Posts Tagged ‘Pittston Township’

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

That situation could shift, says co-author of study of political donations.

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

While natural gas companies and their related political action committees have given millions of dollars to elected officials throughout Pennsylvania since 2001, the donations have not flowed as heavily into the coffers of politicians serving Luzerne County.

One of the authors of a report that looked at the correlation of campaign contributions and legislation related to the natural gas drilling industry predicted they soon will.

A study released this week by the non-profit organization Pennsylvania Common Cause, takes a look at the link between gas firms and political donations and finds that since 2001, the industry has contributed $2.8 million to political candidates in Pennsylvania.

The study, titled “Deep Drilling, Deep Pockets” also reports that since 2007 the industry has spent $4.2 million to lobby members of the state legislature and the Rendell administration.

“I think part of the industry’s success is cultivating people at the very top,” said James Browning, director of development for Pennsylvania Common Cause and one of two men who put the report together.

The report includes a list of the top 25 recipients of the funding from Jan. 1, 2001 through April of 2010. At the top of the list is state Attorney General Tom Corbett, a Republican candidate for governor. He received $361,207, according to the report. Two previous gubernatorial candidates also made the list – Mike Fisher, who lost his bid in 2002, accepted $98,386, and Lynn Swan, who lost his bid in 2006, took in $351,263. Both men are Republicans.

Gov. Ed Rendell is sixth on the list. The Democrat from Philadelphia has accepted $84,100 in campaign contributions over the past nine and a third years. Current Democratic candidates for governor Dan Onorato, $59,300 and Jack Wagner, $44,550, ranked seventh and 10th respectively.

Others on the list include current and former judges, a former lieutenant governor, a candidate this year for that same post, a former candidate for the state House and numerous current members of the General Assembly.

Not one of the seven state House members or four state senators who represent Luzerne County made the top 25 list. In fact, according to records on the Department of State website and those provided by Pennsylvania Common Cause, campaigns for four of the seven House members did not receive one dime from the gas companies. The four are: Jim Wansacz, D-Old Forge; Phyllis Mundy, D-Kingston; Eddie Day Pashinski, D-Wilkes-Barre; and Mike Carroll, D-Avoca.

Rep. Karen Boback, R-Harveys Lake, accepted $250 from Chesapeake Energy Corp. Fed PAC on Oct. 9, 2009. Boback said that money was accepted by mistake and returned two months later. She said it is her policy “not to solicit or accept contributions from oil or gas companies.”

Rep. John Yudichak, D-Plymouth Twp., accepted $250 on April 10, 2008, from the PAC affiliated with Dominion Energy. Rep. Todd A. Eachus, D-Butler Township, accepted $500 from EQT Corp. PAC on July 2, 2009; $500 from EXCO Resources PAC on Oct. 20, 2008; and $250 from Equitable Resources, Inc. PAC on Sept. 30, 2008.

Of the four senators who represent a portion of Luzerne County, Bob Mellow, D-Peckville, took in the most at $3,000. That encompasses eight total donations, four from the Equitable Resources, Inc. Political Involvement Committee totaling $1,750 and four from the NFG PA PAC, affiliated with Seneca Resources, totaling $1,250. He declined comment through a spokeswoman, saying that he had not yet seen the report.

Sen. John Gordner, R-Berwick, accepted three donations of $500 from Dominion PAC. One came in 2004, another in 2006 and the third in 2008. His term does not expire for another two years.

Sen. Ray Musto, D-Pittston Township, accepted $500 from the Marathon Oil Co. Employees PAC on Oct. 20, 2008. Earlier this year, the veteran lawmaker announced he was retiring and not seeking another term in Harrisburg.

Sen. Lisa Baker, R-Lehman Township, accepted three donations at $500 apiece. One came from Cabot Oil and Gas on April 22, 2009; another was from EXCO Resources PAC on Nov. 19, 2008; and on April, 22, 2009, she accepted one from NFG PA PAC.

Browning said that as pressure from the public is placed on officials to tax the industry and approve more regulations, the elected officials at all levels of government, even those in non-leadership positions, will begin to see the money.

“I will predict that as there are more votes and as drilling expands, the money will come,” Browning said.

It will not head to Baker anymore.

The senator, who is seeking her second term in office this year, said, “Because of the sensitivity of the issues revolving around gas drilling, I am not asking for contributions from the gas drilling interests, nor am I accepting them.”

Barry Kauffman, executive director for Pennsylvania Common Cause, said the report illustrates the “power of political money in the governing process.” He said that as discussions about securing access to state forest land for drilling and severance taxes on natural gas production have popped up the past two years, lobbyist and campaign contribution spending have increased. The results have been no taxes have been approved and the state leased state land for drillers.

Baker said that she votes in response to her constituents, not her contributors.

“My legislative decision-making takes into account a variety of factors, but campaign contributions are never one of them. If anyone who contributes believes they are gaining special access or assuring a result, they will be sorely disappointed. That no-connection principle applies irrespective of the size of the contribution,” Baker said.

Andrew M. Seder, a Times Leader staff writer, may be reached at 570-829-7269.

Coyright: Times Leader