SB 316 — Relating to oil and gas conservation commission membership

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Red = new code to be enacted WEST virginia legislature regular session IntroducedCommittee Substitute for Senate Bill 316 By Senator MaynardMaynard, [Introducedoriginal Januarysponsor 13,[Originating 2020;in the Committee on Government Organization;

referredreported toon theJanuary Committee31, on2020] Government  Organization]  A BILL to amend and reenact §22C-9-4 of the Code of West Virginia, 1931, as amended, relating to membership of oilthe Oil and gasGas conservationConservation commission;Commission;

and revising the qualifications of oneappointed commissionpublic member whoand isof appointed bymember thewho Governor.serves as chair of commission.

(a) The “oil“Oil and gasGas conservationConservation commission”Commission” shall be composed of five members.

The directorDirector of the Department of Environmental Protection and the chiefChief of the officeOffice of oilOil and gasGas shall be members of the commissioncommission, ex officio.

Of the three members appointed by the Governor, one shall be an independent producerproducer, and at least one shall be a public member notwho engagedhas innever anbeen activityemployed underby, or a consultant to, a business involved in the jurisdictionexploration and production of theoil Publicand Servicegas, Commissionand orwho thealso federalowns energyland regulatoryin commission.the state.

not engaged in an activity under the jurisdiction of the Public Service Commission or the federal energy regulatory commission.  The third appointee shall possess a degree from an accredited college or university in petroleum engineering or geology and must be a registered professional engineer with particular knowledge and experience in the oil and gas industry and shall serve as commissioner and as chair of the commission.

(b) The members of the commission appointed by the Governor shall be appointed for overlapping terms of six years each, except that the original appointments shall be for terms of two, fourfour, and six years, respectively.

Each member appointed by the Governor shall serve until the membersmember’s successor has been appointed and qualified.

Vacancies in the membership appointed by the Governor shall be filled by appointment by the Governor for the unexpired term of the member whose office is vacantvacant, and such appointment shall be made by the Governor within 60 days of the occurrence of such vacancy.

Any member appointed by the Governor may be removed by the Governor in case of incompetency, neglect of duty, gross immoralityimmorality, or malfeasance in office.

The chair may call a meeting of the commission at any time, and shall call a meeting of the commission upon the written request of two membersmembers, or upon the written request of the oil and gas conservation commissioner or the chiefChief of the officeOffice of oilOil and gas.Gas.

(d) The commission shall pay each member the same compensation as is paid to members of the Legislature for their interim dutiesduties, as recommended by the citizensCitizens legislativeLegislative compensationCompensation commissionCommission and authorized by law for each day or portion thereof engaged in the discharge of official dutiesduties, and shall reimburse each member for actual and necessary expenses incurred in the discharge of official duties.

(e) The commission is hereby empoweredempowered, and it is the commission’s duty to execute and carry out, administeradminister, and enforce the provisions of this article in the manner provided herein.

(2) Make and enforce reasonable rules and orders reasonably necessary to prevent waste, protect correlative rights, govern the practice and procedure before the commissioncommission, and otherwise administer the provisions of this article;

(3) Issue subpoenas for the attendance of witnesses and subpoenas duces tecum for the production of any books, records, maps, charts, diagramsdiagrams, and other pertinent documents, and administer oaths and affirmations to such witnesses, whenever, in the judgment of the commission, it is necessary to do so for the effective discharge of the commission’s duties under the provisions of this article;

and (4) Serve as technical advisor regarding oil and gas to the Legislature,Legislature and its members and committees, to the chiefChief of officethe Office of oilOil and gas,Gas, to the Department of Environmental ProtectionProtection, and to any other agency of state government having responsibility related to the oil and gas industry.

(g) The commission may delegate to the commission staff the authority to approve or deny an application for new well permits, or to establish drilling units or special field rules if:

(2) Approve or deny an application for new well permits, or to establish drilling units or special field rules if the conditions set forth in subsection (g) of this section are not met;

The purpose of this bill is to removemodify the requirementsrequirement that one member,of appointed by the Governor,three members of the Oil and Gas Conservation Commission appointed by the Governor must possess a degree from an accredited college or university in petroleum engineering or geology, and be a registered professional engineer.

The bill amends the requirement that the engineering degree be in petroleum engineering, allowing the degree to be in engineering, and removes the requirement that the appointee have particularized knowledge in the oil and gas industry, allowing the appointee to have knowledge in that industry.

The bill amends the requirements for the public member of the commission, requiring that the public member have never been employed by or a consultant to a business involved in oil and gas exploration and production and also own land in the state.

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