![\"Texas](\"http:\/\/theamericanenergynews.com\/wp-content\/uploads\/2015\/03\/Drew-Darby.jpg\")
<\/a>On March 10, Rep. Drew Darby, chairman of the House Energy Resources Committee, and Sen. Troy Fraser, chairman of the Senate Natural Resources & Economic Development Committee introduced identical bills (HB 40 and SB 1165) to\u00a0limit local regulation of oil and gas activities.<\/p>\n
The Texas Municipal League says the legislation would expressly pre-empt most regulation of oil and gas operations by cities and all other political subdivisions.<\/p>\n
\u201cIf this bill is passed, you could have a drilling rig operating right beside your back fence, your child\u2019s day care center, your church or a hospital with all of the around-the-clock noise, hazardous materials, emissions and truck traffic that accompany drilling activity,\u201d said Executive Director Bennett Sandlin.<\/p>\n
According to Sandlin, many Texas cities have adopted setback requirements to create a buffer zone between drilling rigs and homes, schools, parks and hospitals. \u00a0He says\u00a0the\u00a0Texas Municipal League\u00a0surveyed city ordinances in the Barnett Shale area in North Texas last year and found that 67 cities require buffer zones ranging from 300 feet to 1,500 feet between a well and residences.<\/p>\n \u201cIf city setback ordinances are nullified, homeowners can be robbed of their property values overnight without any compensation or recourse,\u201d Sandlin said.\u00a0 \u201cIt amounts to a government-sanctioned taking of their property rights.\u201d<\/p>\n Todd Staples, president of the Texas Oil & Gas Association, shot back, accusing the League of publishing “patently false statements” about the proposed legislation.<\/p>\n “Contrary to TML\u2019s press release, the legislation specifically asserts that cities can enact commercially-reasonable ordinances related to surface activity that is incident to oil and gas operations,” said Staples.<\/p>\n “Examples would include noise, traffic, lights and siting provisions. HB 40 and SB 1165 also affirm the state\u2019s role to regulate oil and gas activities like drilling, fracking and production with comprehensive regulations that are protecting Texans and the environment.”<\/p>\n Staples argues that the legislation strikes the right balance by recognizing the right of cities to enforce reasonable restrictions on surface activities during oil and gas operations, and the responsibilities and expertise of state agencies for oil and gas regulation.<\/p>\n “The Texas Oil & Gas Association agrees that reasonable regulation and a long history of cooperation between cities, the state, and energy companies have been the key to addressing local concerns, protecting the environment, and growing our economy,” he said.<\/p>\n “If anything, HB 40 and SB 1165 protect that legacy by clarifying the responsibilities of cities and the state for regulating the oil and gas industry.”<\/p>\n Who’s correct,\u00a0Sandlin or Staples? Listen as American Energy News publisher Markham Hislop discusses the issue with Dr. Kenneth Green.<\/p>\n<\/a>