| On Wednesday, November 16, 2011, a special joint committee of members of the House of Delegates and members of the Senate, co-chaired by Delegate Tim Manchin, D-Marion, and Senator Doug Facemyer, D-Braxton, passed a bill out of committee to the entire Legislature recommending regulations for the Marcellus Shale industry to follow. The bill and its amendments are an excellent start to ensuring that natural gas drilling in West Virginia is done responsibly. Among the bill and its amendments, the following issues are addressed:
A: Increasing well permit fees to increase the number of inspectors and taking the burden off the taxpayers
B: Increasing the minimum distance from a gas well to a dwelling from 200 to 625 feet
C: Increasing the individual and public notice requirement through websites notification and other means.
D: Providing for public comment periods and in limited circumstances public hearing
E: Increasing setback distances from public water intakes and trout producing streams
F: Providing a rebuttable presumption and water supply replacement in the event of contaminated water wells
G: Increasing pre-drilling water testing
H: Requiring independent reviews of DEP efficiency
I: Tightening requirements for reclamation
J: Tightening requirements on disposal on drilling waste
K: Increasing bonding
L: Requiring studies of the need to regulate noise, air, and light pollution
While some people on the industry side feel that the bill has gone too far and others on the environmental side feel the bill doesn't go far enough, this proposed bill is an excellent start to ensure responsible drilling in West Virginia.
However, now that the committee has passed a bill, Governor Tomblin and his staff have begun to issue statements about their concerns with the bill--many concerns that are the same as the industry's concerns. Many people don't realize that Governor Tomblin's emergency executive order for regulations were written by industry lobbyists. Moreover, the industry has not been very cooperative in assisting the committee in drafting meaningful regulations, because the industry would prefer not to be regulated.
Insert Delegate Tim Manchin. On Monday, November 14, 2011, Delegate Manchin testified in front of a field hearing of the United State Senate Committee on Energy and Natural Resources. In his testimony, Delegate Manchin indicated the need for the regulations and discussed the hesitancy by the industry for any meaningful regulations--the same hesitancy that is now being shown by Governor Tomblin's administration. In his testimony, Delegate Manchin stated:
The industry needs to treat West Virginians and our beautiful hills with the same respect and courtesy they would show for a long term business partner. The industry needs to sit down and negotiate a good deal for both sides. While some members of the industry have done so many have not.
By Wednesday, I expect the proposed bill will be voted out of our joint committee and the challenge will then pass to the entire Legislature. We will have the opportunity to prove to the United State Congress and to the rest of the country that we have the political will and fortitude to protect our landowners and our environment while still providing a balanced common sense regulatory system in which the Marcellus industry can flourish. Thereby providing our nation with a viable alternative to oil and an opportunity to break our dependence on foreign oil and the disastrous consequences it inflicts upon our economy.
For now, We are optimistic of the bill's chance for passage however if the industry uses its vast arsenal of lobbyists and other means to delay or defeat a meaningful bill, you won't have to come back here because I will be coming to Washington to ask for your intervention to protect our citizens and our beloved West Virginia hills.
If West Virginia and its citizens are going to be able to have meaningful regulations in the near future, it is imperative that the Governor call a Special Session of the legislature to deal with this issue. If not, there runs a very real risk that the bill will become buried in the general session of the legislature and no bill will be passed--leaving the state in a very vulnerable position.
Kudos to Delegate Manchin and his committee for passing a balanced bill and for standing up to an industry in West Virginia. Its good to know that there are legislators in this state who aren't afraid to do the right thing. I guess some people have learned what happens when an industry is allowed to rule for a long time--i.e., coal.
Marcellus Shale offers the state a tremendous opportunity. But left unchecked and unregulated, the Marcellus Industry will become in the 21st Century what Coal was to West Virginia in the 20th Century.
Urge your local delegates and senators to call for a special session to deal with this issue! |
