PA Environment Digest Blog: PA Senate Republicans Vote To Punish Communities Taking Steps To Protect Their Residents From Health, Environmental Impacts Of Shale Gas Drilling

On May 7, Republicans on the Senate Environmental Resources and Energy Committee voted to report out legislation to punish communities taking steps to protect their residents from the health and environmental impacts of shale gas drilling by withholding Act 13 drilling impact fees.

The Senators voting for the bill included prime sponsor Camera Bartolotta (R-Washington), Scott Hutchinson (R-Venango), Daniel Laughlin (R-Erie), Scott Martin (R-Lancaster), Elder Vogel (R-Beaver), Kim Ward (R-Westmoreland) and Gene Yaw (R-Lycoming), Majority Chair and a cosponsor of the bill.

Senators voting against the bill included Carolyn Comitta (D-Chester), John Kane (D-Chester), Katie Muth (D-Montgomery) and Nikil Saval (D-Philadelphia).

The Committee held no hearings on the legislation.

Senate Bill 102 punishes local elected officials who want to better protect their constituents from the documented adverse health and environmental impacts of shale gas development by prohibiting 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. Read more here.

The legislation was prompted by an ordinance adopted by Cecil Township in Washington County that establishes a 2,500 setback from shale gas well pads. The current minimum setback is 500 feet from a well bore. Read more here.

Range Resources and MarkWest Liberty Midstream have filed challenges at the local level against the Cecil Township setbacks in Washington County Court and the Cecil Township Zoning Hearing Board. Read more here.

All the Cecil Township hearings and Zoning Hearing Board deliberations on the setback ordinance are available online so anyone can see them.

Senate Bill 102 is part of a coordinated strategy by the shale gas industry to put roadblocks in the way of communities adopting more protective safety zones around shale gas well pads and infrastructure.

Sen. Bartolotta tried to justify the legislation by saying-- “The impact fee was specifically designed to compensate municipalities hosting or neighboring natural gas development for their impacts that they experience.

“These funds were never intended for communities that actively block the responsible use of Pennsylvania's natural resources. My bill addresses this inequity.”

Cecil Township and its 14,547 residents are in Sen. Bartolotta Senatorial District which has hosted shale gas drilling operations almost since the beginning of shale gas development in the state.

DEP has so far issued 63 permits for unconventional shale gas wells in the Township at five large well pads that cover more than 60% of the 26.4 square mile Township. Read more here.

Five, hours-long public hearings by the Cecil Township Supervisors documented significant impacts to residents from these existing shale gas operations. Read more here.

As a result, elected officials in the Township have a clear understanding of the real impacts on its residents every day from this shale gas infrastructure, in contrast to Sen. Bartolotta’s statements.

And given the technology employed by shale gas drillers that can drill miles-long laterals to extract gas, the ordinance does not prohibit the future development of gas and specifically grandfathers in the existing wells and well pads, according to the Township.

Cecil Township is following state law that authorizes local governments to regulate land use.

All the Cecil Township hearings and Zoning Hearing Board deliberations on the setback ordinance are available online so anyone can see them.

In 2013, the PA Supreme Court declared unconstitutional provisions in the Act 13 oil and gas act of 2012 unconstitutional because it attempted to preempt local regulation of drilling operations. Read more here.

Senate Bill 102 is also an attempt to bring back this preemption in another form.

Sen. Comitta, Minority Chair of the Committee, said before the vote-- “I will be voting now and I ask for a no vote.

“We have communities that have been severely and negatively impacted by fracking, I have visited them. And the adverse impacts of fracking on the health of nearby residents and families are well documented.

“The 43rd state-wide grand jury said as much [Read more here]. The closer people happen to live to a massive industrial drilling complex, the worse it is likely to be for them.

“Respectfully, I wish that this majority would move my bill with [Sen.] Santarsiero to increase well setbacks [Read more here].

“But if we don't, we shouldn't try to punish elected officials who will.

“If they are brave enough to better protect their constituents, we should applaud them, not penalize them.

“I will be voting no. Thank you.”

Reaction To Senate Bill 102 Vote

The Center for Coalfield Justice issued this statement in response to Committee action on Senate Bill 102--

The Center for Coalfield Justice strongly opposes Senate Bill 102, which will punish Pennsylvania residents for protecting themselves from the harms of fracking.

This bill is a blatant attempt to strip municipalities of their constitutional right to enact reasonable zoning protections—like setbacks from homes, schools, or water sources—by labeling such protections “unreasonable” if they in any way limit gas development.

Today, the PA Senate Environmental Resources and Energy Committee voted to advance SB 102, sending it to the full Senate for consideration.

If passed, the bill would empower the PA Public Utility Commission (PUC) to withhold the impact fee funds from any municipality that enacts zoning or other ordinances the commission deems to “unreasonably limit or prohibit” gas drilling.

Under this vague and subjective standard, essential safeguards—such as setbacks from residential areas like those recently adopted in Cecil Township—could be deemed “unreasonable” at the commission’s discretion and used to justify cutting off critical funds meant to help residents cope with the impacts of drilling.

If a community takes action to protect its residents, it shouldn’t be punished–especially when fracking and its impacts continue.

Let’s be clear: this bill does nothing to protect Pennsylvanians. It only protects corporate interests by penalizing communities for standing up to polluters.

Municipalities should not be forced to choose between safeguarding their residents’ health and receiving the funding they are rightfully owed for hosting billion-dollar extraction operations.

This legislation, led by Senator Camera Bartolotta, punishes residents—especially in places like Cecil Township—who have fought for basic protections.

The message is unmistakable: Our elected officials are prioritizing industry donors over the people they were elected to serve. Communities have the right to set limits and voice their concerns.

Other Legislation

The Committee also took action on these bills--

-- DEP Name Change: Senate Bill 682 (Yaw-R-Lycoming) changing the name of the Department of Environmental Protection to the Department of Environmental Services was reported out of Committee by a party-line vote of 7 to 4-- Republicans supporting.

Sen. Yaw has said in describing this bill, “Emphasizing that this department is focused on “services” will be a huge step forward in instituting a needed culture change.

“The word “protection” carries a law enforcement or security connotation rather than that of an environmental resource and partner to the citizens of Pennsylvania.

“Unfortunately, enforcer has become the prevalent view of the department, overshadowing other work which is detrimental to an open relationship between the citizenry and their government regarding environmental issues.”

Sen. Comitta said, “I will be voting no. And again, I ask for a no vote.

“In addition to being a partner and providing services, DEP does have a very important role in issuing notices of violation, enforcement actions and penalties when warranted.

“DEP's mission is to protect the state's air, land, and water resources while ensuring the health and safety of all residents and visitors.

“This is achieved through partnership with individuals, organizations, governments, and businesses to prevent pollution and restore natural resources.

“I believe that DEP can do both, protect and partner.

“But changing its name sends a message that DEP is weak when it comes to protecting our environment.

“I know my constituents want our environmental resources protected with a capital P.

“And speaking of signs, one sign that is not going to be wearing out ever is the Environmental Rights Amendment of the Pennsylvania Constitution, which says, Article 1 Section 27, "To conserve and maintain our natural resources for the benefit of all people."

“I'm firmly opposed to this bill and I ask for a no vote.”

-- Power Plant Sites: Senate Bill 704 (Yaw-R-Lycoming) requires DCED and DEP to identify sites suitable for natural gas electric generation projects was reported out of Committee by a party-line vote of 7 to 4-- Republicans supporting.

Sen. Bartolotta said in support of the bill-- “The move from going from coal-fired power plants to a much cleaner type of energy production in Pennsylvania in particular, I think this is something that would really benefit all of our communities, our grid, and ensure that the message is clear to investors that are looking for a very good source of energy where they can bring their manufacturing and industry into Pennsylvania.”

Sen. Comitta said, in opposition to the bill-- “I will be voting, no. This bill does beg the question, why do we continue to focus solely on fossil fuels and fracking instead of cleaner alternatives?

“We should be investing in renewables and moving legislation like PACER and PRESS that support investments in the clean energy economy. [Read more here]

“The Shapiro administration is opposed to this bill, PennFuture and the Sierra Club are also opposed. I ask for a no vote. Thank you.”

-- Redefine Safe Oil & Gas Well Plugging: Senate Bill 712 (Yaw-R-Lycoming) redefining safe plugging requirements for conventional oil and gas wells with a new definition of what is considered a “reasonable” effort to clean out a well to its “attainable bottom” was reported out of Committee by a vote of 9 to 2.

Sen. Yaw said in support of the bill-- “Our well plugging program in Pennsylvania has not moved as aggressively as it should. And one of the issues involved in that is what's the attainable bottom and some of the wells that... the abandoned wells, how far down do you have to go? What do you have to take out? And as a result, nothing's being done.”

“I will say up front, DEP is not in favor, is against this bill only because they said, "Well, we continue to study it." And what they have done, we've talked about this issue now for a couple of years and it is clearly paralysis by analysis.”

Sen. Comitta responded by saying-- “I agree that Pennsylvania has a major problem with the plugging of orphaned and abandoned wells, and we have to use the limited funds and resources available to plug them effectively and efficiently.

“I understand the issues this underlying bill is trying to address, but changes are needed, and I look forward to working with the stakeholders and the maker of the bill to see how we can improve the bill and address the concerns.

“I will be voting yes to move this conversation forward. Thank you.”

Sen. Gene Yaw (R-Lycoming) serves as Majority Chair of the Senate Environmental Resources & Energy Committee and can be contacted by calling 717-787-3280 or sending email to: gyaw@pasen.gov. Sen. Carolyn Comitta (D-Chester) serves as Minority Chair and can be contacted by calling 717-787-5709 or sending email to: senatorcomitta@pasenate.com.

(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.)

Reference Links - Bigger Safety Zones Needed:

-- 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 [PaEN]

-- 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 [11.5.24]

-- Range Resources And MarkWest Liberty Midstream File Legal Challenges To The 2,500 Foot Shale Gas Facility Setback Ordinance Adopted By Cecil Township, Washington County [January 2025]

-- The Energy Age Blog: Range Resources & MarkWest Liberty Midstream File Legal Challenges Against 2,500 Foot Shale Gas Setback Ordinance In Cecil Twp., Washington County [January 2025]

-- Environmental Health Project Releases New White Paper: PA's Shale Gas - What We Can Do Now To Better Protect Public Health [PaEN]

-- On Feb. 13 Dept. Of Health, Penn State Project ECHO Held A Webinar To Educate Medical Professionals, Public On Exposures To Natural Gas Facility Pollution; Real Washington County CNX Facility Case Study Used [PaEN]

-- Environmental Health Project: Lois Bower-Bjornson Shares Her First-Hand Experiences With Shale Gas Health, Environmental Impacts In Washington County [PaEN]

-- 7 Years Ago, People From Over 70 Households Gave First-Hand Accounts Of How The PA Shale Gas Industry Impacted Their Health, Lives And Communities To A State Grand Jury Describing The ‘Sometimes Harsh Reality’ Of These Operations [PaEN]

-- State Dept. Of Health Apologizes For Not Listening To Communities Suffering Health Impacts From Shale Gas Development; New Health Study Results ‘Just The Tip Of The Iceberg’ [August 2023]

-- University Of Pittsburgh School Of Public Health Studies Find Shale Gas Wells Can Make Asthma Worse; Children Have An Increased Chance Of Developing Lymphoma Cancer; Slightly Lower Birth Weights [August 2023]

-- State Dept. Of Health Invites Citizens To File Environmental Health Complaints Related To Natural Gas Development; Health Will Also Review Environmental Test Results [September 2023]