Home Rule Didn’t Work in PA, So Why Would it in NY?
Submitted by admin on Wed, 03/14/2012 - 20:56
DSEC says: “If local home rule does not work in Pennsylvania, it is clear it will not be workable in New York.” (Listen up, NY Republican State Senator James Seward.)
On February 14, Pennsylvania abolished natural gas local home rule and substituted a new statute, 58 PA C.S. 3301 through 3309, effective April 14. It expressly preempts local home rule of natural gas development across the state. The new statute covers all existing and future local ordinances regulating oil and gas and mandates that all local ordinances, including zoning, permit reasonable development of oil and gas.
The gas industry has consistently sought uniform regulation throughout Pennsylvania, finding it difficult to work within the patchwork quilt of local regulations. On April 14, local governments will be prohibited from imposing requirements or limitations on gas operations more restrictive than those placed generally on industrial activities (not just on “heavy” industry). Section 3304 mandates localities allow, as permitted zoning uses, oil and gas activities, (other than those at impoundment areas, compressor stations and processing plants).
The new statute has teeth to prevent evasion and protect minority interests that have been trampled by runaway activist local governments...
The text of the PA statute can be found on this website here.