State of West Virginia

OFFICE OF THE GOVERNOR
Charleston 25305

May 7, 1997
The Honorable Ken Heckler
Secretary of State
State Capitol
Charleston, WV 25305
Dear Secretary Hechler:
Pursuant to the provisions of Section Fourteen, Article Seven of the Constitution of West Virginia, I hereby disapprove and return the Enrolled House Bill No. 2681.
The objection to the bill is that it is in direct conflict with two other provisions of West Virginia Law. West Virginia Code §22C-8-4 establishes the Shallow Gas Well Review Board. That Board is composed of three people: The Chief of the Office of Oil and Gas, the Oil and Gas Commissioner, and a third person appointed by the Governor with Senate confirmation. The consolidation by H. B. 2681 of the Chief of Oil and Gas with the Oil an Gas Conservation Commissioner creates an anomaly with the provisions of §22C-8-1, relating to the Shallow Gas Well Review Board. For example, West Virginia Code §22C-8-5(c) provides that "a majority" of the Board shall constitute a quorum. Presumably, under this bill, one person holds a permanent quorum on the Shallow Gas Well Review Board. This would make the presence of the Governor's appointee meaningless, as the other person holds two of the three positions.
If this bill is enacted, a problem would also exist with the composition of the Coalbed Methane Board. Under West Virginia Code §22-21-2, the Coalbed Methane Board is composed of the members of the Shallow Gas Well Review Board, plus the state geologist, a representative of the United Mine Workers of America, and employee of the gas industry and the Director of the Office of Miners' Health, Safety and Training. The question arises whether the Chief of the Office of Oil and Gas - who would also serve as the Oil and Gas Conservation Commission - would have more than one vote on the Coalbed Methane Board.
For the stated reasons, I must veto this legislation.
Very truly yours,
Cecil H. Underwood,
Governor.