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Monday, December 19, 2011

Proposed Pennsylvania law would restrict local governments' control over gas drilling

Pennsylvania lawmakers are working to approve legislation to impose "an impact fee on oil and gas companies," and tucked into that legislation is controversial language removing zoning authority over drilling from municipalities, Amanda Cregan of phillyburbs.com reports. This means towns could no longer restrict or ban drilling.

The state's Oil and Gas Act requires companies to obtain a permit from the state Department of Environmental Protection, and some areas like those covered by the Delaware River Basin Commission and several townships have additional restrictions. If lawmakers approve the legislation, the state will control where and how drilling happens. "Natural gas wells could be placed anywhere and everywhere across communities," Tracy Carluccio, deputy director of the Delaware Riverkeeper Network, told Cregan. "In residential neighborhoods, on preserved lands and historic sites, next to schools and day care facilities, in close proximity to municipal water reservoirs . . ."

Actually, the state can deny permits if it believes drilling will have a negative impact on "public resources, like historical sites, endangered habitats and drinking water supplies," Cregan writes. But Carluccio has little faith the DEP will do that. "I think it's a quid pro quo," Carluccio told Cregan. "It says 'OK, we'll pay something, but you've got to make it easy for us'." Steve Forde of the Marcellus Shale Coalition has a different view, telling Cregan that gas drilling supports 300,000 jobs in Pennsylvania with average pay of $74,000. "The new legislation would protect that job development" and give landowners interested in selling mineral rights some consistent regulations, he said. (Read more)

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