Senate Bill No. 193
(By Senator Deem)
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[Introduced January 13, 2010; referred to the Committee on
Energy, Industry and Mining.]
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A BILL to amend and reenact §22-6-22 of the Code of West Virginia,
1931, as amended, relating to the reporting of certain
geologic information obtained incidental to oil and gas
drilling; requiring the filing of reports with the Department
of Environmental Protection and the State Geological and
Economic Survey; providing for the delivery of core samples
and well cuttings to the State Geological and Economic Survey;
and assuring the confidentiality of reports and other
information provided.
Be it enacted by the Legislature of West Virginia:
That §22-6-22 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 6. OFFICE OF OIL AND GAS; OIL AND GAS WELLS;
ADMINISTRATION; ENFORCEMENT.
§22-6-22. Well report, logs, core samples and cuttings to be filed; confidentiality and permitted use; authority
to promulgate rules.
(a) Within a reasonable time after the completion of the
drilling of a
shallow well
or deep well, the well operator shall
file with the
director secretary and with the State Geological and
Economic Survey an accurate log. Such log shall contain a
completion report containing the following:
(1) The character, depth and thickness of geological
formations encountered, including fresh water, coal seams, mineral
beds, brine and oil and gas bearing formations; and
(2) Such other information as the
director secretary may
require to effectuate the purposes of this chapter. The
director
secretary may promulgate such reasonable rules in accordance with
article three, chapter twenty-nine-a of this code, as
he may deem
may be considered necessary to ensure that the character, depth and
thickness of geological formations encountered are accurately
logged:
Provided, That the
director secretary shall not require
logging by the use of an electrical logging device:
Provided,
however, That if electrical or mechanical or geophysical logs are
recorded in the well, the secretary may request copies of such
logs: Provided further, That mechanical or geophysical logs shall
not include vertical seismic profiles or two-dimensional or three-
dimensional seismic information.
(b) If a well operator takes core samples, that activity shall be noted within the report and, within sixty days after filing the
completion report, the operator shall, subject to the terms of this
Article, provide the State Geological and Economic Survey with a
complete set of cores, consisting of at least quarter slabs,
correctly labeled and identified according to depth. The core
samples requested by and provided to the State Geological and
Economic Survey will not contain any materials or documents made
with regard to analyzing or interpreting the core samples.
(c) If a well operator catches cuttings during the drilling of
any deep or shallow well, that activity shall be noted within the
report and, within sixty days after filing the completion report,
the operator shall, subject to the terms of this article, provide
the State Geological and Economic Survey with a sample of such
cuttings, correctly labeled and identified according to depth.
(d) Any information, reports, cuttings and core samples
requested by and provided to the State Geological and Economic
Survey by the operator may be kept confidential at the written
request of the operator for a specified amount of time as follows:
(1) Except for core samples, any logs, drill cuttings,
reports, and other information or materials that reveal trade
secrets or other confidential business information relating to the
competitive interests of the operator or the operator's privy may
not be disclosed to the public for one year following delivery,
unless the operator consents in writing to a shorter time. At the operator's written request, the period of confidentiality may be
extended in annual increments: Provided, That the total period of
confidentiality shall not exceed three years.
(2) Any core samples may not be disclosed to the public for
five years following delivery to the State Geological and Economic
Survey, unless the operator consents in writing to a shorter time.
At the operator's written request, the period fo confidentiality
may be extended for an additional five years: Provided, That the
total period of confidentiality shall not exceed ten years.
(e) Notwithstanding subsection (d) of this section, the State
Geological and Economic Survey may store and process confidential
information within its minerals mapping or geographic information
systems; however, that confidential information shall not be
revealed to the public until the lapsing of the period of
confidentiality created pursuant to subsection (d) above. After
the period of confidentiality has lapsed, statistics or other
information generated as the result of storage and processing may
be disclosed in the aggregate through articles, reports, maps, or
lectures presented in accordance with generally accepted academic
or scientific practices and in a manner to preclude the
identification of a particular well or operator.
NOTE: The purpose of this bill is to require well operators to
file reports with the Department of Environmental Protection and
the State Geological and Economic Survey. Provides for the delivery of core samples and well cuttings to the State Geological
and Economic Survey and assures the confidentiality of the reports
and other information provided.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.