Business, Government Legal News from throughout WVHouse Judiciary Committee Advances Marcellus Bill

House Judiciary Committee Advances Marcellus Bill

A bill regulating the booming Marcellus shale gas play passed the House Judiciary Committee Tuesday night.

The bill advanced with only minor changes, including recommendation for a new study establishing criteria for setback distances. The amendment, offered by Del. Woody Ireland, R-Ritchie, charges the Department of Environmental Protection with measuring setback, not by distance by actual effect on property owners.

"My intention here is to set limits on those things that are truly important to people," Ireland said. "Whether a well is a thousand feet away or 25 feet away doesn't really make much difference if the noise levels are too high or volatile chemical levels are too high. Those are the things that really affect people's lives."

Ireland's amendment would seek to "get away from" what he called arbitrary distances and instead looking at scientific measures of exposure to noise pollution, air pollution, chemical exposure and light pollution. The amendment, he said, could mean setback distances that may be further or closer than current standards depending on the various situations.

Ireland also passed an amendment that would give surface owners more say in the burial of pit waste on their own property. Prior to Ireland's amendment, pit waste burial onsite was at the discretion of the DEP Secretary.

Del. Mike Manypenny also managed to pass an amendment that changed language from "may" to "shall" in regard to the DEP proposing special regulations for karst formation drilling.

The bill as it stands now, originated in the Joint Select Committee on Marcellus shale, was altered by the Governor's office, amended by the Senate Finance and Judiciary and now amended by the House Judiciary.

The bill is expected to continue passage through the legislature this week.

Del. Tim Miley, D-Harrison, said the bill is a balance of the elements lawmakers and interest groups have wanted.

"You get some of what you want, you don't get some of what you want," Miley said. "You just compromise given the competing interests that are involved with something like this."

Though there have been much compromise made in the generation of the bill, Miley said he is confident the bill will pass in the coming days.

"Part of why you always want to know where interested parties stand whether it be industry, that's interested, surface owners, or environmentalists, or the governor's office or the Senate, is because you want to know if what you pass is going to pass muster with the Senate," Miley said. "It's not really necessarily what we want. It's what can pass."

Miley said not all amendments passed were agreeable with the Senate, but the governor's office is comfortable with the amendments. "It is up to them to go sell it to the Senate," Miley said.

"Having a bill is better than not having any bill," Miley added.

Despite criticisms that the bill largely gives concessions to the industry, Corky DeMarco of the West Virginia Oil and Natural Gas Association said he was disappointed the bill includes increases in permit fees and "ambiguous setback" language.

 "We gave, and gave and gave and we didn't get anything," DeMarco said. "There's still some things that will make it easier for us to do business in the state of West Virginia."

Despite what he said were problems with the bill, DeMarco said the industry was generally behind the bill.

"We're not what we would call happy, but the potential for this thing is so great, we won't stand in the way of that progress by opposing this legislation as long as it doesn't get any more arduous than it is right now," DeMarco said.

Numerous amendments to offer additional environmental

Majority leader Brent Boggs said he is not expecting any turbulent changes to the legislation when it is opened up for amendment on the floor Wednesday. He said he is positive lawmakers will finish up Wednesday.

"I'm cautiously optimistic," he said.

Boggs said there may be any number of amendments offered, but he feels good the current bill is solid enough for passage.