Allegheny County Executive Rich Fitzgerald endorsed a bill on Wednesday that would allow future county leaders to decide whether fracking companies can drill below and around county-owned parks, after vetoing county council legislation banning drilling in those parks entirely.
The veto sets up a vote on a possible override, perhaps as early as next week.
Mr. Fitzgerald, who has insisted that he won’t sign a lease for natural gas drilling in county parks during the remainder of his term, has also been adamant about leaving the decision to future officials. In justifying how drilling leases can benefit the county, Mr. Fitzgerald often cites a 2014 drilling project underneath Deer Lakes Park that brought in over $2 million for park improvements.
Environmental advocates, some of them on council, disagree. Bill 12162-22, which would ban fracking in county parks indefinitely, was passed in a July 5 meeting by a vote of 11-4, though it was quickly met by the executive’s veto pen.
In a public hearing ahead of that vote, over 100 climate activists voiced their concern that drilling in public parks — whether in them, below them, or near them — would negatively impact community members’ air and water quality, cause noise and traffic pollution on nearby roads, and endanger local wildlife.
The alternative Mr. Fitzgerald endorsed at a press conference Wednesday was introduced at the July meeting by Councilmen DeWitt Walton, Nicholas Futules and Robert J. Macey.
That bill, one he hopes council will vote into law, attempts to address some of the environmental issues, enacting water testing that would hold drilling companies responsible for increased pollution, requiring air monitoring, and limiting hours of operation to prevent noise and light pollution.
After Mr. Fitzgerald’s veto, one climate advocate called the move “not a surprise, but disappointing.”
“Fitzgerald’s explanation for his veto is confusing, but what it tells us is that he is committed to standing in the way of those of us who want to protect our county from the dangers of fracking,” said Food & Water Watch organizer Robin Martin. “Thankfully, the community leaders who worked so hard to build support for this ban, and the lawmakers who championed it alongside us, are not backing down.”
Mr. Fitzgerald emphasized that the core of the legislation, which would give local municipalities near drilling sites the opportunity to veto leases they don’t support. Another item, which Mr. Fitzgerald called “bad actor provisions,” would aim to prevent “irresponsible energy producers from participating and doing damage to the community.”
According to Mr. Fitzgerald, the provisions of the proposed bill, No. 12357-22, would grant veto power on a drilling lease either to the executive’s administration, county council, or local municipalities.
The executive added that this model of community participation would be similar to the West Deer project in 2014 under his leadership, when some community members supported the drilling project. Mr. Fitzgerald stressed the distinction that no fracking happened in that park during his tenure, but instead occurred 7,000 feet underneath the land.
Should the fracking ban he vetoed become law, Mr. Fitzgerald mentioned that any legislation passed in the future authorizing natural gas extraction underneath land owned by the county would repeal what was proposed in the bill, prompting the executive to describe it as an “exercise in bad government and is political theater.”
“If somebody brought forth a plan, and the administration sent it over to council, and council got eight votes to approve it, it would go forward,” Mr. Fitzgerald said. “My guess is, this council wouldn’t get eight votes, but my point is, if it passed, it would become law.”
Those eight votes he referenced would be the simple majority a future council would need to approve an industrial lease for a drilling project in public parks.
When asked what would constitute “bad actor provisions” for drilling companies seeking contracts with the county, the executive said he didn’t know all of the details yet.
“By putting a bad actor provision in there, you start to limit the amount of companies that can come in and do that. I see these companies get painted with a broad brush,” the executive said. “There’s companies that have done bad things, and companies that work responsibly.”
The executive added that the provisions would “probably be if [the company] was fined, maybe three times in the last couple years.”
But despite Mr. Fitzgerald’s veto this month, one member of county council soon vowed to fight back, given that council is granted the power to override an executive’s veto with 10 or more votes.
“Rich Fitzgerald has shown once again that he is on the side of industry, rather than the community,” said Councilwoman Bethany Hallam, who introduced the drilling ban bill, in a statement. “Not one person who has contacted me from any district has asked that we frack our parks – all have told me to ban fracking any way possible. All we keep hearing are excuses to have profits remain the priority over people’s health, safety, and welfare. My colleagues and I are dedicated to returning from recess for any special meetings called by President [Patrick] Catena for a veto override vote, and to vote yes (again) for this bill.”
Ms. Hallam later confirmed that Mr. Catena will call a special council meeting on Tuesday at 5 pm.
Mr. Fitzgerald also announced he was vetoing a bill that would give council veto power over the appointment of department directors and division directors, which he said was a violation of the Home Rule Charter.
First Published: July 13, 2022, 5:23 p.m.
