Opinion: Shale Law Does Not Pre-empt Local Control

State Sen. Chuck McIlhinney (R-10) submitted the following op-ed piece after a demonstration in Doylestown last week protested his vote in favor of Pennsylvania's new law regarding gas drilling.

The General Assembly recently passed a new law allowing communities in the Marcellus Shale region to impose an impact fee on natural gas drilling. Since passage of this bill, several environmental groups have assailed the legislation, with one group going so far as to (falsely) claim it would force local communities to allow drilling near schools and hospitals. The idea that our municipalities would be helpless to prevent drilling operations from overtaking our children’s recess playgrounds and health care facilities is pure fiction.

Under the new law, municipalities are given the authority to collect from an impact fee if they chose to allow natural gas drilling. Communities that have drilling would receive 60 percent of this fee, while 40 percent would be directed to statewide environmental programs and infrastructure projects.

The bill sets strict environmental standards that every community must adhere to in order to protect water quality and public health, but it does not prevent municipalities from passing even more stringent zoning laws to prevent unwanted drilling. In fact, a municipality is well within its rights to pass zoning laws that prohibit a single natural gas well from being drilled within its borders. These communities would forfeit the same economic benefits as communities that allow natural gas drilling, but they would still have the power to make that choice.

The impact this new law will have on our area is an increase in funding for environmental programs and infrastructure projects. The distribution of this funding is tied to a county’s population, so Bucks County communities should see a substantial benefit from this new funding without a single new well being drilled in our area.

In reality, the new law would not force a single community in the state to permit drilling, and there is nothing in the bill that will force changes to local zoning laws for Bucks County communities.

I respect the passion and dedication of individuals and organizations that are committed to protecting our environment, and I welcome the ongoing discussion of ways to ensure we pass on a cleaner and more vibrant environment to our children and grandchildren. However, in this instance, much of the criticism of this measure is misguided.