Introduced Version
Senate Bill 98 History
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Committee Substitute (1)
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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 98
(By Senators Cann, Stollings, McCabe, Williams and Green)
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[Introduced February 13, 2013; referred to the Committee on
Education; and then to the Committee on Finance.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §18B-11C-1,
§18B-11C-2, §18B-11C-3, §18B-11C-4 and §18B-11C-5, all
relating to the creation of the Shale Research, Education,
Policy and Economic Development Center at West Virginia
University.
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 article, designated §18B-11C-1, §18B-11C-2,
§18B-11C-3, §18B-11C-4 and §18B-11C-5, all to read as follows:
ARTICLE 11C. SHALE RESEARCH, EDUCATION, POLICY AND ECONOMIC
DEVELOPMENT CENTER AT WEST VIRGINIA UNIVERSITY.
§18B-11C-1. Purpose.
(a) Advancements in technology have resulted in the efficient development of abundant natural gas and oil resources contained in
underground shales and other geologic formations in the State of
West Virginia. These resources have the potential to generate
jobs, stimulate economic activity, ensure energy security, reduce
carbon and other emissions and provide significant revenues to the
State of West Virginia.
(b) The Legislature finds that the development of the Shale
Research, Education, Policy and Economic Development Center at West
Virginia University is in furtherance of the university's land
grant status and allows the State of West Virginia to focus on the
prudent development and regulation of natural gas and liquid
hydrocarbon from the shale resources in West Virginia and
throughout the world.
(c) This center will provide an opportunity for West Virginia
University to partner with industry and government bodies in the
State of West Virginia, nationally and internationally to explore
opportunities and engage in scientific research and development of
shale resources.
(d) The center shall pursue independent, objective
research-driven analysis to achieve the following:
(1) To improve the efficient development of shale resources;
(2) To generate and document best practices covering
environmental, safety, business and health practices;
(3) To advance environmental performance by garnering industry and regulatory commitment;
(4) To improve transparency of the data and process, and
develop effective outreach and engagement of affected communities;
(5) To protect the environment of the State of West Virginia
and beyond by minimizing methane, carbon dioxide and any other
potential emissions; and
(6) To structure legal frameworks and policies to promote
prudent development of and access to the state's resources.
(e) The center shall have a flexible structure to accommodate
the needs of the state, West Virginia University and its partners
in government and industry. This will be achieved through:
(1) Investment by state and federal sources in strategic
research;
(2) Focused, cofunded research and development programs
sponsored by West Virginia University, government and industry
partners;
(3) Industry-funded applied research; and
(4) Specialized services for government and industry partners.
§18B-11C-2. Creation of the Shale Research, Education, Policy and
Economic Development Center at West Virginia
University.
(a) In furtherance of the purpose set forth in section one,
there is created a research, education and economic development
entity known as the Shale Research, Education, Policy and Economic Development Center at West Virginia University.
(b) West Virginia University shall use its research
capabilities, including, but not limited to:
(1) Technologies for efficient resource assessment and
efficient extraction, such as various improvements to extraction
technologies, earth imaging and other technologies to map,
evaluate, and assess resources and understand geoprocesses; models
to predict and manipulate multiphase fluid flow including gas,
liquid hydrocarbons and hydraulic fracture fluids; and water life
cycle analysis from source through staging, use, wastewater
recycling and treatment.
(2) Environmental and economic impacts, such as fuel cycle
analysis; construct state-wide baselines for water and air quality;
control of emissions and fuel waste in all cycles of energy
production and delivery; policy analysis to facilitate cost
effective permitting, industry management, regulation and
acceptance, improved gathering, storage, analysis, transparency,
and access of energy data to serve government, industry, and the
public.
(3) Human dimensions, such as workforce development via K-12
and college programming specializing in energy and environment
fields; analysis of public health risks and promotion of best
practices to protect public health and work place health and
safety; transparent and effective communication strategies to establish shared understandings of expectations and awareness of
issues and facts; and assist state agencies including the West
Virginia Department of Environmental Protection, West Virginia
State Tax Division, the West Virginia Geologic and Economic Survey
to develop a transparent, efficient and effective environment to
manage the state's oil and natural gas resources for the benefit of
all the state's citizens, thus ensuring that development of these
resources is tracked and followed accurately and further ensuring
that appropriate revenue streams are captured by the state and that
royalties to mineral lessors are appropriately protected;
development of best business practices in aid and assistance of
developing a robust and prudently positioned industry in the state,
and; tracking and analyzing the economic impact and effect of the
industry upon the state.
§18B-11C-3. Definitions.
As used in this article:
"Board" means the West Virginia University Board of Governors.
"Center" means the Shale Research, Education, Policy and
Economic Development Center at West Virginia University.
§18B-11C-4. Powers and duties of the Board of Governors and Shale
Research, Education, Policy and Economic
Development Center at West Virginia University.
Notwithstanding any other provision of this code to the contrary, the board is authorized to operate the center to further
the purpose set forth in section one of this article, including:
(1) Either the acquisition by purchase, lease, gift or
otherwise, of necessary lands and the construction of necessary
buildings, appropriate industrial operations equipment;
(2) The expansion, remodeling, altering or equipping of
necessary buildings;
(3) The making of contracts with any state, county or
municipal agency or private entity necessary and incidental to the
performance of its powers and duties under this section;
(4) Providing for the equipment, expenses, compensation of
personnel, operation and maintenance of any facility of an agency
or institution used for the purposes of this article; and
(5) Cooperating with other agencies of the state, county and
federal governments.
§18B-11C-5. Rules.
The board may make and adopt rules and standards for the
establishment, operation, cost reimbursement, fees for services,
maintenance and government control of the center established
pursuant to this article, including rules and standards necessary
for cooperation under and compliance with any existing or future
federal statutes pertaining to grants-in-aid and other rules
necessary to effectuate the purpose of this article.
NOTE: The purpose of this bill is to create the Shale
Research, Education, Policy and Economic Development Center at West
Virginia University. The center will foster scientific research and
encourage partnerships between and among West Virginia University,
government, and industry in an effort to develop best practices in
relation to shale resources in West Virginia.
This article is new; therefore, strike-throughs and
underscoring have been omitted.