Posts Tagged ‘House Transportation Committee’

The Luzerne County legislator has higher hopes for another bill related to drilling.

By Andrew M. Sederaseder@timesleader.com
Times Leader Staff Writer

State Rep. Phyllis Mundy said her proposal to establish a one-year moratorium on the issuance of new permits for drilling in the Marcellus Shale formation is well intentioned, but she does not believe it has the support of enough of her colleagues to be passed this year.

“The moratorium bill is a long shot,” Mundy, D-Kingston, said on Thursday, responding to questions related to two bills and a resolution she introduced on Wednesday. The three were referred Thursday to the state House Committee on Environmental Resources and Energy.

House Bill 2608 would prohibit natural gas drilling companies that use fracking, or horizontal drilling, from drilling wells within 2,500 feet of a primary source of supply for a community water system, such as a lake or reservoir. The current restriction is only 100 feet.

That bill gained the largest number of cosponsors, including the other six state representatives who serve Luzerne County: Karen Boback, R-Harveys Lake; Mike Carroll, D-Avoca; Eddie Day Pashinski, D-Wilkes-Barre; Todd Eachus, D-Butler Township; Jim Wansacz, D-Old Forge; and John Yudichak, D-Plymouth Township. In total, the bill has 47 cosponsors, and Mundy.

She said that legislation has the best chance of being approved, but it will likely have to be offered as an amendment to another bill.

House Resolution 864, if approved, would urge the U.S. Congress to pass the Fracturing Responsibility and Awareness of Chemicals (FRAC) Act. The resolution urges Congress to repeal a provision in the federal Safe Drinking Water Act, known as the “Halliburton loophole,” that exempts oil and gas drilling industries from restrictions on hydraulic fracturing near drinking water sources.

The act would also require oil and gas industries to disclose all hydraulic fracturing chemicals and chemical constituents currently considered proprietary rights of the company.

That resolution has the support of Mundy and 43 of her colleagues who signed on as cosponsors. Eachus, Pashinski, Wansacz and Boback were the other Luzerne County representatives who signed on as cosponsors.

House Bill 2609 seeks to establish a one-year moratorium on the issuance of new natural gas drilling permits, which Mundy said would give state officials more time to analyze the drilling industry and ensure proper protections are in place and if they’re not, what measures should be enacted.

That bill received the cosponsor support of 18 of Mundy’s colleagues, but of her fellow Luzerne County Caucus members, only Pashinski signed his name as a cosponsor. Two Lackawanna County-based state House members signed on, Kevin Murphy, D-Scranton, and Ed Staback, D-Sturges. They were among a handful of House members who signed their names as cosponsors to all three measures.

Mundy’s opponent in November, Republican Bill Goldsworthy, said the 20-year lawmaker is using Marcellus Shale exploration “to help her re-election campaign.”

“First Ms. Mundy votes to increase spending and pay for it with a new tax on gas drilling, then turns around and calls for that drilling to stop. This is the type of political double-talk that has gotten our state where we are today,” said Goldsworthy in a written statement.

Goldsworthy, the mayor of West Pittston, said he supports gas exploration, as long as it is done in an environmentally responsible manner.

“I do not think a moratorium would pass the House at this point, let alone the Senate. Perhaps a few more disasters will change people’s minds,” Mundy said, continuing to voice frustration with the way things work in Harrisburg that she expressed at a House Transportation Committee field hearing in Scranton two weeks ago. At that time, speaking about the gaping hole in the transportation budget and the state of disrepair of hundreds of roadways and bridges throughout the state, she quipped “We in Pennsylvania don’t do anything unless there’s a crisis.”

In addition to Mundy, Pashinski, Staback and Murphy, only 14 representatives signed their names as cosponsors on all three pieces.

Copyright: Times Leader

Legislators want adequate tax share for municipalities fiscally hit by gas drilling.

STEVE MOCARSKY smocarsky@timesleader.com

Much legislation has been written recently to address concerns about natural gas drilling into Pennsylvania’s Marcellus Shale, but little has been signed into law.

And one issue, it seems has been overshadowing and holding up action on all the others: a state severance tax on natural gas extraction.

Several bills addressing a severance tax have been put forward by state legislators, and Gov. Ed Rendell also has proposed implementing such a tax.

“The biggest concern for legislators is that an adequate portion of a severance tax would come back to local governments that are financially impacted by drilling activities,” said Adam Pankake, representing Sen. Gene Yaw, a Republican from Lycoming County and one of the few legislators to have a Marcellus-related bill he sponsored signed into law.

Senate Bill 325, sponsored by Rep. Anthony Melio, D-Levittown, didn’t muster much support in the House because it authorized an 8-percent severance tax, all of which would go to the state’s General Fund, Pankake said.

State Sen. Raphael Musto, D-Pittston Township, proposed a severance tax plan in Senate Bill 905 that mirrors Rendell’s plan, directing all proceeds of a 5-percent tax and a 4.7-cent charge on every 1,000 cubic feet of gas extracted into the General Fund.

A bill by state Rep. Bud George, chairman of the House Environmental Resources and Energy Committee, would send only 60 percent of a 5-percent tax to the General Fund.

The remainder would be divvied up, sending 15 percent to the Environmental Stewardship Fund; 9 percent split evenly between counties and municipalities in which wells are drilled; 5 percent to the Liquid Fuels Tax Fund; 4 percent split evenly between the Game and Fish and Boat commissions; 4 percent to the Hazardous Sites Cleanup Fund; and 3 percent to a program to help low-income residents with heating bills.

A bill sponsored by Sen. Andrew Dinniman, D-West Chester, would send half of a 5-percent severance tax to the General Fund. Another 44 percent would be split evenly between the Environmental Stewardship Fund and municipalities in which a well was drilled; the remaining 6 percent would be split between the Game and Fish and Boat commissions.

Legislators are also considering severance tax models used in other states, such as a phase-in approach used in Arkansas, Pankake said.

Marcellus-drilling industry advocates describe it as a fledgling industry that a severance tax could cripple because of the financial resources needed to build a pipeline infrastructure where none previously existed.

Matthew Maciorski, spokesman for state Rep. George, D-Clearfield County, said severance tax legislative proposals have been “coming in fast and furious. Everyone has their own take on how the revenue should be divided.”

Maciorski said Marcellus Shale issues are “very complicated and integral to the whole budget debate.”

Some legislators use some pieces of legislation as bargaining chips in negotiations with the gas industry. For example, the industry doesn’t support a severance tax, but the industry is pushing for a law authorizing forced pooling – compelling landowners who don’t wish to lease their mineral rights to be part of a drilling unit with others that do.

“Sometimes there are alliances that have to be built. &hellip Sometimes we rely on members to tell us when it’s time to strike. It gets complicated going between the House and the Senate. Members want to have all their ducks in a row to prevent there being (additional delays) in the process,” Maciorski said.

Bob Kassoway, director of the House Finance Committee for the Democratic Caucus, said any severance tax bill will likely be passed as part of the 2010-11 state budget, and it’s likely that little if any other Marcellus-related legislation will be passed until that happens.

Sen. Yaw was pleased that Act 15 was signed into law on March 22. Based on his Senate Bill 297, it repeals five-year confidentiality for gas production financial records and requires well operators to submit semi-annual reports to the state. It also requires the state Department of Environmental Protection to post well data online.

But while the debate continues over the severance tax, legislation on issues important to lease holders, to residents with environmental concerns and to members of the gas industry continue to languish in the House or Senate or their committees.

In addition to severance tax legislation, there are at least four Marcellus-related Senate bills and at least 17 House bills pending.

For example, legislators are holding off a vote on Rep. Bill DeWeese’s House Bill 10, which would enable counties to assess value to gas and oil for taxation purposes, likely because it hasn’t been decided what – if any – percentage of a severance tax will go to counties.

Introduced 16 months ago, House Bill 297 remains in the House Transportation Committee. Sponsored by Rep. Mark Longietti, D-Hermitage, it would require the state Department of Transportation to publish by the end of the year a revised schedule of bonding amounts for roads damaged by heavy truck traffic and to update the amount at least every three years.

PennDOT last revised the schedule in 1978, Longietti said, leaving officials in municipalities damaged by drilling trucks with insufficient guaranteed funding to repair their roads.

Rep. George’s House Bill 2213, which increases bonding amounts for wells, boosts the number of required well inspections by DEP and adds protections for water supplies, has gained much local support. But after an amendment in the House Environmental Resources and Energy Committee in May, it was re-committed to the House Appropriations Committee.

Sen. Lisa Baker, R-Lehman Township, announced in May she is working on a series of bills to provide additional protections to drinking water sources that could be harmed by drilling.

State Rep. Karen Boback, R-Harveys Lake, issued a statement last week stating that she also was working to develop legislation to protect drinking water from gas drilling practices.

Painfully aware of the slow legislative pace in Harrisburg, Boback is urging the governor to issue an executive order implementing additional protective rules before more well-drilling permits can be issued.

Copyright: Times Leader