ERT substitutes Bad Bill for Select Committee Bill

copy of the final bill (0.00 / 0)

http://www.legis.state.wv.us/B...  

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by: JBdem4usa @ Sat Dec 17, 2011 at 00:47:09 AM UTC

Mannypenny comments are released (4.00 / 1)

Delegate Mike Manypenny, D-Taylor, said Tomblin's bill was "cooked up" behind closed doors.

"This sacrifices our land, our water and our air for a few bucks from out-of-state multinational companies," Manypenny said during a speech on the House floor.

Manypenny was one of two Democrats to vote against the bill.

"We didn't come down here to do the governor's work. We came down here to do the people's work," Manypenny said. "We're here to represent the people of West Virginia, not the governor of West Virginia."

All told, environmentalists pointed to only a few items that Tomblin removed or scaled back from the draft bill.

Some environmentalists have called for a complete ban on fracking, but that had little to no mainstream support among lawmakers.

Legislators did strengthen Tomblin's bill slightly. For instance, Tomblin removed language explicitly making it a crime to violate the new rules; legislators put the penalties back in.

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by: JBdem4usa @ Sat Dec 17, 2011 at 00:48:38 AM UTC

more comments about the behind-the-scene activities (4.00 / 1)

Tomblin Chief of Staff Rob Alsop and general counsel Kurt Dettinger drafted Tomblin's bill, attended nearly every legislative meeting this week and hashed out compromises in the Capitol hallways between lawmakers and industry lobbyists.

Alsop said Tomblin or his staff had "multiple four-hour meetings" last week with House leadership, including Thompson, House Judiciary Chairman Tim Miley, Delegate Tim Manchin and House Majority Leader Brent Boggs. There were also meetings with Senate leaders, including a meeting in Wheeling with Kessler and Sen. Doug Facemire, D-Braxton.

Manchin and Facemire co-chaired the joint committee together.

Alsop said the office met with interest groups, including the two gas lobbying groups, environmentalists and the Farm Bureau, which is concerned about property rights.

Alsop said the office consulted Ann Bradley, an environmental lawyer at Spilman Thomas and Battle who represents business interests, for "technical" advice.

Manchin said the industry had more meetings and influence with the Governor's Office than other groups.

"It's probably fair to say they were checking with environmentalists and surface owners a little less than they were with industry," he said.

Manchin was displeased with Tomblin's bill but ended up voting for it.

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by: JBdem4usa @ Sat Dec 17, 2011 at 00:50:22 AM UTC

Bill summary of ammendments and provisions (0.00 / 0)

Highlights of what is in the new law:

Permit fees will be raised to $10,000 per first well and $5,000 per well drilled from the same pad.
WV DEP oil and gas supervisors will have a minimum salary of $40,000 per year, and inspectors a minimum salary of $35,000 per year.
The WV DEP will have authority to make adjustments to changing technologies in the process of drilling and casing a well.
Management of road issues caused by the heavy machinery and traffic generated by drilling activity to the Division of Highways, and drillers will need to clear a plan with the DOH before drilling can begin.
Surface owners will have 30 days (up from 15) to file comments on new drilling permits.
Surface owners must receive 72 hours notice before a survey is conducted on their property.
Surface owners must receive seven days' notice before drilling is to begin on their property.
Surface owners must be compensated for lost crops and timber and damage to water supplies and personal property.
Permit applications from drillers will require more information, including the depth they plan to drill, the rock formations they want to drill, how they will case the well, a soil and erosion plan, a safety plan and more.
Certain minimum distances from a drilled well and other structures: 250 feet of existing water wells; 625 feet of another well and certain agricultural structures; 100 feet of any perennial stream, water body or wetland; 300 feet of a naturally producing trout stream or 1,000 feet of a public surface water or groundwater intake.
Drillers must provide a water management for each operation, and they must also disclose all chemicals used in fracking fluids.
Drill cuttings and leftover solids must go to a landfill unless the DEP approves on-site management.
Operators with pits or impoundments that hold more than 210,000 gallons of water will be regulated by the DEP.
Once drilling is complete, operators have six months to reclaim the drilling site for a single pad.
Drillers must obtain a $50,000 performance bond, or if there are multiple wells in an operation, a $250,000 bond to cover all of them.*
None of the parties who are involved in the debate over gas drilling are particularly happy with the new law. The West Virginia Surface Owners Rights Organization takes issue with a number of provisions

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by: JBdem4usa @ Sat Dec 17, 2011 at 01:08:39 AM UTC