Logic might dictate the best way to be fully informed would be to actually read the proposed legislation, Senate Bill 1100 and House Bill 1950. However, for most of us, that could be akin to torture. But, if you insist, there is some good news; as it now stands, the language of Senate Bill 1100 now appears in both bills. Whether this is just cut, copy and paste magic, and parts or all of HB 1950 will suddenly re-appear sometime during the legislature’s deliberations, we do not know, but for now you can follow this link to the wording in effect on 12-9-11: http://e-lobbyist.com/gaits/text/356777

Those of you who rely on analysis by a trusted - or reviled - source, we suggest a few, below.

As we are a sound bite and spin-oriented society, we wouldn’t want to disappoint you. For quick, easy reading to get you up to speed, as our Texas friends say, here are a few quotes across the spectrum of opinion:

“Allowing oil and gas operations as a permitted use in all zoning districts is inconsistent with the purpose of the Municipal Planning Code and municipal comprehensive plans. The taking of authority to accomplish coordinated development, safety, health, general welfare and comprehensive planning away from local governments and giving it to the state's Attorney General is unreasonable." Armstrong Township (Lycoming County) Supervisor and Chairman James Dunn 

“This legislation had the full support of the Pennsylvania State Association of Township Supervisors…”claimed Senator Gene Yaw, referring to PSATS in his e-mail to people who contacted him on SB1100.

“Let me share a couple erroneous statements made to me in recent days":  



1. PSATS endorsed HB1950 and SB 1100…..FALSE 



2. PSATS is leading the charge to strip local government of their role……FALSE

3. PSATS doesn’t care about the health and safety of our communities and residents…..ABSOLUTELY FALSE
… As we move forward, the Corbett Administration is still committed to the total stripping of local authority (way BEYOND zoning) through complete preemption, and is pushing the legislature to eliminate local determination in every way.

 PSATS will continue to fight for a local role in this important economic development opportunity so long as it is done environmentally safely and not at a cost to local taxpayers. But we need your help! 

Please call your State Representative, State Senator, and Governor Corbett (717-787-2500) and tell them you oppose the re-insertion of pre-emption to exclude local government in any Marcellus legislation!
 “ David M. Sanko
 Executive Director
, PA State Association of Township Supervisors, in an e-mail to Roulette Township Supervisors Secretary/Treasurer Jonathan Huff as reported Solomon's Word blog http://solomonswords.blogspot.com/2011/12/pa-state-association-of-township.html

“… while legislative leaders have reached a compromise favorable to the state’s leading business organizations on zoning, the two chambers are still at oddswith each other and the Corbett administration on other important aspects of the proposals…One key component upon which the business groups agreed with the Legislature is the zoning compromise that would allow local officials to regulate oil and gas so long as laws provided for “reasonable” development of oil and gas. Local officials and gas companies would also be able to request that the Attorney General review an ordinance to determine whether it allowed reasonable development….'We… support legislation that sets our clear, statewide, uniform standards reserving to our local governments their relevant zoning powers,' the business organizations wrote…..However, it’s unclear whether the Corbett administration is open for changing their stance on the zoning aspect of the legislation. In November, the governor actively pushed for a plan that would totally negate all local zoning on Marcellus Shale drilling.”  Kevin Zwick, Capitalwire Staff Reporter 12/8/11  http://pennsylvania-solutions.blogspot.com/2011/12/pa-marcellus-news-digest-december-8.html

“The legislation requires municipalities’ ordinances to 'provide for the reasonable development of minerals'. What’s reasonable? By and large, that’s for the Attorney General and the Commonwealth Court to decide… the legislation would allow the Attorney General to file suit against the local government in Commonwealth Court, in order to invalidate the ordinance. Effectively, the Pennsylvania Attorney General would be suing on behalf of an aggrieved drilling company. If a special master appointed by Commonwealth Court rules on the driller’s behalf, the court would have the power to make the municipality pay both sides’ legal fees.” Scott Detrow, State Impact/NPR November 18, 2011.

https://stateimpact.npr.org/pennsylvania/2011/11/18/preemption-language-gone-but-pennsylvanias-impact-fee-would-still-limit-local-governments/

“The bill also establishes an appeals process for operators through the Attorney General’s Office regarding local zoning ordinances…Senate Bill 1100 does not preempt local municipalities from passing zoning ordinances related to natural gas development. Simply, it allows an operator or person with a royalty interest to developable land to request the Attorney General to review a local ordinance to determine whether it allows for the reasonable development of oil and gas.”  Senator Yaw, in his e-mail to those who contacted him on the legislation. 

“Both bills would require local governments to allow gas operations in all zones, including residential. This would eliminate the ability of townships to take steps to protect the health and quality of life of residents and the aesthetics and character of communities. Importantly, many citizens of the Commonwealth could see decreases in the value of their home and property.” Nadia Steinzor, Earthworks Fact Sheet (scroll down to the end of page to read what Nadia Steinzor wrote)

“Pennsylvania Supreme Court rulings have made it clear that the state Oil and Gas Act gives municipalities the right to use our zoning code to restrict the location of gas wells—similar to how we sometimes restrict other types of economic activity through zoning…We also believe that local decision making is part of a democratic society. We have been elected and appointed to fully represent the interests of our constituents. This includes the right of municipalities to determine what is best for their communities and residents.”  11/16/11 letter fromlocal officials to the General Assembly  http://www.pacleanwatercampaign.org/gasdrilling/local-officials-sign-letter-to-state-legislature-defending-local-rights/

“SB 1100 makes sweeping new restrictions on what towns can do with their zoning. Well pads and frack pits full of chemicals will be allowed as close to 300 feet to your home, or your child’s school… the restrictions would make it almost impossible for townships to exercise their rights and obligations to protect their residents, businesses, and community quality of life.”  Myron Arnowitt, state director of Clean Water Action  http://stateimpact.npr.org/pennsylvania/2011/11/18/preemption-language-gone-but-pennsylvanias-impact-fee-would-still-limit-local-governments/

“The bills significantly limit municipal land use authority. While neither bill expressly preempts all local land use regulations, it is not clear what meaningful role would remain for local governments. Because of ambiguous drafting and the extent of statewide regulations included in the bills, there is a risk that the legislation could be interpreted to occupy the field of oil and gas regulation and thus fully preempt local zoning authority. Further, on their face, the bills take away the most important zoning tool available, which is the ability to identify which zoning districts are appropriate for which activities. Under SB 1100 and HB 1950, each municipality would be required to allow gas drilling operations in every zoning district.”  Jordan B. Yeager, Esq., Curtin & Heefner, LLP, Memorandum, “Limitations on Local Zoning Authority Under HB 1950 and SB 1100, 12/4/11  http://www.delawareriverkeeper.org/resources/Reports/Memo%2011-03-11%20re_%20Proposed%20Amendments%20to%20Oil%20%20Gas%20Act.pdf

"Pre-emption Language Gone, But Pennsylvania's Impact Fee Would Still Limit Local Governments."  State Impact (NPR), November 11, 2011

https://stateimpact.npr.org/pennsylvania/2011/11/18/preemption-language-gone-but-pennsylvanias-impact-fee-would-still-limit-local-governments/

Responsible Drilling Alliance:

The Responsible Drilling Alliance, of course, has an opinion on impact fee legislation. For those of you not familiar with us, RDA is a grass roots organization comprised of citizens who are interested in and concerned about the development of shale gas drilling in our neck of the woods, our state, and around the world. A 501-C3 non-profit, RDA was founded in 2009 by 4 Williamsport area residents, Jon Bogle, Janie Richardson, Robert Cross and Ralph Kisberg. Of the four, two have or had gas leases, one will only have a lease on his country retreat property over his dead body, one owns 21 apartment units in downtown Williamsport, one has chronic respiratory problems, one is a business owner/job creator, and one’s life and no doubt property value has been severely impacted by a compressor station located on a neighbor’s property a quarter mile from the family home of over 30 years. 

In other words, we are typical of any group of people in the area. Some of us stand to benefit from gas development, some of us hate it, all of us love this area, especially our topography, our waterways and pubic forests and the overall environment we have chosen to live in (at least the way it was before the endless trucks, drill rigs, pipelines and compressor started to appear). All of us, like most of you, have serious concerns about the future of the area and what gas development means for the long term future here.

There are other issues regarding the impact fee legislation we chose not to focus on in the Sun Gazette ad as we feel the right to local determination of community standards is something we as a community should able to unite on across the political spectrum.  At this point, we will all see the basic right of our communities to make their own zoning standards radically altered unless our political leadership hears a loud and clear message from and an overwhelming number of us.  

If you have concerns about big government, or the power of corporations to influence the political process, or just your neighborhood and the value of your home, we urge you to look into this facet of the proposed impact fee legislation and then get involved and attempt to get your friends, neighbors and family involved.

Send a clear message to the Governor and the legislature that, while sensible minimum standards for gas development are necessary, communities must be left to control their own destiny, and decide for themselves where best to allow for gas development. As it stands now, if this legislation passes, that right will essentially be taken out of our hands.

Let’s be clear on one thing: we are not trying to stop gas development or anyone’s right to the gas under their property; that would be a gigantic waste of our time and surely would be overturned through legal challenges. The passing of ordinances banning “fracking” in some communities has been cited as the reason the heavy handed and convoluted process for review of ordinances was put in the legislation. This is simply ridiculous, as are those illegal ordinances

The gas industry is here to stay. They are quite capable of extracting gas from almost 2 miles away from a well pad now. Figuring out how to maximize exploitation of the resource, within the boundaries communities set is their problem and they will figure out a way to solve it. A good number of people in our region stand to benefit  from gas development, but it is not necessary for anyone to benefit at the expense of their neighbors. Look at the pictures in our Sun Gazette ad, they are all from Pennsylvania. Your neighbor has the right to host a well pad and see his gas extracted, but if your township decides that a 300’ set back from the edge of the well pad is not acceptable in some of its zones, why shouldn’t they be able to say, “Sorry, not good enough in this part of our community”? SB 1100 and HB 1950 would, in all probability, take that decision-making authority away. It would also allow for your neighbor to have a compressor station placed 750’ from your home. This may sound acceptable to some, but if your community decides that is not so in all of its zoning districts, it ought to have the right to say so. Ask those residents of Mifflin Township who have lived with problems from noise and emissions from the Canoe Run Compressor station for the past couple of years if they think even a ¼ mile setback has proven acceptable to their quality of life and resale prospects in their neighborhood. 

Thanks you for taking the time to read this. If you like what we have presented here today and would like to join us, membership in RDA is free. Go to the homepage of our website: www.responsibledrillingalliance.org and find the ‘’join” tab. Joining RDA will allow you to receive our e-newsletter, where we report and comment on gas issues locally, around the state, the nation, and occasionally, the world. If you really like what we are doing, donations are welcome to help keep us going. There is a link to donate on the website. If you prefer not to join us but would like to keep informed on what we have to say, check the website each week for the newsletter or “like” RDA on Facebook.

Responsible Drilling Alliance, Board of Directors

Ralph Kisberg

Robert Cross

Janie Richardson

Barbara Jarmoska

Mark Szybist

Jen Slotterback

P.O. Box 502

Williamsport, PA 17701

For those who seek out the opinions of our elected officials, we provide you below with letter's by our area legislators: Representative Everett, Senator Yaw, and Representative Mirabito.

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