West Virginia Senate Bill SB627

West Virginia 2025 Regular Session

• Introduced: 2/28/25
• Refer: 2/28/25
• Engrossed: 3/10/25
• Refer: 3/11/25
• Enrolled: 4/9/25
• Passed: 4/24/25

Caption

Removing prohibition against leasing state-owned pore spaces underlying lands designated as state parks

Summary

SB 627 amends West Virginia law governing pore space leases on state-owned lands. The bill removes the prior prohibition on leasing pore space underlying lands designated as state parks, while continuing to allow pore space leasing on other state-controlled lands such as state forests, natural and scenic areas, wildlife management areas, and similar properties. It also authorizes the director to directly award a pore space lease, with written approval from the Secretary of the Department of Commerce, when the lease is certified as necessary for an economic development project and provides market value or greater royalty. The bill adds a specific protection for state parks by prohibiting any disturbance of the surface of state park property for drilling or injection activity. It also requires that proceeds from leases of state-owned pore space be used exclusively where the leased pore space is located, tying the revenue to the affected area. For pore space leases under state parks, the center of any well pad may not be within 200 feet of a state park boundary unless the Secretary of the Department of Commerce, in consultation with the Director of the Division of Natural Resources, waives that setback after considering viewshed, noise, and other impacts on public use and enjoyment.

Impact

The bill amends §20-1-22 of the West Virginia Code, changing how the state may lease subsurface pore space beneath certain public lands. It expands the state’s leasing authority to include pore space under state parks, subject to new surface-protection and setback rules, and preserves leasing authority for other DNR-controlled lands. It also creates a location-specific revenue requirement, directing lease proceeds back to the area where the pore space is situated, and gives the Department of Commerce a role in approving direct awards and waiving park-adjacent setback requirements.

Sentiment

The bill appears to have received generally favorable support in both chambers, passing the Senate 27-3, the House 73-24, and then the Senate again 25-5 on concurrence with House amendments. The vote margins suggest broad bipartisan acceptance, though not unanimous support. The absence of committee transcript material limits insight into detailed debate, but the recorded votes indicate the bill was viewed as acceptable by most members while still drawing some opposition.

Contention

The main points of contention likely centered on allowing pore space leasing beneath state parks at all, balancing economic development and energy-related uses against conservation and public access concerns. The 200-foot setback and the waiver authority for the Secretary of the Department of Commerce, in consultation with the Division of Natural Resources, suggest concern about viewshed, noise, and park enjoyment, while also preserving flexibility for projects deemed important. Another likely issue is the direct-award authority for leases tied to economic development projects, which may raise questions about transparency, market value, and the appropriate use of public lands and revenues.