
PENNSYLVANIA SENATE AND HOUSE VOTE FOR PREEMPTION OF MUNICIPAL ZONING TO FAVOR GAS DRILLING AND OPERATIONS; INDUSTRY INTERESTS DOMINATE THE PUBLIC INTEREST
Yesterday in the Senate and today in the House, the Pennsylvania legislature voted in favor of HB1950, a compromise gas development bill that was hammered out behind closed doors under the heavy hand of Governor Tom Corbett. Under the guise of providing “impact fees” to municipalities where gas operations occur, the legislature effectively supported a takeover of municipalities by the State and the gas industry by gutting established and effective local planning and zoning rights.
Through provisions contained in the bill, municipalities will no longer be able to play a central, critical role in protecting the health, safety, and welfare of residents and determining which uses of land are most beneficial.
The bill requires that all types of oil and gas operations (except for natural gas processing plants)—unlike any other commercial or industrial business—be allowed in all zoning districts, even in residential neighborhoods and near schools, parks, hospitals, and sensitive natural and cultural resource protection areas. As a result, people could be forced to live only 300 feet away from a gas well, open frack waste pit, or pipeline, despite growing evidence that such development causes pollution, damages health, and lowers property values.
The bill also mandates a one-size-fits-all ordinance that supersedes all existing ordinances and prevents municipalities from adopting any zoning provisions that are stricter than the weak, mandated standards.