The Register-Herald, Beckley, West Virginia

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November 24, 2011

Lawmakers may see session on Marcellus shale

By Mannix Porterfield Register-Herald Reporter

CHARLESTON — It’s beginning to look a lot like a special session on Marcellus shale.

If that’s the case, lawmakers might be dividing their customary Christmas shopping time next month with the need to enact regulatory legislation to govern what many are hailing as a major economic boon for West Virginia.

Nothing is set in stone yet, but the next round of interims is set to begin Dec. 12, and there is growing talk of sandwiching that three-day gathering around a session to consider a Marcellus shale bill sent out last week by a select committee.

Gov. Earl Ray Tomblin hasn’t committed himself to a session, but the Democratic leadership in the Legislature is squarely on board to deal with the matter now, rather than wait until the 60-day session opens in January.

“I look forward to discussing with the Senate president and the governor the details of the draft legislation and a special session,” House Speaker Rick Thompson, D-Wayne, said Wednesday.

Senate President Jeffrey Kessler, D-Marshal, likewise is on record in favor of a December session, cautioning that delaying Marcellus shale until a month later might mean the issue becomes the dominant one in 2012.

Only last week, as November interims ended, a select committee appointed by Thompson and Kessler completed its work by sending out a proposed bill with a recommendation that it be approved.

An aide to Tomblin said the proposal is being reviewed, but no decision has been reached with regard to a special session, which the governor has said he would call, provided there is consensus.

“We’re seeing what, if any, concerns we have and are talking with leadership,” the governor’s spokesperson said.

“He hasn’t given himself a deadline. He is working with leadership right now. He’s looking at aspects of the proposed legislation to see what can be agreed upon and what changes may be needed.”

Marcellus shale dominated this year’s interims work, and Kessler has voiced concern that putting the matter off until January could produce the same unwanted result — a single issue gobbling up much of the time and energy of the Legislature.

The bill shipped out by the select committee raises permit fees to $10,000 for the initial well on a pod, and $5,000 for all subsequent ones, imposes a 625-foot buffer zone between a rig and an occupied dwelling, and attempts to safeguard water supplies by extending the authority of the Department of Environmental Protection.

When approved, the bill was criticized by environmental and industrial forces alike.

“I commend committee members for all their hard work in developing legislation to address such a complex issue,” Thompson said.

“I have long said that the Legislature needs to develop a regulatory framework for the relationship between oil and gas extractors and surface and mineral rights owners that protects the environment and ensures proper labor practices.”

— E-mail: mannix@register-herald.com

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