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Hijacking the Impact Fee

2/12/2013

 
Please sign the following petition to help the families of the Woodlands get clean water returned to their homes.
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You remember it like it was yesterday right?  During the Act 13 debate, all they wanted to talk about was the impact fee.  “The impact fee will protect our communities.”  “It will repair any impacts.”  You remember it right? We were told that we had to pass the bill because if we didn’t we would miss out and communities would continue to shoulder the burden of the “impacts.”  Well, it was passed and nothing seems to have changed.

Now that it is time to spend the impact fee, Butler County and Connoquinessing Township are looking to ignore the portion of the law that states it must be used on impacts “associated with natural gas production from unconventional gas wells within the county or municipality” (Act 13 §2314-g).  They plan to use it to cover cutbacks from the state and throw it into the general fund. 

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As of Jan. 25, 2013, thirty (30) families in the Woodlands area of Connoquenessing Township, Butler County, PA now rely on local churches and other sources of water for drinking, bathing, and cleaning.  Community members first reported contaminated water in 2010, shortly after Rex Energy started using the controversial technique called hydraulic fracturing or “fracking” in their rural community.  Water and air tests have revealed high levels of VOC’s and other toxins associated with fracking.  In Oct 2012 Butler County and Connoquenessing Township received over $1.1 million in Act 13 impact fees (Garrett, 2013).  Although yet to earmark the funds, you, the county commissioners and township supervisors have indicated that you have no intentions of spending any of the $897,000 and $205,486 respectively to help your constituents receive public water.  Instead County Commissioner and Vice President of Interstate Pipe and Supply, Bill McCarrier was quoted in the Butler Eagle that he plans on spending the money to fill gaps in your budgets.  “We've had so many cutbacks from the state, for example, human services and the 911 center, Medicare and Medicaid payments to Sunnyview,” McCarrier said (Biller, 2013).  This line of thinking runs counter to the public promises made during the debate of Act 13 and may, in fact, be illegal under §2314 of Act 13.

Even the prime sponsor of Act 13, Brian Ellis and PA House Majority Leader Rep. Mike Turzai agree.
“Impact fees generally, and this one in particular, are used to pay for a number of uncompensated cost that are currently being absorbed by local communities and the state.  These include upgrades to effected roads and bridges, water and sewer systems, which are being strained, admittedly, by increased usage.”
-Pa House Majority Leader, Mike Turzai

Whatever project – whether township, borough or county-level, can only use the money for restoration or repairs," he said.  "They can’t use it for anything else. We're not giving them an additional revenue that they could spend willy-nilly," he continued (Olson, 2011)
-Butler County State Rep. and prime sponsor of Act 13, Brian Ellis
Act 13 §2314(g) states “A county or municipality receiving funds under subsection (d) shall use the funds received only for the following purposes associated with natural gas production from unconventional gas wells within the county or municipality” (emphases added)”.  The following subsections include:

(2)  Water, storm water and sewer systems, including construction, reconstruction, maintenance and repair.

(5)  Preservation and reclamation of surface and subsurface waters and water supplies.

As you can clearly see, both the intention and the letter of Act 13 regarding the Impact Fee mandate that any money received under §2314 be spent on those impacted by “natural gas production from unconventional gas wells.”  And unless there are other communities or individuals that fit that description, you are obligated to spend the full $1.1 million on the Woodlands community.

Marcellus Outreach Butler is a group of Butler County, Pennsylvania individuals and coalitions concerned about the health and safety of our communities due to horizontal, slickwater, hydrofracture drilling in Marcellus Shale for the extraction of natural gas.

Cited:

Biller, Ed.  “Neighbors Continue Battle about Water.”  Butler Eagle 19 Jan. 2013.

Garrett, Kelly B.  “Marcellus Shale Windfall Unspent.”  Butler Eagle 2 Jan. 2013.

Olson, Laura.  “Ellis: impact fee for locals only.”  Post-Gazette 16 June 2011.
Maggie Henry
2/15/2013 01:17:21 pm

So can't the center sue or being put out of business by the o&g industry?
Can the residents of the woodlands sue for the money for water? Why should there ever be any uncompensated costs? Oil and gas should pay for what they do!

gas royalties link
4/24/2013 07:49:21 pm

Day by day the demand for natural gas increases. I think we all need to use natural gas as a clean energy source.


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