Posts Tagged ‘Senate’

By Laura Legere (Staff Writer)
Published: August 13, 2010

There are no unleased acres left in Pennsylvania’s state forests where Marcellus Shale natural gas drilling sites, pipelines and access roads could be built without damaging environmentally sensitive areas, according to a new analysis by the Department of Conservation and Natural Resources.

Nearly 139,000 acres of state forest have been leased for gas drilling since 2008 and money from those lucrative leases – a total of $354 million – has been used to help balance the last two state budgets.

But DCNR Secretary John Quigley said the era of leasing large parcels of state forests for gas drilling is over.

“We may do some little stuff here and there,” he said, “but in terms of large-scale leasing, we’re done.”

The department’s findings, demonstrated in a series of overlain maps on DCNR’s website, show the forests in northcentral Pennsylvania above the gas-rich Marcellus Shale crowded by leased land, parcels where the state does not own the mineral rights and places where development must be restricted.

Of the 1.5 million acres of state forest underlain by the shale, 700,000 acres have already been leased or the mineral rights under them are controlled by an owner other than the state.

An additional 702,500 acres are in ecologically sensitive areas – places with protected species, forested buffers, old growth or steep slopes. Another 27,500 acres are designated as primitive and remote lands, 49,600 acres were identified through a forest conservation analysis as priority conservation lands, and the last 20,400 acres are so entwined with the other sensitive areas that they cannot be developed without damaging them.

The department began to study the limits of the state forest land that can safely be leased to gas drillers as it developed a series of Marcellus gas leases in 2008 and January and May 2010.

Gas drilling has taken place on state forest land for over six decades, and mineral extraction is one of the forest’s designated uses, along with sustainable timber harvesting, recreation and conservation. But, Mr. Quigley said, “There are limits to how much you can develop the resource and maintain balance. And I think we’re there.”

There are currently about 10 producing Marcellus Shale gas wells in the state forest. The department expects there will be about 6,000 wells on 1,000 separate drilling pads when the resource is fully developed in 15 or 20 years.

The secretary said the prime consideration for any future leasing, “if we do any at all,” will be that drilling or associated activities not disturb the forest’s surface – a possibility with horizontal drilling technology that enables drillers to access the mile-deep shale from adjacent properties.

The impact of the DCNR’s findings is unclear.

Gov. Ed Rendell said earlier this year that no additional forest land will be offered for lease during his tenure, which ends in January, but the department’s findings have no legal bearing on the next administration’s ability to change its forest policy.

A bipartisan group of lawmakers in the House passed a three-year moratorium on new leasing of state forest land for gas drilling in May, but the measure has not been taken up by the Republican-led Senate.

Patrick Henderson, a spokesman for Sen. Mary Jo White, R-21, Franklin, chairwoman of the Senate Environmental Resources and Energy Committee, said he does not sense “at all” an upswell of support among the members of the Senate to pass it.

Mr. Henderson said the department’s findings “carry some weight,” but he said the claim that there is no forest land left for surface gas development is subjective.

“I think different people can conclude if there may be some tracts of land out of 1.5 million that lie within the fairway to lease,” he said.

A $120 million lease deal DCNR reached with Anadarko Petroleum Corp. in May that is expected to have minimal impact on the state forest’s surface could not have been possible if the House’s moratorium bill had been law, he said.

“There’s something to be said for having a fresh set of eyes under the new administration take a look at it and draw their own conclusions.”

Mr. Quigley was optimistic that if future decisions about forest leasing are left to DCNR, his department’s findings will stand.

“The science tells us that we’ve reached the limit,” he said. “The question becomes whether we will face another occasion when economics looms larger.”

ONLINE http://bit.ly/DCNRmaps

Contact the writer: llegere@timesshamrock.com

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Copyright:  The Scranton Times

By Robert Swift (Harrisburg Bureau Chief)
Published: August 10, 2010

HARRISBURG – The natural gas industry is lobbying lawmakers to tax natural gas production at a lower rate during a well’s early years of production.

Proposals for a three-tiered well tax, requiring pooling together land parcels for drilling operations and making drilling a permitted use for local zoning are being advanced by the Marcellus Shale Coalition, an industry trade group. A copy of the coalition’s legislative agenda is circulating at the Capitol.

“Together, these policies will help ensure that Marcellus development remains competitive with other shale gas producing states and that critical capital investment will continue to flow into the region,” coalition president Kathryn Klaber said Monday.

Tax deadline Oct. 1

The coalition’s proposal surfaces with leaders of the House and Senate declaring their intent to pass a state severance tax by Oct. 1 and have it go into effect Jan. 1, 2011. The declaration is part of a state budget package enacted last month. Lawmakers return to session in mid-September with the Marcellus Shale and transportation funding issues competing for attention.

The newest details in the proposal focus on what production would be taxed at lower rates or exempt, an already contentious issue in Harrisburg.

Under the proposal, “high cost” Marcellus Shale wells that go to 5,000 feet or more below the surface to reach deep gas pockets would be taxed at 1.5 percent of market value of gas produced for the first five years, with a five percent tax rate kicking in after that.

So-called marginal Marcellus wells would be taxed at one percent of market value. These are described as wells not capable of producing more than 150,000 cubic feet of gas per day in a month. Wells not capable of producing more than 90,000 cubic feet of gas per day in a month would be exempt from taxes under the proposal.

Shallow gas wells would be exempt from taxes.

Market value would be defined as the amount generated through cash receipts less the cost of dehydrating, treating, compressing and delivering the gas.

As an example of high costs, the coalition cites a provision in state law that requires Marcellus producers to drill down into the Onondaga Layer which underlies the Marcellus Shale formation if the drilling takes place in a coal region. The added cost can amount to $200,000 per well, it states.

The Pennsylvania Budget and Policy Center issued a report recently criticizing tax breaks on new wells as depriving the state of tax revenue during a well’s greatest years of production.

“It would be a severance tax in name only,” said center executive director Sharon Ward.

The industry is seeking a two-sided exemption, with the reduced tax rate at the start and exemption for wells it considers low-producing, said Michael Wood, center research director. A 150,000-cubic-feet threshold is high, he said.

‘Use by right’

In addition, the coalition wants lawmakers to declare drilling a “use by right” in local zoning ordinances. That means drilling would be allowed, without the need for a major review by a local government, as long as it meets the standards specified in an ordinance. A local zoning permit would still be needed, but that would be issued relatively quickly.

This would provide for gas development in an orderly way while allowing municipalities to impose reasonable conditions on land used such as lot size and landscaping and safety features, the coalition said.

“We have problems with that,” said Elam Herr, an official with the Pennsylvania State Association of Township Supervisors. A township can’t exclude drilling under zoning laws, but local officials should be able to say where it takes place and keep it out of areas zoned for residential use, he said.

Other proposals call for providing incentives to convert state and local government and transit vehicles to natural gas fueling and giving priority to tax revenue distribution to host municipalities and counties.

Contact the writer: rswift@timesshamrock.com

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Copyright:  The Daily Review

BY BORYS KRAWCZENIUK (STAFF WRITER)
Published: July 29, 2010

A provision to require disclosure of all chemicals used in fracturing Marcellus Shale to extract natural gas could wind up as part of the scaled-down national energy bill the U.S. Senate might consider soon.

Sen. Bob Casey said he convinced Senate Majority Leader Harry Reid to fold disclosure provisions of his Fracturing Responsibility and Awareness of Chemicals Act into the energy bill.

“It’s a great breakthrough,” he said. “It’s a substantial step forward. … It gives people information they wouldn’t have otherwise about what’s happening underneath their property.”

Senate leaders are hoping to pass the bill before the summer recess Aug. 6, after realizing they did not have the votes to pass a more comprehensive energy bill. Even if the smaller energy bill gets through the Senate, the House would have to pass it before President Barack Obama can sign it. Neither is assured.

Industry groups said the fracturing chemicals are already well known to the public and state regulators, and further disclosure would harm the development of natural gas.

“We fundamentally believe that regulation of hydraulic fracturing is best addressed at the state level, and we have been unable to reach a consensus with congressional advocates on how this program would be overseen by the federal government,” America’s Natural Gas Alliance said in a statement.

Congress and the federal Environmental Protection Agency are studying whether the chemicals used in hydraulic fracturing of shale contaminate drinking water.

Energy In Depth, an industry group, argues regulation should be left to states, which “have effectively regulated hydraulic fracturing for over 40 years with no confirmed incidents of groundwater contamination associated with (fracturing) activities.”

At public meetings on gas drilling, local residents regularly dispute the claim.

Though the industry argues the chemicals it uses are well known, a Times-Tribune investigation determined that DEP scientists who analyzed spilled fracturing chemicals at a Susquehanna County well site in September found 10 compounds never disclosed on the drilling contractor’s material safety data sheet.

None of the 10 was included in a state Department of Environmental Protection list of chemicals used in fracturing, a list developed by the industry. When DEP posted a new list earlier this month, none of the 10 was on it.

Mr. Casey dismissed the industry criticism.

“That’s why I called it a substantial step forward, if they’re attacking it,” he said. “If they’re feeling that this is giving information to people that they are reluctant to disclose, that’s why I think it’s an important change, and it’s progress on an issue that some would have thought would have taken years to get done.”

Mr. Casey’s legislation would amend the federal Emergency Planning and Community Right-to-Know Act, which requires employers to disclose what hazardous chemicals they use.

The amendments would require:

– Well-drilling operators to disclose to state regulators and the public a list of chemicals used in fracturing, commonly known as fracking. The requirement would cover chemical constituents but not chemical formulas whose manufacturers are allowed by law to keep the formulas secret, according to Mr. Casey’s office.

– Disclosure to be specific to each well.

– Disclosure of secret formulas or chemical constituents to doctors or nurses treating a contamination victim in an emergency.

– An end to thresholds for reporting chemicals normally required by law so all amounts of chemicals are reported.

In an analysis of the legislation, Energy In Depth said it would “chill” investment in innovations in fracturing and place “unrealistic burdens” on natural gas producers by requiring them to disclose secret chemical compounds whose composition they legally can know nothing about.

In an interview, DEP Secretary John Hanger said he welcomed the federal legislation, argued Pennsylvania already requires more disclosure than his bill and believes companies should disclose the volume and mix of chemicals they use in fracking.

Contact the writer: bkrawczeniuk@timesshamrock.com

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Copyright:  The Scranton Times

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

MARC LEVY Associated Press Writer

HARRISBURG — A key piece of the state’s approach to controlling water pollution from Pennsylvania’s fast-expanding natural gas drilling activity cleared a major hurdle Thursday.

The Independent Regulatory Review Commission voted 4-1 over the objections of the gas industry to approve the Rendell administration’s proposal to prevent pollutants in briny drilling wastewater from further tainting public waterways and household drinking water. State environmental officials say too much of the pollutants can kill fish and leave an unpleasant salty taste in drinking water drawn from rivers.

“Drilling wastewater is incredibly nasty wastewater,” state Environmental Protection Secretary John Hanger said after the vote at the panel’s public meeting. “If we allow this into our rivers and streams, all the businesses in Pennsylvania will suffer … all those who drink water in Pennsylvania are going to be angry and they would have every reason to be, and all of those who fish and love the outdoors are going to say, ‘What did you do to our fish and our outdoors?”’

The vote comes at the beginning of what is expected to be a gas drilling boom in Pennsylvania. Exploration companies, armed with new technology, are spending billions to get into position to exploit the rich Marcellus Shale gas reserve, which lies underneath much of the state.

The rule would put pressure on drillers to reuse the wastewater or find alternative methods to treat and dispose of the brine, rather than bringing more truckloads of it to sewage treatment plants that discharge into waterways where millions get drinking water.

The rule is designed to take effect Jan. 1. However, the Republican-controlled Senate, a key counterweight to Democratic Gov. Ed Rendell, could delay that if it votes to oppose the rule.

The drilling industry, as well as a range of business groups and owners, opposes the rule, calling it costly, confusing, arbitrary and rushed during more than three hours of testimony before the regulatory review commission.

Some, including a representative of the state’s coal industry, said they were worried about how it would affect different industries that also produce polluted water.

Water utilities, environmental advocates and outdoor recreation groups lined up behind it.

With drilling companies poised to sink thousands of wells in Pennsylvania, state environmental officials worried that its waterways would become overwhelmed with pollutants. They began writing the new rule last year.

Conventional sewage treatment plants and drinking water treatment plants are not equipped to remove the sulfates and chlorides in the brine enough to comply with the rule.

In addition, the chlorides can compromise the ability of bacteria in sewage treatment plants to break down nitrogen, which can be toxic to fish, environmental officials say.

Currently, a portion of the massive amounts of brine being generated by well drilling is entering the state’s waterways through sewage treatment plants, and that flow would be unaffected by the rule.

Once the rule takes effect, a treatment plant would have to get state approval to process additional amounts of drilling wastewater beyond what it already is allowed, or ensure that it was pretreated by a specialized method that removes sulfates and chlorides.

Hanger said no other industry will be affected and he has worked to incorporate the concerns of business groups that have had more than a year to scrutinize the administration’s plans. The companies, he said, are making more than enough money to pay for alternative treatment methods.

Copyright: Times Leader

Pa. Senate committee hearing on gas drilling will be held June 29 in Harrisburg.

STEVE MOCARSKY smocarsky@timesleader.com

The state Senate panel that oversees emergency preparedness in the state will hear testimony later this month on how ready responders are to handle catastrophes related to natural-gas drilling.

Sen. Lisa Baker, chairwoman of the Veterans Affairs and Emergency Preparedness Committee, said in a press release that community groups and environmental activists are questioning whether plans to deal with well blowouts, leaks and spills are in place and detailed enough to meet the challenges posed by the increased drilling activity in the Marcellus Shale.

Baker, R-Lehman Township, said those concerns warrant the attention of lawmakers.

“Community safety, public health and water quality are put at risk if there are any holes in emergency planning. With government budgets at every level under severe strain, it is a legitimate worry that preparation and training have not kept pace with the need,” Baker said.

In the wake of a recent natural gas well blowout in Clearfield County, Baker said there are local rumblings that the Pennsylvania Emergency Management Agency was “either not ready or not properly engaged.

“There is a responsibility to air the situation and find the facts,” Baker said.

Aaron Shenck, executive director of the committee, said he also believes state emergency officials were not notified until several hours after the well explosion, which took about 16 hours to contain.

Shenck said a representative of PEMA and the state fire commissioner will testify at the June 29 public hearing. Baker’s office also will invite representatives from the state Department of Environmental Protection and state police.

Baker said she is equally concerned about emergency preparedness at the local level.

“The heavy truck traffic resulting from equipment and fracking (hydraulic fracturing) material being shipped in raises the possibility of collisions, turnovers and spills. We are dealing mostly with rural areas and small communities. What is the state of readiness? Is there the necessary coordination and communication between levels of government before we are tested by crisis? Are the resources immediately available when the worst happens?” Baker said.

To present testimony from a more local perspective, representatives of the County Commissioners Association of Pennsylvania, the Keystone Emergency Management Association and the Lycoming County Task Force on Marcellus Shale also will be invited, Shenck said.

Lycoming is the only Pennsylvania county in which Marcellus Shale drilling is taking place that has a task force specifically designed to address drilling-related emergencies, Shenck said.

At least one representative of the natural gas industry also will be invited to testify, Shenck said.

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

State county commissioners association is working to broaden taxing authority.

By Steve Mocarskysmocarsky@timesleader.com
Staff Writer

Counties, municipalities and school districts aren’t seeing any significant tax revenue related to Marcellus Shale development under current tax law.

But the County Commissioners Association of Pennsylvania is working to change that, lobbying for legislation that would give those governmental bodies property taxing authority on natural gas similar to taxes levied on coal extraction.

“We have to have the assessment law changed. The reason (is that) other minerals are assessed. It’s not fair to the other mineral (extraction companies) and it’s not fair to the rest of the taxpayers who have to pick up the burden of their exemption,” association Executive Director Douglas Hill said of natural gas and oil companies.

Hill said the state Supreme Court in 2002 ruled that counties had no statutory authority to tax oil and gas because state assessment law specifically includes coal but makes no mention of oil or gas.

Since that time, oil and gas interests have been escaping local property taxes, which had been paid in oil and gas-producing counties since at least the early 1900s, according to a position paper released by the association.

“Producers of other minerals such as coal and limestone already pay their fair share of the property tax. Counties support reversing the Supreme Court’s 2002 decision to assure that oil and gas companies contribute their share to the local tax base as well,” the paper states.

Hill said House Bill 10 of 2009, sponsored by state Rep. Bill DeWeese, D-Greene County, would restore property tax assessment authority on oil and gas.

The levy proposed in the bill would apply only to proven wells. “If there’s nothing to be extracted or (the gas) can’t be extracted, then there is no value,” Hill said.

Hill said there is, of course, opposition to the bill from the oil and gas industry. But he pointed out that other oil and gas producing states assess oil and gas extraction. Hill also said that large, multinational companies involved in Marcellus Shale exploration already had payment of such a tax built into their business plans and were surprised to learn that Pennsylvania counties can’t assess natural gas extraction.

Another association position paper points out several ways local communities are impacted by Marcellus Shale exploration that justify taxation.

“Some of the most visible impacts have been to township roads, county bridges and other infrastructure as developers bring drilling rigs, construction equipment and truckloads of water to and from drilling sites. &hellip Hotels might be filled with workers associated with Marcellus, impacting both the tourism industry and the county hotel tax,” according to the paper.

“Workers from out of state and their families have utilized social services such as drug and alcohol treatment and children and youth services. County jails, county probation and law enforcement have been affected. Even county recorder of deeds offices are affected, flooded by title searchers confirming ownership of subsurface rights,” the paper states.

House Bill 10 is still in the House Finance Committee for consideration.

“We’ve been working on getting agreement to move on it. We want to have things in place for a vote in the House and prepare for going to the Senate. We’ve also been working on an introduction of a bill in the senate,” Hill said.

Generally, legislators understand the issue, Hill said, but it “gets confusing at times because they are looking at a state severance tax,” and the county and local taxation issue “gets tied up in all the other issues related to the Marcellus,” he said.

Currently, there are at least five Senate bills and at least 17 House bills pertaining to Marcellus Shale exploration as well as one House bill, two senate bills and a budget proposal from Gov. Ed Rendell that address the imposition of a severance tax, according to information provided by state Sen. Lisa Baker, R-Lehman Township.

In the meantime, county assessors are waiting for some legislative determinations.

Luzerne County Assessor’s Office Director Tony Alu feels pretty confident that legislation eventually will be adopted and that the county will see some tax revenue from natural gas extraction.

Alu said assessors from various counties had been discussing among themselves various taxation formulas that would be most appropriate to tax natural gas extracted.

“We’re waiting on the state to make a determination so that we can all be uniform. &hellip We just want to make sure we’re doing the right thing,” Alu said.

Steve Mocarsky, a Times Leader staff writer, may be reached at 970-7311.

Copyright: Times Leader

Governor’s office announced this week a plan to allow Anadarko Petroleum to access 32,896 acres.

By Steve Mocarskysmocarsky@timesleader.com
Staff Writer

Some state representatives are concerned about Gov. Ed Rendell’s decision to lease nearly 33,000 acres of state forest land to an energy company for natural gas exploration.

Rendell’s office on Tuesday announced that Anadarko Petroleum Corp. has paid the commonwealth $120 million to access 32,896 acres of state forest through a natural gas lease agreement with the state Department of Conservation and Natural Resources.

Prior to a presentation on the state Department of Environmental Protection’s role in regulating natural gas drilling that she attended Tuesday at Misericordia University, state Rep. Phyllis Mundy said she was disappointed to learn of the lease transaction.

“The areas that could responsibly be leased in state forests are already under lease. Why don’t they go ahead and drill there? We don’t need additional drilling, certainly not until we look into whether this is the really sensitive habitat that DCNR said it was when we discussed it,” Mundy, D-Kingston, said.

But Mundy later qualified her comments, saying they were dependent on whether leasing that acreage was previously factored as revenue in this year’s state budget. “I’m really not clear on what 32,000 acres that was,” she said.

Rendell’s press release on Tuesday did not clearly specify whether revenue from this most recent lease agreement had previously been factored into the state budget. DCNR had leased about 32,000 acres of state forest land to Anadarko in January for $128 million.

Mundy co-sponsored legislation to impose a moratorium on leasing state forest land for natural gas exploration. House Bill 2235 passed in the House and is before the state Senate.

State Rep. Karen Boback, R-Harveys Lake, who also attended the presentation at Misericordia and voted in favor of the moratorium, said she too had a problem with the lease if the revenue had not been previously included in the state budget.

Both representatives have been outspoken in their concern about potentially harmful effects of natural gas drilling on the environment and have been advocating for stronger laws and regulations to protect public heath and safety and drinking water supplies from potential contamination from gas drilling accidents.

DCNR Press Secretary Chris Novak said Wednesday the specific amount of acreage wasn’t included in this year’s budget or specified in Rendell’s 2010-11 proposal, but legislators had agreed during negotiations for this year’s budget that $180 million for the 2010-11 budget would come from oil and gas leases.

Novak said Rendell had a target of $60 million in revenue from leasing out the 32,000 acres of forest in January, but realized $128 million. That extra $68 million would be applied to the 2010-11 budget, she said.

DCNR also leased 74,000 acres of forest for natural gas exploration in September 2008. A total of 725,000 acres of the state’s 2.2 million acres of forest land has been leased for gas drilling, Novak said.

In addition to the up-front lease payments, which are considered rent for the first year of the leases, the state will receive 18 percent royalties on all natural gas produced on the land for the leases signed this month and in January. The royalty for the September 2008 lease is 16 percent.

Rent for the second through fifth years drops to $20 per acre and then increases to $35 per acre for year six and beyond, Novak said.

Novak said DCNR looked at whether important habitat for rare or endangered species and recreational use would be impacted when designing the leases. She said leases for each of the 11 tracts specify areas that cannot be disturbed by drilling.

She estimated that because of new horizontal drilling techniques and the fact that the newly leased land is surrounded by land that had been leased previously, only a minimal amount of newly leased land – probably about 300 acres total – will be impacted by drilling activities.

Anadarko spokesman Matt Carmichael would not estimate how much land would be disturbed because it was too early in the development phase.

“It’s our hope and desire to disturb as little surface area as possible,” Carmichael said.

Anadarko has drilled about 15 wells on state forest land to date, he said.

Novak said that prior to drilling activities and after the drilling is complete and wellheads are installed, the public will have full access to the leased land.

Mundy and Boback were not available for comment Wednesday after Novak responded to questions related to state budget revenue and the disturbance of sensitive state forest habitat.

Copyright: Times Leader

MARC LEVY Associated Press Writer

HARRISBURG — Gov. Ed Rendell says the cash-strapped state government is leasing more public forest land to a company that wants to drill for natural gas in the vast Marcellus Shale reserve.

As a result, Rendell said Tuesday he will support legislation to temporarily halt additional leasing of state forest land for gas drilling.

Rendell says Houston-based Anadarko Petroleum Corp. has agreed to pay Pennsylvania $120 million for the right to drill on 33,000 acres in northcentral Pennsylvania.

The company owns the rights to surrounding tracts. The additional land is considered “disturbed” because it has been leased for shallow gas drilling in previous decades, although no drilling is actively occurring.

Still, a bill to halt new leasing of state forest land for drilling appears unlikely to pass the Senate.

Copyright: Times Leader