SB 15: Strengthening protections for certain natural resource interests affected by carbon capture and underground carbon storage projects - West Virginia

sb15 sfa rose 1-22 adopted.htm → sb15 sfat rose 1-23 adopted.htm · 5 edits

MODERATE

The bill was amended to change its title and focus from general underground carbon dioxide sequestration to specifically protecting coal and oil and gas interests affected by carbon capture projects. The amendment adds requirements for notifying mineral owners about proposed storage facilities and allows them to file objections, which the applicant must address before permit approval.

Scope change

The bill's scope was narrowed to specifically address protections for coal and oil and gas interests rather than general carbon sequestration, and added specific procedural requirements for mineral owner notification and objection handling.

SCOPE

Changed the bill's title and purpose to focus on protecting coal and oil and gas interests affected by carbon capture projects rather than general carbon sequestration.

REQUIREMENT

Added requirement for applicants to provide written notice to pore space owners and mineral owners about proposed carbon storage facilities.

Added ability for mineral owners and pore space owners to file objections regarding facility design based on potential adverse effects to their interests.

Added requirement that applicants must address objections to the department's satisfaction before proceeding with the permit application process.

Removed specific requirements about determining if storage facilities contain commercially valuable minerals and detailed conditions for issuing permits related to mineral interests.

Committee Substitute → sb15 sfa rose 1-22 adopted.htm · 5 edits

MODERATE

The bill was amended to expand protections for commercially valuable minerals (including coal, oil, gas, and oil and gas storage fields) by requiring carbon capture projects to isolate these minerals from carbon dioxide plumes. The amendment clarifies that applicants must provide notice to all pore space owners and mineral owners, establish clearer objection procedures, and add a requirement that adequate notice be provided to non-consenting parties. The changes strengthen safeguards for existing and future mineral development while maintaining the core permitting framework.

Scope change

The bill's scope was expanded to explicitly include oil and gas storage operations and all subsurface horizons above and below the storage facility, ensuring broader protection for commercially valuable minerals beyond just coal and oil and gas estates.

REQUIREMENT

Added requirement that carbon sequestration projects must isolate nearby commercially valuable minerals (including coal, oil, gas, and oil and gas storage operations) from the carbon dioxide plume to prevent adverse effects on existing or future mineral development.

Expanded notice requirements to include all pore space owners and lessees, mineral owners, mineral lessees, and operators of commercially valuable minerals within and contiguous to the storage facility boundaries, including other subsurface horizons above and below the facility.

Added new finding requirement that adequate notice must be provided to pore space owners and lessees who are not the applicant, mineral owners, mineral lessees, or operators of commercially valuable minerals within the proposed facility boundaries and contiguous areas.

Clarified that applicants must address objections from pore space owners, lessees, mineral owners, and operators of commercially valuable minerals to the department's satisfaction before proceeding with the application process.

Changed consent requirement language from 'storage operator' to 'applicant' for obtaining consent from persons who own or lease the storage reservoir's pore space.

Engrossed Committee Substitute → Committee Substitute · 6 edits

MODERATE

The bill was amended from the Engrossed Version to the Committee Substitute version, making several substantive changes to permit requirements for underground carbon dioxide storage. The changes simplify the language and clarify requirements around protecting commercially valuable minerals, particularly coal and oil and gas reserves, while reducing some of the more complex notification and consent procedures.

Scope change

The scope remains focused on underground carbon dioxide sequestration and storage, but the requirements for protecting commercially valuable minerals were streamlined and the notification obligations were narrowed to focus on mineral owners and lessees rather than including pore space owners separately.

REQUIREMENT

Simplified the mineral protection requirements by removing separate subsections for pore space owners and lessees, consolidating protections to focus on mineral owners and lessees of commercially valuable minerals.

Changed the consent requirement from needing consent from all pore space owners to requiring consent from all persons who own the storage reservoir's pore space, simplifying the process.

Removed the separate requirement for compensating nonconsenting pore space owners and lessees, now only requiring compensation for nonconsenting pore space owners.

Removed the requirement to notify pore space owners and lessees separately, now only requiring notice to mineral owners, mineral lessees, and operators of commercially valuable minerals.

Removed the requirement to notify about other subsurface horizons above and below the storage facility, narrowing the scope of required notifications.

TECHNICAL

Changed terminology from 'carbon sequestration or storage facility' to 'carbon sequestration project' throughout the bill for consistency.

Introduced Version → Engrossed Committee Substitute · 6 edits · Jan 23, 2026

MODERATE

This bill was amended to expand its scope from protecting only coal and gas minerals to also protecting oil and gas minerals. The changes add more detailed requirements for permit applications, including expanded notice procedures and additional findings needed before permits can be issued. The bill also clarifies that the protections apply to both carbon sequestration and storage facilities.

Scope change

The bill's scope expanded from protecting coal and gas minerals to also include oil and gas minerals, and now explicitly covers both carbon sequestration and storage facilities rather than just sequestration.

SCOPE

Changed the bill's purpose from protecting coal and gas minerals to protecting coal, oil, and gas minerals from carbon capture practices.

REQUIREMENT

Added new subsections requiring permit applications to indicate whether the area contains commercially valuable minerals and requiring notice to be provided to pore space owners and mineral owners.

Added a new finding requirement that adequate notice must be provided to pore space owners and mineral owners before permits can be issued.

Modified the consent requirement language to clarify that the applicant must obtain written consent from persons owning at least 75 percent of pore space and have begun the process to obtain remaining interests.

Added language to financial responsibility requirements to include both carbon sequestration projects and storage facilities.

Modified reporting requirements to include facility-specific information in addition to project-specific information.

Strengthening protections for certain natural resource interests affected by carbon capture and underground carbon storage projects

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