SB 627: Removing prohibition against leasing state-owned pore spaces underlying lands designated as state parks - West Virginia

sb627 hfa vance 4-3 _1 adopted.htm → sb627 hfat anderson 4-4 adopted.htm · 3 edits

MINOR

The bill underwent a procedural change where the title was amended to include a more detailed description of the bill's purpose, while the original amendment language from Delegate Vance was removed. This revision clarifies the bill's intent to allow leasing of state-owned pore spaces under state parks and related lands, with specific restrictions on well pad locations and fund usage.

Scope change

The bill's scope was clarified through a revised title that explicitly lists the lands covered (state parks, forests, natural and scenic areas, wildlife management areas) and specifies the two hundred-foot setback requirement for well pads near state park boundaries.

SCOPE

The bill title was expanded to include a comprehensive description of the legislation's purpose, including the prohibition on disturbing state park surfaces, requirements for using lease proceeds exclusively where leased pore spaces are located, and setback requirements for well pads near state park boundaries.

REQUIREMENT

Delegate Vance's amendment language was removed, which previously proposed changes to the language regarding where lease proceeds should be used for improvements and maintenance.

New requirements were added to the bill title specifying that the center of any well pad leased for pore space underlying state parks cannot be located within two hundred feet of a state park boundary, with a potential waiver provision for the Secretary of the Department of Commerce.

sb627 h epw am _1 adopted.htm → sb627 hfa vance 4-3 _1 adopted.htm · 1 edit

MINOR

The bill amendment changes how lease proceeds from state pore space development are used, redirecting funds from a general 'purposes of this chapter' to specific improvements and maintenance of state forests, parks, and other natural lands where the leased pore space is located. This change ensures that revenue directly benefits the specific public lands affected by carbon sequestration activities rather than being used for broader chapter purposes.

Scope change

The scope of fund usage was narrowed from general chapter purposes to specific land-based improvements and maintenance

FISCAL

Changed the use of lease proceeds from general chapter purposes to specific improvements and maintenance of state forests, parks, natural and scenic areas, wildlife management areas, and other lands under the director's jurisdiction where the leased pore space is located

Committee Substitute → sb627 h epw am _1 adopted.htm · 3 edits

MINOR

The bill was amended to add a new subsection (c) that restricts where well pads for state park pore space leasing can be located, requiring them to be at least 200 feet from park boundaries. This addition allows for potential waivers based on impacts like viewshed, noise, and public enjoyment, balancing carbon sequestration goals with state park preservation. The amendment also includes procedural metadata indicating the Energy and Public Works Committee's adoption of these changes.

Scope change

The bill's scope was expanded to include specific location restrictions for well pads near state parks, adding a new layer of protection for state park property while maintaining the ability to lease pore spaces.

REQUIREMENT

Added a new subsection (c) requiring well pad centers to be at least 200 feet from state park boundaries, with possible waivers based on impact assessments.

ENFORCEMENT

Established a waiver process where the Secretary of Commerce, in consultation with the Director of Natural Resources, can approve exceptions to the 200-foot distance requirement.

TECHNICAL

Added committee metadata and procedural text indicating the Energy and Public Works Committee's adoption of the amendment.

Enrolled Committee Substitute → Committee Substitute · 4 edits

MODERATE

The bill was reformatted from an official enrolled version to a committee substitute draft, with significant substantive changes to the leasing provisions. The most important change is that the original version allowed leasing pore spaces underlying state parks, while the new version explicitly prohibits leasing pore spaces under state parks and removes the 200-foot setback requirement for well pads near state park boundaries. The new version also changes how lease proceeds are used, removing specific restrictions on where funds can be spent.

Scope change

The bill's scope was narrowed by adding a prohibition on leasing pore spaces underlying state parks, which was previously allowed in the enrolled version. The applicability of the 200-foot setback requirement was also removed for state parks.

ELIGIBILITY

Removed the ability to lease pore spaces underlying lands designated as state parks, which was previously permitted in the enrolled version.

REQUIREMENT

Removed the 200-foot setback requirement for well pads near state park boundaries and the associated waiver process.

FISCAL

Changed the use of lease proceeds from being restricted to improvements and maintenance in specific areas to being used for general purposes of the chapter.

TECHNICAL

Reformatted the document from an official enrolled version to a committee substitute draft with updated metadata and navigation elements.

Introduced Version → Enrolled Committee Substitute · 4 edits · Apr 24, 2025

MODERATE

The bill was amended to remove the prohibition on leasing state-owned pore spaces under state parks, add a new requirement that drilling cannot disturb the surface of state park property, and establish a 200-foot setback rule for well pads near state park boundaries with a waiver process. These changes expand leasing opportunities while adding specific protections for state park areas.

Scope change

The bill now explicitly includes state parks in the list of lands eligible for pore space leasing, whereas the original version only prohibited leasing under state parks. The scope of the bill was expanded to include new surface protection requirements and setback distances.

SCOPE

Removed the prohibition against leasing pore spaces underlying state parks, allowing the director to lease these areas for underground carbon sequestration.

REQUIREMENT

Added a requirement that the director may not permit disturbance of the surface of state park property for any drilling or injection activity.

Added a new subsection requiring the center of any well pad leased for pore space under state parks to be at least 200 feet from a state park boundary, with a waiver process for the Secretary of Commerce in consultation with the Director of Natural Resources.

FISCAL

Modified the use of lease proceeds to require that funds be used exclusively for improvements and maintenance in the specific areas where the leased pore space is located, rather than being credited generally to the division.

Removing prohibition against leasing state-owned pore spaces underlying lands designated as state parks

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