Beitzel's Marcellus Shale Bill To Be Heard Next Week

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Feb. 17, 2011


House Bill 411, a measure sponsored by Del. Wendell R. Beitzel (R–Dist, 1A), will be heard before the General Assembly's House Environmental Matters Committee next Wednesday, Feb. 23, in Annapolis at 1 p.m. The measure would require the Maryland Department of Environment (MDE) to submit regulations to the Administrative, Executive, and Legislative Review Committee by Dec. 31.

Sen. George Edwards has submitted a companion bill, SB 422, in the Senate. The proposed legislation has been assigned to the Education, Health, and Environmental Affairs Committed, which has scheduled a hearing for Thursday, March 3, at 1 p.m.

"This bill allows those who have the technical know-how to establish commonsense regulations regarding drilling that would ensure safeguards for the citizens of Garrett and Allegany counties," said Beitzel.

This measure is modeled after a similar proposal approved by the House Environmental Matters Committee during the 2009 legislative session regarding coal combustion byproducts.

Beitzel noted that MDE already has many regulations in place to deal with natural gas and well drilling generally. These regulations give the department the authority to set permit conditions for each well application on a case-by-case basis.

The bill, as presented, tackles the issue on two fronts, the delegate noted. First, it gives the department the authority to promulgate regulations generally dealing with the Marcellus shale.

"Such enumerated power has been the focus of many who have expressed their concerns regarding the possibility of Marcellus shale drilling in Maryland," Beitzel said.

Secondly, the bill specifically enumerates five aspects that the department must address in the regulations.

"MDE has broad authority in the state to regulate drilling for natural gas, both though statute and regulations found in COMAR," Beitzel said. "However, there is no specific provision for horizontal drilling into the Marcellus shale. That is why Senator Edwards and I believed it was best to pursue legislation to require the department to move forward in a timely fashion to promulgate specific regulation for this purpose. The aspects specifically covered in the bill are also things that we have been told the department is already examining."

Because the Beitzel/Edwards bills require regulations to be established, they same must go through a through a public comment process.

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