ENROLLED
Senate Bill No. 72
(By Senators Brackenrich and Wiedebusch)
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[Passed April 10, 1993; to take effect July 1, 1993.]
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AN ACT to amend and reenact section four, article eight, chapter
twenty-two of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to continuation of
the oil and gas conservation commission; changing
compensation of members; and removing authority of
commission to fix salary of oil and gas conservation
commissioner.
Be it enacted by the Legislature of West Virginia:
That section four, article eight, chapter twenty-two of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 8. OIL AND GAS CONSERVATION.
§22-8-4. Oil and gas conservation commissioner and commission;
commission membership; qualifications of members; terms of
members; vacancies on commission; meetings; compensation and
expenses; appointment and qualifications of commissioner;
general powers and duties.
(a) There is hereby continued as provided for in subsection
(h) of this section, the "West Virginia Oil and Gas Conservation
Commission" which shall be composed of five members. The
director of the division of environmental protection and the
director for the office of oil and gas shall be members of the
commission ex officio. The remaining three members of the
commission shall be appointed by the governor, by and with the
advice and consent of the Senate. Of the three members appointed
by the governor, one shall be an independent producer and at
least one shall be a public member not engaged in full-time
employment in an activity under the jurisdiction of the public
service commission or the federal energy regulatory commission.
As soon as practical after appointment of the members of the
commission, the governor shall call a meeting of the commission
to be convened at the state capitol for the purpose of organizing
and electing a chairman.
(b) The members of the commission appointed by the governor
shall be appointed for overlapping terms of six years each,
except that the original appointments shall be for terms of two,
four and six years, respectively. Each member appointed by the
governor shall serve until his successor has been appointed and
qualified. Members may be appointed by the governor to serve any
number of terms. The members of the commission appointed by the
governor, before performing any duty hereunder, shall take and
subscribe to the oath required by section five, article IV of the
constitution of West Virginia. Vacancies in the membershipappointed by the governor shall be filled by appointment by him
for the unexpired term of the member whose office shall be vacant
and such appointment shall be made by the governor within sixty
days of the occurrence of such vacancy. Any member appointed by
the governor may be removed by the governor in case of
incompetency, neglect of duty, gross immorality or malfeasance in
office.
(c) The commission shall meet at such times and places as
shall be designated by the chairman. The chairman may call a
meeting of the commission at any time, and he shall call a
meeting of the commission upon the written request of two members
or upon the written request of the oil and gas conservation
commissioner. Notification of each meeting shall be given in
writing to each member by the chairman at least five days in
advance of the meeting. Any three members, one of which may be
the chairman, shall constitute a quorum for the transaction of
any business as herein provided for. A majority of the
commission shall be required to determine any issue brought
before it.
(d) The board shall pay each member the same compensation as
is paid to members of the Legislature for their interim duties as
recommended by the citizens legislative compensation commission
and authorized by law for each day or portion thereof engaged in
the discharge of official duties and shall reimburse each member
for actual and necessary expenses incurred in the discharge of
official duties.
(e) The commission shall appoint the oil and gas
conservation commissioner and advise him regarding his duties and
authority under this article and consult with him prior to his
reaching any final decisions and entering orders hereunder.
However, the commissioner has full and final authority under this
article with the commission serving in an advisory capacity to
him. The commissioner shall possess a degree from an accredited
college or university in petroleum engineering or geology and
must be a registered professional engineer with particular
knowledge and experience in the oil and gas industry.
(f) The oil and gas commissioner is hereby empowered and it
shall be his duty to execute and carry out, administer and
enforce the provisions of this article in the manner provided
herein. Subject to the provisions of section three of this
article, the commissioner shall have jurisdiction and authority
over all persons and property necessary therefor. The
commissioner is authorized to make such investigation of records
and facilities as he deems proper. In the event of a conflict
between the duty to prevent waste and the duty to protect
correlative rights, the commissioner's duty to prevent waste
shall be paramount. He shall serve as secretary of the oil and
gas conservation commission.
(g) Without limiting his general authority, the commissioner
shall have specific authority to:
(1) Regulate the spacing of deep wells;
(2) Make and enforce reasonable rules and regulations andorders reasonably necessary to prevent waste, protect correlative
rights, govern the practice and procedure before the commissioner
and otherwise administer the provisions of this article;
(3) Issue subpoenas for the attendance of witnesses and
subpoenas duces tecum for the production of any books, records,
maps, charts, diagrams and other pertinent documents, and
administer oaths and affirmations to such witnesses, whenever, in
the judgment of the commissioner, it is necessary to do so for
the effective discharge of his duties under the provisions of
this article; and
(4) Serve as technical advisor regarding oil and gas to the
Legislature, its members and committees, to the director for the
office of oil and gas, to the division of environmental
protection and to any other agency of state government having
responsibility related to the oil and gas industry.
(h) After having conducted a preliminary performance audit
through its joint committee on government operations, pursuant to
section nine, article ten, chapter four of this code, the
Legislature hereby finds and declares that the oil and gas
conservation commission should be continued and reestablished.
Accordingly, notwithstanding the provisions of section four of
said article, the oil and gas conservation commission shall
continue to exist until the first day of July, one thousand nine
hundred ninety-seven.