By Steven Allen Adams | West Virginia Watchdog

CHARLESTON — Lawmakers kicked of their special session today to create permanent regulations governing drilling of natural gas in the West Virginia’s Marcellus Shale region.

Gov. Earl Ray Tomblin issued a proclamation Saturday calling the Legislature into special session, which started today at 5 p.m. The House of Delegates and the state Senate have similar bills, though the Senate is expected to pass their version first.

The Governor’s bill mirrors a draft bill passed by the Joint Select Committee on Marcellus Shale last month. The Governor’s bill would create permanent Marcellus Shale drilling regulations. Marcellus Shale, which stretches from New York to Tennessee, holds pockets of natural gas.

Drilling companies use a combination of horizontal drilling and hydraulic fracturing – using a mixture of water, sand, and chemicals – to break natural gas out of the shale formations. Environmentalists and property owners have been demanding permanent legislation before allowing drilling in West Virginia.

The Governor’s bill requires drilling companies obtain an agreement with the West Virginia Division of Highways to maintain and repair roads affected by drilling. The legislation creates standards protecting the state’s water resources including private wells, streams, and wetland areas. The bill will give additional rights to surface owners where the drilling is expected to occur. It also includes well location restrictions, including the setback from occupied dwellings of 625 feet, as recommended by the Legislature.

The Governor’s bill differs in small ways from the joint committee’s bill. However, the bill presented to the Legislature today gives more power to the Department of Environmental Protection to create regulations for well casing. The Legislature’s version included strict standards for the casing, which protect the groundwater from the drilling hole. The Governor’s bill is also less strict on making companies report how many out-of-state workers they employ. Instead, it allows the executive branch to conduct an economic study which includes questions on out-of-state workers.

Both chambers adjourned quickly, and most of the first actions will be done by the Senate. The Senate Judiciary Committee will meet tomorrow at 9 a.m. and the full Senate will meet at 11 a.m. The House adjourned until 4 p.m. tomorrow, and will host a public hearing on the Marcellus Shale bill at 4:30 p.m. in the House chamber.

State Sen. Corey Palumbo (D-Kanawha) is chairman of the Senate Judiciary Committee, and he was also a member of the Joint Select Committee on Marcellus Shale. Palumbo said he still needs to review the Governor’s legislation.

“I haven’t had an opportunity to take a close look at the all the changes the Governor has made to our bill,” Palumbo said. “I’m familiar with some of the general  things he wanted to do, but I imagine tonight I’ll have a better opportunity to dig into the details of it and we’ll take it up tomorrow morning.”

Click here to listen to Sen. Palumbo.

Senate Majority Leader John Unger (D-Berkeley) said he wasn’t sure if the bill would be amended or not. But he said the bill would go through the Senate’s two largest committees, Judiciary and Finance, and would have plenty of time for public comment and input.

“I don’t know what amendments will be offered, but I’d say that’s definitely in the realm of possibility,” Unger said. “We’re going to expedite it so we’re not here longer than we should, but also we don’t want to run it through too quickly where people can’s early examine the piece of legislation. But it’s certainly open to amendments and any member has a right t offer up an amendment on this piece of legislation.”

Click here to listen to Majority Leader Unger.

However, Senate Minority Leader Mike Hall (R-Putnam) wasn’t so sure the bill could be amended. He said the language in the bill was so tight and specific that amending it could be troublesome. Hall said Senate Republicans would meet in caucus to educate themselves on the bill.

“Actually, the call is tightly written, so I’m not sure there will be many amendment allowed. This might be an up-or-down thing,” Hall said. “(We’ll) try to address in our minds some of the concerns the people may have around the state concerning the effect on their property…but at the same time try to balance responsibly this new industry and hopefully strike a balance where it’s properly regulated, but not over-regulated. I think that’s the goal.”

Click here to listen to Minority Leader Hall.

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• UPDATE: West Virginia Legislature meets for Marcellus special session Sunday (westvirginia.watchdog.org)