This article originally provided by WV Metro News

March 8, 2007

Drilling notice passes House with a roar

By Tom Searls
Staff writer

With a roar from Delegate Danny Wells still ringing in their ears Wednesday, 96 delegates voted for legislation that would require public notice prior to drilling for gas or oil in state forests.

“While Kanawha State Forest is wild and wonderful, it is also open for business,” Wells, D-Kanawha, said on the floor of the House of Delegates.

The legislation (SB460) came up this legislative session after a firm drilling for gas in Kanawha State Forest, just outside Charleston, cut down a 60-yard-wide swath of trees for about a mile. Kanawha County residents, who frequently use the 9,205-acre forest for recreation, were outraged.

The bill requires the firms, which own the mineral rights under five of the nine state forests, to give 45 days’ notice before drilling and five days’ notice when conducting routine maintenance. It also allows them to enter for emergency work.

“It does not require a public hearing. That was one of the compromises, so to speak,” explained House Judiciary Chairwoman Carrie Webster, D-Kanawha.

Wells stood up after she explained the bill and invited his colleagues to visit the forest. “It’s a lovely place,” he said.

He then let out a loud noise, telling laughing delegates it was the sound of a bulldozer in the forest coming toward a person.

A number of delegates let out similar calls while voting 96-2 for the bill, with all the Kanawha County delegation in favor.

“Have all the members voted or mooed?” asked House Speaker Rick Thompson, D-Wayne.

The bill must go back to the Senate for approval.

Delegates approved seven pieces of legislation as they worked toward the end of the 60-day legislative session at midnight Saturday.

They held a spirited debate over a bill (SB335) that would require a $20 fee on the transfer of real property or on the purchase of a mobile or modular home to go to the West Virginia Affordable Housing Trust Fund.

Lawmakers founded the nonprofit program, which works with such groups as Habitat for Humanity, in 2001.

Webster noted the group has raised $1.5 million and the fee would raise another $1.1 million, which the group believes will be matched by private funding. “At this time they need our help,” she said.

“This bill is not about whether you support the West Virginia Affordable Housing Trust Fund,” said Delegate Daryl Cowles, R-Morgan.

It could cause private donations to the group to dry up and will drain more money from residents of his county, sending it to other areas of the state, he said.

Delegate Walter Duke, R-Berkeley, agreed, pointing out he regularly donates to Habitat for Humanity, both financially and physically.

“It’s not a tax,” said House Finance Chairman Harry Keith White, D-Mingo. “But I guess in some people’s eyes a fee is a tax.”

Passed on a 63-34 vote, the bill goes to Gov. Joe Manchin for consideration.

There will be no more tax breaks for synthetic fuel from coal industry after June 30 if the Senate agrees.

Delegates passed legislation (SB588) ending that tax break 97-0 and sent it back to the Senate to concur.

The House also passed:

  • A bill dissolving the Underground Storage Tank Insurance Fund, urging the state Department of Environmental Protection to find funding to replace old tanks, some that leak, still underground around the state. The bill (SB490) passed 98-0 and was sent to the Senate to concur in an amendment.
  • Legislation (SB573) creating a program to monitor doctors, podiatrists and physician assistants who are recovering substance abusers. It passed 97-1 and goes back to the Senate to concur.
  • A bill (SB615) allowing municipalities that have electric power plants to purchase electricity from third parties. It passed 97-0 and was sent to the Senate to concur in an amendment.
  • Legislation (SB708) modifying registration requirements for charity groups. It passed 98-0 and was sent to Manchin for consideration.

    To contact staff writer Tom Searls, use e-mail or call 348-5198.