Pennsylvania
In Pennsylvania, Landowners Could Be Forced To Let Carbon Dioxide Be Buried Under Their Property
Amid a divided state Legislature, Pennsylvania Democrats and Republicans are finding rare common ground in a bill designed to usher in a new industry for capturing climate-altering carbon dioxide and burying it underground.
Among other provisions, Senate Bill 831 would create an enforcement structure for carbon capture within the state, set a low bar for gaining consent from landowners near sites where carbon is injected into the ground and, in some cases, spare the fossil fuel industry from seismic monitoring — that is, watching for earthquakes, a known risk.
The bill, sponsored by state Sen. Gene Yaw, a Republican representing north central Pennsylvania who has personal ties to the fossil fuel industry, cleared the Republican-controlled Senate on a 30-20 vote in April. It now moves to the House of Representatives, which is controlled by Democrats.
But a coalition of environmental groups said the bill is riddled with problems. Landowners could be left in the dark when the collected carbon is pumped into the ground near their properties, they said. Additionally, carbon dioxide could eventually leak into the atmosphere, posing a risk to both the environment and public health: In Satartia, Mississippi, a pipeline carrying carbon dioxide ruptured, sending 49 people to the hospital complaining of labored breathing, stomach disorders and mental confusion.
“Our concerns with this were pretty significant,” said Jen Quinn, legislative and political director at the Pennsylvania chapter of the Sierra Club.
In introducing the legislation, Yaw pitched the bill as a proposal to direct state regulators to take over responsibility for the permitting process for carbon dioxide injection wells from the U.S. Environmental Protection Agency.
In reality, the bill, as written, would go much further than that. It would allow operators to inject carbon dioxide into underground geologic formations with permission from just 60% of the nearby landowners. It would allow operators to apply for a waiver ceding liability for these wells to the state after 10 years of a well’s completion. And it would allow operators to forgo seismic monitoring of the storage fields into which the carbon dioxide pumped into the earth, if they can prove that the field does not “pose significant risk.”
Several of these provisions, Quinn said, are “setting the bar very low.”
A report by the Ohio River Valley Institute, a nonprofit environmental think tank, showed that no state sets the landowner consent bar at less than 60%.
The report also argued that waiving operators’ liability over their carbon storage fields will lead to negligence: Operators that know they won’t be held responsible for any mess in the long run won’t be incentivized to run a clean operation, the report said.
Capital & Main reached out to Sen. Yaw, author of SB 831, and did not hear back by publication time. However, he said in a press release that the bill is a “proactive step” to building out the state’s carbon capture industry.
Environmentalists have long splintered over carbon capture and sequestration, known as CCS. The practice of collecting carbon dioxide from power plants and storing it underground has been criticized as costly, dangerous and largely unproven. While some say it is a useful tool among many for addressing the climate crisis, others call CCS a boondoggle that could offer a lifeline to the fossil fuel industry, which has rallied around the technology.
Environmentalists worry that in Pennsylvania, which has centuries of oil and gas drilling under its belt, the state’s geology could prove treacherous. “This idea that they’re going to go all in on carbon capture and try to inject this stuff in the same places where it’s like Swiss cheese … is just plain stupid,” said Karen Feridun, co-founder of the grassroots Better Path Coalition, a staunch opponent of burying carbon in the earth.
The state is dotted with orphaned and abandoned oil and gas wells, including many that likely have yet to be located. The wells create pathways underground through which gases can travel and potentially seep into waterways or leak into the atmosphere, undoing the progress of capturing the carbon in the first place. A 2009 report by the state’s Department of Conservation and Natural Resources said that the state’s legacy oil and gas fields could “constitute a leakage pathway for reservoir gases, including injected CO2.”
“The safest course of action would be to avoid the oldest of these oil fields,” the report added.
Feridun said she also anticipates that an influx of carbon dioxide injection wells will come with a maze of pipelines to transport the carbon.
Because the bill would permit operators to get consent from only 60% of property owners atop an injection site, some landowners would be left without a voice in the process, the southwestern Pennsylvania-based Center for Coalfield Justice warned in an online petition opposing the bill. The petition urges signatories to send a message to their representatives with language such as: “If 40% of people within a carbon storage field don’t want carbon injected beneath their feet — the project can move forward anyway.”
Ethan Story, advocacy director at the Center for Coalfield Justice, believes few Pennsylvanians are aware of the bill and what it could mean to them. “Landowners, in addition to elected officials in some communities, are very unaware and uneducated on this proposal,” he said. “The immediate reaction from a majority of the community members that we have talked to and presented this information to has been met with great pause.”
SB 831 has been met with a different reaction in the state Legislature, where it’s earned — and sometimes lost — votes from Democrats and Republicans alike.
Affirmative votes in the Senate came from a handful of Democrats, including state Sens. Jay Costa from Pittsburgh and Christine Tartaglione from Philadelphia. Those who opposed the bill included Sen. Doug Mastriano, a far-right Republican from south central Pennsylvania who made headlines in 2022 with a failed gubernatorial run and his full embrace of various hard-line policies, including a firm pro-fossil fuel stance.
Carbon capture “is, to a degree, cutting across what we would probably classify as traditional ideological divisions,” said Sean O’Leary, senior researcher, energy and petrochemicals, at the Ohio River Valley Institute, a nonprofit think tank.
One of carbon capture’s most crucial endorsements in the state came from Gov. Josh Shapiro. Shapiro, a Democrat, ran on an all-of-the-above strategy for tackling the climate crisis. He has now thrown his weight behind the technology as the state has pursued federal funding for hydrogen hubs. Carbon capture was also recently included in two of the governor’s climate proposals.
“Carbon capture is crucial to Pennsylvania’s energy future,” Shapiro spokesperson Manuel Bonder told Capital & Main. “We are glad to see a bipartisan group of senators agree with the governor that we need to invest in carbon capture and sequestration.
“The Administration looks forward to continuing to work with leaders in both parties to ensure bipartisan legislation contains appropriate environmental, public health, and safety protections as it moves through the legislative process,” Bonder added.
Shapiro’s support for carbon capture could be key to getting SB 831 over the goal line in the Democratically controlled state House, despite warnings from environmentalists. It also has the backing of the Pennsylvania State Building & Construction Trades Council, which makes campaign contributions to members on both sides of the aisle and which has supported fossil fuel and renewable projects alike.
The bill currently sits in the House Consumer Protection, Technology and Utilities Committee, where a handful of more straightforward climate bills — including one that would improve school district access to solar energy and another that would legalize community solar projects across the commonwealth — have advanced with unanimous support before winning votes on both sides of the aisle on the full floor.
Capital & Main reached out to Democratic Rep. Rob Matzie, chair of the House Consumer Protection, Technology and Utilities Committee, for comment on the bill. Matzie did not respond by publication time. In the past, he has championed bills that proved to be a boon for fossil fuels, including one subsidizing a Shell Chemical Appalachia LLC plastics plant in southwestern Pennsylvania. When Shapiro released his carbon capture-infused energy plan, Matzie signaled his support: “These proposals will create good energy jobs, promote opportunities for technologies that will deliver power while reducing their carbon footprint, and — most importantly — maintain our status as a net exporter of energy,” he said in a news release in March.
It’s an open question whether some of the provisions of SB 831 that are stoking environmentalists’ concern will make it through the House. But Democratic Rep. Emily Kinkead has offered an alternative proposal to the bill that incorporates provisions to protect environmental justice communities that have long been scarred with the detritus of the oil and gas industry. It would also offer heightened protections for landowners situated near carbon sequestration projects. Kinkead, from Pittsburgh, circulated a memo describing the bill on March 25 but has yet to introduce formal legislation.
Kinkead told Capital & Main she’s not certain such legislation will pass, but she hopes it will at least offer a starting point for negotiations to amend SB 831.
“I think the goal of my bill is, at the very least, to demonstrate that we don’t have to do it exactly the way that it’s outlined,” she said. “We can incorporate some better practices.”
If SB 831 passes the House without amendments, O’Leary, the Ohio River Valley Institute senior researcher, fears immediate repercussions for residents. At least one company — Omaha, Nebraska-based Tenaska — is already planning carbon dioxide injection in the fracking-heavy southwestern part of Pennsylvania. The company envisions using 80,000 acres stretching across Pennsylvania, Ohio and West Virginia for up to 20 injection wells that would extend as far as 10,000 feet horizontally underground. This will require a yet unknown number of pipelines. Those who oppose burying carbon under their land, but fall into the 40% minority, will be out of luck.
Copyright Capital & Main 2024
HARRISBURG — A new task force under Pennsylvania’s Department of State has been working since February to hunt down AI chatbots that may be misleading users into believing the bots are licensed professionals.
Last week, the Shapiro administration filed what it said was the first lawsuit to stem from its AI investigations and the first enforcement action of its kind announced by a governor in the United States. Pennsylvania officials indicated there could be more to come.
The high-profile litigation comes as lawmakers across the country are pursuing, and in some cases enacting, legislation to address concerns brought on by the growing artificial intelligence industry — from banning the creation of sexual images of minors to requiring age verification for all users. A number of proposals from Gov. Josh Shapiro’s most recent budget address await action in the legislature.
The administration’s lawsuit alleges that software known as Character.AI, which creates fictional personalities for users to interact with, posed as a licensed doctor and offered medical advice to a state investigator, violating state law governing the practice of medicine. The suit was filed by Pennsylvania’s State Board of Medicine.
“We will continue to take action to protect the public from misleading or unlawful practices, whether they come from individuals or emerging technologies,” Secretary of the Commonwealth Al Schmidt said in a statement following the Character.AI lawsuit.
Shapiro made a similar promise in a statement, saying Pennsylvania will continue “holding bad actors accountable and setting clear guardrails so people can use new technology responsibly.”
The lawsuit says it stems from an investigation in which an employee with the Department of State created an account with the service and began a dialogue with “Emilie” — an AI-generated character the software described as a “Doctor of psychiatry.”
The character allegedly claimed it went to Imperial College London, had been practicing for seven years, and is licensed in Pennsylvania.
“In fact, I did a stint in Philadelphia for a while,” it told the investigator, according to the lawsuit.
The software also provided what the lawsuit said was a fake license number.
Those claims, the Shapiro administration argues, trick users into believing they are receiving medical advice from a licensed practitioner.
“Pennsylvanians deserve to know who — or what — they are interacting with online, especially when it comes to their health,” Shapiro said in a statement. “We will not allow companies to deploy AI tools that mislead people into believing they are receiving advice from a licensed medical professional.”
The lawsuit seeks for Character Technologies Inc. (developer of Character.AI) to “cease and desist from engaging in the unlawful practice of medicine and surgery.”
A Character.AI spokesperson said in a statement Tuesday that the company’s “highest priority is the safety and well-being of our users.” The spokesperson said that before the lawsuit, Character.AI already featured disclaimers warning that its AI characters are not real, and that they “should be treated as fiction.”
The spokesperson declined to comment on the lawsuit.
Pennsylvania’s lawsuit is not the first Character Technologies has faced. At least one case was brought by the parent of a minor who died by suicide. The company last year adopted a policy to ban minors from engaging “in open-ended chat with AI on our platform.”
The Federal Trade Commission last year also opened an inquiry into the company, along with six other chatbot providers, regarding how they “measure, test, and monitor potentially negative impacts of this technology on children and teens,” according to an agency news release.
It’s unclear what led Pennsylvania regulators to specifically investigate Character.AI. A Department of State spokesperson said the source of the complaint was “confidential.”
Shapiro told CNN, one of several national media outlets that covered the novel lawsuit, that his administration “challenged” the Department of State to conduct these types of investigations “to go and use this technology and see what kind of risks it posed” to Pennsylvanians.
Some details about the effort, which Shapiro first teased in his February budget pitch, are not yet public. Members of the task force are not disclosed online, and the Department of State did not answer questions from Spotlight PA asking for their names or how they were selected. A Department of State spokesperson said the task force consists of 12 of its employees.
As part of the AI fraud initiative, Pennsylvania is crowdsourcing tips on what software the state should investigate through its “Unlicensed Practice by a Chatbot” complaint system and hotline. According to the Department of State, it has received 18 complaints since it launched in February.
Pennsylvania’s moves against AI companies come as they rapidly grow their user bases nationwide, especially children and teenagers.
According to a survey last year from Common Sense Media, a California-based child safety nonprofit, more than half of teenagers access AI platforms at least a few times per month. One-third said they use or view the software as a tool to socialize, including for conversation or relationship practice, emotional support, role-playing, friendships, and romantic interactions.
At least five states have enacted laws restricting chatbots or requiring disclosures, according to the National Conference of State Legislatures. California, for example, requires companies to disclose to children that they are interacting with AI. Pennsylvania is not one of them, but the state medical board alleges Character.AI’s actions violated existing law.
In his February budget address, Shapiro called on the General Assembly to take action on artificial intelligence. He urged lawmakers to prohibit chatbots from creating sexually explicit or violent content of minors, mandate that developers require age verification from users, and detect when children mention self-harm or violence. He also wants companies to frequently notify users they’re not interacting with a human.
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Lawmakers have not yet adopted those proposals.
House Communications & Technology Committee Chair Joe Ciresi (D., Montgomery) said the body’s staff is “constantly” meeting with Shapiro’s office to discuss how lawmakers should address growing concerns from the public regarding AI.
Ciresi’s counterpart in the GOP-controlled state Senate, Tracy Pennycuick (R., Montgomery), did not respond to questions about the Character.AI lawsuit, Pennsylvania’s AI Task Force, or her staff’s coordination with Shapiro.
Two years ago, Shapiro signed a bill banning ownership or distribution of AI-generated sexual images of children and non-consenting adults, which Pennycuick had sponsored. Last year, he signed another Pennycuick bill criminalizing the use of AI to create a nonconsensual “digital likeness” (including deepfakes) to “defraud or injure” another person.
Pennycuick’s now pushing for legislation that would require disclosures and restrictions for chatbots when they interact with children. In the legislative memo, Pennycuick pointed to past lawsuits filed against chatbot developers to argue “heartbreaking cases underscore the urgent need for safeguards to protect children from unsafe and unvetted AI systems.” Her proposal passed the state Senate in March but has not advanced through committee in the House.
Lawmakers have also been working to address another aspect of the AI industry, the growth of data centers and backlash to them in some communities. In Shapiro’s February budget address, he said, “no sector of our country’s economy is growing faster than data centers and artificial intelligence.” He announced incentives for data center developers to follow stricter environmental and transparency standards.
BEFORE YOU GO… If you learned something from this article, pay it forward and contribute to Spotlight PA at spotlightpa.org/donate. This story was funded in part thanks to the support of the Lancaster County Local Journalism Fund. Learn more about how we are supported here.
Hersheypark in Pennsylvaniacould be forced to close this summer amid a dispute between the site’s operators and union employees, according to a report.
The amusement park is scheduled to open seven days a week starting May 21 in a shift from its weekend-only operation before the summer, despite a looming vote among employees about whether to go on strike.
Over 200 union maintenance employees at Hersheypark, The Hotel Hershey and Giant Center rejected a contract offer from Hershey Entertainment & Resorts on May 7, according to Inside the Magic. The park’s operators described the proposal as their “last, best and final” offer.
Over a three-day period this week, employees will vote on whether to strike after rejecting the offer, which is the third from the park’s operators. A strike could close the park just in time for the start of the busy summer season when families head on vacation.
The list of employees considering going on strike includes ride mechanics, electricians, plumbers, welders, painters, machinists, utilities technicians, carpenters, garage auto mechanics and sign artists.
In mid-March, the union and Hershey Entertainment & Resorts agreed to extend a former contract for 60 days to allow for continued negotiations.
According to Inside the Magic, union workers are seeking fair wage increases, more affordable care plans and higher pay premiums for less-desirable shifts. The union has also said that it will reject new contract offers that lower professional standards, devalue skilled trades or open the door to lower wages in maintenance roles in the future.
The Independent has contacted Hershey Entertainment & Resorts for comment about the possible strike.
Hersheypark, located 15 miles east of Harrisburg, is the largest amusement park in Pennsylvania. Founded in 1906, the 121-acre site boasts more than 70 rides, a water park with 17 water attractions and an 11-acre North American Wildlife Park, according to Hersheypark’s website.
It’s named for and themed in conjunction with the popular candy company.
However, a different park in the Keystone State was named as the top amusement park in the U.S. on TripAdvisor’s Best of the Best list.
It was Knoebels Amusement Resort in Elysburg, 42 miles north-northeast of Harrisburg, that topped the list. In doing so, the little-known park was ranked higher than Dollywood, Disney World’s Magic Kingdom, Disney’s Hollywood Studios and Universal Islands of Adventure that also made the top 5.
“It’s got it all: roller coasters, kid-friendly rides (bumper cars, a haunted mansion), swimming, camping, a mining museum, and even a championship 18-hole golf course,” TripAdvisor wrote. “The accommodating staff, clean facilities, and fun attractions make for a memorable family-friendly visit.”
Knoebels is the U.S.’s largest free-admission park, although tickets for individual rides cost a fee.
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