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Legislative Update on Bills of Interest

Senate Bill 355 -- Water Use Legislation Introduced

The legislation makes several changes to the West Virginia Water Resources Management Act (WVWRMA).  A summary of the draft bill, prepared by the West Virginia Chamber of Commerce, is below.  The bill is double referenced, first to the Senate’s Natural Resources  Committee http://www.legis.state.wv.us/committees/senate/SenateCommittee.cfm?Chart=nr and then to the Judiciary Committeehttp://www.legis.state.wv.us/committees/senate/SenateCommittee.cfm?Chart=jud We expect a companion bill to be introduced in the House as well.  The provisions of SB 355 are also included in SB 373.

  • Redefines a large quantity user (LQU) as being any person who previously had withdrawn over seven hundred fifty thousand gallons of water in a calendar month from the state’s waters….to now include those who withdraw over three hundred thousand gallons of water in any thirty-day period.
  • Expands the definition of Commercial wells to include wells drilled to support horizontal well operations.  This amendment was offered by Delegate Hamilton (Upshur Co.) and was not included in the original draft explained by Counsel.
  • Removes the 10% variance exclusion for LQU.
  • Adopts the plan submitted by WVDEP
  • Requires usage/withdrawal reports to be submitted on an annual basis.
  • Requires agencies who provide funding for the United States Geological Survey’s (USGS)  stream gaging network to continue to do so, but report to the USGS and the commission should they no longer be able to provide such funding.  The bill then allows for the possible identification of alternate funding resources.
  • Requires a drilling contractor on the well completion forms for community water systems, non-community non-transient water systems, transient water systems, commercial wells industrial or test wells to report the “depth to groundwater” on the well report which is in addition to the well GPS location that is now required.
  • Requires the WVDEP to submit its report and recommendation to the commission on an annual basis.

Senate Bill 373--Regulation of Above-Ground Storage Tanks by WV DEP

In response to the recent chemical spill in Kanawha County, SB 373 was introducedon Thursday, which incorporated the contents of SB 355 (described above) and added six new sections to the WVWRMA relating to the regulation of above-ground storage tanks by the West Virginia Department of Environmental Protection.  Copies of the bill are available at the Association office.

 

Senate Bill 305 --Reforestation

The West Virginia Senate’s Natural Resources Committee http://www.legis.state.wv.us/committees/senate/SenateCommittee.cfm?Chart=nr considered Senate Bill (SB) 305 relating to the use of trees in reclaiming mining operations.  The bill would mandate the West Virginia Department of Environmental Protection to require mine operators / contractors to use seedlings/trees supplied by the West Virginia State Tree Nursery in the reclamation of active mining operations (subject to regulation under the W.Va. Surface Coal Mining & Reclamation Act) and sites subject to the Abandoned Mine Lands program.  The bill requires use of seedlings/trees supplied by the state nursery unless it provides written certification that it cannot supply the trees at a competitive cost.

The Association has opposed the bill in past Legislative sessions and did so on Wednesday in the Natural Resource Committee meeting.  After substantial discussion, the bill was laid over and NOT acted on by the Committee.  We will continue our efforts to educate the members of the Committee on the complications presented by the legislation and will advise the membership if the bill is reconsidered by the Legislature.