'A Win for Local Government'

Over five months ago, the Pennsylvania Legislature passed House Bill 1950 (HB 1950), which later became Act 13, a comprehensive law that deals with many aspects of the Marcellus Shale and how the industry operates in our state. Included in the new law are annual well fees, updates of various regulations, and the duties of the Public Utility Commission and the Pennsylvania Department of Environmental Protection (DEP). One of the most controversial portions of Act 13 deals with local government zoning controls or the lack thereof.

When it comes to local issues, the people who live in these municipalities are often the ones who know what is best when it comes to their communities. Many feel that Act 13 strips municipalities of their rights and inhibits the local governments’ ability to protect the health and safety of their residents. In fact, the law forces municipalities to accept oil and gas drilling operations, pipelines, and compressor plants in every district, including residential areas. For that reason, seven municipalities sued the state on constitutional grounds. They were backed symbolically by 67 municipalities and counties that signed letters criticizing Act 13.

On July 26th, by a 4-3 decision, judges on the Commonwealth Court ruled that Pennsylvania cannot require municipalities to allow drilling in areas where it would conflict with their zoning rules. Now, local communities can once again decide whether and under what conditions and circumstances drilling can occur in their communities.

Specifically, the Commonwealth Court removed provisions in the law making gas wells and pipelines a permitted use in all zoning districts, forbidding municipalities from imposing more stringent zoning regulations than those imposed on other industries. The majority opinion issued by President Judge Dan Pellegrini declared this part of the law as “unconstitutional, null and void.” Judge Pellegrini continued to say Act 13 “violates substantive due process because it allows incompatible uses in zoning districts and does not protect the interests of neighboring property owners from harm, alters the character of the neighborhood, and makes irrational classifications.”

The majority ruling also overruled a section of Act 13 that allowed state regulators to waive setback requirements for gas wells in some environmentally sensitive areas. The court found these regulations lacked adequate standards to guide and restrain the powers delegated to DEP.

Two democrat and two republican judges constituted the majority opinion followed by three republican no votes. The rest of Act 13 will remain in place, including the impact fee. The decision grants a reprieve to townships that had about two weeks remaining to overhaul their ordinances before an injunction delaying the section of the new law was to expire. The Corbett Administration has already filed an appeal against the ruling and the case will now most likely go before the Pennsylvania Supreme Court.

I voted against Act 13 and one of the main reasons was because I felt the law took control away from the locals and instead gave the authority to the industry and state government.  Municipalities were created so people and the community would have a greater say in how their local government operates. The Marcellus Shale industry has great potential in the future of the Commonwealth if things are done correctly. However, we the people, who live here after all, are the ones with the closest links to the land and will be the ones most affected by any changes.

Senator Wayne D. Fontana
42nd Senatorial District
www.senatorfontana.com