Energy. Environment. Economy.

House Committee Will Vote Tomorrow On Bill “Superseding And Preempting” All Local Drilling Ordinances

Tomorrow morning, the House Finance Committee will vote on a Marcellus Shale impact fee bill. (That’s according to the Post-Gazette’s Laura Olson, who initially tweeted the news.)

Update: For a more detailed look at the new measure, click here.

One major difference between this measure and the proposal Senate leaders have been working on is the following section, which negates all local drilling ordinances. “All local rules, regulation, code, agreement, resolution, ordinance or other local enactments that regulate oil and gas operations are hereby superseded and preempted,” the language reads.

House Majority Leader Mike Turzai says the provision comes straight from Governor Corbett’s office.

Read the full provision, which can be found on page 122 of House Bill 1950, after the jump.

 From House Bill 1950:

§ 3272.  Local ordinances.

(a)  General rule.‑‑Except as provided under subsection (b), this chapter and any other environmental law are of Statewide concern and occupy the entire field of regulation regarding oil and gas operations, to the exclusion of all local rules, regulations, codes, agreements, resolutions, ordinances and other local enactments. No local rule, regulation, code, agreement, resolution, ordinance or other local enactment of any municipality may regulate oil and gas operations. All local rules, regulations, codes, agreements, resolutions, ordinances and other local enactments that regulate oil and gas operations are hereby superseded and preempted.

(b)  Exception.‑‑Subsection (a) shall not apply to ordinances adopted under the act of October 4, 1978 (P.L.851, No.166), known as the Flood Plain Management Act.

§ 3273.  Effect on department authority.

This chapter does not affect, limit or impair any right or authority of the department under the act of June 22, 1937 (P.L.1987, No.394), known as The Clean Streams Law; the act of January 8, 1960 (1959 P.L.2119, No.787), known as the Air Pollution Control Act; the act of November 26, 1978 (P.L.1375, No.325), known as the Dam Safety and Encroachments Act; or the act of July 7, 1980 (P.L.380, No.97), known as the Solid Waste Management Act.



  • Amy

    Classy move, Governor.

    • Brett Banditelli

      Turns out that vampire costume wasn’t a joke. Sucking the rights of local government one bill at a time!

  • Kim Triolo Feil

       Wow the industry came out in friggn’ force last night in Arlington Texas to oppose more strict rules for OUR local ordinance….a Chesapeake rep wanted Lake Arlington (our drinkn’ water source) removed from a protected use. I gagged out loud and was NOT escorted out. As usual my comments are here on this article if you Google “Star Telegram Arlington Council Delays Vote”…feel free fractivists to add your comments no matter where U live, thanks!!!!  If we get local protections removed senate bills, since the state and federal levels are NOT protecting us here in Texas due to a self policing “Permit By Rule”, we are truly FRACKED.

  • Anonymous


  • James Nelson

    Maybe it is time to Recall this man who took and Oath to uphold the Constitution and Laws of the state
    of Pennsylvania and not wish and whim of the energy industry who control him. He is in violation of his
    oath of office and that is ground for impeachment. Wake up people.

    • Anonymous

      Drilling is a state issue, regulation is a borough/township issue.

  • Daniel Martin Gray

    It is imperative that we produce clean, inexpensive American energy.

    The costs of production must include the environmental costs of remediation. We are still paying for the decades of abuse in our coal lands, where I live.

    If fracking is indeed safe and clean, then I am for it. But it is an extreme technology, not as simple as just removing oil, gas or coal. It requires coaxing and forcing the gas to release from the rock in order to harvest it.

    I have read a great deal of rhetoric from both sides on this issue. What I want; what we NEED, is solid, unbiased scientific data to determine our future course.

    And we need it NOW!

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