The Marcellus shale impact fee bill working its way through the state legislature would take away a local municipality's ability to regulate the industry. The industry says this is as it should be--it ensures a predictable set of rules for each company to operate in throughout the state. But local towns, boroughs and cities want to have a say about how and where drilling within their borders takes place. State Impact PA's Scott Detrow went to a meeting in Green Tree to hear what these officials had to say. STANDALONE AUDIO FOR THIS PIECE IS NOT AVAILABLE.
HOST:
Both impact fees in front of Pennsylvania lawmakers would deliver thousands of dollars to municipalities hosting Marcellus Shale wells.
Yet, many local officials are now speaking out against the legislation.
StateImpact Pennsylvaniaís Scott Detrow went to a unique town hall meeting in the Pittsburgh suburb of Green Tree this week. There he found more than two dozen township managers and other local officials speaking out against the legislation. Their main gripe: they donít want the state to take away local ability to restrict the drilling that takes place in cities, boroughs and towns.
DETROW: Local officials from seven counties filled the Green Tree Municipal Building, and railed against the two impact fees for more than two hours. They're concerned about language tying municipalities' hands, when it comes to zoning and regulating natural gas drilling.
Rich Grossman, a planner in Slippery Rock, Butler County, was one of the first speakers. He pointed out that as a university town, Slippery Rock has dealt with its share of zoning headaches. Planners recently issued their first conditional use permit to a Marcellus Shale rig.
GROSSMAN: And the township's position on that is they plan carefully for where in this unique community the development of oil and gas can occur, just as they plan carefully in their unique community, where appropriate places are for fraternity houses, light and heavy industry, and commercial uses.
DETROW: He's worried the two impact fees would erode local power.
GROSSMAN: If the state legislature preempts the ability of a municipality to regulate this one industry, why not preempt the ability to regulate every industry.
DETROW: Supporters of the bills say that's already the case. Municipalities can't pass their own gun control laws in Pennsylvania, and local driving regulations are strictly limited. The impact fee's zoning restrictions are based on the 2005 ACRE law, which bars local governments from zoning most agricultural activities. Kathryn Klaber heads the Marcellus Shale Coalition, which represents drillers in Pennsylvania. She says the industry needs statewide zoning consistency in order to keep growing.
KLABER: The clarity, what is so important, is that you understand what's coming. And companies can plan for ñ and the natural gas industry plans for quite a few regulations and requirements.
DETROW: Several of the speakers at the meeting acknowledged the industry position, but countered, saying, communities need clarity, too.
People want to move into a neighborhood, and know a factory or strip mall wonít be built next door.
Richard Ward, the manager of Robinson Township, Washington County, says that consistency comes from zoning.
WARD: It allows us to predict how and when and where things are going to happen in our communities. That, to me, is more important than balancing that against the needs of the industry. Not saying the needs of the industry are not important, but I believe the needs of the population outweighs that.
DETROW: The crowd grew feisty as the meeting wore on. Pittsburgh City Councilman Doug Shields stirred the pot, railing on big energy companies for their large profit margins, and then blasting the impact fee's plan to let the state Attorney General decide whether local zoning measures are reasonable.
SHIELDS: The Attorney General's going to be the final arbiter of everything? When the hell did the attorney general become the Supreme Court of the commonwealth of Pennsylvania? [applause]
DETROW: But the legislation is far from a done deal. House and Senate leaders are still negotiating the final measure's details. They haven't agreed on whether a fee would be issued by the county or state, among other issues.
Wanda Godfrey of Murrysville, Westmoreland County, said she's skeptical local governments can stop it, at this point.
GODFREY: I think whatís going to happen is we're going to have to do some kind of a lawsuit. I think we are going to have to get organized as townships.
DETROW: Scott Detrow, StateImpact Pennsylvania.
HOST: These local officials may ring in the new year by leaning on their state reps and senators to change the bill. The legislature has adjourned for the year and will take up the measure in January.