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§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.

§22-32-1. Legislative Findings and Purpose

(a) The Legislature finds that the State of West Virginia has an interest in assuring that wind generation facilities and solar generation facilities are properly decommissioned and reclaimed once the facility has been permanently closed. (b) The Legislature further finds that the most efficient manner by which to protect the citizens of the State of […]

§22-32-2. Short Title

This article shall be known and cited as The West Virginia Wind and Solar Energy Facility Reclamation Act.

§22-32-3. Definitions

As used in this article, unless the context requires otherwise, the following definitions apply: (a) “Board” means the Environmental Quality Board provided for in 22B-1-7 of this code. (b) “Decommission” or “decommissioning” means: (1) The removal and proper disposal of the solar generation facility and its foundation after the end of the facilitys useful life […]

§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 […]