Penfield looks to extend moratorium on fracking

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Penfield town officials seem to be heading toward an outright ban on hydraulic fracturing within its borders, but that decision might be a year away.

The Town Board has scheduled a public hearing for Dec. 4 on extending a moratorium on the controversial practice of drilling for natural gas, also known as fracking.

Penfield Supervisor Tony LaFountain said the town has been working with an Ithaca, Tompkins County-based consultant on proposed legislation.

Its report came back later than anticipated, however, and given the time of year, extending the moratorium gives town officials time to review the data provided by the consultant and not rush into making a decision, LaFountain said.

“We’ll buy ourselves some time,” LaFountain said. “We’re probably heading in the direction of banning it altogether.”

Generally speaking, residents seem to support regulating fracking, LaFountain said, noting there has been some opposition to moratoriums and bans from the natural gas industry, both in Penfield and elsewhere.

Supporters say allowing fracking will lead to more hiring and economic benefit, although a statewide moratorium has remained in place for more than four years.

Unshackle Upstate, the business lobbying group, last month introduced a $860 million tax relief plan that calls for fracking in the Southern Tier. The group estimates 12,000 to 15,000 jobs would be created in the communities near the border of Pennsylvania, where fracking operations are underway.

Drilling also could result in $78 million in state revenue in the next fiscal year, with the potential for future growth, the group said.

Although several local municipalities have moratoriums in place — Perinton and Brighton have enacted bans — gas industry spokespeople also have said fracking is not likely in the foreseeable future in this county.

LaFountain acknowledged that Penfield is not a high-priority fracking location, but he is concerned about factors associated with it. Leaders in many towns have acted on fracking legislation to preserve a community’s right to make local decisions, also known as home rule.

New York lower courts in recent months have upheld home rule in a case involving fracking, although the Court of Appeals has taken up the case involving a ban in Dryden, Tompkins County, and a drilling company fighting it.

Democrats in the Monroe County Legislature have proposed a ban on fracking that would include a ban on the acceptance and treatment of wastewater and solid material resulting from fracking.

The possibilities of heavier truck traffic in town and its impact on local roads also is a reason Penfield is taking the issue seriously.

The town houses two mining operations that have indicated no intention of pursuing drilling operations, LaFountain said. But should a sale of the business in the future ever happen, regulations would provide a safeguard.

“Is there a small leap from rock mining to fracking?” LaFountain said. “We just want to be very sensitive about that potential leap.”