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

SB 15 Text

skip navigation

SENATE

PRESIDENT

SENATORS

COMMITTEES

VIDEO/AUDIO

DISTRICT MAPS

SENATE CLERK

SENATE RULES

HOUSE

SPEAKER

DELEGATES

COMMITTEES

VIDEO/AUDIO

DISTRICT MAPS

HOUSE CLERK

HOUSE RULES

HOUSE STAFF

JOINT

INTERIM COMMITTEES

LEGISLATIVE ADMINISTRATOR

LEGISLATIVE SERVICES DIVISION

PUBLIC INFORMATION

LEGISLATIVE AUTOMATED SYSTEMS DIVISION

LEGISLATIVE AUDITOR'S OFFICE

PERFORMANCE EVALUATION & RESEARCH DIVISION

POST AUDIT DIVISION

BUDGET DIVISION

REGULATORY AND FISCAL AFFAIRS DIVISION

CLAIMS COMMISSION

CRIME VICTIMS

RULE-MAKING REVIEW

SPECIAL INVESTIGATIONS

JUDICIAL COMP. COMMISSION

JOINT RULES

STAFF INFO

BILL STATUS

BILL STATUS

BILL TRACKING

STATE LAW

WEST VIRGINIA CODE

ACTS OF THE LEGISLATURE

CODE OF 1931

WV CONSTITUTION

US CONSTITUTION

REPORTS

AGENCY REPORTS

AGENCY GRANT AWARDS

PERFORMANCE EVALUATIONS

POST AUDITS

EDUCATIONAL

CITIZEN’S GUIDE

INTERNSHIP PROGRAM

PAGE PROGRAM

PUBLICATIONS

PHOTO GALLERY

CAPITOL HISTORY

HOW A BILL BECOMES LAW

CONTACT

SENATE ROSTER

HOUSE ROSTER

PUBLIC INFO.

NEWS RELEASES

HELPFUL LINKS

Engrossed Version

Senate Bill 15 History

OTHER VERSIONS
-

Committee Substitute (1)

|

Introduced Version

|

|
Email

Key:
Green
= existing Code.
Red
= new code to be enacted

WEST virginia legislature
2026 regular session
Engrossed
Committee Substitute
for
Senate Bill 15
By Senators Rose and Phillips
[Reported January 20, 2026, from the Committee on Energy, Industry, and Mining]

A BILL to amend and reenact §22-11B-4 of the Code of West Virginia, 1931, as amended, relating to protecting coal and oil and gas minerals from carbon capture practices.
Be it enacted by the Legislature of West Virginia:

article 11B. underground carbon dioxide sequestration and storage.

§22-11B-4. Permit application requirements and contents; application fee; required findings; and rulemaking.

(a) Every permit application filed under this article shall be on a form as may be prescribed by the secretary, shall be verified, and shall contain all information specified by legislative rule.
(b) Upon filing an application for a permit, an applicant shall:
(1) Pay a fee in an amount set by the secretary. The amount of the fee shall be set by rule and shall be based on the secretary’s anticipated cost of processing applications for permits, orders, or determinations under this article. The fee shall be deposited in the Carbon Dioxide Storage Facility Administrative Fund;
and
(2) Pay to the secretary the costs the secretary incurs in publishing notices of applications and notices for hearings on applications submitted under this article.
(c) Before a permit application may be approved, the secretary shall
determine whether the proposed storage facility contains commercially valuable minerals and, if it does, a permit may be issued only if the secretary is satisfied that the interests of the mineral owners or mineral lessees will not be adversely affected or have been addressed in an written agreement entered into by the mineral owners, mineral lessees, and the storage operator

require that the applicant design a carbon sequestration or storage facility to isolate the nearby commercially valuable mineral, including the coal or oil and gas estate and oil and gas storage operations, from the facility’s carbon dioxide plume and to ensure existing or future development or storage of such commercially valuable mineral will not be adversely affected.
(1) The carbon sequestration or storage facility permit application shall indicate whether the area within the proposed boundaries of the storage facility and the contiguous area to the proposed boundaries of the storage facility, including the other subsurface horizons above and below the storage facility, contains any commercially valuable mineral, including any coal or oil and gas estate or oil and gas storage field. If it does, a permit may be issued only if the department is satisfied that the interests of the mineral owners, mineral lessees, and storage operators of the commercially valuable mineral estate will not be adversely affected.
(2) The application shall include evidence that the applicant has provided notice of the proposed carbon sequestration or storage facility to the other pore space owners and pore space lessees within the storage facility, and to the mineral owners, mineral lessees, and operators of any commercially valuable mineral, including storage operators of any oil and gas, within any strata within the storage facility’s proposed boundaries and contiguous to the boundaries of the storage facility. The notice shall be in writing, include information regarding the application, boundaries, and storage horizons for the facility, and include a copy of the notice of the hearing.
(3) The pore space owners and lessees, if not the applicant, mineral owners, mineral lessees, and operators of a commercially valuable mineral, including storage operators of any oil and gas, may submit an objection to the department regarding the design of a carbon sequestration or storage facility based on the potential adverse effect to the commercially valuable mineral. The applicant shall address the objection to the department’s satisfaction before proceeding with the application process.
(d)
No permit shall

A permit may not
be issued under this article unless the secretary finds
that
:
(1)
That
The application and the proposed operations comply with all requirements established by the secretary, including any applicable underground injection rules, and with all applicable provisions of state and federal law;
(2)
That
The storage facility is suitable and feasible for carbon dioxide injection and sequestration;
(3)
That the storage operator
The
applicant
has made a good-faith effort to obtain the consent of all persons who own
or lease
the storage reservoir’s pore space
and
(4) That The storage operator
has obtained the written consent of persons who own at least 75 percent of the storage reservoir’s pore space
;
(4) The applicant has attempted in good faith

and have at least begun the process
to obtain the remaining
nonconsenting
interests through the commission;
(5)
That
The proposed storage facility will not adversely affect surface waters or formations containing fresh water;
(6)
That
The storage facility will not unduly endanger human health or the environment;
(7)
That
Adequate horizontal and vertical boundaries of the storage reservoir are defined, including buffer areas, to ensure that the storage facility is operated safely and prudently;
(8)
That
The storage operator will establish monitoring facilities and protocols to assess the location and migration of carbon dioxide injected for storage and to ensure compliance with all permit, statutory, and administrative requirements;
(9)
That
All nonconsenting pore space owners
and lessees
are or will be justly and reasonably compensated in accordance with the rules and procedures set forth in or promulgated under this article by the secretary and the commission;
and
(10)
That
The storage facility is in the public interest;
and
(11) Adequate notice has been provided to the pore space owners and lessees, if not the applicant, mineral owners, mineral lessees, and operators of any commercially valuable mineral, including storage operators of any oil and gas, within the proposed boundaries of the storage facility and the contiguous area to the proposed boundaries of the storage facility, including the other subsurface horizons above and below the storage facility
.
(e) To the extent not inconsistent with state and federal regulations, the secretary shall render a decision on a permit application within one year after submission of a complete application.
(f) The secretary shall propose rules for legislative approval, pursuant to the provisions of §29A-3-1
et seq
. of this code, detailing additional requirements for inclusion in a permit application, such as:
(1) Site characterization requirements;
(2) Injection well construction requirements for materials that are compatible with and can withstand contact with carbon dioxide over the life of a carbon dioxide sequestration
project

facility;
(3) Well operation requirements;
(4) Comprehensive monitoring requirements that address all aspects of well integrity, carbon dioxide injection and storage, as well as air and ground water quality during the injection operation and the post-injection site care period;
(5) Financial responsibility requirements assuring the availability of funds for the life of a carbon dioxide sequestration
project

or storage facility,
including post-injection site care and emergency response; and
(6) Reporting and recordkeeping requirements that provide
project-specific

facility-specific
information to continually evaluate the site operations and confirm environmental protection.

Bill Status
|

Bill Tracking
|

Legacy WV Code
|

Bulletin Board
|

District Maps
|

Senate Roster
|

House Roster
|

Live
|

Blog
|

Jobs
|

Links
|

Home

This Web site is maintained by the
West Virginia Legislature's Office of Reference & Information.
|
Terms of Use
|

Webmaster
| © 2026 West Virginia Legislature **

Print On Demand

Name:

Email:

Phone: