The Register-Herald, Beckley, West Virginia

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June 16, 2011

Marcellus compromise in the works

By Mannix Porterfield Register-Herald Reporter

CHARLESTON — Moving with a sense of urgency, House and Senate leaders agreed Wednesday to name a special, 10-member task force to prepare acceptable Marcellus shale legislation in time for a special session this summer.

By the end of the week, Speaker Rick Thompson, D-Wayne, and acting Senate President Jeffrey Kessler, D-Marshall, plan to choose five members apiece from their respective chambers.

Acting Gov. Earl Ray Tomblin met with both men shortly before the Joint Committee on Government and Finance approved the task force and afterward said he is willing to put the stalled Marcellus proposal on his agenda, if a consensus develops.

“We’re hoping to be able to get the two sides together to talk about the rules and regulations of Marcellus drilling,” Tomblin said.

“I’m hoping they can come to some sort of agreement in the next few weeks here.”

Tomblin plans to huddle with Thompson and Kessler again in July to gauge the task force’s progress.

“If they’re close enough where we feel we can get in, get the bill passed and get out, then I’ll consider putting it on at that time,” the governor said.

Lawmakers failed to agree last winter on regulatory legislation for a promising venture in drilling of the gas, which Kessler views as a major player in West Virginia’s economic future.

“It is, absolutely,” he said, emphasizing the group needs to zero in on two leading components.

“One is to have a regulatory framework that protects the environment and people that live in our communities, but also for the purpose of having some regulatory certainty or predictability for the folks that you’re trying to attract to do business and expand businesses and build businesses in this state.”

Thompson said he wants to see the issue resolved soon.

“I think it would be very good if we could finish it this summer,” the speaker said.

“I’ve always said it would be better to do it in special session where the focus could be more on that particular issue as opposed to a number of issues in a general session.”

Thompson said the first step is to name the task force and to get his members to confer with the chairs of his judiciary and finance committees, since both dealt with the Marcellus shale proposal in the 2011 regular session.

“We left it wide open,” Thompson said when asked if the panel’s scope would be limited.

“The consensus was to have a full, open study resolution by this committee.”

Kessler agreed that every aspect needs to be considered.

 “Everything is on the table,” the Senate leader said.

“It’s a very broad framework that will probably encompass many of the issues that were discussed in both the Department of Environmental Protection bill last year as well as the Senate bill that came out of the judiciary.”

While the focus appears to be regulatory, Kessler said other dimensions likely will be covered.

“There are some peripheral issues that are important as well, that are financial,” he said.

Kessler said some fracking plants are “on the verge” of cranking up at one locale or another.

“So, if there’s an additional legislation that we could enact to help land one, I suspect that will be brought to our attention as well,” he said.

It is imperative that lawmakers draw up the rules, Kessler said. Otherwise, it will be difficult to find investors willing to risk facing surprise regulation once an industry has started up.

“If you’re going to be asking someone to come in and put up a billion-dollar investment, they need to know what the rules are going to be,” Kessler said.

“Right now, they’re very vague, non-existent, or were never formulated in an expectation or anticipation of the type of industry that is now existing.”

Kessler said lawmakers must produce a bill that not only assures economic development but guards the public’s right to safe drinking water and protects landowners from potential abuse.

“All those issues and topics are on the table,” he added.

— E-mail: mannix@register-herald.com

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