Great Critique of New PA. Gas Industry Law; Plus New Radio Ad Attacks the Law

[JPZenger]

Last edited Mon Mar 26, 2012, 12:39 PM - Edit history (2)

Summary:

http://protecteaglesmere.org/2012/03/25/wilkes-institutes-release-report-examining-state-drilling-law/?utm_source=rss&utm_medium=rss&utm_campaign=wilkes-institutes-release-report-examining-state-drilling-law

March 23, 2012

"Pennsylvania’s new regulations governing the natural gas industry falls short in providing safeguards and advantages to local governments, according to an analysis issued by two Wilkes University institutes. The Institute for Public Policy and Economic Development (The Institute), in collaboration with the Institute for Energy and Environmental Research for Northeastern Pennsylvania (IEER), jointly released a 20-page report that comments on key provisions of the new law, known as Act 13. That legislation was signed into law by Gov. Tom Corbett on Feb. 14.

The analysis looked at both strengths and weaknesses of the law. Weaknesses cited in the analysis include provisions that strip municipalities of land use planning and local control. Other weaknesses include provisions that give local government an option as to whether or not to impose the fee, and to choose the fee, which caps at 2.5 percent regardless of market price increases. Other criticisms cited include the regulations’ failure to establish protective measures for air pollution control, pipeline rights of way, and compressor station isolation distance. The regulations also allow more drilling on state land and fail to account for impacts to counties suffering from pipelines, congestion and social dislocations – two issues also cited as weaknesses in the analysis.

The analysis also found that the new state law compares unfavorably to those in other states like Arkansas, Texas, West Virginia, and Wyoming. Those states have all imposed taxes/fees related to gas drilling that benefit all of their residents either through education, community programs, or tax reductions. As a result, all local governments experience direct or indirect benefits.

...According to Teri Ooms, executive director of the Institute, “The report is significant because it traces the evolution of both the House and Senate bills as well as provides the analysis of the final provisions and is presented in a way that everyone can understand it”
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Full Study:

http://energy.wilkes.edu/PDFFiles/Act%2013%20Assessment%2003%2019%202012.pdf

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A new radio ad is being broadcast in PA. to criticize the Gas Industry Law passed by Corbett and the Teabaggers. It criticizes the preemption of local zoning regulations, as well as the gag order on medical doctors and scientific researchers about fracking chemicals.

Here's more details about the gag order:

http://www.democraticunderground.com/10741017

[JPZenger]

1. Letter from PennFuture about gas industry law

http://m.post-gazette.com/opinion/letters/drilling-law-facts-1218230?p=0

Except:

"Dr. Bernard Goldstein's Forum article ("Gas Law Punts on Public Health," March 11) raised concerns that the new law did not require full disclosure of chemicals in frack fluids and that the law would hamper how health officials protected the public. Gov. Corbett's office responded by demeaning Dr. Goldstein as "fail[ing] to understand" how the law operates, and attacking the Post-Gazette for betraying a "fair, informed and honest discussion" of the law ("Gas Law Protects Pennsylvanians," March 14 Perspectives). Dr. Goldstein's two main claims were grounded in a sound understanding of the law.

Fact: Well operators can keep chemicals and concentrations from being disclosed by claiming them as a trade secret or "confidential proprietary information," and there is no way to challenge that claim.

Fact: While health officials can obtain the secret list if a person has been injured, the law requires even when there is an emergency that health officials "shall maintain the information as confidential." The law does not allow health officials to obtain the list of secret chemicals in order to monitor for known health effects before there has been an injury in need of diagnosis.

PennFuture will be publishing a comprehensive, plain language analysis of Act 13 in the coming weeks. We hope the facts about what the law states will lead to a "fair, informed and honest discussion" and significant improvements."