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keepingSCORE January 2012 - BIPAC

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Budget Energy Environment Health Care Infrastructure Labor Legal Tax Workforce<br />

DEFINING SUCCESS<br />

To be competitive, Pennsylvania businesses must be able to<br />

procure plentiful, reliable, and affordable energy. This requires<br />

the infrastructure and regulatory climate that fosters generation,<br />

transmission, and distribution systems throughout the<br />

Commonwealth. Specifics:<br />

Develop and exploit all energy sources and technologies allowing<br />

market forces to determine eventual ―winners and losers‖<br />

without government favoritism or sanction.<br />

Facilitate the development of Marcellus Shale natural gas<br />

reserves.<br />

Oppose severance tax until the industry is successfully rooted<br />

in the Commonwealth and then consider only in light of competitiveness<br />

with other states.<br />

GETTING IN THE GAME<br />

Call your state lawmakers. Tell them to pass legislation soon<br />

that provides certainty to Pennsylvania’s growing natural gas<br />

industry by setting standards, defining the role of municipal governments<br />

in drilling and industrial operations, and establishing<br />

the parameters of an impact fee. Click here to find the contact<br />

information for your state lawmakers.<br />

Marcellus Shale Impact Fee legislation has been voted in both the House and Senate and appears to be<br />

moving toward a consensus resolution between the two chambers. House Bill 1950, introduced by Rep.<br />

Brian Ellis (R-Butler), passed the House 107-76 with twenty members not voting. Likewise, SB 1100, introduced<br />

by Senate President Pro Tempore Joseph Scarnati (R-Jefferson), providing similar impact fee language,<br />

passed the Senate by a 29-20 vote in November. Both of these bills provide for the assessment of<br />

so-called impact fees which are intended to offset any adverse impacts resulting from drilling for natural<br />

gas in the Marcellus Shale gas fields which underlie a large portion of Pennsylvania. Both of these bills<br />

create a special fund within the General Fund and prohibit any impact fee revenues from being placed in<br />

the General Fund. The Pennsylvania Business Council, Pennsylvania Chamber and others in the business<br />

community have been working aggressively to ensure that any impact fee legislation is competitive with<br />

fees and taxes in other states, and provides a uniform regulatory framework for Marcellus Shale gas wells<br />

preventing individual municipalities from imposing their own ordinances and fees. Legislative leaders are<br />

working on a deal to take to a formally convened conference committee.<br />

House Bill 1294 was adopted by the House in October on a 184–17 vote and now awaits action in the<br />

Senate Consumer Protection and Professional Licensure Committee. This legislation would authorize the<br />

PUC to approve alternative ratemaking mechanisms for regulated utilities, including gas, electric, water,<br />

and wastewater utilities allowing them to begin to recover their capital investments in a more timely way<br />

and enable them to proceed with important Pennsylvania infrastructure improvement. These charges<br />

should be used to make distribution and collection systems that maintain and improve the reliability and<br />

safety of utility services, and that protect the environment of the Commonwealth. The Legislature provided<br />

a similar financing tool – known as a Distribution System Improvement Charge, or DSIC – to water companies<br />

in 1996 and it has been working well. Other states have followed this example and expanded the<br />

authorization for electric, gas, and wastewater infrastructure improvements. The legislation and the PUC<br />

would provide adequate safeguards for customers to just and reasonable rates. Alternative ratemaking<br />

would also protect customers from sudden rate spikes for infrastructure.<br />

The proposed XL Pipeline to transport crude oil from Canadian tar sands in northeastern Alberta to multiple<br />

distribution points in the United States has been halted by President Obama. The XL Pipeline is an extension<br />

of the Canadian Keystone pipeline which was proposed in 2005 by TransCanada Corporation and<br />

completed in 2010 after five years of delays. Construction of the Keystone XL pipeline is supposed to create<br />

at least 20,000 jobs in the US and is supposed to help make America less dependent on oil from the<br />

Middle East. The President blamed his decision on a requirement to reroute the pipeline because the original<br />

route would have passed through the environmentally sensitive Sand Hills of Nebraska. Policymakers in<br />

Nebraska report they would have been able to find an alternative route well before construction would<br />

have reached the state. TransCanada is now considering a route to Texas, rather than the Gulf Coast, that<br />

might not require Federal Government approval.<br />

Pennsylvania Business Council 116 Pine Street, Suite 201 Harrisburg, Pennsylvania 17101 717-232-8700 www.pabusinesscouncil.org

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