House Panel Revises Marcellus Drilling Bill
Charleston Gazette
9 March 2011
By Alison Knezevich
CHARLESTON, W.Va. -- Marcellus Shale drillers would have to place
horizontal wells 1,000 feet from West Virginians' homes and water
wells, under legislation endorsed by a House of Delegates committee
Wednesday. Current law allows drillers to place wells within 200 feet
of people's homes and water wells. Advocates for surface owners say
that has led to major disruption for homeowners.
Members of the House Judiciary Committee replaced a number of
provisions in Senate-passed legislation (SB424) to regulate natural gas
drilling. The bill now heads to the House Finance Committee, which is
scheduled to take it up this morning.
"We're really pleased," said Julie Archer, lobbyist for the West
Virginia Surface Owners' Rights Organization. "We're just hoping that
the Senate will agree to accepting the House changes."
The House and Senate would have to work out an agreement between the
two versions of the bill by Saturday, when the legislative session ends.
Dave McMahon of the surface owners group said he was disappointed with
what he called "a delay tactic" on the House floor Wednesday evening.
After endorsing the bill Wednesday morning, the House Judiciary
Committee had recommended that it go straight to the floor.
Delegate Sam Cann, D-Harrison, objected to that, and the bill will now
go to the House Finance Committee. Corky DeMarco, executive director of
the West Virginia Oil and Natural Gas Association, did not return
messages seeking comment on the House Judiciary Committee's changes to
the bill.
Among other things, the legislation would make drillers say what
chemicals they use in the hydro-fracturing process, commonly known as
"fracking." A previous version of the proposal would have
required drillers to also disclose the quantities of those chemicals,
but the industry complained that rule would make them reveal trade
secrets. "That's okay, as long as they really reveal what they're
putting in there," McMahon said.
House Judiciary Committee members also made changes they said would
smooth out tensions between natural gas operators and the coal industry
about giving notice to coal mine operators when drilling will occur
near mines.
Also, committee members added provisions to make drill operators notify
surface owners within 30 days of surveying their land for proposed
access roads on drill sites and new well work. This would apply to both
horizontal and vertical wells. Drillers would have to offer to meet
with the surface owner to explain their plans.
The committee also amended the bill to change the way the state hires
gas well inspectors. That is currently handled by the state Oil and Gas
Inspectors' Examining Board. Under the committee's changes, the state
Environmental Protection would hire inspectors using the same process
it does for other types of inspectors. Environmentalists and surface
owners say the current system for hiring well inspectors favors the
industry.