Legislature looks to legalize fracking

The N.C. General Assembly is debating two very different approaches to introducing hydraulic fracturing in the state.

The two bills that would legalize the controversial natural gas drilling method vary in many respects, including the time frame by which fracking would be permitted.

Both bills have a stated mission to abide by a report issued in April by the N.C. Department of Environment and Natural Resources, which said fracking can be done safely if under the correct regulatory framework.

“The regulatory framework should be specific to North Carolina because our hydrogeology is different to other states where (fracking) is taking place,” said Jamie Kritzer, spokesman for the DENR.

The first bill, sponsored by Sen. Bob Rucho, R-Mecklenburg, known as the Clean Energy and Economic Security Act, has been introduced in both the House and Senate.

The second bill, sponsored by Rep. Mitch Gillespie, R-Burke, named the Shale Gas/Develop Regulatory Program/Legislative Oversight Bill has only been introduced in the House.

Both bills accept that more environmental research is necessary to move forward with the fracking process.

Rucho’s bill establishes a moratorium on fracking until July 1, 2014. Gillespie’s bill does not establish a date by which the environmental reviews must be complete.

“Sen. Rucho’s approach rushes to legalize fracking,” said Grady McCallie, policy director for the N.C. Conservation Network. “We appreciate that Gillespie is going slower and is evaluating the environment.”

“We don’t know if there are enough safeguards that will ever make it safe,” McCallie said. “If we adopt regulations now, they will be obsolete in a decade.”

In addition to different deadlines, both bills install different institutions to oversee fracking in the state.

Richard Whisnant, professor of public law and government at UNC, said Rucho’s bill establishes an industry-friendly board. Gillespie’s bill, by contrast, will allow the DENR to continue its study of fracking.

“It is important to have a regulatory board that understands the industry,” Whisnant said.

Whisnant said citizens would be directly affected if fracking is legalized.

He said under state law, minerals under the surface are not necessarily owned by the surface property owner, and underground boundaries for minerals don’t align with those of the surface.

“This is the kind of issue that can tear the community apart,” McCallie said.

Whisnant said he thinks the Republican leadership would most likely try to marry the two bills together.

“Odds are very good there is discussion behind the wall in Raleigh,” Whisnant said. “I think politically, the leadership will put strong pressure on members to work things out in a nonpartisan way.”