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Wednesday, November 2, 2011

House Committee Will Vote Tomorrow On Bill “Superseding And Preempting” All Local Drilling Ordinances


BY  From StateImpact.org

Tomor­row morn­ing, the House Finance Com­mit­tee will vote on a Mar­cel­lus Shaleimpact fee bill. (That’s accord­ing to the Post-Gazette’s Laura Olson, who ini­tially tweeted the news.)
Update: For a more detailed look at the new mea­sure, click here.
One major dif­fer­ence between this mea­sure and the pro­posal Sen­ate lead­ers have been work­ing on is the fol­low­ing sec­tion, which negates all local drilling ordi­nances. “All local rules, reg­u­la­tion, code, agree­ment, res­o­lu­tion, ordi­nance or other local enact­ments that reg­u­late oil and gas oper­a­tions are hereby super­seded and pre­empted,” the lan­guage reads.
House Major­ity Leader Mike Turzai says the pro­vi­sion comes straight from Gov­er­nor Corbett’s office.
Read the full pro­vi­sion, which can be found on page 122 of House Bill 1950, after the jump.
§ 3272.  Local ordinances.
(a)  Gen­eral rule.‑‑Except as pro­vided under sub­sec­tion (b), this chap­ter and any other envi­ron­men­tal law are of Statewide con­cern and occupy the entire field of reg­u­la­tion regard­ing oil and gas oper­a­tions, to the exclu­sion of all local rules, reg­u­la­tions, codes, agree­ments, res­o­lu­tions, ordi­nances and other local enact­ments. No local rule, reg­u­la­tion, code, agree­ment, res­o­lu­tion, ordi­nance or other local enact­ment of any munic­i­pal­ity may reg­u­late oil and gas oper­a­tions. All local rules, reg­u­la­tions, codes, agree­ments, res­o­lu­tions, ordi­nances and other local enact­ments that reg­u­late oil and gas oper­a­tions are hereby super­seded and preempted.
(b)  Exception.‑‑Subsection (a) shall not apply to ordi­nances adopted under the act of Octo­ber 4, 1978 (P.L.851, No.166), known as the Flood Plain Man­age­ment Act.
§ 3273.  Effect on depart­ment authority.
This chap­ter does not affect, limit or impair any right or author­ity of the depart­ment under the act of June 22, 1937 (P.L.1987, No.394), known as The Clean Streams Law; the act of Jan­u­ary 8, 1960 (1959 P.L.2119, No.787), known as the Air Pol­lu­tion Con­trol Act; the act of Novem­ber 26, 1978 (P.L.1375, No.325), known as the Dam Safety and Encroach­ments Act; or the act of July 7, 1980 (P.L.380, No.97), known as the Solid Waste Man­age­ment Act.
(http://moontownshippa.blogspot.com) 

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