PA House Passes Fiscal Code Bill with Bad Riders, but No Sev Tax
Yesterday MDN told you about two different environmental “riders” snuck into the Pennsylvania Fiscal Code bill that is part of the annual state budget (now four months late). The riders have nothing to do with the budget or raising revenue. It’s a sleazy political ploy to pass unpopular measures that wouldn’t get passed on a standalone vote. One of the riders changes the terms of existing leases by allowing drillers to reactivate old/expired leases, either by restarting production or by drilling a new well if the landowner doesn’t object within 90 days of notification (see PA Republican Senate Changes Lease Terms for Landowners). The other rider more or less enacts a permanent ban on drilling in southeast PA, in the South Newark Basin (see PA Republican Senate Extends SE PA Drilling Ban in Newark Basin). The bad news is that the House passed the Fiscal Code bill (109-75). The bill has now gone to PA Gov. Wolf for his signature. No word yet on whether the flaky Wolf will actually sign it. The good news is that a severance tax bill which recently had gained steam when it was reported out of committee (RINO Gene DiGirolamo’s House Bill (HB) 1401) did not make the cut. So far DiGirolamo’s bill has been loaded down with 350 amendments and there’s no end in sight for when it will receive voting attention, meaning (for now) it’s dead…
Read More “PA House Passes Fiscal Code Bill with Bad Riders, but No Sev Tax”
In August Energy Transfer’s Sunoco Logisitics unit struck a deal with the devil–the devil being the Philadelphia-based Clean Air Council, THE Delaware Riverkeeper and Mountain Watershed Association–in a move to lift a ban on underground horizontal directional drilling (HDD) for the Mariner East 2 NGL pipeline project (see 
Last week the The Independent Power Producers (IPPs) of Ohio, Pennsylvania, and West Virginia wrote an official letter to the Federal Energy Regulatory Commission (FERC) detailing their objection to a proposed plan by the Dept. of Energy (DOE) to give special treatment to electric power generating facilities powered by coal and nuclear plants. The DOE recently ordered FERC to devise new market rules favoring coal and nukes on the premise they contribute to “grid resiliency.” The IPPs writing the letter in opposition represent at least 26 shale gas-fired electric plant projects across the three states, which will contribute $21 billion to those state economies and generate 20,000+ jobs. Below we have the letter sent to FERC by the IPPs. That letter prompted our friends at Energy in Depth to produce a list of the projects the IPPs are building (or have built) in the tri-state area. It is an impressive list. We liked it and grabbed it to share with the MDN audience…
In just about every state in the country, before you start digging a hole in the ground for some reason (water well, septic system, laying an underground electric line, etc.)–the first thing you do is call 811 or some similar phone number. The “one call” or “first call” reaches a state-authorized (not necessarily state-run) office where they have, on file, maps detailing any kind of underground cables, pipelines and other infrastructure. If such underground structures exist, a representative of the owner for the underground line will, if necessary, stop by and mark the areas so when you do begin digging, you don’t hit it. Makes sense. A bill introduced last year in the Pennsylvania legislature would “enhance” the existing 811 law in PA. One of the “enhancements” is that it removes an exclusion for low-pressure natural gas gathering pipelines from being required to be part of the 811 system, mainly lines run to low-producing conventional gas wells. The bill was opposed by the Pennsylvania Independent Oil & Gas Association (see 
The Pennsylvania State budget is a complicated pile of…bills. At it’s core are three basic budget-related bills that implement the $31.9 billion state budget (unwisely) passed in June. It was unwisely passed because Republican lawmakers voted for a plan to spend money without having a way to pay for it. Stupid. PA Gov. Tom Wolf (liberal Democrat) demanded part of the new revenue required to pay for all that wild spending is to tax the Marcellus industry with a severance tax–on top of the existing impact tax (already the equivalent of a severance tax in other states). One of the three main bills to pay for the budget is the Fiscal Code bill–House Bill 674. HB 674 was adopted by the PA Senate on Monday (vote of 41-9). In the Senate version, which now goes to the House for final adoption, there are a number of “environmental riders”–or bits of legislation that have nothing to do with the budget or spending, but tacked on as a way of getting them passed without the mess of voting on them individually. Swamp politics. One of those provisions is “SECTION 1610-E” which gives drillers the right to reactivate old, non-producing wells after they have not been producing (and the lease considered terminated) under certain conditions…
As MDN has explained in a companion story appearing today (see PA Republican Senate Changes Lease Terms for Landowners), the PA legislature has slipped a number of “environmental riders” into one of the final budget bills. The riders are bits of legislation that have nothing to do with the budget or spending, but tacked on as a way of getting them passed without the mess of voting on them individually. One of those riders affects the potential to drill for oil and gas in southeast PA. Back in 2012, an eleventh hour deal was snuck into the Pennsylvania budget signed into law by then-Gov. Tom Corbett (see 
EQT’s Equitrans (pipeline) Expansion Project is on track to begin construction by the end of this year–likely sometime in November. We first covered this project in 2015 (see 
The Pennsylvania Supreme Court said last week it will accept a case about strippers–stripper wells, that is. In brief, in 2012 Pennsylvania passed the Act 13 drilling law that includes a fee on wells targeting shale layers, including the Marcellus. Snyder Brothers, headquartered in Kittanning, PA, drills mostly conventional (vertical only) wells in southwestern PA. In 2011-2012 they drilled 45 vertical-only wells, but targeting the Marcellus, all of the wells fracked. Initially those wells produced more than 90 Mcf/day, but by December of the year they were drilled, they produced less than 90 Mcf/day. The way the 2012 Act 13 law is written, if a well produces less than 90 Mcf/day during “any” month it is considered a stripper well and exempt from paying the impact fee. The state’s Public Utility Commission (PUC) assessed the fee anyway because for 11 months the wells produced more than 90 Mcf/day. Snyder Bros. sued and after an appeal of the case, Snyder Bros. won their case in March, exempting those wells from paying impact fees (see 
As predicted earlier this week, yesterday the Pennsylvania House Finance Committee voted to approve a 3.2% severance tax on top of the existing 5%+ impact tax (see 
Yesterday the Pennsylvania House of Representatives passed House Bill (HB) 542 to try and finalize the three month plus late PA budget. This latest bill (see the summary below) uses mostly borrowing, against tobacco settlement money and small tax increases on online businesses and fireworks distributors to balance this year’s budget. The bill does NOT include a severance tax. Sounding like Johnny One-Note, PA Gov. Wolf immediately said any final deal must include a Marcellus-killing severance tax, or he won’t sign it. Some of the traitorous Republicans in the Senate still want to see a severance tax too (see 
Greg Guidry is the executive vice president of Shell’s unconventionals business. That is, he’s in charge of shale drilling for the company. Talking to a reporter at the Energy Dialogues LLC’s North American Gas Forum earlier this month, Guidry said shale is “a future growth opportunity because of its long-term growth potential.” Guidry is interested in promoting shale as “a lower-carbon energy source.” He believes the way to properly promote shale gas is by partnerships between the oil and gas industry and non-governmental organizations (NGO). Guidry then used the Center for Responsible Shale Development (CRSD), a group headquartered in Pittsburgh, as the model for how such a partnership can and should be done. In March 2013, the Center for Sustainable Shale Development (CSSD) burst onto the scene. It had been a closely guarded secret, the creation of a few hand-picked people from both industry and the environmental movement working together to see if there is any common ground on which both sides can agree that shale development would be safe, sustainable AND affordable. They worked hard for over a year and finally hammered out a set of 15 standards that if a driller (or midstream company or contractor) would meet, it would get a stamp of approval from both the industry and environmental groups as being a good goobie–a safe driller. In January of this year the CSSD changed its name to CRSD–the Center for Responsible Shale Development (see 
RINOsaur /ri-no-sor/ (noun) – 1. a very old (fossil-worthy) Republican-In-Name-Only, someone who, if he were truly honest, would have registered as a Democrat decades ago. 2. so-called moderate Republican whom voters should have been put out to pasture decades ago. 3. Gene DiGirolamo. Pennsylvania State Rep. Gene DiGirolamo, a Republican-in-Name-Only (RINO) from the Philadelphia area, has been trying to punish the Marcellus industry in the state since 2011 when he first introduced legislation to impose a Marcellus-killing severance tax. And pretty much every year since then he has re-introduced a severance tax bill. Sometimes it’s for 3.2%. Other times 4.9% (
Yesterday MDN told you about an effort under way in Pennsylvania to reign in the ever-expanding power of executive agencies in Pennsylvania, like the Dept. of Environmental Protection, by passing a law that requires the PA legislature to approve “economically significant” final regulations (see 