Julie Archer julie@wvcag.org 6/16/2011 10:07 AM >>>
FYI...
Don Strimbeck's Daily Update included this article from the Dominion Post...
*Marcellus committee OK'd *
/Bicameral group to study drilling rules, regulation /
*/BY DAVID BEARD The Dominion Post /*
CHARLESTON --- Marcellus regulation took a major step forward Wednesday afternoon, and if you had sneezed, you would have missed it. In the opening moments of the Joint Committee on Government and Finance meeting --- after the gaveling and the order for a silent roll --- acting Senate President Jeff Kessler moved to authorize a select committee to study Marcellus regulation. The motion passed without fanfare or discussion, and the panel --- the two chamber leaders, and political party and major committee heads --- moved on with its regular business. It took little more than 15 seconds. The audience was still settling down and the motion was hard to hear. But that little blip opens the door to a special session to pass Marcellus regulations. Kessler, Speaker Rick Thompson and acting Gov. Earl Ray Tomblin met Wednesday morning and agreed to create the committee. It will consist of five members each from the House and Senate. Thompson and Kessler said they hadn't yet appointed members. But they're confident the two chambers can reach an agreement --- each had passed a bill during the regular 2011 session but couldn't reach a compromise --- and bring it to Tomblin so he can call a special session. No one knows for sure when that will be. If there's an agreement in time, Kessler speculated, perhaps August --- the time also considered for a redistricting special session. Thompson said, "I think it would be very good if we could finish it this summer." He said a special session --- without the distractions of nearly 1,900 other bills --- is the best way to take it up. The failed mega-bills, in their various incarnations, took on environmental issues, surface owner rights, inspectors, permits and fees, fracking fluid, water withdrawals and discharges, forced pooling, road maintenance and more. Since then, following the permitting of two wells in the Morgantown Industrial Park, other issues have arisen --- including well locations near water supplies and the rights of cities to ban drilling and fracking. Thompson and Kessler said the select committee --- working with the Department of Environmental Protection (DEP), the governor's office and various stakeholders --- has no limits on its discussions. Kessler used the term "pretty broad" while Thompson chose "wide open." "It's crucial to have a regulatory framework that protects the environment," provides regulatory certainty for the business community and protects surface and mineral owner rights, he said. While Tomblin previously said the DEP is already equipped to regulate the industry by making rules, DEP Secretary Randy Huffman said the agency is not, in fact, prepared to handle it. And Kessler opposes the idea on principle. "We can't just wait on bureaucratic administrative agencies to set the policy. That has to be done by the Legislature," he said. Thompson doesn't expect major progress by the July interims --- July 11-13 --- but that the committee and other parties could coordinate and "get some movement" during the interims. Asked about the governor's goals for the committee, Tomblin spokeswoman Jacqueline Proctor said he prefers to leave it in the hands of the committee, although he's happy to work with members as they see fit. The timeline to ready a bill or bills and bring them to him for a special session call is also up to the committee, she said. She speculated unofficially that August may be a little soon to get it all together. Asked if letters and resolutions from the public and public bodies --- including Morgantown, Monongalia County and the WVU Faculty Senate --- and proposed drilling bans helped spark Wednesday's actions, Proctor said Tomblin has had the discussion on his agenda for a while. But he's paying attention to what's going on, she said. "He's keeping everything on his radar as much as possible."
Julie Archer WV Citizen Action Group 1500 Dixie Street Charleston, WV 25311 (304) 346-5891 (304) 346-8981 FAX www.wvcag.org
On 6/15/2011 9:55 PM, dsgjr@aol.com wrote:
After lobbying hard for a special session on Marcellus regulation for two days, and hearing only very negative replies that it wasn't going to happen, there was a sudden turn of events on Wednesday. Wednesday afternoon, before they left town, the Joint Committee on Government and Finance voted to form a Select Committee to prepare for a special session on Marcellus drilling regulation. The committee will consist of five Senate members and five House members, who will be appointed by the Speaker and the acting Senate President. Julie Archer and I were attending another Interim Committee meeting when this occurred, so we don't have any more details at this time. I will do some nosing around on Thursday to see if I can learn more. Don Garvin WVEC Legislative Coordinator