Politics & Government
Rep. Santarsiero Responds to Act 13 Ruling
State Rep. Steve Santarsiero released a statement on last week's ruling on gas drilling in the state.
The following release on Act 13 was prepared by State Represenative Steve Santarsiero's office. .
State Rep. Steve Santarsiero, D-Bucks, said that while the Commonwealth Court’s decision to overturn some key parts of was a resounding victory, the ruling does not go far enough to make sure Pennsylvanians do not suffer the potentially hazardous financial, environmental and health costs of drilling operations.
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On Thursday, the court announced as unconstitutional a provision of the law that aimed to place the authority of municipal zoning decisions with the Department of Environmental Protection and another provision that sought to override residential restrictions for where drilling equipment can operate.
Of the overrides, the ruling states, “If the Commonwealth-proffered reasons are sufficient, then the Legislature could make similar findings requiring coal portals, tipples, washing plants, limestone and coal strip mines, steel mills, industrial chicken farms, rendering plants and fireworks plants in residential zones for a variety of police power reasons advancing those interests in their development. It would allow the proverbial 'pig in the parlor' instead of the barnyard.”
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“The danger in this poorly drafted law is that it attempts to hand over to the whims of industry the constitutionally protected right and responsibility for municipalities to manage their communities and protect their citizens,” Santarsiero said.
“With that said, there are still issues that need to be addressed, including dealing specifically with zoning setbacks, as well as the optional fee energy companies would pay the state in order to drill,” he added.
Santarsiero, who is the sponsor of H.B. 2414, which would establish stronger environmental safeguards in natural gas drilling activities, said there still is a long way to go to bring the drilling law in closer accordance with House Democrats’ Marcellus Compact, a six-bill legislative package that fixes the flawed, industry-friendly Marcellus Shale law.
