UPDATED: Proposed Marcellus Shale Legislation Gets Mixed Reviews

Editor's Note: This story was modified at 10:37 a.m. to include a statement from Range Resources.

lamented legislation unveiled Wednesday that would implement an impact fee and pre-empt local ordinaces regarding Marcellus Shale—saying that it doesn't do enough.

"If this bill is approved, it would be easier for someone to put a compressor station in your backyard than for you to put an addition on your house," he said. "Some people have called Marcellus Shale drilling the goose that lays the golden eggs, and I agree. But just because a goose lays golden eggs doesn't mean you let it run around pooping on your yard."

He said he wanted to be clear: He is for drilling.

"I'm for drilling. I am for jobs," White, D-Cecil, said. "But it isn't fair to tell people that the only thing standing in the way of everything good are local ordinances."

And White said that while drilling companies have bemoaned local ordinances—and specifically the conditional-use process—because of what they call a lack of consistency and uniformity, he has seen a different picture.

He cited Cecil, Mt. Pleasant and South Fayette, both of which have conditional-use ordinances, and asked how many hearings drilling companies participated in before lodging complaints.

"They never went through one hearing before they sued or threatened to sue," he said. "Yet, the same companies went through conditional-use hearings in other neighboring communities. Why is it OK one place and not the other?"

White added: "(The drilling companies) lack of uniformity and consistency have been dividing towns for a lond time now, and it has to stop," he said. "But they don't want to have the conversation."

Pennsylvania Budget and Policy Center, a nonpartisan, statewide policy research project, also bemoaned the new legislation.

Director Sharon Ward issued the following statement:

“Citizens and local officials are being steamrolled by lawmakers in Harrisburg who are giving in to industry demands for an end to local zoning authority over gas drilling in exchange for a tiny drilling fee.  

“House Bill 1950 strips authority from cities, boroughs and towns to regulate local gas drilling activity—a right protected by state law and upheld by the state Supreme Court. Property owners across the Commonwealth stand to be affected. Towns with active gas drilling will find their carefully considered zoning laws eviscerated, while property owners hundreds of miles from active drilling sites could find a pipeline running through their subdivision or a compressor station next to their playground, with no recourse. 

But Southpointe-based Marcellus Shale company Range Resources disagreed.

"These measures are the first steps in ensuring that all municipalities have regulations and standards for natural gas development. Much of the public attention is on the more affluent communities that enact ordinances, but the majority of Marcellus communities have no local rules or regulations. That's not fair and that's not acceptable for only certain communities to have standards," Spokesman Matt Pitzarella said in a statement. "If all communities followed the path of some in our area, the total cost for local governments in to develop and enact rules could be well in excess of $100 million. Rather this bill combined with the potential for significant impact fee revenues will ensure local communities do not incur any costs and in fact, see revenue spikes, which in turn help keep taxes lower. As is the case in virtually all other drilling states."

The Marcellus Shale Coalition, an organization committed to the responsible development of natural gas from the Marcellus Shale representing industry members, also lauded the legislation.

Marcellus Shale Coalition President Kathryn Z. Klaber commended members of the Pennsylvania House Finance Committee for its passage of H.B. 1950, and made the following statement:

“Today’s action brings the Commonwealth one step closer to a comprehensive and uniform set of statewide environmental and safety standards. The establishment of a predictable framework of heightened health, safety, and environmental protections will benefit all Pennsylvanians, particularly those residing in nearly half of the Commonwealth’s communities in the Marcellus fairway without formal zoning rules.

“Today’s vote is a key step in an ongoing legislative process, and we look forward to continued discussions with the Governor, Senate leaders, and a variety of stakeholders to further refine these proposals to ensure we maximize the economic, environmental, and energy security benefits of clean-burning natural gas for all Pennsylvanians.”