CCS Working Group

Overview

​​During its regular 2009 session, the West Virginia Legislature passed Governor Manchin's carbon dioxide sequestration bill.  This puts West Virginia on the cutting edge of studying with an eye toward regulating the geological sequestration of carbon dioxide.  The bill created a new Article 11A within Chapter 22 of the West Virginia Code, Section 6 of which establishes the Carbon Dioxide Sequestration Working Group. The purposes of the Working Group are to "study issues pertaining to carbon dioxide sequestration including . . . scientific, technical, legal and regulatory issues, and issues regarding ownership and other rights and interest in subsurface space [pore space] that can be used as storage space for carbon dioxide and other associated constituents," and to "develop a long-term strategy for the regulation of carbon dioxide sequestration in West Virginia."  W. Va. Code § 22-11A-6(d)-(e).  In addition, the Working Group "may conduct or initiate studies, scientific or other investigations, research, experiments and demonstrations" in cooperation with State colleges and universities and with public and private agencies.  W. Va. Code § 22-11A-6(f).

By July 1, 2010, the Working Group must prepare and issue a preliminary report to the Legislature.  A final report is due on July 1, 2011, which will, among other things, (1) recommend methods to encourage development of sequestration technologies; (2) evaluate the economic and environmental feasibility of large, long-term sequestration operations; (3) propose legislation to clarify issues regarding pore space ownership; (4) recommend methods to facilitate widespread use of sequestration technology throughout the state; (5) identify geologic sequestration monitoring sites capable of assessing the short- and long-term effects of carbon dioxide sequestration; (6) assess the feasibility of geologic sequestration within the state, noting characteristics of areas where carbon dioxide may be sequestered; (7) discuss the costs, benefits, risks, and rewards of large-scale sequestration projects throughout the state; (8) estimate the state's potential carbon dioxide sequestration capacity; (9) suggest areas of research to better understand and quantify the processes of sequestration; and (10) outline the group's long-term strategy for the regulation of carbon dioxide sequestration.  See W. Va. Code § 22-11A-6(g)-(h).