 60,000 cubic feet of gas per day as reported to the State Tax Commissioner in the previous reporting year, an annual oversight fee of $75 for each well;
(13) On or after July 1 of each year, collect from the responsible operator of the first 4,000 wells subject to §22-6-1 et seq., §22-6A-1 et seq.
8 CS for SB 448 (13) On or after July 1 of each year, collect from the responsible operator of the first 4,000 wells subject to §22-6-1 et seq., §22-6A-1 et seq.
of this code that has not yet Intr SB 448 2023R3061 been plugged, and that produces an average, calculated by dividing the annual production by 365, of less than or equal to 60,000 cubic feet of gas but more than 10,000 cubic feet of gas per day as reported to the State Tax Commissioner in the previous reporting year, an annual oversight fee of $25 for each well;
of this code, that have not yet been plugged, and that produce an average, calculated by dividing the annual production by 365, of less than or equal to 60,000 cubic feet of gas but more than 10,000 cubic feet of gas per day as reported to the State Tax Commissioner in the previous reporting year, an annual oversight fee of $25 for each well;
Similarly, all oil and gas inspectors and supervising inspectors shall have authority to visit and inspect any well or well site and any other oil or gas facility in this state.
Similarly, all oil and gas inspectors and 9 CS for SB 448 supervising inspectors shall have authority to visit and inspect any well or well site and any other oil or gas facility in this state.
Such inspectors shall make all necessary inspections of oil and gas Intr SB 448 2023R3061 operations required by §22-6-1 et seq., §22-6A-1 et seq., §22-8-1 et seq., §22-9-1 et seq., §22-10- 1 et seq., and §22-21-1 et seq.
Such inspectors shall make all necessary inspections of oil and gas operations required by §22-6-1 et seq., §22-6A-1 et seq., §22-8-1 et seq., §22-9-1 et seq., §22-10- 1 et seq., and §22-21-1 et seq.
(a) There is hereby continued within the Treasury of the State of West Virginia the special fund known as the Oil and Gas Operating Permit and Processing Fund, and the secretary shall deposit with the state Treasurer to the credit of such special fund all fees collected under the provisions of subdivision ten, subsection (c), section two of this article §22-6-2(c)(10), §22-6- 2(c)(11), §22-6-2(c)(12) and §22-6-2(c)(13) of this code.
(a) There is hereby continued within the Treasury of the State of West Virginia the special fund known as the Oil and Gas Operating Permit and Processing Fund, and the secretary shall deposit with the state Treasurer to the credit of such special fund all fees collected under the provisions of subdivision ten, subsection (c), section two of this article §22-6-2(c)(10), §22-6- 2(c)(11), §22-6-2(c)(12), and §22-6-2(c)(13) of this code.
Fees collected under §22- 6-2(c)(11), (12) and (13) of this code not used for other purposes may only be transferred to the Oil and Gas Reclamation Fund that is continued in §22-6-29(b) of this code at the discretion of the secretary.
Fees collected under §22- 6-2(c)(11), §22-6-2(c)(12), and §22-6-2(c)(13) of this code not used for other purposes may only be transferred to the Oil and Gas Reclamation Fund that is continued in §22-6-29(b) of this code at 10 CS for SB 448 the discretion of the secretary.
The secretary shall make an annual report to the Governor and to the Legislature on the Intr SB 448 2023R3061 use of the fund, and shall make a detailed accounting of all expenditures from the Oil and Gas Operating Permit and Processing Fund.
The secretary shall make an annual report to the Governor and to the Legislature on the use of the fund, and shall make a detailed accounting of all expenditures from the Oil and Gas Operating Permit and Processing Fund.
There is hereby continued within the Treasury of the State of West Virginia the special fund known as the oil and gas reclamation fund, and the secretary shall deposit with the state Treasurer to the credit of such special fund all special reclamation fees collected.
There is hereby continued within the Treasury of the State of West Virginia the special fund known as the Oil and Gas Reclamation Fund, and the secretary shall deposit with the state Treasurer to the credit of such special fund all special reclamation fees collected.
of this code shall inure to the benefit of, and shall be deposited in, such oil and gas reclamation fund.
of this code shall inure to the benefit of, and shall be deposited in, such Oil and Gas Reclamation Fund.
The oil and gas reclamation fund shall be administered by the secretary.
The Oil and Gas Reclamation Fund shall be administered by the secretary.
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The secretary, as funds become available in the oil and gas reclamation fund, shall reclaim and properly plug wells in accordance with said plans and specifications and in accordance with the provisions of §22-6-1 et seq.
The secretary, as funds become available in the Oil and Gas Reclamation Fund, shall reclaim and properly plug wells in accordance with said plans and specifications and in accordance with the provisions of §22-6-1 et seq.
The secretary may avail the division of any federal funds provided on a matching basis that may be made available for the purpose of reclaiming or plugging any wells.
11 CS for SB 448 The secretary may avail the division of any federal funds provided on a matching basis that may be made available for the purpose of reclaiming or plugging any wells.
Intr SB 448 2023R3061 The secretary shall make an annual report to the Governor and to the Legislature setting forth the number of wells reclaimed or plugged through the use of the Oil and Gas Reclamation Fund provided for herein.
The secretary shall make an annual report to the Governor and to the Legislature setting forth the number of wells reclaimed or plugged through the use of the Oil and Gas Reclamation Fund provided for herein.
(2) The names and addresses of every coal operator operating coal seams under the tract of land on which the well is or may be located, and the coal seam owner of record and lessee of record required to be given notice by §22-6A-5(a)(6) of this code, if any, if the owner or lessee is not yet operating the coal seams;
(2) The names and addresses of every coal operator operating coal seams under the tract of land on which the well is or may be located, and the coal seam owner of record, and lessee of 12 CS for SB 448 record required to be given notice by §22-6A-5(a)(6) of this code, if any, if the owner or lessee is not yet operating the coal seams;
Intr SB 448 2023R3061 (3) The number of the well or other identification the secretary may require;
(3) The number of the well or other identification the secretary may require;
(8) If the proposed well work will require casing or tubing to be set, the entire casing program for the well, including the size of each string of pipe, the starting point and depth to which each string is to be set and the extent to which each such string is to be cemented;
(8) If the proposed well work will require casing or tubing to be set, the entire casing program for the well, including the size of each string of pipe, the starting point and depth to which each string is to be set, and the extent to which each such string is to be cemented;
The plan shall encompass all aspects of the operation, including the actual well work for which the permit was obtained, completion activities and production activities, and shall provide an emergency point of contact for Intr SB 448 2023R3061 the well operator.
The plan shall encompass all 13 CS for SB 448 aspects of the operation, including the actual well work for which the permit was obtained, completion activities and production activities, and shall provide an emergency point of contact for the well operator.
(2) For well sites that disturb three acres or more of surface, excluding pipelines, gathering lines and roads, the erosion and sediment control plan submitted in accordance with this section shall be certified by a registered professional engineer.
(2) For well sites that disturb three acres or more of surface, excluding pipelines, gathering lines, and roads, the erosion and sediment control plan submitted in accordance with this section shall be certified by a registered professional engineer.
(d) For well sites that disturb three acres or more of surface, excluding pipelines, gathering lines and roads, the operator shall submit a site construction plan that shall be certified by a Intr SB 448 2023R3061 registered professional engineer and contains information that the secretary may require by rule.
14 CS for SB 448 (d) For well sites that disturb three acres or more of surface, excluding pipelines, gathering lines, and roads, the operator shall submit a site construction plan that shall be certified by a registered professional engineer and shall contain information that the secretary may require by rule.
A sufficient in-stream flow is maintained when a pass-by flow that is protective of the identified use of the stream is preserved immediately downstream of the point of withdrawal;
A 15 CS for SB 448 sufficient in-stream flow is maintained when a pass-by flow that is protective of the identified use of the stream is preserved immediately downstream of the point of withdrawal;
and (C) Methods to be used for surface water withdrawal to minimize adverse impact to aquatic Intr SB 448 2023R3061 life;
and (C) Methods to be used for surface water withdrawal to minimize adverse impact to aquatic life;
(f) An application may propose and a permit may approve two or more activities defined as well work;
(f) An application may propose, and a permit may approve, two or more activities defined as well work;
(2) Upon entering into an expedited permit process and meeting all the criteria set forth in this article, the secretary shall issue or deny a permit within 45 days of the submission of a permit application under this article, unless the secretary seeks additional information or modification from the applicant, which would toll the 45 day period until the secretary receives the required responsive information from the applicant.
(2) Upon entering into an expedited permit process and meeting all the criteria set forth in this article, the secretary shall issue or deny a permit within 45 days of the submission of a permit application under this article, unless the secretary seeks additional information or modification from the applicant, which would toll the 45-day period until the secretary receives the required responsive information from the applicant.
(A) The 45-day deadline for approval or denial of an expedited initial horizontal well drilled, the secretary shall refund $1,333.33 per day up to and including day 60 after the submission of a permit application until the expedited fee is reduced to the normal permit fee amount;
(A) The 45-day deadline for approval or denial of an 16 CS for SB 448 expedited initial horizontal well drilled, the secretary shall refund $1,333.33 per day up to and including day 60 after the submission of a permit application until the expedited fee is reduced to the normal permit fee amount;
or (B) the 45-day deadline for approval or denial of an expedited Intr SB 448 2023R3061 permit for any additional horizontal well drilled on a single well pad at the same location, the secretary shall be required to refund $666.66 per day up to and including day 60 after the submission of a permit application, until the expedited fee is reduced to the normal permit fee amount.
or (B) the 45-day deadline for approval or denial of an expedited permit for any additional horizontal well drilled on a single well pad at the same location, the secretary shall be required to refund $666.66 per day up to and including day 60 after the submission of a permit application, until the expedited fee is reduced to the normal permit fee amount.
(B) After all refunds are paid by the secretary, one half of the additional expedited permit fee, plus any residuary as set forth in §22-6A-7(h)(4)(A) of this code, shall be deposited in the Oil and Gas Reclamation Fund and used specifically for the reclamation and plugging of orphaned oil or gas wells.
(B) After all refunds are paid by the secretary, one half of the additional expedited permit fee plus any residuary as set forth in §22-6A-7(h)(4)(A) of this code shall be deposited in the Oil and Gas Reclamation Fund and used specifically for the reclamation and plugging of orphaned oil or gas wells.
(2) Upon entering into an expedited permit modification process and meeting all the criteria set forth in this article, the secretary shall issue or deny a permit modification within 20 days of the submission of a permit modification application under this article, unless the secretary seeks additional information or further modification from the applicant, which would toll the 20 day period until the secretary receives the required responsive information from the applicant.
(2) Upon entering into an expedited permit modification process and meeting all the criteria set forth in this article, the secretary shall issue or deny a permit modification within 20 days of the submission of a permit modification application under this article, unless the secretary seeks additional information or further modification from the applicant, which would toll the 20-day period 17 CS for SB 448 until the secretary receives the required responsive information from the applicant.
(3) Each day the agency exceeds the 20-day deadline for approval or denial of an expedited horizontal well permit modification, the secretary shall refund $500 per day up to and Intr SB 448 2023R3061 including day 30 after the submission of an expedited permit modification application, until the expedited permit modification fee of $5,000 is reduced to zero.
(3) Each day the agency exceeds the 20-day deadline for approval or denial of an expedited horizontal well permit modification, the secretary shall refund $500 per day up to and including day 30 after the submission of an expedited permit modification application, until the expedited permit modification fee of $5,000 is reduced to zero.
(B) After all refunds are paid by the secretary, one half of the expedited permit modification fee, plus any residuary as set forth in §22-6A-7(i)(4)(A) of this code, shall be deposited in the Oil and Gas Reclamation Fund and used specifically for the reclamation and plugging of orphaned oil or gas wells.
(B) After all refunds are paid by the secretary, one half of the expedited permit modification fee plus any residuary as set forth in §22-6A-7(i)(4)(A) of this code shall be deposited in the Oil and Gas Reclamation Fund and used specifically for the reclamation and plugging of orphaned oil or gas wells.
(k) The well operator named in the application shall designate the name and address of an agent for the operator who is the attorney-in-fact for the operator and who is a resident of the State of West Virginia upon whom notices, orders, or other communications issued pursuant to this article or §22-11-1 et seq. of this code may be served, and upon whom process may be served.
(k) The well operator named in the application shall designate the name and address of an agent for the operator who is the attorney-in-fact for the operator and who is a resident of the State of West Virginia upon whom notices, orders, or other communications issued pursuant to this 18 CS for SB 448 article or §22-11-1 et seq. of this code may be served, and upon whom process may be served.
Every well operator required to designate an agent under this section shall, within five days after the termination of the designation, notify the secretary of the termination and designate a new Intr SB 448 2023R3061 agent.
Every well operator required to designate an agent under this section shall, within five days after the termination of the designation, notify the secretary of the termination and designate a new agent.
In that case the secretary may issue an emergency permit which is effective for not more than 30 days, unless reissued by the secretary.
In that case, the secretary may issue an emergency permit which is effective for not more than 30 days, unless reissued by the secretary.
The secretary shall make a written finding of any such determination.
The 19 CS for SB 448 secretary shall make a written finding of any such determination.
(p) Any well work permit issued in accordance with this section may be transferred with the prior written approval of the secretary upon his or her finding that the proposed transferee meets Intr SB 448 2023R3061 all requirements for holding a well work permit, notwithstanding any other provision of this article or rule adopted pursuant to this article.
(p) Any well work permit issued in accordance with this section may be transferred with the prior written approval of the secretary upon his or her finding that the proposed transferee meets all requirements for holding a well work permit, notwithstanding any other provision of this article or rule adopted pursuant to this article.
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Action History

  1. To Finance

  2. Committee substitute reported, but first to Finance

  3. To Energy, Industry, and Mining

  4. Introduced in Senate

  5. To Energy, Industry, and Mining then Finance

  6. Filed for introduction

Sponsors

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 131 not signed on

Sponsors (1)

Co-sponsors (2)

Not signed on (131)

131 members have not signed on to this bill.

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Frequently asked questions

Who sponsors SB 448?
SB 448 is sponsored by Charles H. Clements (Republican), Jack Woodrum (Republican), and Randy E. Smith (Republican).
What is the current status of SB 448?
This bill died with 2023 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 448?
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