Drilling Impact Fee Won't Go To Those Who Ban It

- Drilling Impact Fee Won't Go To Those Who Ban It

Thursday, May 19, 2011
Knight Ridder/Tribune Business News
by Brad Bumsted, The Pittsburgh Tribune-Review

Local governments that want to share revenue from a proposed impact fee on natural gas drilling cannot adopt more stringent zoning regulations than a statewide "model ordinance" called for in a Senate bill.

The provision is aimed at Pittsburgh, which banned drilling, and any other municipalities that would do the same, said Andrew Crompton, chief counsel for Senate President Pro Tempore Joe Scarnati, R-Jefferson County, the bill's author.

"It's mainly to make sure the city of Pittsburgh and any others that have explicitly zoned out shale are not getting rewarded by getting a share of the (drilling) fee," Crompton said.

The way the bill is structured Pittsburgh wouldn't be eligible for the local share of the money, which goes to communities in or near drilling sites, but it would otherwise be eligible for statewide revenue the bill provides, Crompton said.

Ben Price, project director for the Community Environmental Legal Defense Fund, which drafted Pittsburgh's no-drilling ordinance, called the revenue "blood money" that requires municipalities to abrogate their authority to protect communities in order to get state revenue. He claimed the gas industry drafted the Scarnati bill, which Crompton denied.

The Public Utility Commission would develop the model zoning ordinance, which would permit drilling "by right" in all but residentially zoned areas.

Crompton said he suspects the commission would rely on a model zoning proposal used by the Pennsylvania State Association of Township Supervisors.

"We put a model ordinance out to members so they can properly plan for (drilling)," said Elam Herr, an official with the supervisors association. The group is still reviewing Scarnati's bill, Herr said, but has no problem with preventing revenue from going to municipalities that ban drilling.

Scarnati on Monday introduced the bill, which would impose a $10,000-per-well fee on deep gas sites, with potential revenue much higher depending on the price of gas and volume produced by the well.

The legislation would bring in $121.2 million in revenue by March 1, 2012. The first $7.5 million would go to conservation districts. The split after that would be 60 percent to counties and municipalities and 40 percent for statewide grants on projects such as roads, stormwater and sewer systems and protecting open space.

But the bill faces hurdles: Gov. Tom Corbett has said he would consider an impact fee, but the money must remain local and not come to Harrisburg. The Republican-controlled House has shown no appetite for a statewide fee or tax. There are six other tax or fee proposals on Marcellus shale drilling.

Copyright (c) 2011, The Pittsburgh Tribune-Review

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