§22-33-1. Short Title
This article shall be known and cited as the Geothermal Resources Act.
§22-33-2. Legislative Findings; Declaration of Policy
(a) The Legislature finds that: (1) A geothermal resource is a reservoir inside the Earth from which heat can be extracted economically compared to other conventional sources of energy and used for generating electric power or any other suitable industrial, commercial, agricultural, residential, or domestic application in the future;
§22-33-3. Applicability; Exceptions
The provisions of this article shall apply to geothermal resources at temperatures and volumetric flow rates established by the secretary by legislative rule: Provided, That this article shall not apply to geothermal heating and cooling heat pump systems for private residential dwellings and farm buildings and any geothermal system regulated pursuant to section 10 of […]
§22-33-4. Ownership of Geothermal Resources
(a) Ownership of any geothermal resource is vested in the owner of the surface property overlying the geothermal resource unless severance of the geothermal resource is clear and unambiguous in an instrument conveying or reserving ownership of the geothermal resource. (b) No mineral or water estate shall be construed to include any geothermal resource unless […]
§22-33-5. Definitions
As used in this article: (a) “Correlative right” means the right of each geothermal owner in a geothermal system to produce without waste his or her just and equitable share of the geothermal resource in the geothermal system. (b) “Geothermal energy” means the usable energy that is produced or that can be produced from a […]
§22-33-6. Geothermal Resources Permit Required
It is unlawful for any person to commence any work relating to the exploration, development, or production of geothermal resources without first obtaining a well permit from the secretary pursuant to this article.
§22-32-4. Bonding Required
(a) Within 12 months of a wind generation facility or solar generation facility commencing commercial operation, except as provided in subsections (b) and (c) of this section, the owner of a wind generation facility or solar generation facility operating in West Virginia shall: (1) Notify the Department of Environmental Protection (DEP) in writing of the […]
§22-30-23. Promulgation of Rules
The secretary shall promulgate emergency and legislative rules as necessary to implement the provisions of this article in accordance with the provisions of article three, chapter twenty-nine-a of this code.
§22-30-24. Powers and Duties of Secretary
(a) In addition to the powers and duties prescribed in this chapter or otherwise provided by law, the secretary has the exclusive authority to perform all acts necessary to implement this article. (b) The secretary may receive and expend money from the federal government or any other sources to implement this article. (c) The secretary […]
§22-30-25. Waiving Certain Requirements of This Article for Specified Categories of Aboveground Storage Tanks as Designated by the Department by Legislative Rule
The secretary may designate, by rules proposed for legislative approval in accordance with article three, chapter twenty-nine-a of this code, additional categories of aboveground storage tanks for which one or more of the requirements of this article may be waived upon a determination that such categories of aboveground storage tanks either do not represent a […]