SENATE CONCURRENT RESOLUTION NO. 11
(By Senators Chafin, McCabe and Plymale)
Requesting the Joint Committee on Government and Finance study
developing statutes and rules to provide for sequestration of
greenhouse gases.
Whereas, Legislative action regarding the regulation of
greenhouse gas emissions from fossil fuels are a source of debate
at the federal level; and
Whereas, Regulation concerning sequestration of any greenhouse
gases will be the responsibility of the states; and
Whereas, West Virginia statutes and rules do not
comprehensively address sequestration of greenhouse gases; and
Whereas, The viability of new energy projects within the state
require assurances to investors on the impact of such statutes and
rules; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study developing statutes and rules to provide for
sequestration of greenhouse gases; and, be it
Further Resolved, That the study identify legislative options
for the state to create an environment which produces a competitive
advantage for West Virginia in attracting new fossil fuel projects
through comprehensive greenhouse gas sequestration statutes and rules; and, be it
Further Resolved, That the study include physical and
regulatory analogies for regulatory oversight and management of
liability created by sequestration of greenhouse gases; and, be it
Further Resolved, That the study clarify equitable mechanisms
for the compensation of mineral owners for greenhouse gas
sequestration and those sequestering for incremental mineral
production; and, be it
Further Resolved, That the study identify the legislative
parameters that should be imposed on predictive models and
monitoring of sequestered greenhouse gases; and, be it
Further Resolved, That the study identify means by which
regulatory compliance can limit liability; and, be it
Further Resolved, That the study describe options for statute
of limitations for greenhouse gases that might be sequestered
through multiple generations; and, be it
Further Resolved, That the study clarify the ownership of the
pore spaces in mineral deposits once natural gas and/or petroleum
have been recovered, as well as the ownership of sequestered
greenhouse gases; and, be it
Further Resolved, That the study clarify the role of the
Underground Injection Control Program in greenhouse gas
sequestration; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2009, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
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