Committee agrees to substitute protecting mineral interests from carbon sequestration projects

The committee agreed to a committee substitute for Senate Bill 899 and voted to report it to the full Senate with a recommendation that it pass.

Counsel explained the substitute would require carbon sequestration permit applicants to design projects to isolate commercially valuable minerals — including coal and oil-and-gas estates — from a carbon dioxide plume. The application must state whether the project area contains commercially valuable minerals and include evidence that the storage operator notified mineral owners and operators. The substitute allows mineral owners, lessees and operators to submit objections to the Department of Environmental Protection (DEP), and the storage operator must address those objections to the department’s satisfaction before the permit proceeds.

John Bain, director of government affairs for EQT Corporation, testified in support after being sworn. “When West Virginia passed the carbon capture legislation several years ago ... minerals really weren't protected in an aggressive manner,” Bain said. He told the committee that producers in neighboring Pennsylvania had raised concerns about existing language and that the substitute “is not so much focused on carbon capture. In my opinion, it's an oil, gas, coal bill that will protect from potential carbon capture issues.”

The committee agreed to the committee substitute by voice vote and the vice chair moved that the substitute be reported to the full Senate with the recommendation that it pass; the motion was adopted.

No detailed roll-call vote was recorded in the transcript; the substitute was agreed to by voice vote.