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PennFuture Session Daze :: brief, informative, and interesting looks at public policy, especially in Pennsylvania PennFuture Session Daze :: brief, informative, and interesting looks at public policy, especially in Pennsylvania
Showing posts with label natural gas. Show all posts
Showing posts with label natural gas. Show all posts

Wednesday, July 15, 2015

Key questions for evaluating severance tax legislation

Pennsylvania lawmakers are in the third week of a budget stalemate that even the most optimistic political observers saw from miles away. I cannot overstate how important these budget negotiations are to the environment. In addition to funding state environmental protection agencies, the budget negotiations include debate on levying a severance tax on natural gas drilling and using part of that revenue to invest in Pennsylvania's clean energy economy as well as enforcing environmental regulations.

So far, the severance tax has been a moving target in the budget debate. Negotiations have ranged from haggling over the details to outright hostility. Legislative leaders such as Rep. Mike Turzai (R-Allegheny) have been particularly outspoken and largely refuse to negotiate with Gov. Tom Wolf on any aspect of the tax. Other leaders, such as Sen. Jake Corman (R-Centre), are more open to negotiating.

Negotiations are expected to continue at least for another couple of weeks, if not longer. But as the negotiations drag on though, there are some key questions to keep in mind when evaluating any potential piece of severance tax legislation:

  1. Where is the revenue going? The most important part of any severance tax proposal is how the revenue is invested. PennFuture has strongly advocated that part of the revenue must go to re-starting key clean energy programs as well as beefing up enforcement of environmental regulations. In both cases, budget cuts have severely depleted these programs at a staggering cost to the environment. Their inclusion in any severance tax legislation is crucial.
  2. What about the Impact Fee? In 2012, policymakers implemented a "Impact Fee" on natural gas drillers that effectively taxes the industry at the lowest rate of any state with gas drilling. The majority of the revenue from the fee is returned to local municipalities impacted by drilling to rebuild their infrastructure. As a result, the Impact Fee is very popular among drilling counties, making whether the Fee remains or is eliminated due to levying a severance tax a key negotiation sticking point.
  3. What about the price floor? Gov. Wolf's severance tax proposal includes a "price floor" of $2.97/mcf, meaning that natural gas drillers would be taxed at $2.97/mcf even if the price of gas falls below this level. In theory, the price floor protects state revenue from possible fluctuations in the price of gas as well as guaranteeing a minimum level of revenue. Currently, natural gas prices in Pennsylvania are lower than the price floor, but are expected to rise as pipeline projects are completed. Nonetheless, the natural gas industry still decries the price floor.
  4. What about policy riders? During the course of crafting legislation, the General Assembly has a funny habit of sneaking in provisions in larger bills it knows it can't pass on its own. Their hope is no one notices. Any potential severance tax deal will offer an opportunity to do the same and we've already seen legislative leaders attempt to eliminate new oil and gas regulations by slipping a provision in the Fiscal Code bill. It's entirely possible a similar situation could happen again, potentially reducing the overall benefit of the deal.
Ultimately, the severance tax is crucial environmental policy - if not the most important piece of environmental policy to be enacted in 2015. It's vital we get it right.

Matthew Stepp is director of policy for PennFuture and works out of our Philadelphia and Harrisburg offices. He tweets @MatthewStepp.

Wednesday, April 22, 2015

The real story behind regulating natural gas drilling in Pennsylvania

Talk about being rude. I wrote an entire blog post without actually introducing myself to PennFuture’s dedicated readers! Hi, I’m Matthew Stepp – PennFuture’s new director of policy. I’ll be sharing my thoughts, rants, and reactions in Session Daze on all things state and federal policy. I’d dive deeper into who I am, but I actually think this post—and my participation in the PCN Call-In Show earlier this week—is a good introduction. I look forward to connecting with PennFuture’s readers across Pennsylvania in the weeks and months ahead.

On April 20, I participated in the PCN Call-In show, along with Marcellus Shale Coalition President David Spigelmyer, to discuss the issues surrounding natural gas drilling in Pennsylvania. My message was straightforward: Thoughtful oil and gas policies are necessary so that all Pennsylvanians benefit from affordable, environmentally sustainable energy. Mr. Spigelmyer’s message was the opposite: If Pennsylvania wants cheap energy, trust us and let the oil and gas industry do what it wants to Pennsylvania’s air, water, and land.

A stark difference, no doubt! 

In fact, the show teased out a number of critical points central to the statewide debate on issues surrounding shale gas drilling. 

It’s not a choice: Pennsylvania can have cheap and clean energy 

If you listen closely to Mr. Spigelmyer’s comments—as well as the comments of his colleagues throughout the oil and gas industry—he’s offering Pennsylvanians a black and white choice. We can either grow the state economy through shale gas or incur economic catastrophe through environmental sustainability. 

This could not be farther from the truth. Through common sense regulations and a state energy policy that looks to the future and not just the present, Pennsylvanians can have cheap energy as well as clean air, water, and land. It’s not a give and take. And one only needs to look to other leading states, such as Colorado, that are benefiting from regulated shale development while investing in zero-carbon renewable energy and energy efficiency. The catch is Colorado is benefiting from low energy costs similar to Pennsylvania but without the pollution. Pennsylvania can do the same. 

Strong regulations needed to cut methane emissions 

A big issue with shale development is the release and leakage of methane—a greenhouse gas 84 times more potent in its first 20 years than CO2. In fact, it is possible methane leakage eliminates the climate change benefits from electricity producers switching from burning coal to burning less carbon-intense natural gas. 

Mr. Spigelmyer argues that his industry is taking the problem seriously for no other reason than to capture leaked methane and sell it. In other words, it is profits leaking out of their pipes. And industry has a point. The Pennsylvania Department of Environmental Protection (DEP) released data this week that found methane emissions from oil and gas drilling declining. This comes after similar findings from the U.S. Environmental Protection Agency (EPA). 

But you need to crunch the numbers. The reality is methane emissions are decreasing in areas of natural gas production that are regulated. In particular, the EPA promulgated new rules in 2012 that required drillers to control methane leaks from fractured wells, otherwise known as green completions. Both the EPA and DEP found that the reductions were narrowly focused on these leaks. Other areas of production, such as pneumatic devices, dehydrators, and fugitive emissions, actually increased. 

The lesson here is that regulations work. The oil and gas industry is responding to thoughtful methane regulations in a serious way, but not responding to other unregulated leaks. Broader and stronger methane emission regulations are needed to kick start industry into action. 

The public must have a voice on regulating shale gas 

For a decade, the oil and gas industry has had free rein in Pennsylvania and that time is coming to an end. In the interest of our environment, the sanctity of our public and private lands, as well as our climate, the state is proposing regulations to limit negative impacts stemming from drilling activity. Unfortunately, the oil and gas industry is doing everything it can to limit public engagement during the creation of these regulations. For his part, Mr. Spigelmyer did everything he could to not answer questions on this topic during the show. 

As I said during the PCN Call-In Show, PennFuture is astonished and deeply concerned at industry's efforts to block the public’s voice. While the oil and gas industry believes the public is not knowledgeable enough to engage in technical conversations surrounding these regulations, I believe the public understands the issues surrounding drilling better than anyone. The drilling is occurring in their backyards, near their schools, and on their farms. The public interest should have every opportunity to engage the regulatory process. 

A severance tax will build the bridge between shale gas and zero-carbon energy 

Mr. Spigelmyer’s most vociferous criticism of Pennsylvania shale gas policy centered on Gov. Tom Wolf’s proposed severance tax. Under his predecessor, Gov. Corbett, a modest “Impact Fee” was levied on oil and gas drillers that charged a flat amount per well and shared the revenue with all counties of the Commonwealth. Gov. Wolf has proposed replacing the Impact Fee with a direct tax on the value of the gas being extracted from the well and using the revenue to not only invest in the counties, but also invest in stronger oversight of the drilling industry as well as clean energy programs. 

The nut of the criticism is that the severance tax will cost oil and gas drillers more than the Impact Fee. In response, Mr. Spigelmyer and his industry colleagues argue that “capital will leave the state” if the severance tax is implemented—a threat that I believe is hollow. Pennsylvania is the only shale-producing state without a severance tax. In fact, Gov. Wolf’s proposal is similar to other state severance tax policies such as West Virginia. As industry’s argument goes, drillers would pick up and leave Pennsylvania to go to another state that has the very tax from which they purport to be running. Doesn’t make sense, right? 

The truth is, Pennsylvania is one of the largest sources of natural gas in the world—many of the top producing wells are located in Susquehanna County. The oil and gas industry is not going to turn away from such production because of a modest tax proposal similar to neighboring states. 

And we cannot talk about the efficacy of a severance tax in a vacuum. To fully understand how good of a deal the oil and gas industry is getting in Pennsylvania—and will continue to get even with a severance tax and thoughtful regulations—look no further than the $3.2 billion in annual subsidies that fossil fuels receive from Pennsylvania.

Matthew Stepp is director of policy for PennFuture and works out of our Philadelphia and Harrisburg offices. He tweets @MatthewStepp.

Wednesday, March 11, 2015

PennFuture commends Gov. Wolf's budget proposal to reinvigorate clean energy investment

Our statement of March 3 on Gov. Tom Wolf's proposed budget, which includes new clean energy investment and stronger gas industry enforcement:

PennFuture today praised Gov. Tom Wolf for his bold plans to reinvigorate Pennsylvania’s investments in clean energy as part of the administration’s proposed 2015-16 fiscal year budget. Wolf delivered his first budget address this morning to a joint session of the Pennsylvania General Assembly.

        The Wolf administration unveiled a proposal to invest $225 million in revenue from a new drilling tax in a comprehensive energy portfolio that includes $50 million to re-launch the PA Sunshine Solar program; $50 million to improve energy efficiency at small businesses, local governments, schools and nonprofits; $30 million for a combined heat and power grant program; $30 million for clean energy market development; $20 million for clean energy and energy efficiency projects in the agricultural sector; and $20 million for a wind energy generation program.

        “Not long ago, Pennsylvania was a national leader in clean energy production and clean energy jobs,” said John Norbeck, acting president and CEO of PennFuture. “Governor Wolf’s proposed new investments will send a powerful signal to both entrepreneurs and markets that Pennsylvania is serious about regaining national leadership in solar, wind, energy efficiency and other clean technologies.”

        “Investing in new clean energy resources not only creates jobs, protects the environment, and helps break our dependence on fossil fuels, but it will also help to put the breaks on rising energy costs,” said Rob Altenburg, director of the PennFuture Energy Center. “Dedicating $50 million to energy efficiency projects at schools, municipalities, and small businesses is a common-sense measure that has proven results. Independent studies have shown that these investments can return to our citizens more than double what is invested.”

        PennFuture also praised the Wolf administration’s plans to boost funding and staffing for the Department of Environmental Protection’s (DEP) oversight of the natural gas industry. DEP is slated to receive an additional $10 million for the inspection and oversight of oil and gas operations, and an additional complement of 50 staff for these activities.

        "We agree with the Wolf administration's approach to strong regulation of the natural gas industry and to have those rules strictly enforced,” continued Norbeck. “Gov. Wolf has pledged to regulate methane emissions from natural gas operations, and 70 percent of Pennsylvanians agree. As such, we are calling for a rulemaking for the direct regulation of methane in Pennsylvania."

Elaine Labalme is director of communications for PennFuture and is based in Pittsburgh. She tweets @NewGirlInTown.

Wednesday, November 20, 2013

Ask your state representative to sponsor HR 500 on the Loyalsock

Please ask your state representative to co-sponsor House Resolution 500 that urges Governor Corbett and Acting Department of Conservation and Natural Resources (DCNR) Secretary Ellen Ferretti to do everything in their power to prevent natural gas drilling operations in an extraordinary part of the Loyalsock State Forest in Lycoming County known as the Clarence Moore lands.

Representative Greg Vitali, D-Delaware, Democratic Chair of the House Environmental Resources and Energy Committee, plans to introduce HR 500 in the very near future. The resolution currently has 45 co-sponsors.

The Clarence Moore lands of the Loyalsock State Forest consist of 25,621 acres in northeastern Lycoming County. These lands hold a wealth of natural and recreational resources including the acclaimed 27-mile Old Loggers Path hiking trail; most of the watershed of Rock Run, an Exceptional Value stream often referred to as the most beautiful stream in Pennsylvania; the Devils Elbow Natural Area; large tracts of intact forest; plant and animal species of special concern; and a National Audubon Society-designated Important Bird Area.

Anadarko Petroleum Corporation proposes significant industrialization of the Clarence Moore lands for natural gas development. This proposed development includes at least 26 well pads, three compressor stations, impoundments, and miles of pipeline swaths and roads that will destroy, degrade and fragment these extraordinary public lands and natural resources of the Commonwealth.

An unusual land deed gives Governor Corbett and the DCNR extraordinary powers to protect these lands from natural gas development. A 1983 Commonwealth Court decision, backed up by a decision of the Pennsylvania Board of Claims, gives the administration the clear legal authority to deny surface access to Anadarko to over 75 percent of the Clarence Moore lands. The Department of Environmental Protection could restrict surface access to much of the remaining acreage based on the likely impacts to water and other resources under the powers provided by Act 13.

To search for your state representative by address, county or municipality, please visit the General Assembly's web site.

Wednesday, November 6, 2013

Bad bill threatening Pennsylvania's wildlife slated for first vote on November 13

The House Game & Fisheries Committee has scheduled a November 13 vote on House Bill 1576. This dangerous bill is an unprecedented attack by the natural gas, coal and other industries on Pennsylvania's wildlife and the ability of our wildlife management agencies to protect our mammals, birds, fish, reptiles and amphibians on the basis of science.

To learn more about House Bill 1576, please see my recent blog on the bill as well as testimony from the Pennsylvania Fish & Boat Commission and the Pennsylvania Game Commission.

It is vital that all legislators, but especially members of the House Game & Fisheries Committee, hear from their constituents on this legislation.

Here is a link to PennFuture's action alert on HB 1576.

Below is a list of all members of the House Game & Fisheries Committee. The list includes contact information and links to maps of the members' legislative districts. Please note whether your state representative is a member of the committee and if you have contacts who share your concerns in the districts of members of the committee.

Here is a link to identify your state legislators by a person's address or county.

Thanks for your help!


Rep. Martin T. Causer, Chair
District 67: McKean, Cameron and Potter counties
mcauser@pahousegop.com 
(717) 787-5075 
Fax: (717) 705-7021

Rep. Todd Rock, Vice Chair
162A East Wing
District 90: Franklin
trock@pahousegop.com
(717) 783-5218 
Fax: (717) 260-6505

Rep. Gregory S. Lucas, Secretary
District 5: Crawford and Erie
glucas@pahousegop.com
(717) 772-9940 
Fax: (717) 782-2925

Rep. Jim Cox
District 129: Berks
jcox@pahousegop.com
(717) 772-2435 
Fax: (717) 260-6516

Rep. Joe Emrick
District 137: Northampton
jemrick@pahousegop.com
(717) 260-6159

Rep. Harold A. English
District 30: Allegheny
henglish@pahousegop.com
(717) 260-6407 
Fax: (717) 783-5740

Rep. Garth D. Everett
District 84: Lycoming
geverett@pahousegop.com
(717) 787-5270 
Fax: (717) 772-9958

Rep. Mindy Fee
District 37: Lancaster
mfee@pahousegop.com
(717) 772-5290 
Fax: (717) 783-1904

Rep. Keith Gillespie
District 47: York
kgillesp@pahousegop.com
(717) 705-7167 
Fax: (717) 772-9869

Rep. Marcia M. Hahn
District 138: Northampton
mhahn@pahousegop.com
(717) 783-8573 
Fax: (717) 783-3899

Rep. Doyle Heffley
District 122: Carbon
dheffley@pahousegop.com
(717) 260-6139 
Fax: (717) 782-2885

Rep. Mark K. Keller
5 East Wing
District 86: Perry and Franklin
mkeller@pahousegop.com
(717) 783-1593 
Fax: (717) 705-7012

Rep. David M. Maloney Sr.
District 130: Berks
dmaloney@pahousegop.com
(717) 260-6161 
Fax: (717) 782-2883

Rep. Dan Moul
District 91: Adams and Franklin
dmoul@pahousegop.com
(717) 783-5217 
Fax: (717) 772-5499

Rep. Michael Peifer
District 139: Monroe, Pike and Wayne
mpeifer@pahousegop.com
(717) 783-2037 
Fax: (717) 782-2910

Rep. Gary Haluska, Democratic Chair
District 73: Cambria
ghaluska@pahouse.net
(717) 787-3532 
Fax: (717) 783-7548

Rep.. John T. Galloway, Democratic Vice Chair
District 140: Bucks
jgallowa@pahouse.net
(717) 787-1292 
Fax: (717) 780-4780

Rep. Gerald J. Mullery, Democratic Secretary
District 119: Luzerne
gmullery@pahouse.net
(717) 783-4893 

Rep. Frank Farina
District 115: Lackawanna and Wayne
ffarina@pahouse.net
(717) 783-5043 
Fax: (717) 787-1231

Rep. Marc J. Gergely
District 35: Allegheny
mgergely@pahouse.net
(717) 783-1018 
Fax: (717) 780-4779

Rep. Kevin Haggerty
District 112: Lackawanna
khaggerty@pahouse.net
(717) 783-1359 

Rep. Deberah Kula
District 52: Fayette
dkula@pahouse.net
(717) 772-1858 
Fax: (717) 780-4784

Rep. Tim Mahoney
District 51: Fayette
tmahoney@pahouse.net
(717) 772-2174 
Fax: (717) 780-4786

Rep. Pam Snyder 
District 50: Greene, Fayette and Washington
psnyder@pahouse.net
(717) 783-3797 
Fax: (717) 772-3605

Rep. Jesse White
District 46: Washington, Allegheny and Beaver
jwhite@pahouse.net
(717) 783-6437