Pennsylvania House Bill (HB) 827, which would make a permanent frack ban by the Delaware River Basin Commission (if adopted) a government “taking” or seizure of a citizens’ property liable for compensation, passed the House Environmental Resources and Energy Committee yesterday with a bipartisan vote of 16-9.
Under existing law, if the government takes a citizen’s property under eminent domain, that citizen is owed money from the government entity seizing the property. There is no way on God’s green earth the DRBC would/could have enough money to pay all of the landowners it’s shafting with a frack ban. Such a situation would bankrupt the DRBC. The intent of these bills is to make the DRBC back down.
According to the bill’s sponsor, PA Rep. Jon Fritz, if the bill becomes law and if the DRBC continues with its misguided attempt to ban fracking, the *minimum* value they will need to pay out is $10 billion! The number could go as high as a staggering $52 billion!!
HB 827 is the House version of a bill introduced earlier this year in the PA Senate by Sen. Lisa Baker, Senate Bill (SB) 305–known as the “Delaware River Basin Commission Eminent Domain Activity Act.”
There’s still a long way to go before it becomes law. The full House needs to vote on HB 827, and the Senate needs to move SB 305 along to a full vote as well. And then there’s leftist Gov. Tom Wolf, who likely will veto if it makes it to his desk. We need a veto-proof majority to ensure passage.
Still, let’s bask in the glow of this small victory, on the way to a larger victory.
On March 26, the House Environmental Resources and Energy Committee, by a party line vote (Republicans supporting), reported out House Bill 827 (Fritz-R-Wayne) requiring compensation to landowners for their drilling rights if the Delaware River Basin Commission adopts a ban on fracking primarily affecting Wayne County and Northeast Pennsylvania.
Rep. Jonathan Fritz (R-Wayne) said the legislation would cost a minimum of $10 billion.
The Senate sponsor of similar legislation– Senate Bill 305– referenced a 2011 University of Delaware study which found the mean value of potentially recoverable natural gas from the Marcellus Shale formation in the Delaware River Basin is projected to be $30.4 billion, but it could be as high as $52 billion (page 91).
Since 1988, Pennsylvania has been responsible for 25 percent of the Delaware River Basin Commission’s budget. No funding is provided in the bill for Pennsylvania’s share of this cost to state taxpayers.
Rep. Greg Vitali (D-Delaware), Minority Chair of the Committee, noted the supporters of this legislation voted for a ban on developing the South Newark Shale in Southeast Pennsylvania as part of Fiscal Code amendments in 2017.
Rep. Vitali also quoted a letter from DEP as saying the proposed DRBC action does not ban oil and gas development, but one recovery technique–fracking.
Rep. Kathy Rapp (R-Warren) noted counties in the Southeast part of the state that are against fracking have no trouble taking Act 13 drilling impact fees, which last year was $50 million or more, generated by areas of the state now doing drilling.*
Here’s the roll call vote. Notice one Democrat (Pam Snyder from Greene County, PA) voted to support, making it “bipartisan” support.
*PA Environment Digest Blog (Mar 26, 2019) – House Committee OKs Bill To Compensate Landowners For Drilling Rights If DRBC Adopts Fracking Ban; Cost A Minimum Of $10 Billion
This post appeared first on Marcellus Drilling News.