Bill Text: WV HB2022 | 2023 | Regular Session | Introduced
Bill Title: Relating to Well Location Restrictions
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-01-11 - To House Energy and Manufacturing [HB2022 Detail]
Download: West_Virginia-2023-HB2022-Introduced.html
WEST virginia legislature
2023 regular session
Introduced
House Bill 2022
By Delegate Hansen
[Introduced January 11, 2023; Referred to the Committee on Energy and Manufacturing then the Judiciary]
A BILL to amend and reenact §22-6A-12 of the Code of West Virginia, 1931, as amended, relating to well location restrictions for natural gas wells; and providing that the limit of disturbance of a well site may not be closer to an occupied building than 2,500 feet.
Be it enacted by the Legislature of West Virginia:
ARTICLE 6A. NATURAL GAS HORIZONTAL WELL CONTROL ACT.
§22-6A-12. Well location restrictions.
(a) Wells may not be drilled within 250 feet measured horizontally from any existing water well or developed spring used for human or domestic animal consumption. The center of well pads may not be located within six hundred twenty-five feet of The limit of disturbance of a well site may not be closer than 2,500 feet from an occupied dwelling structure, or a building 2.500 square feet or larger used to house or shelter dairy cattle or poultry husbandry. This limitation is applicable to those wells, developed springs, dwellings or agricultural buildings that existed on the date a notice to the surface owner of planned entry for surveying or staking as provided in §22-6A-10 of this code or a notice of intent to drill a horizontal well as provided in §22-6A-16(b) of this code, was provided whichever occurs first, and to any dwelling under construction prior to that date. This limitation may be waived by written consent of the surface owner transmitted to the department and recorded in the real property records maintained by the clerk of the county commission for the county in which such the property is located. Furthermore, the well operator may be granted a variance by the secretary from these distance restrictions upon submission of a plan which identifies the sufficient measures, facilities, or practices to be employed during well site construction, drilling and operations. The variance, if granted, shall include terms and conditions the department requires to ensure the safety and protection of affected persons and property. The terms and conditions may include insurance, bonding, and indemnification, as well as technical requirements.
(b) No well pad may be prepared or well drilled within 100 feet measured horizontally from any perennial stream, natural or artificial lake, pond or reservoir, or a wetland, or within 300 feet of a naturally reproducing trout stream. No well pad may be located within 1,000 feet of a surface or ground water intake of a public water supply. The distance from the public water supply as identified by the department shall be measured as follows:
(1) For a surface water intake on a lake or reservoir, the distance shall be measured from the boundary of the lake or reservoir.
(2) For a surface water intake on a flowing stream, the distance shall be measured from a semicircular radius extending upstream of the surface water intake.
(3) For a groundwater source, the distance shall be measured from the wellhead or spring. The department may, in its discretion, waive these distance restrictions upon submission of a plan identifying sufficient measures, facilities or practices to be employed during well site construction, drilling and operations to protect the waters of the state. A waiver, if granted, shall impose any permit conditions as the secretary considers necessary.
(c) Notwithstanding the foregoing provisions of this section, nothing contained in this section prevents an operator from conducting the activities permitted or authorized by a Clean Water Act Section 404 permit or other approval from the United States Army Corps of Engineers within any waters of the state or within the restricted areas referenced in this section.
(d) The well location restrictions set forth in this section shall may not apply to any well on a multiple well pad if at least one of the wells was permitted or has an application pending prior to the effective date of this article.
(e) The secretary shall, by December 31, 2012, report to the Legislature on the noise, light, dust, and volatile organic compounds generated by the drilling of horizontal wells as they relate to the well location restrictions regarding occupied dwelling structures pursuant to this section. Upon a finding, if any, by the secretary that the well location restrictions regarding occupied dwelling structures are inadequate or otherwise require alteration to address the items examined in the study required by this subsection, the secretary shall have the authority to may propose for promulgation legislative rules establishing guidelines and procedures regarding reasonable levels of noise, light, dust, and volatile organic compounds relating to drilling horizontal wells, including reasonable means of mitigating such factors, if necessary.
NOTE: The purpose of this bill is to provide that the limit of disturbance of a well site may not be closer to an occupied building than 2,500 feet.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
