Pennsylvania Senate Republicans to Reintroduce Bills Limiting Citizen Rights:
- To Appeal DEP Permit Decisions
- Punish Communities That Take Steps to Protect Themselves Against Shale Gas Development Impacts
POSTED BY:PA Division of Izaak Walton League of American
By David E. Hess | PA Environment Digest Blog
Dec 5, 2024
Sen. Camera Bartolotta (R-Washington) and Sen. Gene Yaw (R-Lycoming) announced plans to reintroduce legislation in the new session to limit the rights of citizens to appeal DEP permit decisions and punish communities that take steps to protect themselves against shale gas development.
The bills include:
FIRST BILL:
Punish Communities: Co-sponsor memo from Senators Bartolotta and Yaw invites colleagues to again sponsor what was 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.”
The legislation was introduced in response to action taken by Cecil Township, Washington County Supervisors on November 4 to adopt an ordinance establishing setbacksfrom 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.
SECOND BILL:
Take Away Rights To Appeal DEP Permit Actions: Co-sponsor memo from Sen. Bartolotta that she was reintroducing Senate Bill 198 that would significantly narrow the grounds on which a citizen group or company could appeal DEP environmental permit decisions to the Environmental Hearing Board.
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 Senate passed this legislation in June 2023, but prior to final passage, the bill was specifically amended to prohibit any party from presenting “new evidence before the [Environmental Hearing] Board that was not part of the record of decision considered by the Department. Read more here.
No action was taken on the bill in the House.
More: YAW LAW: Pennsylvania GOP Legislation ‘May Day!’
THIRD BILL:
Prohibit State Appeals Of Natural Gas Pipeline Permits: Co-sponsor memo from Sen. Bartolotta announced plans to reintroduce Senate Bill 1216 to eliminate 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.
She 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.
Republican History Of Limiting Rights, Punishing Communities
The original announcement of the legislation to punish communities 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 it was not introduced last session, 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.
[Posted: December 5, 2024] PA Environment Digest
