HARRISBURG — A bill proposed in the state House would drastically increase setback requirements for drilling natural gas wells, likely legislating them out of existence within the state.
House Bill 170 would expand setback requirements for natural gas wells in Pennsylvania to between 2,500 to 5,000 feet, based on what the Department of Environmental Protection called faulty data in a grand jury report issued when now Gov. Josh Shapiro was attorney general.
As much as 99% of the land in the state’s top natural gas producing counties would be ineligible for well development, according to an assessment conducted by the Marcellus Shale Coalition.
Rep. Marty Causer, R-Turtlepoint, minority chairman of the House Environmental Resources and Energy Committee, took part in a committee hearing Monday on the bill.
“I thought the hearing was very one-sided,” he said. Chairman Rep. Greg Vitali, D-Havertown, allowed the House minority to call two people to testify, while he called six. The House rules require the minority be provided with only one testifier.
“How do you have a hearing on a bill that would drastically impact the natural gas industry but openly tell them they can’t come speak on the issue?” Causer said. “The Marcellus Shale Coalition asked to come speak but Chairman Vitali told them no.”
Only when Causer pressured Vitali was Coalition President David Callahan allowed to testify. Vitali’s testifiers were from environmental groups, Causer said.
“The fact that the majority chairman even did a hearing on it is alarming,” Causer said of the bill. “This legislation is reckless and irresponsible, and I certainly made that point at the hearing.”
Regarding the setback recommendations in the report used to craft the legislation, DEP officials stated, “The proposed setbacks are not supported with any information that establishes that these particular distances afford an appropriate level of protection and appear to have been chosen randomly.”
Causer asked, “When even the state agency charged with protecting the Commonwealth’s environment so soundly criticized the recommendations in this report, why on earth would we vote to essentially shut down an industry that supports hundreds of thousands of jobs and meets a basic necessity for our citizens?”
At the hearing, Callahan testified the current setbacks for the natural gas industry are sufficient when combined with the stringent regulations in Pennsylvania, including permitting for things like erosion and sediment control, well drilling, air quality, waste and more.
Callahan said, “The host of legislative and regulatory requirements that govern every step of the unconventional well development process are among the most stringent in the nation, including the requirement for multiple layers of steel casing and cementing to protect the aquifer and drinking water supplies.”
He continued, saying the proposed changes will infringe on people’s right to exercise their mineral rights.
“Shutting down Pennsylvania’s energy industry would also make the Commonwealth and the country more dependent once again on outside sources of energy, including unstable countries in the Middle East,” Callahan testified.
Causer added that many jobs in Pennsylvania and in the region are dependent on the industry.
“It is important to remember the men and women who work in the oil and gas industry reside in the communities in which they work. They have a vested interest in ensuring public health and safety for themselves, their families and their neighbors,” Causer said.
As for the impact, the legislator said, “It’s the industry and every component — it’s the supply chain, it’s the actual drilling, it’s where the gas goes, it’s the pipeline, it’s all the jobs. Every step along the way is significant.
“Even though we have the drilling in our part of the state, the whole Commonwealth benefits,” he said. “Some people at the Capitol forget about that. I’m really tired of legislators from the Philadelphia area coming up with bills like this.
“Nearly 50% of energy production in Pennsylvania is coming from natural gas now,” he said, adding this would drive up the costs. “We have a superior workforce and we have the technology to harvest and produce it. We cannot allow policy to stymie that growth.
“We absolutely must reject destructive and burdensome regulations that would irresponsibly and unnecessarily halt future growth and opportunity.”
Of the bill itself, Causer said, “My hope is that we can stop it immediately.”
What about arguments, from places like New York state, that want to end reliance on fossil fuels? Is it clinging to the past to want to continue fossil fuel use, as naysayers suggest?
“I sure don’t see it that way,” Causer said. Natural gas is “an abundant, clean burning natural resource. We can be energy independent using domestic fuel. I think other states are very shortsighted.”
He used the at-times brutal winters in upstate New York as an example. “Look at all the natural gas that could be heading up to Buffalo.” New York is banning natural gas hookups in new construction starting in 2026. “A brutal winter comes and they tell people to turn down their thermostats. These kinds of policies have real impact.”