ENROLLED
Senate Bill No. 382
(By Senators Minard, Helmick, Green, Bowman and Plymale)
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[Passed March 8, 2010; in effect ninety days from passage.]
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AN ACT 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 secretary and with the state Geological and Economic
Survey 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 secretary may require to
effectuate the purposes of this chapter.
The secretary may promulgate such reasonable rules in
accordance with article three, chapter twenty-nine-a of this code,
as may be considered necessary to ensure that the character, depth
and thickness of geological formations encountered are accurately
logged
: Provided, That the 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 these logs
: Provided
further, That mechanical or geophysical logs may 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 may 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 the
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 shall 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 may 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 of confidentiality
may be extended for an additional five years
: Provided, That the
total period of confidentiality may not exceed ten years.
(e) Notwithstanding the provisions of 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 may not be revealed to the public until the lapsing of
the period of confidentiality created pursuant to subsection (d) of
this section. 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.