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PA Senate Republicans Reintroduce Bills To Eliminate State Appeals Of Pipeline Permits; Limit Grounds For Appeal Of Any DEP Permits; Punish Communities For Protecting Their Constituents Against Shale Gas Drilling Impacts

Senate Republicans again are introducing legislation to take away the right of appeals or punish local officials who want to protect their constituents from the environmental and health impacts of oil and gas development.

The bills introduced or announced so far this session include--

Punishing Local Officials Who Want To Protect Their Residents From Shale Gas Development: Senate Bill 102 (Bartolotta-R-Washington) punishes local elected officials who want to better protect their constituents from the documented adverse health and environmental impacts of shale gas development by prohibiting 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. Read more here.

The legislation was prompted by an ordinance adopted by Cecil Township in Washington County that establishes a 2,500 setback from shale gas well pads. The current minimum setback is 500 feet from a well bore. Read more here.

Sen. Bartolotta represents Cecil Township.

It was Senate Bill 1346 last session and never moved out of Committee.

Prohibiting State Appeals Of Natural Gas Pipeline Permits: Senate Bill 158 (Bartolotta-R- Washington) eliminates the ability of citizens, local governments and anyone else to appeal permits issued by DEP for natural gas pipelines and related facilities to the Environmental Hearing Board. Read more here.

Sen. Bartolotta contends the federal Natural Gas Act mandates the federal Court of Appeals for the Third Circuit has “exclusive jurisdiction over an appeal which challenges any state agency’s action in either approving or denying a permit when the state agency acts on the basis of federal law.”

That includes any permit DEP issue under the federal Clean Air Act (Air Quality), Clean Water Act (Chapter 102 Erosion and Sedimentation, Chapter 105 Encroachments) or other state permits issued in part under federal statutes.

The real story is federal courts have repeatedly upheld the right of citizens and other groups to appeal state permits for natural gas pipelines, including most recently in July. Read more here.

This legislation would simply take that right away.

It was Senate Bill 1216 last session and never moved out of Committee.

Significantly Narrow Grounds Of Appeal Of Any DEP Permit, Prohibit New Evidence: Senate Bill 159 (Bartolotta-R-Washington) would significantly narrow the grounds on which a citizen group or company could appeal DEP environmental permit decisions to the Environmental Hearing Board. Read more here.

The bill would prevent a citizens group or anyone else from raising issues DEP missed or new information made available after a public comment period held on a permit application.

The bill prohibits any party from presenting “new evidence before the Environmental Hearing Board that was not part of the record of decision considered by the Department.

Any party challenging the decision by the Department before the Board must demonstrate, by a preponderance of the [prior] evidence, that the Department committed an abuse of its discretion in denying or granting the permit application being appealed.”

It was Senate Bill 198 last session was passed by the Senate, and died in the House.

Bills Being Considered

The Senate Environmental Resources and Energy Committee is scheduled to meet January 27 on bills to establish an Independent Energy Office and to abrogate Pennsylvania's carbon pollution reduction program covering power plants consistent with RGGI.

The bills include--

-- Independent Fiscal Office: Senate Bill 187 (Yaw-R-Lycoming) establishing an Independent Energy Office like the Independent Fiscal Office [text not yet available - Senate Bill 832 last session which was amended to take permitting authority for power plants away from DEP and other agencies and give it to new politically-appointed authority, eliminating public review, waiving regulations. It was passed by the Senate, died in House. Read more here.]; and

-- Eliminate Carbon Pollution Reduction Program For Power Plants: Senate Bill 186 (Yaw-R-Lycoming) abrogates Pennsylvania's carbon pollution reduction program covering power plants consistent with RGGI [text not yet available - Senate Bill 1058 last session which was passed by the Senate, died in House. Read more here.]