Local Officials Voice Opposition to State Control of Marcellus Shale Drilling

Some were for Marcellus Shale gas drilling and others weren’t, but it was clear Tuesday night that none present supported a combined House and Senate bill that would allow drilling in all municipal zones.

Noting concern for the rights of citizens and an interest in keeping the power to make decisions about where Marcellus Shale drilling can take place, local lawmakers from 40 western Pennsylvania municipalities showed up at a packed town hall meeting in Green Tree with the hopes of halting progress of the bill, which combines House Bill 1950 and Senate Bill 1100. 

Both bills propose to amend Title 58, the state’s Oil and Gas Act.

House Majority Leader Mike Turzai, whose 28th legislative district represents Pine and Richland townships, is a co-sponsor of the bill.

The local lawmakers present, representing six or seven counties and more than 40 individual communities, oppose the bill. They say it would take away the rights of local government to establish zoning that protects the property and character of its community.

Officials from Robinson Township, South Fayette Township, Murrysville, Cecil Township and several other areas discussed their views. 

“One use for all as proposed by these two state laws is not the answer,” Peters Township Councilman David Ball said.

Currently, municipalities are able to say where gas drilling can take place in their communities and exert some control over how it is done. The proposed bill would put into place statewide regulations that would take the place of those individual regulations. 

in July when the Board of Supervisors voted unanimously to amend the township's zoning ordinance.

Until then, Richland Township had minimal gas drilling regulations, said Solicitor Charles Means.

"The amount of regulations and things that have to be covered is greatly expanded," he said, as he summarized 13 pages of regulations that replaced the previous half page of requirements.

The new rules permit gas and oil wells, natural gas processing plants and compressor stations, subject to certain limits. A special exception permit would be required.

Drilling is allowed only in the commerce/industrial [CM] and restricted light industrial [M] districts.

The new regulations govern truck traffic, noise, fencing and netting around ponds, odor, stormwater disposal and more.

The ordinance also requires drillers to provide emergency-service providers with a site visit, orientation, emergency plans and maps so they can respond adequately.

Officials at Tuesday's town hall meeting expressed concern over whether the bill would prevent them from carrying out what their communities want.

“It’s the governed that runs the place, not the elected,” Ball said. “We are best positioned to understand where this position comes from and where it should be applied.”

A number of those present described the bill as unconstitutional and said it takes away the power of local governments.

“We hope for people to awaken to what is really happening in local government,” said Michelle Bertini, a Butler County resident.

“There’s a potential to lose their power to govern local municipalities. Right now it can be for the oil and gas industry, but this could be a precedent.”

In terms of the bill, Robinson Township Manager Richard Ward described the time as being not midnight but close to it. 

While those present were urged to contact lawmakers in Harrisburg in the hopes of tabling the bill until it could be discussed with those at the local level, the bill could pass as soon as Wednesday.

If it does, the matter could go to court, Ward said.

He hopes opposition to the bill gains support not only in western Pennsylvania, but across the state.

Cindy Cusic Micco contributed to this article.