On October 27, Senate Republicans passed Senate Bill 275 (Yaw-R-Lycoming) which would limit the ability of communities to offer new and clean energy sources and energy efficiency programs by locking in the status quo, in particular natural gas.

House Action

On October 26, the Republicans on the House Local Government Committee reported out House Bill 1947 (O’Neal-R-Washington), the companion bill to Senate Bill 275 (Yaw-R- Lycoming), without amendment.  The bill was then Tabled.

Background

This legislation is part of a nation-wide initiative by the American Gas Association to get states across the country to adopt legislation to prohibit local governments from adopting ordinances that would block the use of natural gas in new homes and commercial construction.  Read more here.

While the bill’s sponsor said the intent of the legislation is simple-- preventing communities from prohibiting natural gas-- you need to read the black and white language of the bill to understand its true, far-reaching impact.

Senate action was a follow up to a hearing the Senate Local Government and Environmental Resources and Energy Committees had in May on the legislation where Pennsylvania local government groups raised serious concerns about the language of the bill.  Read more here.

Joseph H. Gerdes, III, PA State Association of Township Supervisors, said, “While we agree that municipalities do not have the current ability to regulate utility connections, we have concerns that the broad language in Senate Bill 275 could be open to interpretation and limit the ability of municipalities to regulate in the siting of power generation facilities, including commercial solar facilities.”

Ron Grutza, PA State Association of Boroughs, said “The sweeping nature of the preemption language in Senate Bill 275 could be problematic. We believe that enacting the legislation in the present form could create unintended consequences.

Amy Sturges, PA Municipal League, said, “The League is strongly opposed to the Senate Bill 275. Our members view the legislation as a preemption of local authority. Additionally, the language of the bill is unclear and broadly written which will be harmful to communities as they try to sort out the extent of its impact.”

Click Here to read more about comments offered at the hearing.

[Posted: October 27, 2021]

11/1/2021