COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 460
(By Senators Foster, McCabe, Sprouse, Wells and Stollings)
____________
[Originating in the Committee on Natural Resources;
reported February 15, 2007.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §20-5-22, relating to
providing notice to the Director of the Division of Natural
Resources, the Director of the Division of Forestry and the
state forest superintendent of road access for permits and
access road maintenance on state forests; requiring a public
comment period; and requiring the director to promulgate
applicable rules as permitted by law.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated
§20-5-22
, to read as
follows:
ARTICLE 5. PARKS AND RECREATION.
§20-5-22. Powers and duties of the director relating to oil and
gas access roads on state forests.
(a) In addition to the requirements of article six, chapter twenty-two of this code, a party applying for the well work permit
shall publish a Class I-O legal advertisement in compliance with
the provisions of article three, chapter fifty-nine of this code in
a qualified newspaper at least sixty days prior to submitting an
application with the Department of Environmental Protection. The
notice shall state that the Division of Natural Resources will
accept public comments prior to the party's application to the
Department of Environmental Protection and shall give a postal
address and an email address where the public may file comments.
(b) For all new oil and gas road construction proposed in
subsection (a) of this section within state forests, notice shall
be sent by certified mail to the director, the Director of the
Division of Forestry and the state forest superintendent by the
party applying for the well work permit forty-five days before the
application of the well work permit is filed with the Department of
Environmental Protection.
(c) For routine maintenance of the access roads within the
state forest, notice shall be sent by certified mail to the
director, the Director of the Division of Forestry and the state
forest superintendent by the well operator for maintenance of the
well access road twenty days before the motorized equipment is to
enter the state forest.
(d) The Director of the Division of Natural Resources shall
propose emergency and legislative rules in accordance with article
three, chapter twenty-nine of this code in consultation with the
Division of Environmental Protection that set forth the conditions upon which the permitee may access the land for the purpose of well
work in a state forest as permitted by law.
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(NOTE: The purpose of this bill is to require that forty-five
days' notice be given to the Director of the Division of Natural
Resources, the Director of the Division of Forestry and the state
forest superintendent for oil and gas road access for permits and
twenty days for oil and gas access road maintenance on state
forests. The bill also requires a public comment period of sixty
days, and that the Director to promulgate applicable rules as
permitted by law.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)
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