The Register-Herald, Beckley, West Virginia

Today's Front Page

March 12, 2011

Marcellus shale bills delayed

Groups calling for regulation of Marcellus shale drilling are likely pleased legislation handing out a tax break to the industry will be delayed in the House one more day.

Two bills, one incentivizing the industry and calling for more jobs for West Virginians, and another that puts restrictions on the industry, will now both be presented for third reading during the Saturday session. Many have spoken against passing an incentives bill without passing any regulation.

Delegate Mike Manypenny, D-Taylor, said he was confident that lawmakers were aware of the importance of the legislation, and he felt the regulations bill had a good chance of passage. The bill, which originated in the Senate and was substantially modified by the House judiciary, is expected to face amendments during the Saturday session.

Saturday is the last day of the regular legislative session.

“I am going to try to defend any part of the bill that anybody tries to oppose or strike out,” Manypenny said after a press conference scheduled by those in support of strong regulation. “The water provisions, the studies, the surface owners’ rights issues, I mean, I think every part we put into this bill is important. If I have to, I will get up and fight on every amendment that opposes or strikes anything out.”

Manypenny said there are some things missing, but he believes the bill is as good as it can get without entering a special session.

“With all of the problems we had early in the session with the Senate getting off to a slow start, I guess we should have started taking this bill up the first day. It was several weeks in before we got started. I think we were probably mistaken.”

Manypenny said he does not know what sort of amendments may be proposed by lawmakers Saturday. If the bill passes a conference committee of the Senate and House, the conferees will have to reconcile the discrepancies between the two versions of the bill.

“I think we’re just addressing it as it comes. If anybody does anything negative to try to stop the bill and is effective in doing so, they are going down in history in West Virginia and in their district, and it’s going to impact them later on. I can’t imagine them getting re-elected.”

Manypenny said people are up in arms and will not stand for a bill that doesn’t adequately regulate the industry.

The amended bill provides for more rights for surface owners, more environmental regulation and includes other aspects originally a part of the House bill. During a House Finance Committee meeting Thursday, an industry representative said the bill would slow the permitting process and cause significant harm to the drilling businesses in the state.

The House will reconvene at 11 a.m. Saturday to take up both Marcellus bills on third reading.

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