Title:2012-10-26 13.03 Planning for Shale Development_ Booms Part 4

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قسمتي از متن فيلم: There are a lot of federal regulations out there I have been in hearings where advocates for the natural gas industry has said that all local regulation is preempted by the federal the federal coverage and they they go on to recite something in the vicinity of 28 or 25

Federal laws I think it’s important to recognize that there are a whole bunch of federal laws out there we’ve highlighted a few here on the screen for you but they’re not pre-emptive of the entire area the local regulation might want to exist in and the planners may

Have a play in so from here what I’d like to do is just talk about you know moving from the Federals to the state there are residual powers that the states have those might be delegated from those federal programs that i flashed a second ago and i’m trying to

Catch up sometime or they might be standalone powers that the state has because of the federal government not fully occupying the field there are state programs that many of us are working with and many of you are working with that deal with oil gas mineral rights legislation and regulation some

Of those are changing fairly quickly some of those are being proposed and some of those are being fought over there are also indirect state programs what we’ll call other state programs that certainly have bearing on the natural gas activities that we’re all interested in those can be state water

Programs and those can go well beyond the federal water programs those can be state ground water resource programs and protection programs and I think Erika mentioned that as well and that there can be state specific programs that focus on regional significance or projects of regional significance that deserve particular attention when I and

When I step back I say why don’t we just go through that state federal or federal state and local consideration and the answer is preemption in my mind you know the two sort of most important issues that a municipality has to wrestle to the ground or that the planners have to

Wrestle to the ground when dealing with the natural gas ish you is whether and to what extent preemption is real preemption comes in two different flavors there’s explicit that’s the easy one where the federal or state program specifically says that it preempts any local government from operating or regulating in a particular

Area or a particular concern and there is implicit and implicit again comes in two flavors I would say one is where the state or federal program has so broadly covered the field that local regulation should not be allowed to enter into those disciplines and there are arguments about that that are ongoing

Today and the other is when a local regulation is directly contradictory or in conflict with a state or federal program and again there are arguments about whether or not certain local Oregon ordinances are falling into that area of implicit preemption I highlight a couple cases that you should all have

Available to you and I’ll run through them very quickly the first one you see there under the older Pennsylvania Oil and Gas Act there was a case that came up and in that case the court said that the local regulation local land use regulation would survive because it

Regulates we’re not how in the Pennsylvania Oil and Gas Act regulates how and so the local regulation could continue to exist similarly there’s another case at 2012 case in New York State that you know effectively was a band and the court in that case upheld the town’s ban it was not preempted and

From there we turn to the Robinson case in Pennsylvania and the arguments on appeal in this case were just heard on October 17 so we’re all waiting with bated breath to see how it comes out but in essence that case acknowledged that act 2013 could preempt local regulation

Of oil and gas operations and it went on to say to acknowledge that act 13 could preempt local regulation of environmental issues but ultimately it also said that I would be unconstitutional the law was unconstitutional by requiring each land-use organization or land-use ordinance to allow for natural gas

Activities in each of the zoning districts or areas and so you have a real tension there and again a challenge as planners in the state of Pennsylvania look to draft or revise or consider ordinances in the context of that particular case and what guidance it provides these aren’t something that I

Should spend more time on you’ve seen them all before I will flag that a couple at the bottom of here impact fees and exactions financial assurances I think run into a little bit more tough sledding in states where the oil and gas laws having already put in place financial responsibility instruments so

You you know you may find that those run into a little more difficulty in terms of preemption and identify a few additional tools very quickly you again probably seen them all the two that I would flag here or the one that I would flag here is most important for this

Short short seminar is the host community agreement we’ve seen it as an extremely successful frankly wonderful and effective tool I would I would caution that you always need to be very careful about who the agreement is going to bind what is going to happen pursuant to that agreement and what happens if

Party bands sells off its assets and finally what portions of it it or perhaps all of it can be recorded on the land records to have effect above and beyond simply the parties being controlled by the agreement and signing the agreement thank you very much Earl as a follow-up it’s a community elected

To more aggressively regulate what potential assertions or claims against the regulation might a well prepared planner into the paint yeah again I won’t repeat I you think item 1 and item two are clearly you know look at the enabling legislation make sure the power is there and second make sure that you’re

Drafting so that you’re fairly / you know fairly clear that you’re not preempted the rest of these arguments the due process argument an equal protection argument we have certainly seen heard and you will hear and see that there are times when those in the industry will question whether or not

They are being fairly treated and frankly when compared to other similar activities or comparative activities in the same community there have been arguments and you could anticipate or should anticipate if the regulation is aggressive that you’ll hear arguments of exclusionary zoning that by virtue of the regulation being as aggressive as it

Is it’s effectively a prohibition on the activity and lastly that’s often tied to inverse condemnation claim where those out there who believe that they should be allowed under the local ordinance to undertake the natural gas activity are effectively saying that you’ve accomplished through regulation taking

And that they aren’t in a position to go forward or proceed with their activity and therefore the road just compensation thank you very much now Colin you drafted the oil and gas regulations for the city of Arlington Texas could you please talk about how your regulations have a dress effects from shale

Development yes we’re just going to kind of just places on four different topics setback noise traffic and site maintenance in the city of Arlington and in the Barnett Shale in general may municipality have different gas flow ordinances so I’m just speaking on behalf of the city of Arlington’s gasps

Well ordinance the setbacks limits for the city of Arlington are six hundred feet from a wellhead or the area around the wellhead to a protected use and we define a protected use as a residence or a religious institution hospital a daycare public private school from that

۶۰۰ feet that can be reduced down to 300 feet if seventy percent of the residents in that area the protective uses in that area I will sign off and our City Council will vote on that so we have to establish a zoning area around the well site to make sure

That drill sites are not being placed within that 62 300-foot boundary set up in our ordinance as far as noise is concerned we require all drilling permits to do an ambient noise study prior for a permit to be issued a noise study has to be done where company will

Go out and they will take an ambient reading of the surrounding area the surrounding area will give them a good decibel level and they’ll take that decibel level and we allow them to have small increments above the normal noise level in that area five decibels during the daytime three decibels at night this

Will allow us to try to minimize them in a noise pollution that is produced during the drilling the fracturing the flow back stages that you have during the whole life of these wells also we look at traffic we do a traffic maintenance study a lot of these sites

All the all the traffic studies that we do allow us to try to figure out what the best way to get rigs in and out fracking equipment in and out and just normal delivery trucks in and out of a pad site with doing the minimal amount of nuisance or traffic congestion for

Our residents sometimes it’s difficult sometimes we have areas where they’re having to go very close to residential areas or schools and so in those times we have to set up time limits for traffic where they’re able to come in during early early morning hours or late

At night but they’re not able to come during school hours so traffic maintenance is something that we have to be constantly looking at and inspecting to make sure that the rigs and the trucks that are coming in and out these pad sites are using their allowed traffic route and also site maintenance

From the moment that a pad site is construction to the time that it’s in production and it’s just sitting there we have inspectors that go out we they monitor and they inspect the pad sites not only for planning issues as walls trees landscaping those types of things but also for technically

She’s going on site looking at well has looking at the tank batteries inspecting aspects of every single inch of the the pad site to make sure that not only is it staying within its its legal permit but it’s also staying within a reasonable amount of nuisance to the

Citizens in the surrounding area but those are just some of the normal things that we’re looking at in our ordinance here in the city of Arlington it’s quite complex it’s quite large and we do our best to regulate but not to over-regulate at the same time thanks

For that colin the fred what lessons have Garfield County Colorado learned from shale development in terms of planning for the long term thanks sorel so this is probably part of the key of this whole presentation is the boom bus and the beyond part of it and Garfield

County has reeled from massive boom and bust we certainly had the oil shale bust in the early 80s that was extremely significant so broadening your economic base of your community so you’re not just reliant on that one industry is really the goal now the how to of course is extremely complicated and difficult

And and market-driven but for Garfield County we have put in place what’s called the oil and gas mitigation fund you know it’s the rainy day fund you’ve got the federal mineral lease district I could talk about that in a minute we’ve also really tried instant instead of viewing oil and gas operation operators

As someone from the outside we worked hard to begin more of a collaborative spirit in planning for the future and working with them and having them work with us and I have an example of that later on to what this means economically there are certainly the significant impacts to infrastructure housing and

All of those things that we’ve talked about a critical part of this though to that it really should be acknowledged are the economic benefits that can come from this and by way of example we have a fund balance and garfield county over a hundred million dollars that’s a lot of money given

Where the most of the counties in the United States are I think we may be more self solvent in the state of Colorado but in any event you can see here we’ve got a three quarters of our property tax collected come from oil and gas thirty-five percent of our total revenue

From oil and gas completely so if that’s you know closing on 40 million dollars but we we have certainly eleven percent of the local direct and indirect jobs are connected to oil and gas and then of course these bring high wages working working living wages and that’s critical

For for a lot of these areas of course you’ve got to be able to to plan in particular infrastructure if you can take some of those tax dollars and and begin weaving that into your your system I think that’s critical and your your your political boards need to be

Astutely aware that and and then finally working those relationships can also allow you to do pretty unique infrastructure projects that are outside of like a tax excuse me a impact fee relationship that oral is talking about in some cases you can

ID: mF5o9TlQ6fc
Time: 1351284761
Date: 2012-10-27 00:22:41
Duration: 00:14:31

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