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On November 7, PA Republican Senators introduced Senate Bill 1346 that punishes local elected officials who want to better protect their constituents from the documented adverse health and environmental impacts of shale gas development.
The legislation would prohibit 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.
Distribution of these fees would also be prohibited when any party initiates a legal challenge against a municipality with a local ordinance that “unreasonably limits or prohibits future development of unconventional natural gas wells.”
No revenue would be distributed to the municipality until the “conclusion of the litigation,” according to the bill.
The sponsors of the legislation include Senators Camera Bartolotta (R-Washington), Gene Yaw (R-Lycoming), Wayne Langerholc, Jr. (R-Cambria), Kristin Phillips-Hill (R-York) and Cris Dush (R-Clearfield).
The legislation was introduced in response to action taken by Cecil Township, Washington County Supervisors on November 4 to adopt an ordinance establishing setbacks from shale gas well pads of 2,500 feet from homes and businesses as “protected structures” and 5,000 feet from schools and hospitals. Read more here.
The setback established in state law now is 500 feet from a shale gas well bore (not the shale gas well pad).
Cecil Township is in Sen. Bartolotta’s district.
Republican History Of Preventing Local Regulation Of Oil/Gas
The original announcement of this legislation references Act 13 of 2012 which originally contained a provision preempting any local regulation of drilling operations included at the insistence of Republicans.
That provision was declared unconstitutional by the PA Supreme Court in a landmark ruling in December 2013 based on the Environmental Rights Amendment in Pennsylvania’s Constitution. Read more here.
In October 2022, Sen. Yaw introduced legislation-- Senate Bill 1331-- denying counties Act 13 drilling impact fees if they restrict the leasing of land for drilling that was reported out of his Committee, but saw no further action.
Allegheny County adopted an ordinance restricting drilling for gas on county-owned lands which represented less than 1% of the land area of the county leaving 99%+ available for leasing. Read more here.
In October 2023, Sen. Yaw said in a written press statement House legislation which increased safety zone setbacks around natural gas infrastructure was “stupid” after a House Committee hearing on House Bill 170 (Otten-D-Chester). Read more here.
In May 2024, Sen. Yaw announced the introduction of legislation prohibiting the distribution of Act 13 impact fees to any county “that is actively suing over fossil fuel use.” Read more here.
Although not yet introduced, Sen. Yaw was attempting to prevent actions like Bucks County took to join a lawsuit charging oil companies intentionally deceived the public about the role fossil fuels play in worsening climate change. Read more here.
Communities Can Expect Much Less Support From Shale Gas Industry
In June, the Independent Fiscal Office issued a report on the latest projections of revenue from the Act 13 Shale Gas Drilling Impact Fee showing another drop in calendar 2024 revenue to from $165 million to $170 million-- a nearly $114 million decrease from 2022. Read more here.
The IFO reported calendar 2023 revenue was $179.1 million, down over $100 million from the record revenue in 2022 of $278.9 million.
This $200 million+ drop in revenues is the result of lower natural gas prices set by international markets and the fact the gas industry is drilling fewer new wells in an attempt to get the price of natural gas to increase.
The least revenue collected from this fee was $146.3 million for calendar 2020.
The drilling impact fee is a per well fee and not a fee on production like all other oil and gas states have.
On September 19, the Pittsburgh-based Allegheny Institute for Public Policy published a policy brief on the steep decline in revenues from the drilling impact fees saying counties and municipalities need to “begin lowering their expectations” on the support from the shale gas industry drilling impact fee. Read more here.
(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.)
Resource Links - Cecil Township:
-- 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 [PaEN]
-- Cecil Township, Washington County Posts Proposed Ordinance Increasing Setbacks From Shale Gas Well Pads Of 2,500 Feet From Homes, Businesses; 5,000 Feet From Schools, Hospitals; Nov. 4 Hearing, Meeting Set [PaEN]
-- Cecil Township Supervisors Direct Solicitor To Prepare Ordinance Increasing Setbacks From Shale Gas Well Pads By At Least 2,500 Feet; Another Hearing, Vote Expected Nov. 4 [PaEN]
Resource Links - Increasing Gas Infrastructure Safety Zones:
-- Senators Santarsiero, Comitta Introduce SB 581 Increasing Setback Safety Zones From Natural Gas Drilling Sites, Other Infrastructure, Based On Latest Science [PaEN]
-- House Committee Hearing On Increasing Safety Setback Zones Around Natural Gas Facilities Heard About First-Hand Citizen Experiences On Health Impacts; From Physicians On Health Studies; The Gas Industry On Job Impacts [PaEN]
-- Sen. Yaw, Republican Chair Of Senate Environmental Committee, Called Bill To Reduce Shale Gas Industry Impacts On Health, Environment ‘Stupid’ [PaEN]
Resource Links - Washington County Gas Development:
-- Click Here to search for Washington County articles in PA Environment Digest. These are just a few--
Resource Links: Gas Health, Safety Impacts Washington County:
-- Hundreds Of Residents Warn Against Impacts Of Shale Gas Development In Cecil Township, Washington County [PaEN]
-- New Reporting On The Uncontrolled Impacts Of Shale Gas Industry: The ‘Poisons Are Still Going Through My System;’ Roar, Fire From Gas Flares; Nothing Has Changed In 15 Years [PaEN]
-- Shale Gas & Public Health Conference: When It Started, It Was Kind Of Nice, But What Happened Afterwards Really Kind Of Devastated Our Community [Marianna Boro, Washington County] [PaEN]
-- Inside Climate News: Q/A With Eliza Griswold Pulitzer Winning Author Of Deep Dive Into Fracking In PA, How Extractive Industries ‘Gut’ Communities [Including Washington County] [PaEN]
-- Center For Coalfield Justice Hosts Aug. 20 In-Person Program On Investigations Into Rare Childhood Cancers In Washington County [PaEN]
-- Range Resources Wins Water Well Contamination Case, But Court Says Actions Reckless In Washington County [PaEN]
-- 3 Days That Shook Washington County: Natural Gas Plant Explosion; Pipeline Leak Of 1.1 Million Cubic Feet Of Gas; 10,000 Gallon Spill At Compressor Station [PaEN]
-- Observer-Reporter: Explosion, Fire At Energy Transfer’s Revolution Natural Gas Cryogenic -- Plant Burned For Nearly 11 Hours On Christmas Day In Smith Twp., Washington County [PaEN]
-- DEP Ongoing Explosion/Fire Investigation: Energy Transfer Reported An Uncontrolled Release Of Ethane For 9.5 Hours From Its Revolution Natural Gas Processing Plant In Washington County [PaEN]
-- Inside Climate News: DEP Took 9 Days To Inspect Natural Gas Liquids Plant That Caught Fire On Christmas Day In Washington County [PaEN]
-- Guest Essay: Counties, PEMA Need To Include A Complete Vulnerability Assessment Of All Natural Gas Facilities In State, County Hazard Mitigation Emergency Plans [PaEN]
-- Attorney General Shapiro: Range Resources Pleads No Contest To Negligent Oversight Of Natural Gas Well Sites In Washington County; To Pay $150,000 In Penalties, Contributions [PaEN]
-- DEP Fines Range Resources $198,920 For Air Quality Violations In Washington County [PaEN]
-- Washington County Family Lawsuit Alleges Shale Gas Company Violated The Terms Of Their Lease By Endangering Their Health, Contaminating Their Water Supply And Not Protecting Their Land [PaEN]
-- Environmental Hearing Board Will Hear Key Arguments On Appeal By A Washington County Family Alleging Shale Gas Drilling Contaminated Their Water Supply With PFAS And Other Chemicals [PaEN]
-- DEP: Widespread Presence Of PFAS ‘Forever Chemicals’ In Fresh Water May Have Led To ‘Inadvertently’ Using Contaminated Water For Fracking Gas Wells In Washington County [PaEN]
-- Range Resources Shale Gas Water Pipeline Suffers Blowout In Washington County [PaEN]
-- KDKA Investigation: Washington County Family Says Energy Transfer/MarkWest Natural Gas Processing Plants Turned A Peaceful Farm Into A Nightmare [PaEN]
Penalties + Criminal Charges - Washington County:
-- Natural Gas Pipeline Pigging Facility Malfunction Dec. 27 Released 1.1 Million Cubic Feet Of Natural Gas; Same Facility Plagued Community With Blowdowns 3 Times A Day, 7 Days A Week For Nearly 10 Years Until Criminal Charges Brought Against CNX [PaEN]
-- Attorney General Henry Files Charges Against Shell Falcon Pipeline For Failure To Report Drilling Issues That Caused Industrial Waste, Potential for Water Pollution [PaEN]
-- DEP: Shell, Pipeline Contractor Assessed $670,000 Penalty For Falcon Ethane Pipeline Construction Violations In Allegheny, Beaver, Washington Counties [PaEN]
-- DEP Settlements Impose Total Of $427,650 In Penalties On EQM For Pipeline Construction Violations in Greene, Washington, Westmoreland Counties [PaEN]
-- DEP: CNX Gas Pays $310,000 Penalty For Violations During, After Pipeline Construction In Washington County [PaEN]
-- DEP Settlement With CNX For E&S Violations In Greene, Washington Counties Yields $180,000 Streambank, Fish Habitat Project [PaEN]
-- AG Shapiro: Southeast Directional Drilling Pleads Guilty To Contaminating Water Supply In Washington County, To Pay $15,000 Fine [PaEN]
-- AG Shapiro Charges National Fuel Gas Supply, Subcontractor With Environmental Crimes Related To Pipeline Construction In Washington County [PaEN]
-- DEP Orders Energy Transfer To Restore Waterways Impacted During Construction Of Revolution Pipeline In 4 Counties [PaEN]
-- DEP Rejects MarkWest Act 2 Cleanup Notification For 10,000 Gallon Natural Gas Condensate Spill At Compressor Station In Robinson Twp., Washington County, Notice Is Re-sent [PaEN]
-- Robinson Twp., Washington County Seeks Answers To Cleanup Of MarkWest Liberty Midstream 10,000 Gallon Spill Of Natural Gas Condensates After Company Sends Notice To Wrong Municipality [PaEN]
-- MarkWest Liberty Midstream Files To Clean Up 10,000 Gallon Natural Gas Condensate Spill Caused By December’s Winter Storm Elliot Freeze In Washington County [PaEN]
-- DEP Issues Violation To CNX Gas Company For Withdrawing Over 1.8 Million Gallons Of Water For Fracking For 22 Days Without Permission [PaEN]
-- PUC Approves 2 Penalty Settlements With Columbia Gas Totaling $1.525 Million For A House Explosion In Washington County, 2 Natural Gas Pipeline Over-Pressurization Incidents In Franklin, Clarion Counties [PaEN]
-- Gov. Shapiro, CNX Natural Gas Company Sign Statement Of Mutual Interests To Monitor Air Emissions At Drill Sites, Extend Safety Setbacks While Data Is Being Collected; DEP To Move Ahead With Some Reg Changes [PaEN]
-- TribLive Editorial: Is Shapiro's Voluntary Agreement With CNX The Right Move For Gas Well Safety? 'We Do Not Trust Foxes To Guard Henhouses' [PaEN]
Gas vs. Coal Development Impacts - Washington County
-- DEP Invites Comments On MarkWest Project To Expose 4 Natural Gas Pipelines For 5,500+ Feet Ahead Of Longwall Mining In Donegal Twp., Washington County
-- DEP Invites Comments On Proposed CNX Midstream Project To Expose Natural Gas, Water Pipelines To Prevent Longwall Mining Damage In Washington County
-- DEP Invites Comments On MarkWest Liberty Midstream Project To Expose 1 Mile+ Of 2 Natural Gas Pipelines To Prevent Longwall Coal Mining Damage In Washington County
-- DEP Reaches Settlement With CNX On Well Plugging Violations At 141 Conventional Coalbed Methane & Gas Wells, 5 Unconventional Gas Wells In 4 Southwest Counties
-- Center for Coalfield Justice Blog: Update On Underground Longwall Coal Mining In Greene, Washington Counties; Next DEP Report On Longwall Impacts Due… Soon [PaEN]
-- Act 54 Report Again Finds 40% Of Streams Suffered Loss Of Flow, Pooling, Reduction In Biological Activity Due To Impacts From Underground Coal Mining [PaEN]
More Articles:
Note: Click Here to search for Washington County articles in PA Environment Digest.
PA Oil & Gas Industry Public Notice Dashboards:
-- PA Oil & Gas Weekly Compliance Dashboard - Nov. 2 to 8 - 8,800 Gallon Shale Gas Wastewater Spill; Failure To Comply With Plugging Order; Spills, Releases, Gas Leaks [PaEN]
-- PA Oil & Gas Industrial Facilities: Permit Notices, Opportunities To Comment - November 9 [PaEN]
-- DEP Posted 71 Pages Of Permit-Related Notices In November 9 PA Bulletin [PaEN]
Related Articles This Week:
-- 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 [PaEN]
-- 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]
-- The Allegheny Front - Kara Holsopple: Longtime Environmental Official On PA Election Results: People Will Need To Be ‘As Tenacious As The Industry’
-- Protect PT, Three Rivers Waterkeeper Appeal DEP Permits For CNX Slickville Natural Gas, Shale Gas Wastewater Pipelines Project In Westmoreland County [PaEN]
-- 66 Water Withdrawals Now Restricted In Susquehanna River Basin Due To Low-Flow Water Conditions, Most Shale Gas-related [PaEN]
-- Penn State Extension Hosts Nov. 25 Webinar On Private Water Supply Testing, Education; Helpful To Those In Oil & Gas Drilling Areas Which May Impact Water Wells [PaEN]
-- Center For Coalfield Justice Hosts Dec. 12 Learn How To Effectively Advocate For Change Workshop In Washington County [PaEN]
NewsClips:
-- Observer-Reporter: Cecil Township Supervisors Approve Ordinance Increasing Setbacks For New Shale Gas Well Pads [PDF of Article]
-- Marcellus Drilling News: Cecil Township Supervisors Pull The Trigger On Frack ‘Ban’ Via Setbacks [PDF of Article]
-- Marcellus Drilling News: Marcellus Shale Gas Coalition Pushes Back Against Cecil Township’s 2,500 Foot Setback From Well Pads [PDF of Article]
-- Marcellus Drilling News: MarkWest/MPLX To Add Natural Gas Liquids Processing Plant At Harmon Creek Facility In Smith Twp., Washington County [PDF of Article]
-- Post-Gazette - Anya Litvak: As Fracking Turns 20 In Pennsylvania, Towns Consider New Regulations For Distance Between Homes And Well Pads [Cecil Twp., Washington County] [PDF of Article]
-- The Allegheny Front - Kara Holsopple: Longtime Environmental Official On PA Election Results: People Will Need To Be ‘As Tenacious As The Industry’
-- Observer-Report: Natural Gas Poised To Be Long-Term Energizer In Washington County [PDF of Article] [Last Of A Series]
-- Observer-Reporter Guest Essay: Celebrating 20 Years Of Marcellus Shale Natural Gas Development - By Dave Callahan, Marcellus Shale Gas Coalition & Jeff Kotula, Washington County Chamber of Commerce [PDF of Article]
-- TribLive: Pennsylvanians See Utility Bills Climb Despite Living In One Of America’s Most Productive Natural Gas States
-- Marcellus Drilling News: Coterra Energy Expands Curtailment Of Marcellus Drilling, Fracking; No Rigs In Marcellus Due To Low Prices [PDF of Article]
-- Marcellus Drilling News: CEO Of PA Fracking Services Company Says Shale Gas Drillers Are Idle, Hitting Rock Bottom Due To Low Natural Gas Prices [PDF of Article]
-- Pittsburgh Business Times: Deep Well Services Company In Southwest PA To Be Bought By United Arab Emirates Company
-- Marcellus Drilling News: Federal Court Agrees The Environmental Hearing Board Can Hear Appeals Of Transco’s Regional Energy Access Expansion Natural Gas Pipeline Project [PDF of Article]
-- Post-Gazette: Beaver County Styrene Plastics Plant To Shut Down In January Citing Aging Plant
-- TribLive: Pennsylvanians See Utility Bills Climb Despite Living In One Of America’s Most Productive Natural Gas States
-- Marcellus Drilling News: EQT CEO Says Shale Gas Needs To Get Back To Building Pipelines To Export Gas, For AI Boom [PDF of Article]
-- Pittsburgh Business Times: Appalachian Natural Gas Execs Say Demand Likely To Grow In Next Decade Thanks To Rise In LNG Gas Exports, Demand For Data Center Power
-- Utility Dive: FERC Rejects Interconnection Pact For Amazon Data Center At Talen Nuclear Power Plant In Luzerne County
-- Utility Dive: FERC’s Amazon, Talen Energy Ruling ‘Not The Final Word’ On Nuclear, Data Center Colocation: Constellation CEO
-- Reuters: FERC OKs Introduction Of Natural Gas To New LNG Gas Export Facility In Louisiana
-- Politico: European Union’s Opening Bid To Avoid Republican Tariffs: Buy More American LNG Gas
[Posted: November 8, 2024]
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