Marcellus Shale Commission Report
Elaine Lapp Esch

Yesterday (July 15, 2011) the recommendations of Corbett's Marcellus Shale Commission were made public – in a manner of speaking.  Recommendations were not published. Some presenters read through them very quickly - Mike Krancer, head of DEP, even making a joke about reading each without taking a breath.  Though impossible to capture details, I was able to get the jist of all but a few.

I am a Lancaster, PA resident without any financial ties to this industry, and I would like to give PA a heads-up on what to look for in these recommendations to Corbett:

Forced Pooling:  A recommendation for forced polling was made at the insistent of Terry Engelder, the PSU professor who "discovered" Marcellus Shale and has received funding from the gas industry. His argument - it is irresponsible and wasteful to leave any gas in the ground, even if a landowner/mineral rights owner does not want it to be extracted.  This recommendation means that if most residents around you have leased their mineral rights, the gas company can drill under your land and extract the gas without your permission - paying you royalties but not entering into a lease with you.  A basic landowner right is being stripped away – in this case, through eminent domain, confiscation of private property, is not for the public good, only for industry profit.  Corbett has said that he opposes this practice.  We can only wait and see if the recommendation of this Commission carries enough weight to change his mind. 

Impact Fee:  Clearly, areas that are being drilled have seen rising costs without direct revenue -  royalties  are not taxed, and ancillary business revenue and sales tax go to the state).  Roads, bridges, emergency services, social services, community planning, judicial services and environmental clean-up have all contributed to overwhelming local costs directly associated with drilling.  The Commission agreed to recommend an Impact Fee that will go "directly" towards these costs.  (Details of how that could possibly happen without extensive bureaucracy were not shared.)  Though I support this measure, I have two major concerns: 

  1. Drillers put $200 million into roads last year simply because the local governments couldn't keep up with the roads they ruined by the industry.  If charged an impact fee to "cover" roads, will the drillers back off contributing?  The most popular bill for an impact fee (Scarnati's) brings only $100 million per year for the next two years.  Clearly that will not cover road costs - much less the other costs listed, especially after being broken down into county and municipality chunks across the state. 

  2. Costs to PA taxpayers are wildly rising - hidden in the General Fund, but blatantly recognizable if you take a moment to look at the Commission recommendations.  At the very least, 20 of the recommendations will require PA taxpayer funding.  There are many "incentives" tucked into this list - from subsidizing CNG (Compressed Natural Gas) vehicles, building CNG fueling stations (about $1 million each), building our own intrastate pipeline, funding education about gas jobs, expanding or creating databases about health issues related to drilling, and creating emergency training, HazMat and communications centers. 

We need a Severance Tax.  If Governor Corbett wants to be fair about his budget and all the cuts he's made to education and healthcare, he should add up the real costs of gas exploitation and support a Severance Tax that AT LEAST covers local government costs.  If not, we are not better off because of gas, but are left "privatizing the profits and socializing the costs".

Science, Not Emotion:  This phrase was repeated incessantly throughout these meetings.  But the only scientist on the Commission (mentioned above) is clearly governed by greed.  There are clear scientific ramifications to drilling such as methane migration and water contamination and I am outraged that neither were mentioned yesterday (except during my public comment).  Even though  the Marcellus Shale Coalition president recognized verbally during a presentation that methane migration is "a vexing problem" there was not one recommendation to minimize or mitigate or explore the issue.  I'm sure those PA taxpayers who can no longer drink their well water and have methane vents in their yard so their houses don't explode aren't excited about hearing that the state will be imposing standards on water well construction - a perfect move to blame the victim and let the perpetrator continue the abuse. 

Comment on this Commentary - Comments should be directed to Ken Ralph, Editor of LCDC Media at his email address. Comments will be posted here.

 

 

Elaine Lapp Esch

The opinions expressed here are those of the author alone and are not the official position of the
Lancaster County Democratic Committee.