This bill aims to amend the Code of West Virginia to enhance the protection of coal and gas minerals from carbon capture practices. It establishes new requirements for the design of carbon sequestration projects, specifically mandating that these projects must isolate any existing or future production from commercially valuable minerals, including coal and oil and gas estates, from the carbon dioxide plume. The bill also requires that permit applications indicate whether the proposed storage facility contains such minerals and ensures that the interests of mineral owners and lessees are not adversely affected.

Key changes include the deletion of the previous requirement for the secretary to determine the presence of commercially valuable minerals before issuing a permit, replaced by a requirement for the storage operator to design the project to protect these minerals. Additionally, the bill stipulates that mineral owners, lessees, and operators must be notified of the application and have the right to object to the project design based on potential adverse effects. The bill outlines various conditions that must be met before a permit can be issued, including compliance with environmental regulations and ensuring public safety.

Statutes affected:
Introduced Version: 22-11B-4