Introduced Version
House Bill 2065 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2065
(By Delegate Manypenny)
[Introduced February 13, 2013; referred to the
Committee on the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §22-6-25a; and to
amend said code by adding thereto a new section, designated
§22-6A-12a, all relating to ground water contamination and
spills associated with the stimulation of wells using the
fracking process; disclosure to public, private water sources
and public service districts; nonsealing of court records; and
rulemaking.
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 §22-6-25a, and by
amending said code by adding thereto a new section, designated
§22-6A-12a, all to read as follows:
ARTICLE 6. OFFICE OF OIL AND GAS; OIL AND GAS WELLS;
ADMINISTRATION; ENFORCEMENT.
§22-6-25a.
Groundwater contamination and spills; disclosure;
nonsealing of court records; and rulemaking.
_____(a) Owners and operators shall disclose all groundwater
contamination and spills associated with the fracking process to
the public, to affected or potentially affected private water
sources and to the relevant public service district within two
hours of the spill and immediately after knowledge of contamination
becomes known.
_____(b) A court record shall not be sealed, in whole or in part,
in court or administrative proceedings involving groundwater
contamination and spills.
_____(c) The secretary shall propose rules for legislative approval
in accordance with the provisions of article three, chapter
twenty-nine-a of this code for purposes of implementing subsection
(a) of this section.
ARTICLE 6A. NATURAL GAS HORIZONTAL WELL CONTROL ACT.
§22-6A-12a. Groundwater contamination and spills; disclosure;
nonsealing of court records; and rulemaking.
_____(a) Owners and operators shall disclose all groundwater
contamination and spills associated with the fracking process to
the public, to affected or potentially affected private water
sources and to the relevant public service district within two
hours of the spill or immediately after knowledge of contamination becomes known.
_____(b) A court record shall not be sealed, in whole or in part,
in court or administrative proceedings involving groundwater
contamination and spills.
_____(c) The secretary shall propose rules for legislative approval
in accordance with the provisions of article three, chapter
twenty-nine-a of this code for purposes of implementing subsection
(a) of this section.
NOTE: The purpose of §22-6-25a and §22-6A-12a is to provide
for disclosure of groundwater contamination and spills associated
with the stimulation of wells using the fracking process and for
the nonsealing of court records involving same.
§22-6-25a and §22-6A-12a
are new; therefore, they have been
completely underscored.