sb454 sub1
Senate Bill 454 History
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COMMITTEE SUBSTITUTE
for
Senate Bill No. 454
(By Senators Deem, Foster, Kessler, Green, and D. Facemire)
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[Originating in the Committee on Energy, Industry and
Mining; reported March 12, 2009.]
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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 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, they shall
accompany the report 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:
(i) 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 (1) 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 (3) years.
(ii) Any core samples may not be disclosed to the public for
five (5) 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 (5) years:
Provided, That the total period of confidentiality shall not exceed
ten (10) 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.