The "Joint Development" provision would be similar to the bill that passed in PA in 2012, I think it was. It basically said that if a lease is silent on pooling, that it can be pooled.
Its a bigger problem in WV than in PA. We have entire jobs devoted to modifying old WV leases to add pooling because we are afraid of being sued if we pool them without the pooling clause.
What I thought folks on here might like is the provision in the new SB 576 which says that a gas company cannot pool leases without having a surface use agreement from the surface owners of any tracts which will have surface impacts. As written, this gives surface tract owners a veto of any horizontal drilling...so I can't imagine that it will be accepted lightly by the industry.... but I am interested to see how it ends up.
And there is certainly some argument supporting that.... can a mineral owner really give a company permission to use your surface to develop third party tracts? Could be hard on companies, though.
It also says that any leases which do not include pooling language but are pooled cannot have any post-production costs deducted and in event can the royalty be less than the 1/8th.
The most controversial part of the bill here is the ability to develop a lease with less than 100% of co-tenants having signed leases. The current bill says we would need 2/3 of the owners on board, others are calling for 75%...