2012 Regular Session of the West Virginia Legislature – A Summary

by Spilman Thomas & Battle, PLLC
Contact

[author: Michael J. Basile]

In the 2012 regular session of the West Virginia Legislature, several resolutions were passed with potential future impact on the shale gas industry. Below is a summary of those significant resolutions.

Senate Concurrent Resolution No. 52

This resolution requests the Joint Committee on Government and Finance to study the viability of increasing severance tax rates on shale gas. The idea is to take advantage of current high levels of industry activity and availability of mineral resources to fund future opportunities for West Virginians. The Committee will determine and make recommendations on the possibility of creating a Future Generations Fund with the increase in severance tax revenues, as well as lowering residents’ tax burdens through reducing real property taxes and increasing the Homestead Tax Exemption. The Committee will report back on their findings and recommendations and present draft legislation to the 2013 regular session of the West Virginia Legislature.

House Concurrent Resolution No. 53

The Joint Committee on Government and Finance is requested to authorize a study of the relationship between increases in seismic events and hydrocarbon production and exploration in the State of West Virginia. The Department of Environmental Protection, in conjunction with the Bureau for Public Health, is to ensure completion of a comprehensive study on the following:
  1. A hazard analysis of injection-induced seismic activity, which includes quantitative estimates of the likelihood of future seismic events in regions where Marcellus well drilling and waste injection occurs;
  2. A risk analysis to determine possible damage to human life, environmental stability and building structures related to injection-induced seismic activity, as well as all monetary costs resulting from such damages; and
  3. Any other considerations that the Department of Environmental Protection and the Bureau for Public health believe important.
The Committee will bring findings, conclusions, any recommendations, and any necessary legislation to the regular session of legislature in 2013.

House Concurrent Resolution No. 106

Like SCR 52 above, this House resolution requests the Joint Committee on Government and Finance to study how to best use the additional severance tax collections attributed to the production of natural gas from shale in West Virginia to plan for the future when production of shale gas begins to decline. Unlike the Senate resolution, this one does not address creation of a specific fund or any other changes to the tax code. The Committee is requested to report back on the first day of regular session in 2013.

House Concurrent Resolution No. 148

As a means of addressing concerns about the large amounts of water involved in the hydraulic fracturing process, this resolution also requests the Joint Committee on Government and Finance to authorize a study. In this case, the study would research the feasibility of encouraging utilization of “green” liquefied gas fracturing processes as an alternative to water-based extraction technologies.

Senate Resolution No. 12

Senate Resolution No. 12 aims to encourage Marcellus Shale industry corporations to offer West Virginia workers honest opportunities to find good employment and be good corporate neighbors. The resolution asks that these corporations endorse a set of “Marcellus Principles,” and sign, date and submit to the West Virginia Oil and Natural Gas Association and the Independent Oil and Gas Association.

The principles are as follows:
  1. To employ workers from the community to fill all industry jobs, including those in drilling, construction and maintenance;
  2. To be responsible stewards of the land where natural gas is extracted, processed and delivered;
  3. To maintain open lines of communications with stakeholders in order to ensure the safety and security of communities in which the industry is operating or developing operations; and
  4. To respect and apply these principles with integrity and transparency.

For more information, please contact:

 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Spilman Thomas & Battle, PLLC | Attorney Advertising

Written by:

Spilman Thomas & Battle, PLLC
Contact
more
less

Spilman Thomas & Battle, PLLC on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):
hide

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.

Security

JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.