CHARLESTON — Historic Marcellus shale gas legislation, now a part of the State Code, pleased the vast majority of West Virginia lawmakers, but even those hailing its passage admit some changes might be necessary as the fledgling industry moves forward.

Gov. Earl Ray Tomblin affixed his signature to it late in the week, the final step in a process that actually began three years ago.

“I think we addressed all parts in the bill, in one form or another, probably not as strongly as some would like,” says Sen. Orphy Klempa, D-Ohio, who served on the 10-member select committee appointed after the original Senate measure collapsed on the final day of the session last March.

“At the end of the day, I think we got a good piece of legislation.”

As rapid technology changes occur in the industry, however, Klempa acknowledged the Legislature might be compelled to make changes in the law.

Named to the panel since his district embraces a good deal of horizontal gas drilling, Klempa says one area of concern might be the 625-foot buffer zone separating operations from dwellings occupied by humans and certain farm animals.

“I want to know what the light does to those folks living in the dust and fumes and everything they have to deal with at 625 feet,” he said.

“Some of these sites up here in our neck of the woods are going by the old legislation, which was 250 feet,” Klempa said. “They’re literally sitting in people’s backyards.”

Surface owners wanted a minimum separation of 1,000 feet.

“To have so much debate and interest in a measure this important and not pass any bill would have been irresponsible,” said Delegate Virginia Mahan, D-Summers.

“This legislation is a starting point, which is an imperative. Am I completely satisfied? No. I don’t think anyone is, no matter their viewpoint. But that is typical of the democratic process. I’m sure there will be new proposals coming up right away and more further into the process. Some of them will get a full review, but many will not, simply because laws deserve a test period. It may prove that period cannot go quickly enough for some. But at this time, I am glad we at last have something on the books from which we can build.”

Not only does West Virginia stand to benefit economically, but Mahan said the state could also emerge from the debate as a national leader in the environmental aspects.

“Other states have tried and gotten it wrong,” she said. “It is my hope that we will learn from their mistakes. With the implementation of this law, we now have that opportunity.”

Sen. Mike Green, D-Raleigh, who dealt early on with the Marcellus industry when he chaired the Senate Energy, Industry and Mining Committee, said the bill passed with only five opposing votes — all in the House of Delegates — signals to investors that West Virginia is ready to set up “a reasonable and predictable regulatory framework.”

“In order for large, multi-national companies to come to West Virginia, they have to have confidence that the state wants their investment and is willing to listen,” Green said.

“This legislation increases our chances of landing one of the proposed cracker plants, which will be an astronomical boost to our state. A real game changer.”

Delegate John O’Neal, R-Raleigh, said the measure was vital so industry could know the rules of the game.

“It was perceived by many to be tilted in favor of the gas industry, at the expense of surface owners and environmental protection,” O’Neal observed.

“I am proud to say that after much give and take in the House Judiciary Committee, we passed the bill out of judiciary with significant improvements in environmental protections and surface owners’ rights.”

O’Neal applauded Tomblin’s staff for “an outstanding job” in getting advice from lawmakers on both sides of the aisle and from all the stakeholders.

“The result was a bill that received overwhelming bipartisan support,” he said. “I hope that we see more of this type of cooperation in the upcoming legislative session.”

Marcellus shale legislation was both sound and necessary, Senate Majority Whip Richard Browning, D-Wyoming, said.

“Now, does that mean we are finished?” he asked, then answered.

“I think not, because as we go through time, things will come up that require a change in the law or new technology will emerge that will require changes, or, simply put, things will come up that no one thought about which will have to be inserted into the law.”

Browning said all sides can take comfort in the bill — more protections for surface owners, new rules to guard the environment and provide more inspectors by raising permit fees to $10,000 for the initial well, and $5,000 for subsequent ones, and for the general public, protection of roads and a special website guaranteeing transparency on new drilling proposals.

“For the industry, it provides stability, which is what they have been requesting,” the senator said. “Did all parties get what they wanted by the passage of the bill? No. But it did give everyone something, and, more importantly, it provided us a place to start for future legislation that may or may not be needed.”

Browning predicted an upswing in Marcellus investments, leading to hundreds of construction jobs and a number of long-term manufacturing ones.

One seldom discussed aspect is the mandatory workforce development and training, he pointed out.

“The industry has to report on hiring practices to the Workforce Development Council, and the council in turn has to work with the Department of Education in training programs for future employees in the Marcellus gas industry,” he said.

“This is something I have always advocated — that is, increased vocational training to prepare our students for the jobs of the future.”

Although Tomblin formally made it law this week, he intends to conduct a ceremonial bill signing soon.

“This is a milestone piece of legislation and a significant achievement in our state’s history,” the governor said.

— E-mail: mannix@register-herald.com