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Senate Committee OKs Bills Requiring Compensation For DRBC Fracking Ban, To Form Pipeline Commission, But NOT Conventional Drilling Bill

The Senate Environmental Resources and Energy Committee Tuesday approved and reported out legislation to require compensation if a permanent ban on fracking is adopted by the Delaware River Basin Commission, to form a pipeline safety commission, but did NOT consider a bill to weaken environmental standards for conventional oil and gas drilling.

The bills and resolutions included--

-- DRBC Fracking Ban Taking: Senate Bill 1189 (Baker-R-Luzerne) that would declare, as a matter of law, an oil and gas fracking moratorium enacted by the Delaware River Basin Commission would constitute an act of eminent domain and a taking of property for which compensated would be required from DRBC. Click Here for more.

Sen. Lisa Baker, prime sponsor of the bill, said her constituents are being treated differently and unfairly by prohibiting the development of their natural gas rights compared to others in the state who are all allowed to lease their rights.

A 2011 University of Delaware study referenced by Sen. Baker at the meeting found the mean value of potentially recoverable natural gas from the Marcellus Shale formation in the Delaware River Basin is projected to be $30.4 billion, but it could be as high as $52 billion (page 91)

Since 1988, Pennsylvania has been responsible for 25 percent of the Delaware River Basin Commission’s budget. No funding is provided in the bill.

Wayne County Commission Joseph Adams suggested to the House State Government Committee Monday property owners should be compensated for the loss of the right to develop their land. He said a water use fee could be imposed on water users in the Delaware Watershed to pay oil and gas rights owners for their loss of property value. He estimated the fee would be about $20 per month per person.

Sen. Andy Dinniman (R-Chester) commented the General Assembly itself has passed a moratorium on development of South Newark Shale in the Southeast. He also suggested an amendment to the bill to require compensation of homeowners who lose the value of their homes because of natural gas-related development, in particular pipelines.

The bill was reported out of Committee by a largely party-line vote (Republicans supporting).

-- Pipeline Commission: Senate Resolution 373 (Rafferty-R-Montgomery) is a concurrent Senate-House resolution to establish a Senate-House legislative Commission to Study Pipeline Construction and Operations and to recommend improvements for the safe transport of oil, natural gas and other hazardous liquids through pipelines. Click Here for more.

The Committee amended the bill to make changes to the Commission membership and pushes back the deadline for its report to July 2019.

Sen. Don White (R-Indiana) said if there is only about one company [Sunoco Mariner East Pipelines] that’s a problem, we should be able to deal with that company and put them out of business. But this resolution would apply to all companies and is an overreaction, he said. “We need to get this natural gas to market.”

The resolution was reported out of Committee with a bipartisan vote.

-- Eliminate Act 101 Leaf Collection Programs Mandate: House Bill 927 (Rader-R-Monroe) amends Act 101 Municipal Waste Planning and Recycling Act to eliminate the mandate on smaller municipalities to have a leaf waste collection program (House Fiscal Note and summary). The bill was reported out of Committee with a bipartisan vote.

-- Mushroom Compost: Senate Bill 917 (Dinniman-R-Chester) amends Act 101 Municipal Waste Planning and Recycling Act to include spent mushroom compost under the definition of “compost materials to encourage its reuse (sponsor summary). The bill was reported out of Committee with a bipartisan vote.

-- Ethane Storage Hub: Senate Resolution 375 (Bartolotta-R-Washington) urging Congress to support the development of an ethane storage hub in Pennsylvania (sponsor summary). The resolution was reported out of Committee with a bipartisan vote.

-- Lewis & Clark National Trail: Senate Resolution 326 (Vogel-R-Beaver) encourage Congress to recognize the Eastern Legacy of the Lewis and Clark National Trail for its historic national significance (sponsor summary). The resolution was reported out of Committee with a bipartisan vote.

Not Considered

These items on the agenda were NOT considered--

-- Conventional Oil & Gas Wells: House Bill 2154 (Causer-R- Cameron), the Conventional Oil and Gas Act, which weakens environmental protection standards for conventional oil and gas drilling and turns back the clock 34 years to the original 1984 Oil and Gas Act. Click Here for more. This does not preclude future Committee consideration.

-- Pipeline Notification: Senate Bill 1027 (Rafferty-R-Montgomery) setting additional notification requirements for residents impacted by pipeline construction (sponsor summary). This does not preclude future Committee consideration.

Click Here to watch a video of the meeting (when posted).

Sen. Gene Yaw (R-Lycoming) serves as Majority Chair of the Senate Environmental Committee and can be contacted by calling 717-787-3280 or sending email to: gyaw@pasen.gov. Sen. John Yudichak (D-Luzerne) serves as Minority Chair and can be contacted by calling 717-787-7105 or sending email to: yudichak@pasenate.com.

NewsClips:

Hurdle: Delaware Basin Landowners Welcome Committee Approval Of Fracking Ban Compensation Bill

Legislation Would Require DRBC To Compensate Landowners Affected By Fracking Ban

Letter: Sen. Baker’s Fracking Ban As Property Taking Bill Is A Bad Idea

Phillips: PUC Keeps Lid On Mariner East 2 Pipeline Construction, Allows ME 1 To Restart

AP-Scolforo: PUC Issues Split Ruling On Mariner East Pipelines In Chester County

PA Allows Sunoco Mariner East 1 Pipeline To Resume Service

PA Regulators Deliver Mixed News For Sunoco Mariner East Pipelines

Maykuth: PUC Allows Contentious Mariner East 1 Pipeline To Restart

Senate Panel Approves Rafferty Resolution To Improve Pipeline Construction, Operations

Hurdle: Suit Accuses Mariner East 2 Pipeline Of Violating Federal Clean Water Act

Citing Risk Of Huge Explosions, Township Supports Mariner East Pipeline Shutdown