H. B. 4066

         (By Delegate Manypenny)

         [Introduced January 13, 2012; referred to the

         Committee on the Judiciary.]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22-6-25a; and to amend said code by adding thereto a new section, designated §22-6A-12a, all relating to ground water contamination and spills associated with the stimulation of wells using the fracking process; disclosure to public, private water sources and public service districts; nonsealing of court records; and rulemaking.

Be it enacted by the Legislature of West Virginia:

    That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §22-6-25a, and by amending said code by adding thereto a new section, designated §22-6A-12a, all to read as follows:

ARTICLE 6. OFFICE OF OIL AND GAS; OIL AND GAS WELLS;

              ADMINISTRATION; ENFORCEMENT.

§22-6-25a. Groundwater contamination and spills; disclosure; nonsealing of court records; and rulemaking.

    (a) Owners and operators shall disclose all groundwater contamination and spills associated with the fracking process to the public, to affected or potentially affected private water sources and to the relevant public service district within two hours of the spill and immediately after knowledge of contamination becomes known.

    (b) In court or administrative proceedings involving groundwater contamination and spills, the court record shall not be sealed, in whole or in part.

    © The secretary shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code for purposes of implementing subsection (a) of this section.

ARTICLE 6A. NATURAL GAS HORIZONTAL WELL CONTROL ACT.

§22-6A-12a. Groundwater contamination and spills; disclosure; nonsealing of court records; and rulemaking.

    (a) Owners and operators shall disclose all groundwater contamination and spills associated with the fracking process to the public, to affected or potentially affected private water sources and to the relevant public service district within two hours of the spill or immediately after knowledge of contamination becomes known.

    (b) In court or administrative proceedings involving groundwater contamination and spills, the court record shall not be sealed, in whole or in part.

    © The secretary shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code for purposes of implementing subsection (a) of this section.

    NOTE: The purpose of §22-6-25a and §22-6A-12a is to provide for disclosure of groundwater contamination and spills associated with the stimulation of wells using the fracking process and for the nonsealing of court records involving same.

    §22-6-25a and §22-6A-12a are new; therefore, they have been completely underscored.