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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY DERMODY, HANNA, GEORGE, WHITE, FREEMAN, STURLA, DeLUCA, K. BOYLE, BRADFORD, BRENNAN, BRIGGS, BROWNLEE, CALTAGIRONE, CARROLL, COHEN, CONKLIN, D. COSTA, DAVIS, DEASY, DONATUCCI, FABRIZIO, GERBER, GOODMAN, HARKINS, JOSEPHS, KIRKLAND, KOTIK, KULA, MAHER, MARKOSEK, MATZIE, MIRABITO, MULLERY, MUNDY, MURPHY, MURT, M. O'BRIEN, SANTARSIERO, STABACK, VITALI, WATERS, YOUNGBLOOD, SCHMOTZER AND PASHINSKI, MAY 31, 2012 |
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| REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, MAY 31, 2012 |
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| AN ACT |
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1 | Amending Title 58 (Oil and Gas) of the Pennsylvania Consolidated |
2 | Statutes, in local ordinances relating to oil and gas |
3 | operations, further providing for uniformity of local |
4 | ordinances. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Section 3304 of Title 58 of the Pennsylvania |
8 | Consolidated Statutes, added February 14, 2012 (P.L.83, No.13), |
9 | is amended to read: |
10 | § 3304. Uniformity of local ordinances. |
11 | [(a) General rule.--In addition to the restrictions |
12 | contained in sections 3302 (relating to oil and gas operations |
13 | regulated pursuant to Chapter 32) and 3303 (relating to oil and |
14 | gas operations regulated by environmental acts), all local |
15 | ordinances regulating oil and gas operations shall allow for the |
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1 | reasonable development of oil and gas resources. |
2 | (b) Reasonable development of oil and gas resources.--In |
3 | order to allow the for the reasonable development of oil and gas |
4 | resources, a local ordinance: |
5 | (1) Shall allow well and pipeline location assessment |
6 | operations, including seismic operations and related |
7 | activities conducted in accordance with all applicable |
8 | Federal and State laws and regulations relating to the |
9 | storage and use of explosives throughout every local |
10 | government. |
11 | (2) May not impose conditions, requirements or |
12 | limitations on the construction of oil and gas operations |
13 | that are more stringent than conditions, requirements or |
14 | limitations imposed on construction activities for other |
15 | industrial uses within the geographic boundaries of the local |
16 | government. |
17 | (3) May not impose conditions, requirements or |
18 | limitations on the heights of structures, screening and |
19 | fencing, lighting or noise relating to permanent oil and gas |
20 | operations that are more stringent than the conditions, |
21 | requirements or limitations imposed on other industrial uses |
22 | or other land development within the particular zoning |
23 | district where the oil and gas operations are situated within |
24 | the local government. |
25 | (4) Shall have a review period for permitted uses that |
26 | does not exceed 30 days for complete submissions or that does |
27 | not exceed 120 days for conditional uses. |
28 | (5) Shall authorize oil and gas operations, other than |
29 | activities at impoundment areas, compressor stations and |
30 | processing plants, as a permitted use in all zoning |
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1 | districts. |
2 | (5.1) Notwithstanding section 3215 (relating to well |
3 | location restrictions), may prohibit, or permit only as a |
4 | conditional use, wells or well sites otherwise permitted |
5 | under paragraph (5) within a residential district if the |
6 | well site cannot be placed so that the wellhead is at least |
7 | 500 feet from any existing building. In a residential |
8 | district, all of the following apply: |
9 | (i) A well site may not be located so that the outer |
10 | edge of the well pad is closer than 300 feet from an |
11 | existing building. |
12 | (ii) Except as set forth in paragraph (5) and this |
13 | paragraph, oil and gas operations, other than the |
14 | placement, use and repair of oil and gas pipelines, water |
15 | pipelines, access roads or security facilities, may not |
16 | take place within 300 feet of an existing building. |
17 | (6) Shall authorize impoundment areas used for oil and |
18 | gas operations as a permitted use in all zoning districts, |
19 | provided that the edge of any impoundment area shall not be |
20 | located closer than 300 feet from an existing building. |
21 | (7) Shall authorize natural gas compressor stations as a |
22 | permitted use in agricultural and industrial zoning districts |
23 | and as a conditional use in all other zoning districts, if |
24 | the natural gas compressor building meets the following |
25 | standards: |
26 | (i) is located 750 feet or more from the nearest |
27 | existing building or 200 feet from the nearest lot line, |
28 | whichever is greater, unless waived by the owner of the |
29 | building or adjoining lot; and |
30 | (ii) the noise level does not exceed a noise |
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1 | standard of 60dbA at the nearest property line or the |
2 | applicable standard imposed by Federal law, whichever is |
3 | less. |
4 | (8) Shall authorize a natural gas processing plant as a |
5 | permitted use in an industrial zoning district and as |
6 | conditional uses in agricultural zoning districts if all of |
7 | the following apply: |
8 | (i) The natural gas processing plant building is |
9 | located at the greater of at least 750 feet from the |
10 | nearest existing building or at least 200 feet from the |
11 | nearest lot line unless waived by the owner of the |
12 | building or adjoining lot. |
13 | (ii) The noise level of the natural gas processing |
14 | plant building does not exceed a noise standard of 60dbA |
15 | at the nearest property line or the applicable standard |
16 | imposed by Federal law, whichever is less. |
17 | (9) Shall impose restrictions on vehicular access routes |
18 | for overweight vehicles only as authorized under 75 Pa.C.S. |
19 | (relating to vehicles) or the MPC. |
20 | (10) May not impose limits or conditions on subterranean |
21 | operations or hours of operation of compressor stations and |
22 | processing plants or hours of operation for the drilling of |
23 | oil and gas wells or the assembly and disassembly of drilling |
24 | rigs. |
25 | (11) May not increase setback distances set forth in |
26 | Chapter 32 (relating to development) or this chapter. A local |
27 | ordinance may impose setback distances that are not regulated |
28 | by or set forth in Chapter 32 or this chapter if the setbacks |
29 | are no more stringent than those for other industrial uses |
30 | within the geographic boundaries of the local government.] |
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1 | Nothing in this chapter shall prohibit a municipality from |
2 | enacting a local ordinance that does not directly conflict with |
3 | the provisions in Chapter 32 (relating to development) or |
4 | environmental acts. Further, a municipality may enact a local |
5 | ordinance to increase the setback distance provisions found in |
6 | Chapter 32 to protect the health and safety of its residents. |
7 | Section 2. This act shall take effect immediately. |
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