On January 4, 2014, Storage Tank leaks into the Elk River contaminated the Kanawha River and the regional water supply

To: Frank Jernejcic, HB 2598 died in committee.

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From: Frank Jernejcic
Sent: Tuesday, March 8, 2022 12:28 PM
To: Mike Caputo
Subject: HB 2598 – Say No to Weakening Water Protections in the Aboveground Storage Tank Act

Dear Senator Caputo,

I am the Vice-President of the Upper Mon River Association (UMRA) and contacting you on behalf of our organization.

I am asking you to please protect our public drinking water and reject HB 2598, which weakens inspection requirements for certain oil & gas tanks closest to our public drinking water intakes.

All tanks within a Zone of Critical Concern (ZCC) should have the standards and oversight mechanisms of the Aboveground Storage Tank Act.

Please, say no to weaken protections for drinking water in the Aboveground Storage Tank Act and reject HB 2598.

Thank you for your consideration.

Sincerely, Frank Jernejcic, Morgantown, WV 26508

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See also: West Virginia Environmental Council, P.O. Box 1007, Charleston WV 25324 ~ Office: (304) 414-0143, Email: info@wvecouncil.org

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See also: West Virginia Rivers Coalition, 3501 MacCorkle Ave SE #129, Charleston, WV 25304. Office: 304-637-7201, Email: wvrivers@wvrivers.org

xxx

Conserve & Restore West Virginia Rivers & Streams & Wetlands

Description ~ Join WV Rivers for a Live Legislative Update. We’ll have an in depth discussion on our water policy priorities and what we can expect for the remainder of the 2022 session. A Q&A will follow the presentation.

Time ~ Feb 24, 2022 07:00 PM in Eastern Time

Join WV Rivers for a Live Legislative Update on Thursday, February 24 at 7:00pm on Zoom. We’ll have an in depth discussion on our water policy priorities and what we can expect for the remainder of the 2022 session. A Q&A will follow the presentation.

Register for the Legislative Update Here ASAP

Make a Donation in Support of Conserving & Restoring WV’s Exceptional Rivers & Streams

>>> WEST VIRGINIA RIVERS COALITION
3501 MacCorkle Ave SE #129, Charleston, WV 25304
304-637-7201 | wvrivers@wvrivers.org

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SEE ALSO: Week 6 of the WV Legislative Session: Fair Courts, Justice, Water, and more!

Capital Eye V.15 N.6 ~ West Virginia Citizen’s Action Group

In this February 21st edition of the Capital Eye weekly newsletter update:

– Mushroom Session; – Judicial Power Grab Would Weaken West Virginians’ Say-So on the Courts; – Smart Justice Advocacy Day is Almost Here; – Meet Carey Jo; – WVNOW Legislative Action Alert 2.21.22; – Jo’s Fight for Coverage During COVID; – Keeping your Activist Heart Happy: A Series – part 3.

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SEE ALSO: Legislative Updates WVEC February 18, 2022

GREEN, Volume 32 Issue 6 ~ West Virginia Environmental Council

We just completed week six of the Legislature! Tuesday was the last day to introduce bills in the House and this Monday, February 21, will be the last day to do so in the Senate. We have compiled a list of bills we are watching, both good and bad, and will continue to update this list as we go. We also hosted our virtual E-Day event on Wednesday, and you can find the link to our livestream in the article below. Check out the other articles to see what’s happening!

Prof. Katharine Hayhoe brings some hope for the planet

Interview of Katharine Hayhoe – NPR Program ON BEING, October 21, 2021

Katharine Hayhoe is one of the most esteemed atmospheric scientists in the world. She’s made her mark by connecting dots between climate systems and weather patterns and the lived experience of human beings in their neighborhoods and communities.

She’s also an ambassador, if you will, between the science of climate change and the world of evangelical Christian faith and practice, which she also inhabits. To delve into that with her is to learn a great deal that refreshingly complicates the picture of what is possible and what is already happening, even across what feel like cultural fault lines. If you want to speak and walk differently on this frontier, this is a conversation for you.

Katharine Hayhoe is a professor of political science at Texas Tech University, and now Chief Scientist of the Nature Conservancy. She founded the Atmospheric Research and Consulting Firm, has been named one of Time ‘s 100 Most Influential People (2014), and serves as the climate ambassador for the World Evangelical Alliance. She is an outstanding public speaker in great demand.

Her new book is ‘Saving Us: A Climate Scientist’s Case for Hope and Healing in a Divided World.’

Find the transcript for this show at onbeing.org — Katharine Hayhoe – “Our future is still in our hands” ~ Listen (50:58 minutes) and Read the Transcript.

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NOTE ~ Consumers of information from National Public Radio contend that NPR does its job well. A study conducted by the polling firm Knowledge Networks and the University of Maryland’s Program on International Policy Attitudes (University of Maryland at College Park) showed that those who get their news and information from public broadcasting (NPR and PBS – Public Broadcasting Service) are better informed than those whose information comes from other media outlets. In one study, NPR and PBS audiences had a more accurate understanding of the events in Iraq versus all audiences for cable and broadcast TV networks and the print media.

GREEN NEWSLETTER, Volume 3, Issue 1

Happy New Year Everyone! ………………… January 21, 2021

With the start of a new year comes the legislative session. It’s hard to believe we are less than a month away with the session starting February 10. We expect things to be much different this year. Access to the Capitol building will be limited and the process for posting agendas and confirming public hearings is unclear.

The WVEC is in preparation mode reaching out to legislators and working with our coalition partners. Starting February 12 we will send out GREEN to you each Friday so you can stay informed. We also expect to send along more frequent action alerts as calling and emailing your legislators will be the best (only?) way to reach them this session.

All events in the rotunda are cancelled this year so our annual E-Day will be a virtual event on Wednesday evening, March 10. Please mark your calendar and look for more info in our next issue. If you are part of an organization that would like to be involved, please email me. Last year we had over 20 groups travel to Charleston and we hope you can join us virtually this year!

We have a lot to tackle this year. Topping the list of our member group and member survey taken last fall and presented at our annual meeting were water quality, climate change, and clean elections (changing the political rules that favor special interests and giving regular West Virginians an equal voice in our government).

Specifically we will focus on the following priorities with our legislative allies:

>> Water quality standards rule and the Safe Drinking Water bill
>> Power Purchase Agreements legislation
>> Expansion of recycling including styrofoam
>> Protection of funding for DEP inspectors in the state budget
>> Resolution to study energy use in state buildings
>> Just Transition bill
>> Disclosure of dark money political expenditures

We also expect to use a good deal of our resources to educate the large number of newly elected legislators, especially in the House of Delegates, and to provide fact sheets and grassroots outreach on any potentially harmful legislation as well as proactive bills.

We can’t do it without your support! Please consider a donation to support our lobby team. Please donate online or mail a check to; WVEC, PO Box 1007, Charleston, WV 25324.

Thank you! Linda Frame, WVEC President

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Mountaineer Community Meeting!

Your support is crucial to our efforts to put an end to the proposed Mountaineer NGL Storage Facility and the threats it poses to our community’s health, safety, and natural resources.

Please view the Fact Sheet document for more information about the facility’s harms and a draft for submitting public comment. Again, unique comments carry more weight in ODNR’s permit consideration process. We encourage you to add a few words about any specific concerns you may have regarding the facility’s construction and operation.

To view a recording of last night’s meeting, click the link below:

bit.ly/mountaineermeeting

Again, thank you if you joined us last night, and please feel free to reach out with any questions.

Ben Hunkler & Concerned Ohio River Residents

ACTION ALERT — WEST VA. ENVIRONMENTAL COUNCIL

WV.Legislature’s House Bill 4615, the anti-protest bill being touted as “criminal infrastructure protection,” is intended to intimidate and silence environmentalists. It hands industry even more power, with no regard for our people. Further criminalizing actions that are already illegal is unnecessary and will further crowd our jails and prisons.

The bill passed on the final night of session. We worked to have the bill amended substantially.

About the HB-4615:

The bill disproportionately affects land owners where a pipeline right of way has been placed on their land. In this instance, the land owner still OWNS the land, while the corporation LEASES, yet the landowner is guilty of trespassing. For example, Becky Crabtree was arrested for protesting a pipeline on her family farm. Under this bill, the penalties would have been much harsher.

This bill seeks to further marginalize and criminalize those who dare to try right wrongs. This bill seeks to protect corporations over people, aims to protect those whose pollution trespasses on public health and safety, whose pollution trespasses into our air, water, land, and bodies, and whose actions trespass upon our property rights, and who, with this bill seek to trespass on our right to protest those very trespasses.

What You Can Do:

First of all, THANK the senators that worked hard to amend the bill. Specifically thank Senators Trump, Weld, and Lindsay. Their work made the bill less bad in many ways.

Second, Reach out to the Governor…often! Urge Governor Justice to VETO this bill!! Click here to contact the Governor.

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WV is ready for PPAs ..... now!

Appeal from WVEC, Charleston, WV, February 18, 2019

Power Purchase Agreements (PPAs) will expand access to affordable energy for West Virginia communities, businesses, tax-exempt entities, and low-income families.

Our lawmakers have a no-cost way to empower more West Virginians to benefit from affordable distributed energy. Current law forbids us from entering into Power Purchase Agreements (PPAs) to buy energy from renewable or alternative energy resources.

Legalizing these agreements will help West Virginia communities, families, businesses, and nonprofits:

>> Install on-site energy generation facilities with little to no upfront cost
>> Lower electric bills from day one
>> Lock in affordable long-term electricity rates
>> Avoid utility rate increases
>> Stabilize monthly budget expenditures

In addition, PPAs will expand economic development, create good local jobs, and attract employers to locate and invest in West Virginia. Urge your legislators to support legalizing PPAs.

>>> Act Now: Urge Senate President Mitch Carmichael to support the PPA bill

Please call Senate President Mitch Carmichael at (304) 357-7801 and urge him to support the pro-jobs and pro-business Senate Bill 409 that legalizes Power Purchase Agreements (PPAs) for on-site renewable and alternative energy generation facilities in West Virginia. The bill is in the Energy, Industry and Mining committee. This widely used financing mechanism helps businesses, local governments, families, and tax-exempt institutions like schools and churches take control of their energy costs. PPAs will expand economic development, create good local jobs, and attract employers to locate and invest throughout West Virginia – all without raising rates or hiking taxes.

Can’t make a call? You can submit the form on this page to contact Carmichael! Better yet, add a personal message to let him know how PPAs will benefit your family, business, or local community.

>>> West Virginia Environmental Council
P.O. Box 1007, Charleston, WV 25324

info@wvecouncil.org (304) 414-0143

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AEP Signs Agreement To Purchase Wind Assets From Sempra, Columbus, Ohio, February 12, 2019

American Electric Power (Columbus, OH) signs agreement to acquire Sempra Renewables business. Acquisition advances part of planned $2.2 billion investment by 2023 in contracted renewables.
. . . . . . . . . . . . . . . . . . . . .

ALERT — Oil & Gas Wells Need Attention

From Julie Archer, WV-SORO, Charleston, February 15, 2019

Help Prevent One of the Most (If Not the Most) Widespread Environmental & Property Rights Disasters in WV

One of, if not the most, widespread environmental and property rights disasters ever is now unfolding in West Virginia! WV-SORO needs your help to hold drillers responsible and keep this from happening.

Please contact your Senators and Delegate(s) and tell them to support a strong Orphaned Oil and Gas Well Prevention Act (SB 576 & HB 3065).

There are currently more than 4,500 orphaned oil and gas wells that have gone unplugged for so long that the driller/operator has gone out of business and there is no one to plug it. A company called Diversified is buying declining, conventional wells from EQT and other Marcellus Shale drillers. WV-SORO expects Diversified will plug only 310 of the 17,000 wells they have purchased in the next 15 years, and after 2019 to start leaving 10,000 more unplugged. These wells are located on surface and mineral owners across West Virginia.

The Legislature needs to pass the “Orphaned Oil and Gas Well Prevention Act” (SB 576 & HB 3065) in order to stop more wells from being orphaned. Currently operators only have to post a “blanket” “performance” bond in the amount of $50,000 – as little as $20 a well for some – when plugging costs $25,000 to $65,000 or more for each well.

It will be good if the Legislature passes other bills like HB 2779 and HB 2673, that will generate money to plug a few orphaned wells, perhaps 60 a year. (These bills have already passed the House of Delegates.) But we need the Orphaned Oil and Gas Well Prevention Act passed in order to prevent more wells from being orphaned by requiring what we are calling “plugging assurance” for three kinds of wells: 1) new wells, 2) existing wells that are producing but no longer producing in paying quantities, and 3) wells are transferred (often from a driller that can afford to plug its old wells to one that cannot).

“Plugging assurance” would be a single well bond in the actual cost to plug the well, or plugging assurance would be payment into an escrow account for each well in the treasurer’s office of the cost to plug the well when it is time.

Please contact your Senators and Delegate(s) and tell them to support a strong Orphaned Oil and Gas Well Prevention Act (SB 576 & HB 3065).

For additional information on why the Act is needed see here and here.

For more information on Diversified, see the following news articles:

>>> Sale of older gas wells concerns surface owners lawyer

>>> Diversified’s deal with West Virginia on plugging old oil wells shows rules need to change, environmental groups say

Contact: WV Surface Owners’ Rights Organization,
1500 Dixie Street, Charleston, WV 25311

info@wvsoro.org 304 346 5891

Letter from the Climate Change Lobby to Support Jobs And Clean Energy

Dear Friends,

If you are concerned about the economic future of West Virginia, please consider contacting Committee Chair of Technology and Infrastructure, Jim Butler, to voice your support for HB 2589 (The Modern Jobs Act). HB 2589 is a bipartisan legislative effort to give large electricity users the ability to protect and create jobs by providing them the freedom to purchase solar electricity generated on former coal mines.

This bill creates jobs and diversifies the economy. It helps manufacturers protect existing jobs by stabilizing their large electricity bills. It helps corporations with renewable energy targets site in West Virginia. And it grows West Virginia’s solar industry, while putting old coal mines back into productive use. The economic and environmental benefits of the bill are undeniable, but we need your help to get it onto the agenda.

The fate of the bill currently rests with Committee Chair Jim Butler, who is responsible for deciding the committee agenda. Please call or email Delegate Butler today to voice your support for HB 2589 and ask for a fair vote (and don’t forget to share this email with other concerned West Virginians) — You could be the deciding factor in whether this important bill moves forward!

You can read and review The Modern Jobs Act here.

You can contact: Delegate Jim Butler, (304) 340-3199, Jim.butler@wvhouse.gov

Thank You!

Logan Thorne, Board of Directors, Citizens’ Climate Lobby WV
(304)-657-5455

Governor proposes special session for his 'ultimate resolution'

From an Article by Brad McElhinney, WV MetroNews, February 26, 2018

CHARLESTON, W.Va. — Gov. Jim Justice, who has EQT board member Bray Cary as a volunteer on his staff, today promoted a grand bargain on natural gas drilling and teacher pay — frustrating several participants on the gas issue.

During three stops around West Virginia, Justice urged that a co-tenancy drilling bill be killed in the state Senate so that it — plus another drilling policy known as joint development — may be brought up in special session.

The governor then suggested that both issues would be intertwined with the pay and health care issues that have caused thousands of West Virginia educators to walk out of schools and rally at the Capitol.

Justice said the severance tax could be raised to provide more revenue for teacher pay and healthcare.

The governor’s proposals, which were first made at a town hall appearance in Wheeling, frustrated delegates who have been involved with the co-tenancy bill as well as segments of the natural gas industry and the royalties and land organizations that have been shepherding the bill.

Several of them pointed fingers at EQT, which did not immediately respond to the criticism. “I’m pretty disappointed about the whole thing,” said Delegate John Kelly, R-Wood, vice chairman of the House Energy Committee.

“Joint development is a program that has no chance of passage in the House of Delegates. It’s failed every year since I’ve been here and I believe it’s going to continue to fail. It’s a taking and right now there’s only one company in the state of West Virginia — that I’m aware of — that even wants a joint development law passed.

“The other companies, this law actually goes against their current business practices.”

An organization called Shale Energy Alliance has been using targeted social media ads for the past week to suggest drilling legislation could be the path toward raises and stable health care for teachers.

The campaign seems to be aimed at generating teacher support and aiming it at lawmakers.

The governor, today in Wheeling, echoed those comments. The governor’s official Twitter account also put out the message:

JUSTICE—- I will call us into special session to find a way out through co-tenancy and joint development and the mineral rights people … you’ve got to find a way that satisfies everybody and raises the severance tax on gas.

JUSTICE—- I am the guy that said let’s tier the severance tax on coal and natural gas at the State of the State a year ago.

JUSTICE —- You have two trump cards. You’ve got co-tenancy and joint development. I’m telling you point blank, where you can help, don’t let co-tenancy pass. Make us go to a special session on gas.

JUSTICE —- If co-tenancy does not pass the Senate … I will call for a special session.

Controversy swirled in December over revelations that Cary, an EQT board member since 2008, had been serving as a volunteer in the governor’s office, focusing on communications and some policy issues.

EQT’s corporate governance policy says it is the duty of the board of directors to serve as a fiduciary of the company.

Cary bought several rounds of shares of EQT stock over the latter part of last year. The largest was a purchase in June of 22,627 shares valued at $1,209,186.

“It makes me wonder,” Delegate Kelly said.

Co-tenancy, which passed the House of Delegates and now is in Senate Judiciary, requires at least 75 percent of rights holders on a single piece of property to OK drilling. Advocates say it’s a way to allow the majority to go ahead if a few holdouts don’t want drilling or can’t be located.

Joint development would allow an operator that already has old leases, signed before modern shale drilling began, to combine into a single drilling unit. It’s significantly more controversial.

Bills dealing with natural gas drilling and property rights have fallen apart many times over the years, either failing to balance the rights of the various players or being weighed down by a variety of inter-related issues.

Governor Justice earlier this year brought together executives from the big natural gas drilling companies, as well as representatives from the land and royalties groups. They, along with delegates, decided to move forward with co-tenancy on its own.

Tom Huber, president of the West Virginia Royalty Owners Association, said the governor’s proposal on natural gas doesn’t stand a chance of helping teachers.

“It’s unfortunate the governor would try to manipulate teachers into going home with a false promise of forced pooling for a severance tax,” Huber said.

“Let’s call joint development what it is — it’s forced pooling,” Huber said. “Co-tenancy is a carefully negotiated bill to try to resolve disputes between mineral owners in the same tract. It’s kind of sad that he would try to trick the teachers like this.”

Huber said the governor’s position, combined with Cary’s presence in the office, looks funny.

“Obviously we, as the Royalty Owners Association, feel it is highly inappropriate to have someone who is on the board and collecting the salary of a major out-of-state corporation in the governor’s office, advising him on these issues,” Huber said. “There’s got to be something wrong with that, ethically or legally.”

Also critical of the governor’s call for a special session on drilling issues was Jason Webb, a lobbyist who represents the West Virginia Land and Mineral Owners Association.

“The WV Land & Mineral Owners Association has real concerns about a bundled bill. We believe that the Governor should sign the co-tenancy bill to help move our state forward,” Webb said

“If he wants to address joint development for EQT in a special session then we will be at the table to protect mineral owners interests.”

The West Virginia Farm Bureau, which has been a part of negotiations on drilling issues, also was critical of the governor.

“This is an effort to really submarine a lot of really good legislation,” said Dwyane O’Dell, the director of government affairs for the Farm Bureau. “A lot of hard work has been done with agreement with most of the industry. This idea of joint development is a special carve out for one company, that company being EQT.”

O’Dell also argued, more generally, against raising the severance tax on natural gas. “If he chooses to raise the severance tax, in many ways he would put West Virginia in a less competitive situation,” O’Dell said.

The West Virginia Surface Owners Rights Organization is also frustrated by the governor’s comments, said David McMahon, a lawyer who represents the group.

“We are deeply disappointed that the governor would try to tie joint development and co-tenancy to any other issues,” McMahon said. “Co-tenancy has been a four-year battle. It’s now got something that everybody can live with and is only very, very indirectly related to the severance taxes and those other issues.

“Joint development, lease integration — whatever they’re calling it this time — we call it the invisible ink bill. This is clearly an EQT move.”

The Independent Oil and Gas Association of West Virginia was very surprised by the governor’s comments, said Phil Reale, a lobbyist for the group. He said after years of negotiation, there is finally consensus among groups dealing with co-tenancy.

Reale described co-tenancy as a way to make West Virginia more competitive with Pennsylvania and Ohio. “Increasing the severance tax — when West Virginia’s severance tax is already higher than Ohio and there is none in Pennsylvania — would only make us less competitive, less attractive to those who have large opportunities in West Virginia.”

Those who deal with natural gas issues were caught by surprise by the governor’s announcement, Reale said. “Frankly, it’s a little bit disappointing that we’re here at the 11th hour when we’re about to have a progessive piece of legislation, embraced by every stakeholder with full consensus, to have this sort of a problem inserted into the mix, where he believes there ought to be something else other than has been developed.”

The West Virginia Oil and Natural Gas Association put out a statement of concern about Justice’s remarks. “WVONGA is very concerned with the Governor’s statements regarding a severance tax increase and a possible veto of House Bill 4268, the cotenancy bill,” stated Anne Blankenship, the organization’s director.

“Great progress has been made by stakeholders on this cotenancy bill to ensure that investment in West Virginia by the oil and gas industry continues to boost the state’s economy and create family-sustaining jobs that support schools and teachers. His plans to disrupt that progress will only hurt all of us, including our teachers, by keeping West Virginia’s laws uncompetitive and discouraging development in this state.”

JUSTICE —- The gas companies want two things from you — co-tenancy and joint development … I said to them, I won’t be a proponent of co-tenancy or joint development to help you without raising your severance tax. You know what they said? “We’re OK with that.”

Democrats in the House argued against the co-tenancy bill, arguing that the rights of minority rights holders were being trampled.

They’re no more likely to support the bill in a special session, especially if joint development is added in, suggested Delegate Isaac Sponaugle, D-Pendleton.

“I didn’t know the Republicans were in the business of stealing both property rights and raising taxes for a special session but apparently that’s their game plan going forward,” Sponaugle said.

“I can only speak for myself — our caucus hasn’t met on it — in regards to severance tax, but I do believe that should be raised. But I don’t believe you should be stealing people’s property rights as a way so oil and gas will lay down when you go to raise the severance tax.”

Joint development stands no chance of passing the House of Delegates, even if intertwined with co-tenancy and educator pay and healthcare issues, said Delegate Bill Anderson, R-Wood and chairman of the House Energy Committee.

“In my judgement lease integration will not pass the House of Delegates. We tried that three years ago in House Bill 2688, which failed,” Anderson said.

Anderson said the lesson of the past has been dealing with the drilling issues independently. “Co-tenancy has the horsepower to pass this year,” Anderson said.

Anderson declined to criticize Justice, though. “The governor’s going to have to make his judgments about how he runs his office,” Anderson said. “I believe we have a bill in the House now that would require people that are employed in the government, even on a volunteer basis, not receiving pay, to have to file the same ethics forms that all members of the Legislature and elected and appointed officials do that are receiving compensation. I believe that bill should pass.”

Committee meeting at WV Legislature

From Julie Archer, WV Surface Owners’ Rights Organization, January 27, 2018

Dear Friends,

The 2018 legislative session is in full swing and you may have heard on the news or via social media that a “co-tenancy” bill (HB 4268) is now being considered by the House Energy Committee. This is one of a series of oil and gas development bills that have been introduced in recent years in various forms and degrees, and which is sometimes referred to as “forced pooling.” A bill passed by the Senate last year (SB 576) contained two forms: “lease integration” or what we call “invisible ink,” and “co-tenancy,” which we called “majority rules.”

HB 4268 deals only with what the industry calls “co-tenancy,” which we are now calling the “cousins” bill. Like last year’s bill HB 4268 is problematic in a number of ways which we’ve outlined in detail below, and we oppose the bill unless these issues are addressed by the committee.

Please contact members of the House Energy Committee and voice your concerns about HB 4268. Urge them to prioritize other legislation before them that will help those most affect by drilling and natural gas infrastructure.

These include HB 2990, which would require continuous monitoring of air, noise, dust, and particulates as recommended by the studies mandated by the 2011 Horizontal Well Act; and HB 3011, which would allow property owners to share financially in the gains from the various interstate pipeline projects, if they are approved and built. (More information about these bills is available here.)

Click here for a list of House Energy Committee members with their phone number and email address, followed by a ‘list’ of emails for all members that can easily be copied and pasted into the ‘To’ field of your email.

On Thursday, the committee heard an explanation of HB 4268 and then delayed further consideration of the bill until Tuesday.

Please act now and make your voice heard. And, thank you for your assistance.

>>> Julie Archer, Executive Director, WVSORO
West Virginia Surface Owners’ Rights Organization
1500 Dixie Street, Charleston, WV 25311

info@wvsoro.org …… 304.346.5891