PA Environment Digest Blog: PA Republican Senators Introduce Bill To Punish Local Elected Officials Who Want To Protect Their Constituents From The Documented Adverse Health, Environmental Impacts Of Shale Gas Development

On November 7, PA Republican Senators introduced Senate Bill 1346 that punishes local elected officials who want to better protect their constituents from the documented adverse health and environmental impacts of shale gas development.

The legislation would prohibit municipalities from receiving Act 13 drilling impact fees if they set protective standards on the development of natural gas that “imposes a standard or condition on well development that conflicts with or exceeds those contained” in state law.

Distribution of these fees would also be prohibited when any party initiates a legal challenge against a municipality with a local ordinance that “unreasonably limits or prohibits future development of unconventional natural gas wells.”

No revenue would be distributed to the municipality until the “conclusion of the litigation,” according to the bill.

The sponsors of the legislation include Senators Camera Bartolotta (R-Washington), Gene Yaw (R-Lycoming), Wayne Langerholc, Jr. (R-Cambria), Kristin Phillips-Hill (R-York) and Cris Dush (R-Clearfield).

The legislation was introduced in response to action taken by Cecil Township, Washington County Supervisors on November 4 to adopt an ordinance establishing setbacks from shale gas well pads of 2,500 feet from homes and businesses as “protected structures” and 5,000 feet from schools and hospitals. Read more here.

The setback established in state law now is 500 feet from a shale gas well bore (not the shale gas well pad).

Cecil Township is in Sen. Bartolotta’s district.

Republican History Of Preventing Local Regulation Of Oil/Gas

The original announcement of this legislation references Act 13 of 2012 which originally contained a provision preempting any local regulation of drilling operations included at the insistence of Republicans.

That provision was declared unconstitutional by the PA Supreme Court in a landmark ruling in December 2013 based on the Environmental Rights Amendment in Pennsylvania’s Constitution. Read more here.

In October 2022, Sen. Yaw introduced legislation-- Senate Bill 1331-- denying counties Act 13 drilling impact fees if they restrict the leasing of land for drilling that was reported out of his Committee, but saw no further action.

Allegheny County adopted an ordinance restricting drilling for gas on county-owned lands which represented less than 1% of the land area of the county leaving 99%+ available for leasing. Read more here.

In October 2023, Sen. Yaw said in a written press statement House legislation which increased safety zone setbacks around natural gas infrastructure was “stupid” after a House Committee hearing on House Bill 170 (Otten-D-Chester). Read more here.

In May 2024, Sen. Yaw announced the introduction of legislation prohibiting the distribution of Act 13 impact fees to any county “that is actively suing over fossil fuel use.” Read more here.

Although not yet introduced, Sen. Yaw was attempting to prevent actions like Bucks County took to join a lawsuit charging oil companies intentionally deceived the public about the role fossil fuels play in worsening climate change. Read more here.

Communities Can Expect Much Less Support From Shale Gas Industry

In June, the Independent Fiscal Office issued a report on the latest projections of revenue from the Act 13 Shale Gas Drilling Impact Fee showing another drop in calendar 2024 revenue to from $165 million to $170 million-- a nearly $114 million decrease from 2022. Read more here.

The IFO reported calendar 2023 revenue was $179.1 million, down over $100 million from the record revenue in 2022 of $278.9 million.

This $200 million+ drop in revenues is the result of lower natural gas prices set by international markets and the fact the gas industry is drilling fewer new wells in an attempt to get the price of natural gas to increase.

The least revenue collected from this fee was $146.3 million for calendar 2020.

The drilling impact fee is a per well fee and not a fee on production like all other oil and gas states have.

On September 19, the Pittsburgh-based Allegheny Institute for Public Policy published a policy brief on the steep decline in revenues from the drilling impact fees saying counties and municipalities need to “begin lowering their expectations” on the support from the shale gas industry drilling impact fee. Read more here.

(Photos: top- Range Resources Augustine Drill Pad in Cecil Township; Augustine Drill Pad showing scale of operation; bottom- Map of Shale gas wells (red dots), conventional oil and gas wells (blue/green dots) in Cecil Township (DEP Oil & Gas Program); 523 feet from nearest house; Well pad gas flare from bedroom window near Augustine well pad (WTAE). Other photos Courtesy of The Energy Age Blog.)

Resource Links - Cecil Township:

-- Cecil Township Supervisors In Washington County Adopt 2,500 Setback From Shale Gas Well Pads From Homes, Businesses, 5,000 Foot Setback From Hospitals, Schools [PaEN]

-- Cecil Township, Washington County Posts Proposed Ordinance Increasing Setbacks From Shale Gas Well Pads Of 2,500 Feet From Homes, Businesses; 5,000 Feet From Schools, Hospitals; Nov. 4 Hearing, Meeting Set [PaEN]

-- Cecil Township Supervisors Direct Solicitor To Prepare Ordinance Increasing Setbacks From Shale Gas Well Pads By At Least 2,500 Feet; Another Hearing, Vote Expected Nov. 4 [PaEN]

Resource Links - Increasing Gas Infrastructure Safety Zones:

-- Senators Santarsiero, Comitta Introduce SB 581 Increasing Setback Safety Zones From Natural Gas Drilling Sites, Other Infrastructure, Based On Latest Science [PaEN]

-- House Committee Hearing On Increasing Safety Setback Zones Around Natural Gas Facilities Heard About First-Hand Citizen Experiences On Health Impacts; From Physicians On Health Studies; The Gas Industry On Job Impacts [PaEN]

-- Sen. Yaw, Republican Chair Of Senate Environmental Committee, Called Bill To Reduce Shale Gas Industry Impacts On Health, Environment ‘Stupid’ [PaEN]

Resource Links - Washington County Gas Development:

-- Click Here to search for Washington County articles in PA Environment Digest. These are just a few--

Resource Links: Gas Health, Safety Impacts Washington County:

-- Hundreds Of Residents Warn Against Impacts Of Shale Gas Development In Cecil Township, Washington County [PaEN]