By Steven Allen Adams | West Virginia Watchdog

CHARLESTON — After nearly six hours of discussion and nearly 20 amendments, the House Judiciary Committee passed out a Marcellus Shale bill.

The bill, a combination of bills proposed by the Joint Select Committee on Marcellus Shale, Gov. Earl Ray Tomblin, and the state Senate, creates permanent drilling regulations in the state’s Marcellus Shale region.

“It’s like most bills that we pass here; you get some of what you want and you don’t get some of what you want,” said Del. Tim Miley (D-Harrison), chairman of the House Judiciary Committee. “It may not have gone as far as some people wanted, but we still have greater protections for our surface owners, greater regulation of the industry while creating stability for the industry to thrive in this state.”

Much of the lengthy discussion was taken over by Del. Barbara Fleischauer (D-Monongalia), a member of the Joint Marcellus Shale Committee, who quizzed the Judiciary Committee’s general counsel and Department of Environmental Protection Secretary Randy Huffman for nearly two hours, going practically line by line through the bill.

Of the 19 amendments offered, eight passed, three were withdrawn, and nine failed. The bulk of the amendments offered by Fleischauer and Del. Mike Manypenny (D-Taylor) failed.

One amendment, by Fleischauer, requires written public comments to be placed on the proposed DEP website where drilling permits would be posted. An amendment by Del. Woody Ireland (R-Ritchie) would give surface owners a say on whether pit liners or drill cutting are buried on their property. Another Ireland amendment would require the DEP to study what the proper distance between well pads and homes should be.

An amendment by Del. Meshea Poore (D-Kanawha) would add questions to the economic impact study, asking operators how many minorities, veterans, and other groups they’ve hired. An amendment by Del. Manypenny gives authority to the DEP to create emergency rules for drilling in the Karst region of the state.

Other amendments passed, including adding certain misdemeanor criminal penalties for dumping frack fluid, and job training opportunities for minorities.

The committee leaders spoke out against many of the bills based on objections by the Governor’s office and what they felt the Senate would agree to.

“It’s not necessarily what we want, but what can pass,” Miley said. “We can’t leave here without a bill. Having a bill is better than having no bill.”

The bill went to the House floor, where it was read a second time. The House will meet at 10 a.m. tomorrow to pass the bill and send it to the Senate.

“I’m very positive about a really good result on this and being finished up by tomorrow,” said House Majority Leader Brent Boggs (D-Braxton). “I’m cautiously optimistic.”

Related articles

• West Virginia Senate passes Marcellus Shale bill (audio) (westvirginia.watchdog.org)
• West Virginia Marcellus Shale bill has busy day at the Legislature (video) (westvirginia.watchdog.org)
• West Virginia’s Marcellus Shale special session begins (audio) (westvirginia.watchdog.org)