Groups urge legislators to start over on shale regulations

March 12, 2012 2:35 pm

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HARRISBURG -- A coalition of groups that have been vocal in their opposition to gas drilling met returning lawmakers with a loud message today: "kill" the bills they've passed so far aimed at regulating gas drilling and start over.

While their chants seeking a reset on legislation were broad in their scope, many of the speakers at a rally filling the Capitol Rotunda stairs aimed their main criticism at the provision that would allow the state attorney general to review local drilling rules and determine whether they are reasonable.

Former Pittsburgh City Councilman Doug Shields decried that such a provision would result in the public attorney general being used by drilling companies to bring suit against local governments.

"All other entities in the world -- Alcoa, U.S. Steel, Joe's Garage, Mary's Hair Salon -- are all covered by local ordinances, including ourselves and where we do business, where we do industry," Mr. Shields told the crowd of about 200 activists.

"Everybody in the commonwealth and in that municipality must pay attention and obey these local ordinances -- except the oil and gas industry. That cannot stand."

Top aides for Republican legislative leaders and the governor have said they've made significant progress in finding a compromise between the House and Senate drilling bills, which would assess an impact fee on active unconventional wells; change state standards for bonding payments and setbacks; and set set parameters for local drilling rules.

Both measures included a similar procedure for standardizing zoning laws that is based off of the state's ACRE law, which allows the attorney general to review agricultural ordinances. The law has resulted in an ongoing disagreement with residents of Peach Bottom Township in York County, where local activists won a zoning case that prevented the location of a large pig farm but then found themselves sued by the attorney general.

"It was bad legislation then, and it will be the destruction of our state if this bill is not killed," said Maria Payan, of the Peach Bottom Concerned Citizens Group.

While few details of the closed-door GOP policy negotiations have trickled out, there's been no indication that lawmakers or the governor would be willing to reverse course and eliminate the zoning provision. Gov. Tom Corbett has said repeatedly that he believes there should be statewide standardization of drilling rules to create more uniformity.

When those talks reach agreement, the compromise plan is expected to be voted in a conference committee, and sent back to each chamber for an up-or-down vote without the opportunity for amendments. Those involved say they hope that can occur before the governor's Feb. 7 budget address.

Others at the rally also expressed frustration with the politics of the recent legislative process. Pennsylvania Sierra Club director Jeff Schmidt pointed to nearly a dozen Republican legislators who he said often support the environmental group's positions but have "abandoned" those groups in the recent Marcellus Shale votes.

"We're tired of hearing, 'I just voted yes to move the process forward,'" Mr. Schmidt said. "The final vote will be the telling one, and we're going to hold legislators accountable."

The groups rallying here, including Clean Water Action, PennEnvironment, and the League of Women Voters, weren't the only ones calling on legislators today to revise their drilling bills. Jan Jarrett of the advocacy group PennFuture urged during a conference call this morning that the issues of the drilling fee and regulatory changes be split into different bills, so that disagreements over the size and scope of an impact fee do not slow implementation of environmental protections.

"The comprehensive bill is driving our legislators to solutions that are the lowest common denominator," Ms. Jarrett said. "We need to separate the issues and get the work done."

Laura Olson: lolson@post-gazette.com or 717-787-4254.
First Published January 17, 2012 12:00 am
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