KRS § 349.005 — KY Code / Title XXVIII / Chapter 349 / Section 349.005
349.005 Legislative findings, purpose, and public policy
Status: in_force

349.005 Legislative findings, purpose, and public policy.

(1) The General Assembly hereby declares:

(a) The venting of coalbed methane and degasification of coal seams is approved

by the Commonwealth for the purpose of ensuring the safe recovery of coal;

(b) The positive economic impact of coal mining to the Commonwealth is

currently greater than that of coalbed methane production;

(c) Coalbed methane is not found in conventional gas reservoirs;

(d) Any development of coalbed methane should be undertaken in a way to

protect and preserve the environment and protect and preserve the coal for

future safe mining and the maximum recovery of coal;

(e) Commercial recovery and marketing of coalbed methane should be facilitated

whenever appropriate to meet the energy needs of both the Commonwealth

and the United States;

(f) The extraction of methane from mineable coal enhances mine safety,

promotes environmental goals and objectives, and conserves an important

energy resource; and

(g) The Energy Policy Act of 1992 was enacted, in part, to encourage coalbed

methane development and the Commonwealth should enact legislation to

carry out the purpose of that act.

(2) Therefore, in order to encourage and ensure the fullest practical safe recovery of

both coal and coalbed methane, consistent with the above declarations and findings,

this chapter is established to:

(a) Authorize coalbed methane well permits;

(b) Regulate the design of coalbed methane wells and recovery techniques;

(c) Authorize coalbed methane well drilling units and pooling interests therein;

(d) Establish field rules; and

(e) Provide a process to enable coalbed methane well operators and coalbed

methane owners to proceed with the orderly development and production of

coalbed methane pending the judicial resolution of issues relating to coalbed

methane ownership.

(3) Notwithstanding subsections (1) and (2) of this section, the General Assembly

expressly finds that establishing an orderly process to permit and produce coalbed

methane shall in no way be construed to create an inference or presumption as to the

ownership of coalbed methane in any judicial or administrative proceeding, or be

construed to or be used or interpreted to apply to any well otherwise permitted,

approved, or regulated under KRS Chapter 353, except for any wells that are to be

permitted, converted to, or operated as coalbed methane wells.

(4) It is hereby declared to be the public policy of this Commonwealth and in the public

interest to:

(a) Safeguard, preserve, and protect coal seams for safe mining; facilitate the

expeditious, safe evacuation of coalbed methane from the coalbeds of this

state; and maintain the ability and right of coal operators at all times to vent

coalbed methane from mine areas for the safe recovery of coal;

(b) Foster, encourage, and promote the commercial development of the

Commonwealth's coalbed methane by establishing procedures for issuing

permits and forming drilling units for coalbed methane wells without

adversely affecting the safety of mining or the mineability of coal seams;

(c) Safeguard, protect, and enforce the correlative rights of coalbed methane

operators and coalbed methane owners in a pool of coalbed methane so that

each operator and owner may obtain his or her just and equitable share of

production from coalbed methane;

(d) Create a state permitting procedure and authority to provide for and facilitate

coalbed methane development as encouraged by the Energy Policy Act of

1992; and

(e) Seek the deletion of the Commonwealth of Kentucky from the list of affected

states by the Secretary of the United States Department of Interior as provided

for in the Energy Policy Act of 1992.