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HB 1950 - Protecting the Gas Industry, not us -
local ordinances against drilling will be voided!A bill that will transform our communities if passed - and set a terrible precedent on who decides how to use the land in our Townships.
Here we provide resources and questions - helping the public to become informed about House Bill 1950, notably:
"All local rules, regulations, codes, agreements, resolutions, ordinances and other local enactments that regulate oil and gas operations are hereby superseded and preempted."
For a well-written overview of the implications of HB 1950, see also Marcellus misstep: House GOP seems to want to protect natural gas drillers, not Pennsylvanians Below
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NEW
Here’s a petition from
Change.org
specific to PA House Bill 1950 that you can sign in order to urge
your representatives to: |
Suggested questions you might ask of your representatives on your calls:
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Unanswered Questions and ConcernsWhat are the environmental, health and social impacts of Fracking in the near and long term? There are scores of
unanswered questions and
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LOCAL ORDINANCES WOULD BE
VOIDED UNDER PA. HOUSE PLAN (Bill 1950)
November 3, 2011 - Local rules for gas drilling would be null and void under the Marcellus Shale legislation swiftly approved by a House panel on Wednesday, highlighting a key obstacle in crafting a drilling oversight measure. "Under this bill, it would be easier to drill and put a compressor station in than it would to put an addition on your garage,” said Rep. Jesse White, D-Cecil.
http://www.post-gazette.com/pg/11307/1187153-113.stmLocal Ordinance Clause
§ 3272. Local ordinances (as of 11/15/11).
(a) General rule.--Except as provided under subsection (b), this chapter and any other environmental law are of Statewide concern and occupy the entire field of regulation regarding oil and gas operations, to the exclusion of all local rules, regulations, codes, agreements, resolutions, ordinances and other local enactments. No local rule, regulation, code, agreement, resolution, ordinance or other local enactment of any
municipality may regulate oil and gas operations. All local rules, regulations, codes, agreements, resolutions, ordinances and other local enactments that regulate oil and gas operations are hereby superseded and preempted.
(b) Exception.--Subsection (a) shall not apply to ordinances adopted under the act of October 4, 1978 (P.L.851, No.166), known as the Flood Plain Management Act.
§ 3273. Effect on department authority.
This chapter does not affect, limit or impair any right or authority of the department under the act of June 22, 193 7 (P.L.1987, No.394 ) , known as The Clean Streams Law; the act of January 8, 1960 (1959 P.L.2119, No.787 ) , known as the Air Pollution Control Act; the act of November 26, 1978 (P.L.1375 , No.325 ) , known as the Dam Safety and Encroachments Act; or the act of July 7, 1980 (P.L.380, No.97 ) , known as the Solid Waste Management Act.
HB 1950 - Protecting the Gas Industry, not us
R. Martin writes: We were wrong. In staying close to our mission of “good stewardship”, we overlooked the big picture on HB 1950.
The entire bill should be rejected, not revised.
Call your State Representative right now.
The Harrisburg Patriot-news hit the mark with the editorial below:
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Marcellus misstep: House GOP seems to want to protect natural gas drillers, not Pennsylvanians
Monday, November 14, 2011, 6:05 AM
By Patriot-News Editorial Board
That’s the only way to describe House Bill 1950, the House Republicans’ attempt at a Marcellus Shale package.
GOP leaders say they are for “responsible drilling,” but they might as well let the drillers write their own laws.
The biggest issue is the impact fee. The proposed rate works out to about a 1 percent tax, which would make Pennsylvania the lowest of any natural gas-drilling states.
Even Texas, which gives shale gas drillers a tax break in the early years down to about 2 percent, didn’t go that low. It’s certainly a pittance compared with most other states, including neighboring West Virginia’s 5.8 percent.
This newspaper has called for a reasonable severance fee for years. We concur with Republicans that taxing drillers to solve all the state’s fiscal woes is the wrong approach. But enacting the lowest rate in the country on shale gas drillers is not reasonable; it’s corporate welfare.
Pennsylvanians overwhelmingly support a severance tax. This House bill might be what the governor had in mind, but it’s not what the people had in mind.
Then there’s the question of whether Pennsylvania will even collect the 1 percent.
The impact fee implementation and collection is left up to each county, making it feasible that some counties won’t even bother with the fee.
The House GOP appears adamant that the impact fee must be administered piecemeal by each county, something that has bureaucratic nightmare written all over it.
Yet on the issue of zoning laws, the House GOP has the opposite view.
Suddenly, they believe one clear and consistent statewide policy must be in place. Municipalities would not be able to protect important areas from drilling with zoning.
Talk about hypocrisy. If statewide consistency is so important, why not for the impact fee?
What’s really going on here is that lawmakers are running scared from the no-tax promises made to Grover Norquist and his Americans for Tax Reform. Gov. Tom Corbett and 30 House members signed no-tax pledges. Somehow there is a belief that if the impact fee is done by county, they can still claim they are not imposing new taxes or fees.
This is a landmark issue for Pennsylvania. Common sense and good governance have to trump a promise made to a Washington, D.C., lobbying group.
The corporate giveaways go beyond the impact fee and zoning. Buried on Page 37 of the bill is language that would allow private review of drilling permit applications.
It reads, “The reviews may be performed by persons selected by the department who are not commonwealth employees if the department is the entity that takes action on the application.”
That’s right, corporate permits could be reviewed by other private companies. There is no specification of how those reviewers would be selected or paid. If this language stays in the bill as is, the state might as well just give out permits to the highest bidder and save the trouble of pretending there is a legitimate process.
The sentiment from most Pennsylvanians on Marcellus Shale is: Do it right. Most people — such as this editorial board — believe this resource should be developed, but they don’t want to see a free-for-all for drilling companies.
HB 1950 is close to a free-for-all. We can do better. We must do better.
http://www.pennlive.com/editorials/index.ssf/2011/11/marcellus_welfare_house_gop_ca.html
R. Martin Coordinator www.PaForestCoalition.org
Peaceful Protest to Ban Fracking in the Delaware River Basin Delawareriverkeeper.org
Monday, Nov 21 | Time: 7:30 AM
Trenton NJ, Patriots Theater at the War Memorial
The organizers urge you also to call your governor and the president and tell them to ban fracking in the Delaware river basin.
Christie (609)292-6000,
Cuomo (518)474-8390,
Corbett (717)787-2500,
Markell (DE) (302)577-3210, and
President Obama (201) 456-1111
Evidence-based Topic Search: ncbi.nlm.nih.gov
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