Townships Could Lose Say Over Gas Drilling

The Pa. State Association of Township Supervisors (PSATS) and five other local government organizations are urging lawmakers to reconsider language in House Bill 1950 that would strip local governments of all decision-making power over oil and gas operations in their communities, including where these operations could be located.

The groups on Monday issued a joint memo to the Pennsylvania House of Representatives, and proposed revisions intended to meet the Legislature’s goal of establishing uniform regulations while maintaining a reasonable level of decision-making ability at the local level.

PSATS Executive Director David M. Sanko called language in the bill "an attack on local land-use decisions."

"It’s so far-reaching that it would prohibit virtually any local regulation of the natural gas drilling industry and possibly void existing ordinances, resolutions and even contracts — all of which were implemented with the health, safety and welfare of residents in mind," he said.

The groups say that the unintended consequences of such strong language, which they call “both unprecedented and unwarranted,” could affect emergency management planning, the training of emergency responders and the validity of highway maintenance agreements between municipalities and drilling companies.

The local government groups advocate a two-part approach to amending the language: providing for pre-emption of local authority comparable to that in existing statutory and case law and establishing a common set of local zoning standards.

The Pennsylvania State Association of Township Supervisors represents Pennsylvania’s 1,455 townships.

PSATS joined with the County Commissioners Association of Pennsylvania, the Pennsylvania State Association of Boroughs, the Pennsylvania League of Cities and Municipalities, the Pennsylvania Municipal Authorities Association and the Pennsylvania Association of Township Commissioners in detailing how the existing proposal would affect local governments and local communities. The memo can be read at http://goo.gl/tySti.