MISSION
Research and Identify the regulations of DEP with the needs of the county/municipalities and keep abreast of pending legislation and laws as it relates to the oil and gas industry and its impacts on Fayette County, state owned lands and state forestry
ACTION ITEMS
PARTICIPANTS
Contact : Legislative Subcommitte Chair Steve Walton by email Legislative Chair
RESULTS - ACTION TAKEN OR RECOMMENDED
Regulation of Marcellus Shale gas extraction is under state and federal jurisdiction Oil & Gas Act while land use issues are under the jurisdiction of either the Fayette County Zoning Office or if your local municipality has its own zoning contact your local office (your township supervisors/council). All local zoning must be in compliance with the PA Municipalities Planning Code Some counties/municipalities have enacted or updated their zoning ordinance to address the Marcellus Shale gas extraction. Pipeline, a feature of the Pittsburgh Post Gazette has set up a link to view local ordinances. Note: this link is not inclusive of all passed local ordinances.
Given the insurgence of the development and exploration of Marcellus Shale, the Pennsylvania legislators have been very active introducing legislation ranging from taxation to regulation. For a summary of pending legislation view Dickinson School of Law or the Penn State Cooperative Extension link and for the most complete and up-to-date legislative information view Pennsylvania General Assembly
Recently passed legislation and Court Orders:
Senate Bill 298 - Amends the Clean & Green Act to better define "rollback taxes" on the reclaimed well-site not the entire property
House Bill 1950 - Act 13 of 2012 - Legislation for a shale gas impact fee and other matters relative to the regulation of shale gas development. View an Analysis of Act 13 of 2012 View summary of Changes Municipalities Must Make To Zoning Ordinance
Court Order April 11 2012 enjoins Act 13 from taking effect for a period of 120 days
Pending legislation: none at this time
Court Challenges
March 29 2012 - A legal challenge to the provisions of Act 13 which preempts local zoning & land use is filed. View Part 1 and Part 2
May 14 2012 - House Democrats file Amicus Brief in Act 13 arguing it is unconstitutional & infringes on local governments zoning & land use rights
July 26 2012 - Court rules zoning portions of Act 13 unconstitutional
PUC authorized as the regulatory agency in Act 13 0f 2012:
PUC is required to administer the collection & distribution of the impact fees. PUC must, if a municipality requests, review their local oridinance & issue an advisory opinion. PUC must issue an order when a request for review is filed by an owner, operator or a person residing in the boundaries of a local government who is aggrieved by the enactment or enforcement of a local ordinance.
PUC letter on the Implementation of Unconventional Gas Wells Impact Fee, Act 13 of 2012
Pa PUC Bulletin on Implementation of Unconventional Gas Wells Impact Fee, Act 13 of 2012 issued March 3 2012
Also the following summary was provided by CCAP NGTF. Summary of Model Ordinance/Local Zoning Provisions
This Task Force does not take a position on the legislation. This Task Force provides you with the information so that you can make an informed decision. Your elected state senators and representatives pass legislation and this Task Force encourages you to contact your state elected officials to discuss your views on the pending legislation.
The following is called "A Legal Perspective " providing comment on legal issues confronting Pennsylvania as a result of Marcellus Shale exploration. Land Use and Drilling - Local Ordinance or State Regulation?
The Independent Regulatory Review Commission, the gatekeeper of PA's state regulations, approved new standards which is expected to be final in January 2011. The standards are designed to protect waterways & drinking water from natural gas migrating underground. Also to enhance regulations on well casings & pipelines and to strengthen the industry's obligation to investigate & report incidents of gas migration.
Pa regulators were advised to deny a pipeline firm's request for PUC status that could lead to eminent domain. An administrative law judge issued a recommendation. Read the report Laser NE Gathering ALJ recommendation . Peregrine Keystone Gas Pipeline LLC filed for PUC status in September 2010 for gathering lines but on June 8 2012 withdrew its application.
In March 2011 Gov Corbett authorized the creation of a Marcellus Shale Advisory Commission so Who are they and amount contributed to Corbett's campaign