Agenda - Planning Commission - 10/09/2014

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Zoning Bulletin September 10, 2014 I Volume 8 ( Issue 17 Commonwealth Court must determine whether remaining provisions of Act, including those authorizing review of local ordinances and the withholding of impact fees, are severable or also unenforceable Citation: Robinson Tp. v. Corsi., 2014 WL 3511722 (Pa. Commw. Ct. 2014) PENNSYLVANIA (07/17/14)—This case addressed the constitutional- ity of certain provisions of Act 13 (58 Pa.C.S. §§ 2301-3504), which re- pealed Pennsylvania's Oil and Gas Act and replaced it with a codified statutory framework regulating oil and gas operations in Pennsylvania. More specifically, among other things, the case addressed whether 58 Pa.C.S. §§ 3302 and 3305 to 3309, which preempt local regulations, and authorize the Public Utility Commission ("PUC") to review local ordi- nances and to withhold impact fees from local governments, are severable from the provisions of Act 13 that were previously declared unconstitu- tional and unenforceable. The Background/Facts: In March 2012, various municipal bodies, including multiple counties, townships, boroughs, and officials, as well as individuals, filed with the superior court a complaint, challenging the constitutionality of Act 13 pertaining to Oil and Gas—Marcellus Shale. Act 13 repealed Pennsylvania's Oil and Gas Act and replaced it with a codified statutory framework regulating oil and gas operations in the Commonwealth. Among other provisions involving the levying and dis- tribution of impact fees and the regulation of the operation of gas wells, Act 13 preempted local regulation, including environmental laws and zoning code provisions except in limited instances regarding setbacks in certain areas involving oil and gas operations. Eventually, the Commonwealth's Supreme Court declared all of the substantive provisions contained in Chapter 33 of Act 13 to be unconsti- tutional and unenforceable. Among the provisions declared unconstitu- tional were §§ 3303 and 3304, which had preempted and superseded the local regulation of oil and gas operations regulated by the Common- wealth's environmental acts and which had required unifonnity in local ordinances, prohibiting certain regulations of the oil and gas industry, including zoning -related restrictions. After that ruling, the Supreme Court mandated that the Commonwealth Court of Pennsylvania determine whether any of the relevant provisions of Act 13 were severable and thus remained valid and enforceable. Among those reviewed, the Commonwealth Court looked at whether 58 Pa.C.S. §§ 3302 and 3305 to 3309—which preempt local regulations that conflict with Chapter 33, and authorize the Public Utility Commission ("PUC") to review local ordinances to determine whether they comply with Act 13 2014 Thomson Reuters 3