Pennsylvania Commonwealth Court Declares Portions of Act 13 Null and Void
On Thursday, July 26th of 2012, the Pennsylvania Commonwealth Court nullified sections of Act 13 as unconstitutional. The Court found that the requiring municipalities to adopt ordinances to allow zoning in all zoning districts could not be sustained. It is anticipated that the Commonwealth Court ruling will be reviewed by the Pennsylvania Supreme Court.
To read the entire Commonwealth Court Opinion, click here.
Pennsylvania Public Utility Commission (PUC) Adopts Act 13 Implementation Order
On May 10, 2012, the PUC officially adopted a final Implementation Order. The Implementation Order outlines how the PUC will administer the applicable portions of Act 13 that fall under their jurisdiction. To read the final Implementation Order, click here.
Additionally, the PUC also released several attachment documents relative to impact fee collection, distributiion and use of the funds. Two of these released attachments are of importance to local municipalities in regard to the disbursement and use of impact fee funding (See pages 15 and 16 of the final Implementation Order). “Attachment C” is a municipal budget report and may be viewed by clicking here. “Attachment D” is an “Unconventional Gas Well Fund Usage Report” and may be viewed by clicking here. Original copies of these documents and the final Implementation Order can be accessed on the dedicated Act 13 (Imapct Fee) page of the PUC website at http://www.puc.state.pa.us/naturalgas/naturalgas_marcellus_Shale.aspx
Marcellus Shale and Local Tax Collection of State Taxes: What the 2011 Pennsylvania Tax Data Say
The Penn State Center for Economic and Community Development recently released a fact sheet that analyzes state tax information between the years 2007 – 2011. The report was authored by Charles Costanzo and Timothy W. Kelsey. According to an excerpt from the report it was noted that, “The data continue to show distinct differences between counties with Marcellus Shale gas drilling and those without.” To read the entire fact sheet, click here.
Penn State Extension Hosts Act 13 Webinars
The Penn State Cooperative Extension recently hosted two educational webinars on Act 13. The first webinar was titled “What the public needs to know about the new shale gas impact fee: Act 13“ and it was held on March 15th. The second webinar program was titled “What local officials need to know about the new shale gas impact fee: Act 13” and it was held on March 22nd. The recorded webinars and their associated powerpoint presentations can be viewed on the Penn State Cooperative Extension website by clicking here.
Public Utilities Commission (PUC) Releases Tentative Implementation Order
The Public Utilities Commission (PUC), in response to the new responsibilities outlined in Act 13, has released a Tentative Implementation Order. This order provides the views on the provisions of Act 13 and how they will be implemented by the PUC. To view a copy of the Tentative Implementation Order with draft attachments in PDF format, click here.
Act 13 of 2012 (Unconventional Gas Well Impact Fee)
As reported by several news agencies, a conference committee comprised of members from both the Pennsylvania House and Senate approved a bill on February 6, 2012 that would propose the collection of impact fees for natural gas wells. The language in the revised bill would also affect how local municipalities attempt to regulate drilling activity through local zoning ordinances. Both the House and the Senate passed HB 1950 and the Bill was sent to Governor Corbett for his signature. On February 13th, 2012, Act 13 of 2012 became law with Governor Tom Corbett’s signature. To read or download a copy of the full Act 13 of 2012, click here.
Summaries of the Act are also available. For a brief one-page summary, click here. For a more detailed 11 page summary, click here.
Also, a 14 page “Impact Fee Caucus Update” is available by clicking here.
To read Governor Corbett’s February 14, 2012 Press Release, click here.
The Public Utilities Commission (PUC) has release a Frequently Asked Questions summary for Act 13 of 2012, to read this summary, click here.
To link to the website of Senator Joe Scarnati for a spreadsheet that illustrates the “Unconventional Gas Well Fee Distribution”, click here.
DRBC Postpones Special Meeting
A news release from the Delaware River Basin Commission on Friday, November 18th states that the November 21, 2011 special meeting has been postponed and will be rescheduled. A date has not yet been determined. The proposed draft natural gas regulations were to be voted on at this special meeting. According to the DRBC news release, the meeting was postponed to allow additional time for review by the five commission members. We will provide more information as it becomes available.
Pennsylvania House Passes Marcellus Bill
On Thursday, November 17th, 2011, the Pennsylvania General Assembly passed House Bill 1950. The Bill addresses regulation of Marcellus drilling activity in addition to proposing an impact fee. To view a copy of this House Bill, click the link below.
Pennsylvania Senate Passes Marcellus Bill
On Tuesday, November 15th, 2011, the Pennsylvania Senate passed an amended version of Senate Bill 1100. The Bill addresses impact fees and environmental safeguards, among other items. To view a copy of this Senate Bill, click the link below.
DRBC Releases Revised Draft Natural Gas Regulations
The DRBC has released the revised draft natural gas regulations. These regulations are scheduled to be voted on at the November 21, 2011 special meeting. To view the revised draft natural gas regulations, click the link below.
For additional information on the revised draft natural gas regulations, click here to go to the “Draft Natural Gas Development Regulations” webpage of the DRBC.
DRBC Postpones Vote on Draft Natural Gas Regulations
The DRBC has announced that the previously scheduled October 21, 2011 special meeting has been postponed. It was anticipated that the commissioners would consider the draft natural gas regulations at this meeting. The special meeting has been rescheduled for November 21, 2011 at 10:00 AM. The DRBC also announced that prior to the November 21st meeting, the modified draft regulations will be posted on the DRBC website on November 7, 2011.
To view the entire DRBC press release, click here.
Governor Corbett Announces Plans to Implement Key Recommendations of Marcellus Shale Advisory Commission
To view the October 3, 2011 news release from the office of Pennsylvania Governor Tom Corbett, click here.
For a summary of the Governor’s proposal, click here.
USGS Boosts Marcellus Estimates
Read the article from The Wall Street Journal by clicking here.
The 2002 and 2011 USGS “National Assessment of Oil and Gas” fact sheets are available by clicking the links below:
USGS Fact Sheet Marcellus Assessment 2002
USGS Fact Sheet Marcellus Assessment 2011
Governor’s Marcellus Shale Advisory Commission
On March 8th, 2011, by virtue of Executive Order 2011-01, Governor Tom Corbett established the Marcellus Shale Advisory Commission (MSAC) to review the numerous issues related to Marcellus Shale natural gas development in the State of Pennsylvania. After four months of information gathering, the MSAC released a final report of the findings on July 22, 2011. To view the Governor’s Marcellus Shale Advisory Commission Report, click here.
Delaware River Basin Commission – Draft Natural Gas Drilling Regulations
The Delaware River Basin Commission (DRBC) proposed draft regulations to manage the construction and operation of natural gas development projects in the Delaware River Basin. The draft regulations were released on December 9, 2010. The DRBC accepted written public comments on the proposed regulations until April 15, 2011. In addition, three public hearings were conducted to receive oral testimony. The next meeting and public hearing of the Delaware River Basin Commission is scheduled for September 21, 2011.
For information on the DRBC’s Draft Natural Gas Regulations, click here.
For the full text of the DRBC’s Draft Natural Gas Regulations, click here.
Disclaimer: This web site, and all information contained herein, is made available as an information service only. The information contained on this site is not intended to replace official versions of that information. Although every reasonable effort is made to assure accuracy, the information at this site is presented without warranty, either expressed or implied, as to its accuracy, timeliness, or completeness.