Morrisville Borough joins other municipalities in Act 13 lawsuit, opposition of Marcellus Shale drilling
MORRISVILLE – The borough has joined with a few other municipalities and interest groups around the state in opposing a new law on natural gas and oil drilling.
A resolution on the matter was unanimously passed last month, which was recommended by the Morrisville Environmental Advisory Council (MEAC). There was no discussion on the topic among board members.
The state law, H.B. 1950, also known as Act 13, allows for new well fees on unconventional wells (impact fees) and substantially revises environmental accords for both surface and subsurface activities. It also limits local municipalities from imposing “burdens on oil and gas activities beyond those required by the state…”
Governor Tom Corbett (R) signed the bill into law in mid-February and, prior to a Commonwealth Court injunction, was set to take effect on April 16. The new law amends the Pennsylvania Oil and Gas Act.
Debby Colgan, chairman of the MEAC, explained in a memo to borough council members why her group made the recommendation.
“There are many, many flaws with Act 13,” Colgan wrote. “The most alarming for council is the reality that we have lost one of our most basic tools for shaping our community in a way that best meets our needs - zoning.”
This law requires that gas and oil drilling operations be allowed in essentially all zoning districts, but within reason.
“Towns like ours, where there is no drilling, will still be impacted by other types of operations such as pipelines and compressor stations,” she argued.
Colgan wrote that compressor stations “must be allowed in districts zoned as agricultural or industrial. However, with conditions, they can be placed in residential areas, next to schools, day care and senior centers, or even Summerseat [historic home of Robert Morris]. No other industry has this zoning right.”
Morrisville Borough will not get impact fees because it is not in the Marcellus Shale region.
“Even if this did not affect our area, we should not stand back and allow any municipality in Pennsylvania to lose their right to responsible zoning or health protections,” she wrote.
Morrisville, she said, “should take a stand against such an abuse of power. It allows for Morrisville to send a letter of support for those Pennsylvania municipalities that are challenging the law in court.”
She noted that other municipalities are adopting similar resolutions or are taking other steps to demonstrate their opposition to Act 13 and supporting the legal challenge.
Yardley Borough is the only other Lower Bucks municipality that has voiced public opposition on Act 13. Every other municipality is within the established drilling region.
“Passage of this resolution does not commit the borough to spending any money, it simply states a position,” she wrote. “While there is a temporary injunction preventing some portions of the law to take effect, we need to act as quickly as possible to address this threat to our community and those across the state.”
The resolution itself explains that “the Pennsylvania General Assembly enacted Act 13 in February, legislation that is to the detriment of local governments and to those who reside in Pennsylvania’s 2,563 municipalities.”
The law requires municipalities to allow oil and gas operations except for processing plants in all zoning districts. The resolution states that the law “consequently infringes upon the rights of local governments throughout the commonwealth to protect the health, safety and welfare of its citizens.”
The resolution states that Act 13 “does not account for the profound differences in the character, landscape, resources, economy, and government of Pennsylvania’s municipalities.”
“The act removes from local governments the ability to meaningfully legislate in a manner that protects the health, safety and welfare of its citizens by addressing localized concerns raised by oil and gas development,” the resolution states.
“Act 13 violates the Pennsylvania and U.S. Constitutions, creating a zoning scheme that supersedes the protections local officials are sworn to uphold; as well as the health, safety and welfare of its residents that local officials must protect,” the resolution reads.
“The Morrisville Borough Council joins with other municipalities and local elected officials in their opposition to Act 13,” the resolution continues.
“Act 13 removes from Morrisville the meaningful ability to protect its citizens and address local concerns about oil and gas development. We therefore endorse the efforts of the Delaware Riverkeeper Network and the municipalities challenging the validity of Act 13,” the resolution reads.
State Rep. Steve Santarsiero (D-31) has introduced H.B. 2412 that he said “strengthens environmental restrictions. We must make sure that our environment and communities are protected.”
The bill would require drilling operations to occur further from public wells and public sewer systems.
Originally published Monday, June 11.
A resolution on the matter was unanimously passed last month, which was recommended by the Morrisville Environmental Advisory Council (MEAC). There was no discussion on the topic among board members.
The state law, H.B. 1950, also known as Act 13, allows for new well fees on unconventional wells (impact fees) and substantially revises environmental accords for both surface and subsurface activities. It also limits local municipalities from imposing “burdens on oil and gas activities beyond those required by the state…”
Governor Tom Corbett (R) signed the bill into law in mid-February and, prior to a Commonwealth Court injunction, was set to take effect on April 16. The new law amends the Pennsylvania Oil and Gas Act.
Debby Colgan, chairman of the MEAC, explained in a memo to borough council members why her group made the recommendation.
“There are many, many flaws with Act 13,” Colgan wrote. “The most alarming for council is the reality that we have lost one of our most basic tools for shaping our community in a way that best meets our needs - zoning.”
This law requires that gas and oil drilling operations be allowed in essentially all zoning districts, but within reason.
“Towns like ours, where there is no drilling, will still be impacted by other types of operations such as pipelines and compressor stations,” she argued.
Colgan wrote that compressor stations “must be allowed in districts zoned as agricultural or industrial. However, with conditions, they can be placed in residential areas, next to schools, day care and senior centers, or even Summerseat [historic home of Robert Morris]. No other industry has this zoning right.”
Morrisville Borough will not get impact fees because it is not in the Marcellus Shale region.
“Even if this did not affect our area, we should not stand back and allow any municipality in Pennsylvania to lose their right to responsible zoning or health protections,” she wrote.
Morrisville, she said, “should take a stand against such an abuse of power. It allows for Morrisville to send a letter of support for those Pennsylvania municipalities that are challenging the law in court.”
She noted that other municipalities are adopting similar resolutions or are taking other steps to demonstrate their opposition to Act 13 and supporting the legal challenge.
Yardley Borough is the only other Lower Bucks municipality that has voiced public opposition on Act 13. Every other municipality is within the established drilling region.
“Passage of this resolution does not commit the borough to spending any money, it simply states a position,” she wrote. “While there is a temporary injunction preventing some portions of the law to take effect, we need to act as quickly as possible to address this threat to our community and those across the state.”
The resolution itself explains that “the Pennsylvania General Assembly enacted Act 13 in February, legislation that is to the detriment of local governments and to those who reside in Pennsylvania’s 2,563 municipalities.”
The law requires municipalities to allow oil and gas operations except for processing plants in all zoning districts. The resolution states that the law “consequently infringes upon the rights of local governments throughout the commonwealth to protect the health, safety and welfare of its citizens.”
The resolution states that Act 13 “does not account for the profound differences in the character, landscape, resources, economy, and government of Pennsylvania’s municipalities.”
“The act removes from local governments the ability to meaningfully legislate in a manner that protects the health, safety and welfare of its citizens by addressing localized concerns raised by oil and gas development,” the resolution states.
“Act 13 violates the Pennsylvania and U.S. Constitutions, creating a zoning scheme that supersedes the protections local officials are sworn to uphold; as well as the health, safety and welfare of its residents that local officials must protect,” the resolution reads.
“The Morrisville Borough Council joins with other municipalities and local elected officials in their opposition to Act 13,” the resolution continues.
“Act 13 removes from Morrisville the meaningful ability to protect its citizens and address local concerns about oil and gas development. We therefore endorse the efforts of the Delaware Riverkeeper Network and the municipalities challenging the validity of Act 13,” the resolution reads.
State Rep. Steve Santarsiero (D-31) has introduced H.B. 2412 that he said “strengthens environmental restrictions. We must make sure that our environment and communities are protected.”
The bill would require drilling operations to occur further from public wells and public sewer systems.
Originally published Monday, June 11.
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