PUC Puts Impact Fee Final Implementation Order on Hold

A Commonwealth Court judge’s injunction in a lawsuit challenging a portion of the impact fee law has prompted the state Public Utility Commission to delay action on a final implementation order.   

The PUC is seeking clarification from the court before moving forward with the final implementation order for the impact fee law.  The injunction deals with the zoning portion of the law, but the PUC also has a role in that area. PUC spokeswoman Jennifer Kocher says they do not anticipate that the collection and disbursement of the fee will be delayed by the Commission’s decision to await a clarification. She says work is still continuing on the implementation of the act.

Kocher says the commission’s next scheduled public meeting is May 10th, but she could not say whether or not the order would appear on that agenda.

The Commission has jurisdiction in both the zoning and fee collection portions of the law.  Kocher says the PUC needs clarification on how the injunction impacts its role in reviewing local ordinances on oil and gas operations.   She says they hope to move other portions under their jurisdiction forward sooner, but they wanted to put everything on hold at this time to await that clarification. She says they felt there were some ambiguities in the court’s order.