Responsible Drilling Alliance
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Responsible Drilling Alliance Newsletter
Ain't No Sunshine  
March 15 ,2012 
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Ain't No Sunshine

 

Dear RDA Members and Friends,

 

Tucked away near the dismal end of HB 1950, someday to be know by those who fashioned it as unlucky Act 13, is a cryptic little gem numbered section 3305 subsections (c) and (2):

 

Exemptions -- An opinion under subsection (a) and an order under subsection (b) shall not be subject to: ...65 Pa. C.S. Ch. 7 (relating to open meetings)

 

A stint as a CIA decoder, or possibly a law degree would be necessary for most of us to figure out what the above means. But as you, our weekly reader of exceptional insight, may have correctly surmised, 65 Pa. C.S. Ch 7, is what is commonly known as the "Sunshine Law".

 

The word "opinion" in the exemptions refers to:

 

"Advisory opinions to municipalities"

 

While an "order", as has been well publicized, is issued after:

 

" An owner or operator of an oil and gas operation, or a person residing within the geographic boundaries of a local government, who is aggrieved by the enactment or enforcement of a local ordinance may request the commission to review the local ordinance..."

 

Why the entity referred to under section 3305 only as the "commission" is exempted from the Sunshine Act is a mystery we can only speculate upon. Another guess is that, according to this new, egregious PA law, "Commission" refers to the Pennsylvania Public Utility Commission. Though the more paranoid among us may perhaps think the word is intended to indicate the now inactive and silent Governor's Marcellus Shale Commission, and the more optimistic may default to last fall's roundly ignored Citizen's Marcellus Shale Commission, it is probably a safe bet to go with the PUC.

 

But wait! The P in PUC stands for "public", so why would something public need an exemption from the Sunshine Law, the ruling that allows citizens rightful admission to the meetings of governmental bodies? Could it be due to the PU emanating from the rotting carcass of the "conference committee" that put together the final version of HB 1950?

 

Why isn't there any mention of the PUC, let alone the Sunshine Act in prior incarnations of HB 1950? We don't see it in Printer's Number 2837. That version, the last one prior to the number that became Act 13, was laden with plans for the state's Attorney General to be the judge of an ordinance's "reasonableness" in matters regarding municipal zoning for gas industry activities. Could it be the very non bi-partisan conference committee, seeing the amount of public outcry over handing over such power to an elected official, saw an opportunity for an even greater triumph, handing over such power to appointed PUC Commissioners?

 

How could anyone in positions of power in our civil society have been that cynical and opportunistic? And how could the environmental community and the other handful of concerned citizens who actually attempt to pay attention to Pennsylvania's legislative machinations allow their hard work and good intentions to be steamrolled to such a degree?

 

It may seem like yet another in the long line of shale related sham formalities but the PUC is currently accepting comments on how it will administer its part of Act 13, including its role in evaluating local ordinances. For details see:

 

http://www.puc.state.pa.us/general/press_releases/press_releases.aspx?ShowPR=2945

 

The 20-day comment period starts today, March 15th. Look for an upcoming newsletter with suggestions on how to form substantive commentary.

 

As a reminder of the rationale behind the enactment of the Sunshine Act, this from October 15, 1998 , P.L. 729, No. 93:

 

65 Pa.C.S.A. � 702. Legislative findings and declaration

 

(a) Findings. - The General Assembly finds that the right of the public to be present at all meetings of agencies and to witness the deliberation, policy formulation and decision making of agencies is vital to the enhancement and proper functioning of the democratic process and that secrecy in public affairs undermines the faith of the public in government and the public's effectiveness in fulfilling its role in a democratic society.

 

(b) Declarations. - The General Assembly hereby declares it to be the public policy of this Commonwealth to insure the right of its citizens to have notice of and the right to attend all meetings of agencies at which any agency business is discussed or acted upon as provided in this chapter.

 

With the enactment of Act 13, the long-standing declaration known as the Sunshine Law was thrown under the bus, or perhaps better said, the frack truck. Listen carefully, and you may just hear those in Harrisburg responsible for this atrocious new law joining with their gas industry partners as they lift their voices in a chorus of "Ain't no sunshine". 

 

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Responsible Drilling Alliance Board of Directors
Ralph Kisberg
Robbie Cross
Janie Richardson
Mark Szybist
Barbara Jarmoska
Jennifer Slotterback

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