Posts Tagged ‘Lisa Baker’

Towns get legal advice on gas issues

A lawyer offers sample laws to Back Mountain towns concerned about drilling.

By Rebecca Briarbria@timesleader.com
Staff Writer

DALLAS TWP. – The Back Mountain Community Partnership was advised Thursday afternoon to separately pass ordinances that may help protect against gas drilling issues.

The partnership is an intermunicipal group composed of Dallas, Franklin, Jackson, Kingston and Lehman townships and Dallas borough.

Attorney Jeffrey Malak, who is solicitor of the group, explained it would be better for each municipality to enact its own ordinances rather than to pass joint partnership ordinances because each municipality has its own unique needs.

Malak provided an example of an ordinance, created by the Pennsylvania State Association of Township Supervisors and the Pennsylvania State Association of Township Solicitors, which addresses height regulations of equipment, setbacks, access roads, wells, tanks and storage.

He also furnished sample dust, noise and light pollution ordinances and a sample road bond agreement. In addition, he provided a copy of Dallas’ zoning ordinance, which restricts drilling to certain areas of the borough and deals with screening and buffering and outdoor lighting issues.

Malak said such ordinances would take in all types of businesses but cannot be specific to natural gas drilling because the Oil and Gas Act of 1984 specifies the state oversees drilling. He stressed a lot of ordinances can be incorporated to help and that the municipalities are not limited to revising their zoning laws.

“We don’t know what’s allowed, what’s not, until we try some different things&hellip.” Malak said. “It’s a very, very complicated issue and like I said, it’s not a one size fits all.”

In other news, Tom Yoniski, a representative for state Sen. Lisa Baker, announced the senator’s office has arranged a meeting regarding gas drilling to be held from 6 to 8:30 p.m. on May 13 at Lake-Lehman Junior/Senior High School.

Yoniski said Penn State University officials will give a presentation on gas drilling. He said that officials from the state Department of Environmental Protection and the Susquehanna River Basin Commission will also attend.

Also, Gas Drilling Awareness Coalition members Karen Belli and Leeanne Mazurick, both of Dallas Township, gave a brief presentation on gas drilling and its impacts on the environment and the community.

Coalition member Audrey Simpson, of Kingston Township, showed a video she created of Dimock Township residents who were negatively affected by gas drilling.

Copyright: Times Leader

Forum airs citizens’ drilling concerns

Coalition explores possible downside of gas exploration.

By Steve Mocarskysmocarsky@timesleader.com
Staff Writer

DALLAS – A Back Mountain-dominated crowd that packed Dallas United Methodist Church on Wednesday night learned about the down side of natural gas drilling.

Dr. Gere Reisinger, of Kingston, makes a point about the environmental dangers of natural gas drilling during a meeting Wednesday night at Dallas United Methodist Church.

In a presentation titled, “A Look into the Future – the Landscape of Northeastern Luzerne County After Drilling Starts,” the Luzerne County-based Gas Drilling Awareness Coalition presented a documentary film with commentary from people living in gas-drilling areas of Colorado and local speakers who have familiarized themselves with health and environmental aspects associated with drilling.

The presentation is relevant locally because EnCana Gas & Oil has leased tens of thousands of acres of land in the northern part of the county and exploratory drilling is expected on one to three sites by June.

Coalition member Leanne Mazurick, of Dallas Township, introduced the film, in which Colorado residents shared experiences with drilling.

“They are just having no consideration for the people who live here. We are expendable,” one woman in the film said.

A man noted that every well drilled means 200 to 300 trucks traveling in and out of a community during the drilling process. “Air pollution, water pollution or the chance of water pollution, social issues, economic issues, the infrastructure is not keeping up.”

Another said the gas business “sucked up our labor pool,” and led to increased violence and drug problems.

One Colorado resident encouraged citizens to educate themselves and to attend meetings such as Wednesday night’s. “The gas and oil industry thrives on your ignorance,” he said.

Vera Scroggins, who lives near Dimock Township, told meeting attendees “whatever you saw in that film, we have it in Susquehanna County. … We have 30 families who can’t drink their water because their wells are contaminated (with benzene),” she said, adding that the gas company drilling nearby denies responsibility, even though the company eventually provided water buffaloes to the families.

Dr. Gere Reisinger, of Kingston, said he owns 200 acres in Wyoming County and compared an energy company that began drilling a mile away to a terrorist because of the noise involved. He fears the 100 artesian wells and trout stream on his land are now in jeopardy

Dr. Tom Jiunta, a founding coalition member, said a major concern is that wells planned in the Back Mountain are less than two miles from the Huntsville and Ceaseville reservoirs, and their pollution would be disastrous.

Several people said the state should impose a moratorium on drilling as New York did until an environmental impact study can be completed.

State Rep. Karen Boback, R-Harveys Lake, and state Sen. Lisa Baker, R-Dallas, encouraged residents to urge legislators to vote for legislation aimed at protecting communities from drilling accidents and exploitation.

Baker said any severance tax revenue should stay in communities to address safety and infrastructure issues rather than “be in a pipeline to Harrisburg.”

Copyright: Times Leader

Back Mt. group will work for gas drilling law

The organization represents six communities in the Back Mountain area.

By Rebecca Briarbria@timesleader.com
Staff Writer

DALLAS TWP. – Members of the Back Mountain Community Partnership hope to pass an ordinance that addresses natural gas drilling issues.

The partnership is an inter-municipal group composed of Dallas, Franklin, Jackson, Kingston and Lehman townships and Dallas borough.

The group voted Thursday afternoon at Misericordia University to have their solicitor, Jeffrey Malak, perform research as to what can be done to control the drilling process.

Partnership President Al Fox said he did not want to comment as to what the ordinance may contain because he is not sure legally what can be in it.

“Whatever we can do we need to do as quickly as we can,” Fox said.

Malak said the Oil and Gas Act pre-empts local interference in gas drilling.

“I can give you some options of what some other municipalities are doing,” Malak said. “There’s not a one size fits all.”

In a related matter, the partnership shared responses from EnCana Oil and Gas Inc. on questions the public asked company officials during the January meeting.

Fox said the company answered only six of the many questions that were asked during the meeting. The responses briefly addressed issues such as the chemicals used and the prevention of cross contamination.

Tom Yoniski, a representative for state Sen. Lisa Baker, R-Lehman Township, said he can set up a public forum with Penn State University and the Pennsylvania Department of Environmental Protection to inform the public of the state’s plans to protect water quality.

In other news, the partnership approved proceeding to jointly apply for Pennsylvania Commission on Crime and Delinquency funding to purchase Tasers for each municipality’s police department. Franklin Township does not have a department and uses state police coverage, but voted to proceed with the application for the group.

Up to $10,000 is available for each municipality, said Joe Chacke, of NEPA Alliance, a nonprofit organization that provides administrative and professional services to the BMCP at no cost.

Also, Richard Heffron and Veronica Ciaruffoli, of the Luzerne County Government Study Commission, gave an overview on the status of the commission.

Rebecca Bria, a staff writer, may be reached at 970-7436.

Copyright: Times Leader

Drilling prompts DEP to get Scranton office

Intent is to have inspectors based closer to local gas drilling activity.

By Rory Sweeneyrsweeney@timesleader.com
Staff Writer

For some time, local legislators and environmentalists have complained that local oversight of natural-gas drilling is too difficult because the closest inspectors are in Williamsport.

With the industry preparing to ramp up activities in Susquehanna and Wayne counties, the state Department of Environmental Protection addressed that complaint on Wednesday by announcing the opening of an Oil and Gas Management office in Scranton.

“Our communities need the economic boost that gas drilling will provide, but we simply cannot afford to have state government shortchange oversight,” said state Sen. Lisa Baker, R-Lehman Township, in a news release.

She had asked Gov. Ed Rendell to open an office closer to local drilling activity, the release noted, because “given the increase in drilling activity expected to take place in the region, and the potential environmental consequences of mistakes, long-distance oversight was not an acceptable answer.”

The site hasn’t been finalized, but it will be within the city, according to DEP spokesman Tom Rathbun, and will house 10 employees who have yet to be hired. Most of those will be “field personnel,” Rathbun said, meaning “they’ll be handling inspection and compliance.”

No date has been set for the office’s opening, but Rathbun assured it would be “as soon as possible.”

“We’re anticipating continued growth in Wayne and Susquehanna counties, according to what the industry is reporting, so we’re responding to that,” he said. “That’s based on the industry forecasts where they’re doing next year, what they expect to do.”

Funding for the employees and regional office will be paid for through increased permitting fees the industry is paying to drill in the Marcellus shale, “which was the original intent behind increasing the fees: to make the program pay for itself,” Rathbun said.

The shale is a rock formation a mile underground stretching from New York to Kentucky and is estimated to store enough gas to supply the nation’s current consumption for two decades.

The employees will be part of 68 new DEP hires that Rendell announced last week to handle increased gas drilling, Rathbun said.

Copyright: Times Leader

Lawmakers seeking public input on gas drilling

Feedback sought on impact on communities and environment as industry explores Marcellus Shale.

By Rory Sweeneyrsweeney@timesleader.com
Staff Writer

With questions, concerns and accusations increasing with the rise of drilling for natural gas in Pennsylvania, state legislators and officials have been on the road to hear from voters and explain what they’re doing in Harrisburg.

If you go

The informational meetings are being held today at the Benton Area High School, 400 Park St., Benton. Issues involving Luzerne County municipalities, including Fairmount and Lehman townships, will be discussed at 6 p.m., Ross Township and Columbia County north of Routes 254 and 239, at 7:15 p.m. and the county below those roads, at 8:30 p.m.

A Senate Urban Affairs and Housing Committee public hearing last week in Bradford County heard about renters being priced out of their apartments by rig workers.

Later that day at a League of Women Voters forum in Scranton, a state Department of Environmental Protection official addressed concerns about a lack of oversight.

State Sen. Lisa Baker, R-Lehman Township, was involved in a Senate Environmental Resources and Energy Committee hearing on drilling wastewater treatment issues on Wednesday in Harrisburg.

State Rep. Karen Boback, R-Harveys Lake, joins the road warriors tonight in Benton, where the Columbia County Land Owners Coalition is hosting informational meetings. Along with Boback will be state Reps. Garth Everett, R-Lycoming and David Millard, R-Columbia, for the three meetings, which are organized geographically.

Boback is “just going to be there to let homeowners know what’s being done in Harrisburg to address their concerns,” spokeswoman Nicole Wamsley said.

Depending on the crowd, the legislators could face either support or hostility about the issue. Anti-drilling groups have coalesced in the region and have organized attempts to voice their concerns at everything from rallies to zoning board hearings.

While drilling for gas in the Marcellus Shale holds the tantalizing promise of economic benefits and jobs for decades, it also raises a variety of environmental issues, most notably the quality and availability of water.

Add to that concerns such as the practice of “forced pooling.” In theory, it’s designed to minimize surface disturbances by evenly spacing well pads over an entire drilling area and protect landowners from having their gas siphoned off without compensation.

In practice, it forces landowners into leases whether they want one or not.

Legal in New York, it’s being addressed in Harrisburg. Boback had supported a bill based on the land-conservation premise, but recently retracted it “when the questions arose … based on discussions with research staff” regarding its practical application, Wamsley said.

Copyright: Times Leader

Drilling questions to be answered

Senate hearing set for today at Misericordia, symposium Wednesday at Woodlands.

While landowners are imagining the gobs of cash they stand to make from natural-gas drilling in the Marcellus Shale rock layer underlying much of the region, Don Young hopes there’s room to imagine a few other images, such as gas pipelines crisscrossing once-pristine farmland, benzene contaminating groundwater supplies and an industrywide press to tap every inch of lucrative ground.

And that doesn’t include the Fort Worth, Texas, resident’s concerns about the psychological effects of celebrity-fronted publicity campaigns linking the drilling to patriotism and national security. “It’s Orwellian to see it happening here,” he said. “You’ve got American flags on each well.”

But the leader of Fort Worth Citizens Against Neighborhood Drilling Ordinance hopes the travails that now plague his home above the Barnett Shale are averted in the similar Marcellus Shale. “What you have here in Fort Worth on a grand scale is apathy. People felt, ‘We can’t stop it. It’s too big. It’s big oil,’ ” he explained. “The average busy person, they don’t have time to worry about gas drilling. … They have families, they have lives, they’re struggling, and if you have a few companies handing out money saying, ‘Here’s some money, just forget about it,’ ” they’ll do just that, he said.

Local regulators and educators are already taking steps to avoid those effects, and they’ll take a few more this week. This afternoon, the state Senate Republican’s Policy Committee will meet at Misericordia University to hear testimony from people familiar with dealings in the Barnett Shale on the potential effects awaiting Pennsylvania.

Several of the same speakers will be featured in discussions Wednesday morning at the Woodlands Inn & Resort in Plains Township, as the Joint Urban Studies Center holds a Marcellus Shale Symposium. The public is invited to either presentation, but the symposium has a registration fee.

“We are front and center to the development of this new industry,” said state Sen. Lisa Baker, R-Lehman Township, who requested the hearing. “I think having the hearing here demonstrates, in my judgment, that we’re doing all we can to ensure that our laws and regulations are appropriate and that if we need to make changes,” the legislature is ready to do so.

She said she hopes to get answers to questions she often hears from constituents, including potential downsides to drilling and whether current regulations are enough to curtail them.

According to several of the speakers, Pennsylvania might have a lot of ground to make up before it’s running even with the industry. “I just don’t understand the state’s set-up. Why wouldn’t that be a requirement to disclose how well the wells (are performing)?” asked John Baen, a University of North Texas professor and real-estate expert who has 250 wells on his property in the Barnett Shale. “If it’s all proprietary, then how do we know what the true wealth is?”

Rory Sweeney, a Times Leader staff writer, may be reached at 970-7418.

Copyright: Times Leader

Pa. considers adding natural gas to the tax rolls

By MARC LEVY Associated Press Writer

HARRISBURG, Pa. (AP) _ The land agents, geologists and drilling crews rushing after the Marcellus Shale are raising something besides the natural gas they’re seeking: Talk of a natural gas tax.

Thanks to a state Supreme Court decision six years ago, Pennsylvania is now one of the biggest natural-gas producing states — if not the biggest — that does not tax the methane sucked from beneath its ground.

But momentum is gathering to impose such a tax. The Marcellus Shale — a layer of black rock that holds a vast reservoir of gas — is luring some of the country’s largest gas producers to Pennsylvania, and state government revenues are being waylaid by a worldwide economic malaise.

A spokesman for Gov. Ed Rendell says the administration is looking at the idea of a tax on natural gas, but a decision has not been made. Typically, Rendell does not reveal any tax or revenue proposals until his official budget plan is introduced each February.

Senate Republicans are planning a November hearing at Misericordia University in northeastern Pennsylvania to look at what effect can be expected on local governments if Marcellus Shale production lives up to its potential.

Local officials worry about damage to local roads ill-suited for heavy truck traffic and equipment. School districts could be strained by families of gas company employees moving into town. And some residents are concerned about gas wells disrupting or polluting the water tables from which they draw drinking water.

Legislators must find the fairest way for companies to share those costs, whether by levying a tax or through some other means, said Sen. Jake Corman, R-Centre, the GOP’s policy chairman.

“I do think there is an understanding that some sort of compensation for municipalities is warranted,” Corman said. “We just have to figure out the best way to do that.”

So far, drilling activity is under way on the Marcellus Shale in at least 18 counties, primarily in the northern tier and southwest where the shale is thickest, according to the state Department of Environmental Protection.

Land agents are trooping in and out of county courthouses to research the below-ground mineral rights. At least several million acres above the Marcellus Shale have been leased by companies in West Virginia, New York and Pennsylvania.

Just this week, Range Resources Corp. and a Denver-based gas processor said they have started up Pennsylvania’s first large-scale gas processing plant, about 20 miles south of Pittsburgh.

And CNX Gas Corp. announced that a $6 million horizontal well it drilled in southwest Pennsylvania is producing a respectable 1.2 million cubic feet a day — a rate it expects to improve in coming weeks.

In the opposite corner of Pennsylvania, drilling pads are now visible on Susquehanna County’s farmland, and hotel rooms are booked with land agents and drilling crews.

“It is the talk at the coffee shops, at the local grocery store, the gas station — everybody,” said state Sen. Lisa Baker, R-Luzerne.

Activity is still in the early stages, as exploration companies work to confirm their basic assumptions about the potential of the Marcellus Shale reservoir, and probe for the spots with the greatest promise, analysts say.

Industry representatives say they oppose a tax, and Stephen W. Rhoads, the president of the Pennsylvania Oil and Gas Association, questioned the wisdom of imposing a tax on gas production that is still speculative.

In some natural-gas states, a tax is collected based on a company’s gas production by volume.

But in Pennsylvania, the Supreme Court ruled in 2002 that state law did not allow counties, schools and municipalities to impose a real estate tax based on the value of the subsurface oil and gas rights held by exploration companies.

An appraiser’s study presented last year during a House Finance Committee hearing estimated that the court’s decision had cost Greene, Fayette and Washington counties up to $30 million in county, school and municipal tax revenue.

The state’s county commissioners and school boards support the resumption of some type of taxing authority — although that could mean landowners would get smaller royalty checks.

Regardless, Doug Hill, the executive director of the County Commissioners Association of Pennsylvania, said the matter is one of basic fairness since coal, gravel and limestone are assessed.

“The bottom line is it isn’t a windfall issue,” Hill said. “It’s a tax equity issue.”

___

Marc Levy covers state government for The Associated Press in Harrisburg. He can be reached at mlevy(at)ap.org.

Copyright 2008 The Associated Press.