What State Sen. Joe Minard did is appalling and a total abuse of his position of public trust. This week's WVEC legislative update has the story:
By Donald S. Garvin, Jr.
WVEC Legislative Coordinator
Week 4 - Dirty Pool
In Week 1's issue of our Legislative Update we reported to you that DEP's proposed changes to the Oil and Gas Well Rule (35CSR4) passed out of the Joint Legislative Rule-Making Review Committee "with no changes to the proposed rule."
We also mentioned that industry lobbyists were out in force, but no amendments were offered.
Well, late last week I discovered how wrong we were.
What actually happened was that we got "snookered" (to use a more polite term for what I am really feeling).
Here's what happened:
While the Rule-Making Review Committee was considering other rules, the Senate Chairman of the committee, Joe Minard (D-Harrison) went out in the hall and huddled together with industry lobbyists, and DEP staff.
They made a deal in the hall to change the language in the rule that requires all oil and gas well drilling pits and impoundments to use impermeable synthetic liners. They agreed to add the following language: "except those pits and impoundments authorized by the Office, based on soil analysis from the operator."
DEP agreed to this new language as a "modification," so a committee amendment would not need to be offered (it's the agency's rule, so they can simply agree to the modification).
When the full committee deliberated on the oil and gas rule, committee staff explained that the rule had been modified because a previous rule on marking gas pipelines at coalmine sites had to be combined with the new rule covering impoundments.
Committee members - and those of us in the audience - were never told that there was an additional modification, or what was in that modification.
Senator Minard then moved the rule "as modified," and the committee voted unanimously to approve the rule.
Delegate Bonnie Brown (D-Kanawha), the House chair of the Joint Legislative Rule-Making Review Committee was not aware that a deal had been cut in the hallway, and never saw the modified language.
Senator Herb Snyder (D-Jefferson), the Senate vice-chair of the Joint Legislative Rule-Making Review Committee was not aware that a deal had been cut in the hallway, and never saw the modified language.
In fact, no one on the committee - other than Senator Minard - knew that a deal had been cut in the hallway and what the modified language was.
Certainly we didn't know. John and Leslee and I were sitting right there, along with Julie Archer from WV CAG. The public was never told that a deal had been cut in the hallway, and never saw the modified language.
On Wednesday this week the Senate Judiciary Committee took up the oil and gas rule and an amendment by Senator Clark Barnes (R-Randolph) was adopted that tightened up the modified language somewhat.
As it stands now the rule reads, "All pits and impoundments shall have an impermeable synthetic liner to prevent seepage or leakage, except those pits and impoundments deemed to be suitable to prevent seepage or leakage based on soil analysis from the operator and standards developed and certified by a registered professional engineer and approved by the Office."
And as it stands now, it is no longer mandatory under the rule that all pits and impoundments use synthetic liners, as originally proposed by DEP's Office of Oil and Gas.
This is absolutely the worst breach of the legislative process I have witnessed in the years I have lobbied for WVEC.
I am totally disgusted.
And there are still almost five weeks of the Session remaining.
Meanwhile, I am taking solace that most of the legislators took off early this week to get home before the next winter storm hits. Maybe they will fill their bird feeders.
Don't you forget to fill yours.
(One might also wonder where was Gov. Joe Manchin's DEP Secretary Randy Huffman in all of this?)
