Senate bloc concerned about curbs to shale rules
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HARRISBURG -- As state negotiators inch closer to finalizing a comprehensive Marcellus Shale regulatory measure, some opposition against overruling local zoning rules has reignited within the General Assembly.
Nine Republican state senators sent a letter to their caucus leaders on Wednesday, signaling their concerns with a current provision to restrict the ability of local governments to regulate gas drilling.
Eliminating the variations in local drilling rules has been a priority for Gov. Tom Corbett, as well as a provision sought by natural gas companies. The governor has called for state rules to supersede local ordinances, while Senate leaders have pushed a less-strict provision.
The senators listed on the letter, who mainly represent southeastern Pennsylvania, said they do support the approach from the Senate legislation, which would allow the state attorney general to determine whether a town's ordinance is reasonable.
"However, we feel the language contained in the current version of the bill goes far beyond that concept and actually works more like a model ordinance by specifically spelling out permitted uses," they wrote.
The letter's signatories are Sens. Richard Alloway of Franklin County; Edwin Erickson of Delaware County; John Rafferty, Stewart Greenleaf and Bob Mensch, all of Montgomery County; Pat Vance of Cumberland County; Mike Folmer of Lebanon County; and Chuck McIlhinney and Robert Tomlinson, both of Bucks County.
The legislators involved in the letter could not be reached Wednesday afternoon to discuss their opposition.
The Senate and House passed similar bills last fall regarding gas drilling revenues and oversight. Both measures would enact a per-well fee on shale drillers, update the state's environmental safeguards and standardize the local ordinances affecting the gas industry.
GOP legislative leaders have been in negotiations with the governor's office for weeks to hammer out an overall agreement. Whatever compromise they eventually reach will require a final vote in each chamber.
The issue of how much control local communities should retain over where oil and gas drilling occurs has been a heated one in the state Capitol. Environmental groups protested the provision last week, urging lawmakers to scrap the current bills, largely due to the zoning provisions.
Local leaders took news of the senators' letter with mild enthusiasm. Brian Coppola, a supervisor in Robinson, Washington County, said the senators were "on the right track" by opposing measures that would limit local control. He said he worries, however, that a system that allows the attorney general to judge the fairness of zoning rules would blur the lines between the executive and judicial branches of government.
Deron Gabriel, a South Fayette commissioner, echoed Mr. Coppola's concerns, saying, "I don't think that the attorney general can substitute himself for the Supreme Court of Pennsylvania. I think what we're hoping for is that they take out the local pre-emption altogether. It has to be up to each community."
Tweaks to the process of standardizing drilling rules while also preserving local input have been discussed, though dramatic changes to that section of the legislation appear unlikely.
Still, with Democrats not included in negotiations and their support unlikely, maintaining Republican support will be vital to the bill's approval.
A top aide to Senate President Pro Tem Joe Scarnati, R-Jefferson, said he and others working on the final provisions are trying to find an agreeable middle ground.
"We've known there's been some uneasiness," said Drew Crompton, Mr. Scarnati's chief of staff. "What all sides have not gotten to do yet is to take the bill's provisions as a whole."
First Published January 26, 2012 12:00 am
