On July 17, 2014, the Commonwealth Court of Pennsylvania ruled on the issues regarding Act 13 that the Pennsylvania Supreme Court had remanded to it in the Supreme Court’s December 2013 decision. The Commonwealth Court held constitutional Act 13 provisions providing (1) notice requirements related to spills should be made to public drinking water systems, without the same notice requirement for private drinking water systems [Section 3218.1], (2) physician non-disclosure requirements, prohibiting healthcare professionals from disclosing to others regarding the composition and quantities of hydro fracturing constituents [Section 3222.1], and (3) granting certain natural gas transport, storage, or sale corporations the power of eminent domain [Section 3241(a)].
However, the Commonwealth Court determined that Section 3305, which provided the Pennsylvania Utility Commission (“PUC”) with the ability to review zoning ordinances for compliance with Pennsylvania law and to withhold distribution of impact fee funds to communities with noncompliant ordinances, was unconstitutional. As a result of the Supreme Court decision to strike down portions of Act 13, the Commonwealth Court found that municipal ordinances related to drilling remain under the jurisdiction of the respective county Courts of Common Pleas, and that Section 3305 was not severable from the remainder of Act 13.
The PUC has appealed the ruling on Section 3305 to the Pennsylvania Supreme Court.
Click here to read the Commonwealth Court decision.