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Hydro-fracking bans were up for discussion in both the Town and Village of Lansing this week as officials of both Lansings considered what, if any, action they will take to protect the two municipalities from potential negative impacts.  Supervisor Kathy Miller and Councilwoman Ruth Hopkins said they were in favor of scheduling a public hearing on a ban for July, but the majority of the town council feared that banning hydro-fracking now might send the wrong message to New York State Public Service Commission (PSC) before it rules on whether or not to keep the Cayuga Power Plant open.

"My concern is not the public hearing or the ban," said Councilman Ed LaVigne.  "My concern is the timing.  It would be tragic if we gave a perception that swayed the PSC to not re-fire this plant with natural gas, considering that this is the number one taxpayer in this County.  I am simply asking to wait a few months until the PSC has given their answer."

The Town passed a one-year moratorium in 2012 and extended it for another year in 2013.  The moratorium expired last year amid talk of a possible future outright ban.  The Town Drilling Committee recommended a ban and others advocated one as well.  Lansing resident Stephanie Behler and former Lansing Councilwoman Katrina Binkewicz both encouraged the board to schedule a public hearing.

Town officials have been strongly supportive of repowering the coal-powered northwest Lansing plant with natural gas.  If approved, a gas line would be extended from Freeville to the lake-side power plant.  It would also eliminate the need for train traffic on that part of the lake because there would be no more coal delivery.  The tax impact of closing the plant would be disastrous to property taxpayers in the Town, and school officials have warned that program cuts will result because it would be too difficult for individual taxpayers to take on the additional tax burden.

Because of the legal timing the a public hearing could not be scheduled before the July 17th Town meeting.  But LaVigne asked the board to table the discussion until that meeting, and then discuss whether or not to go forward with a public hearing.  He said once the PSC decides yea or nay there would be nothing stopping the Town from banning fracking if it wants to.

"There are two valid points of view here," said Town Attorney Guy Krogh.  "You can go back and forth on this forever, because how long do you want to be held hostage to the politics of Albany?  What if they take two more years to decide.  There are good arguments for, there are good arguments against.  There are good arguments for scheduling it, and if you need to kick it down the road another month you have to decide."

In Monday's Village of Lansing meeting Trustee John O'Neill, who is is the Village liaison to the Town Board, also noted that there is no state ban on hydro-fracking.  In a Town Board working meeting two weeks ago Krogh had noted there is no state-wide ban, despite the public's perception based on Governor Andrew Cuomos' speech last December.  Krogh said that a ban would have to be enacted by the legislature and no action has been taken since Cuomo declared his intention to pursue one.

"That's a shame," O'Neill said.  "Maybe we can have some movement on a fracking ban.

Village officials noted that there are few, if any, potential drilling sites in the Village, but Planning Board member Deborah Dawson noted that enabling fracking activities could have auxiliary impacts such as road damage from heavy trucking and water quality impacts if the Village does not enact some protective legislation.

"That's something I campaigned on and I would like to see just a discussion on it," said Deputy mayor Gerry Monaghan.  "A feasibility study.  We're not going to do anything sweeping, but I absolutely agree.  I think it would send a very clear message that as a Village we stand with other municipalities."

Village Attorney David Dubow noted that if the Town enacts a ban it would not encompass the Village.  Trustee Ronny Hardaway said that minimally the board should start a discussion on whether or not the Village should enact a ban.

LaVigne asked Krogh Wednesday whether a mining company could legally frack in New York today.  Krogh said that if a mining company wanted to drill in New York there will be nothing preventing them except for normal permitting, once a state environmental review is completed.

"The minute that environmental impact statement process is closed, presumably they could apply for a permit and seek to do a site-specific environmental review," Krogh explained.  "It might take them a long time to get through it, assuming whatever lead agency there ends up being issues a positive declaration of potential environmental impacts, but you always have the possibility that the lead agency will be a community that is neither for or against this process for scientific or political reasons."

He further argued that worrying whether a fracking ban would send a mixed message to the PSC is a valid worry.  The deadline for the plant to come up with a repowering plan was February 6.  Because the PSC ruled to keep the Dunkirk plant, in western New York, open almost immediately after their deadline passed, many people in Tompkins County expected a decision before now.  But there has been no word from Albany, and Lansing officials fear the plant may be closed because of vocal opposition elsewhere in the County.  

"The thinking has been that most of the people who serve on the PSC come from the energy sector," Krogh said.  Those commissioners are particularly predisposed toward development of energy resources and don't necessarily look at there being a grad distinction between one type of gas mining or another.  This is a subset of the population that might be influenced by something like this.  Whether or not they notice or whether or not their decision would be punitive I couldn't tell you.  But that exact concern has come up in a number of places."

Miller and Hopkins expressed confidence that the PSC would not lump the two issues together, noting that Republican State Senator Mike Nozzolio and U.S. Congressman Tom Reed have both stated that there is no connection.  But Councilman Robert Cree said it might make more sense to reinstate the moratorium for now, because the Town already has a moratorium on record.

"Personally I would hate to have this go down the path and find out Senator Nozzolio was wrong," he argued.  "We're relying on what he's saying to some extent, but that's why I go back to the moratorium.  We've done that in the past.  If we put another one in place -- it doesn't have to say we're waiting for a decision by the PSC, but we know that we're hoping to have it come in in the next year's time frame.  It would be a shame if a ban were the deciding factor (on closing the plant)."

Miller said that a proposed gas pipeline through Dryden to the Warren Road area of Lansing is likely to go through, and said she thinks it is clear that Lansing does not oppose the use of natural gas or all gas drilling methods.

"I really think the biggest influence on this was NYSEG," she said.  "They did not support this and have done the opposite of supporting this.  That's why I wish the PSC would get off the stick and make their decision.  Compared to NYSEG we are pretty small."

LaVigne proposed a motion to table the discussion for two months so there would be no possible confusion about where Lansing stands on repowering the plant.  His motion passed three to two, with Trustees Robert Cree and Doug Dake also voting to postpone the discussion, and Miller and Hopkins against.

If the Town decides to move forward with a ban the public hearing will likely be scheduled for July or August.  No action plan was discussed in the Village.

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