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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY DERMODY, MURPHY, DeLUCA, MUNDY, GEORGE, SAINATO, LEVDANSKY, HANNA, BELFANTI, DALEY, McGEEHAN, FREEMAN, READSHAW, K. SMITH, STABACK, WATERS, WAGNER, MELIO, MATZIE, MUSTIO, DePASQUALE, KORTZ, KOTIK, CRUZ, CALTAGIRONE AND MAHONEY, NOVEMBER 3, 2010 |
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| REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, NOVEMBER 3, 2010 |
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| AN ACT |
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1 | Amending the act of December 19, 1984 (P.L.1140, No.223), |
2 | entitled "An act relating to the development of oil and gas |
3 | and coal; imposing duties and powers on the Department of |
4 | Environmental Resources; imposing notification requirements |
5 | to protect landowners; and providing for definitions, for |
6 | various requirements to regulate the drilling and operation |
7 | of oil and gas wells, for gas storage reservoirs, for various |
8 | reporting requirements, including certain requirements |
9 | concerning the operation of coal mines, for well permits, for |
10 | well registration, for distance requirements, for well casing |
11 | requirements, for safety device requirements, for storage |
12 | reservoir obligations, for well bonding requirements, for a |
13 | Well Plugging Restricted Revenue Account to enforce oil and |
14 | gas well plugging requirements, for the creation of an Oil |
15 | and Gas Technical Advisory Board, for oil and gas well |
16 | inspections, for enforcement and for penalties," further |
17 | providing for well permits, for well location restrictions |
18 | and for local ordinances. |
19 | The General Assembly of the Commonwealth of Pennsylvania |
20 | hereby enacts as follows: |
21 | Section 1. Sections 201(e) and (f) and 205(a) of the act of |
22 | December 19, 1984 (P.L.1140, No.223), known as the Oil and Gas |
23 | Act, are amended to read: |
24 | Section 201. Well permits. |
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1 | * * * |
2 | (e) The department shall issue a permit within 45 days of |
3 | the submission of a permit application unless the department |
4 | denies the permit application for one or more of the five |
5 | reasons set forth below: Provided, however, That the department |
6 | shall have the right to extend such period for 15 days for cause |
7 | shown upon notification to the applicant of the reasons for that |
8 | extension. The department may impose such permit terms and |
9 | conditions as are necessary to assure compliance with this act |
10 | and other laws administered by the department. The issuance of a |
11 | permit to a well operator is contingent upon the well operator |
12 | giving notice to the local political subdivision as provided in |
13 | subsection (f) and the occurrence of a public hearing, |
14 | coordinated by the well operator and the department, in the |
15 | local political subdivision no later than 14 days prior to |
16 | drilling. The department shall have the authority to deny a |
17 | permit to any person for the following reasons: |
18 | (1) the well site for which a permit is requested is in |
19 | violation of any of the provisions of this act, or if |
20 | issuance of such permit would result in a violation of this |
21 | act or any other applicable environmental statute, rule or |
22 | regulation; |
23 | (2) the permit application is incomplete; |
24 | (3) unresolved objections to the well location by coal |
25 | mine owner or operator remain; |
26 | (4) the requirements of section 215 have not been met; |
27 | or |
28 | (5) the applicant, with respect to any other well or |
29 | wells which the applicant operates, is in continuing |
30 | violation of this act or any other applicable statute |
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1 | administered by the department. The right of the department |
2 | to deny a permit under this paragraph shall not be effective |
3 | until a final administrative determination has been made of |
4 | any of these violations and no appeal is pending in which a |
5 | stay has been granted. |
6 | (f) Upon issuance of a permit, the well operator may proceed |
7 | with the drilling of the well at the exact location shown on the |
8 | plat after providing the department, the surface landowner and |
9 | the local political subdivision in which the well is to be |
10 | located 24 hours' notice of the date that drilling will |
11 | commence. The well operator shall provide the local political |
12 | subdivision 30 days' written notice that the well operator |
13 | intends to begin drilling and hold a public hearing, in |
14 | conjunction with the department, no later than 14 days prior to |
15 | drilling. In noncoal areas where more than one well is to be |
16 | drilled as part of the same development project, only the first |
17 | well of the project need be located by survey. The remaining |
18 | wells of the project shall be shown on the plat in a manner |
19 | prescribed by regulation. Prior to drilling each of the |
20 | additional project wells, the well operator shall notify the |
21 | department of his intention and provide reasonable notice of the |
22 | date drilling will commence. Whenever, before or during the |
23 | drilling of any well which is not within the outside boundaries |
24 | of an operating coal mine, the well operator shall encounter |
25 | conditions of such a nature as to render drilling of the bore |
26 | hole or portions thereof more hazardous than usual, or otherwise |
27 | impossible, then the well operator shall have the right, upon |
28 | verbal notice to the department, to immediately plug all or |
29 | portions of the bore hole, if drilling has occurred, and to |
30 | commence a new bore hole not more than 50 feet distant if the |
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1 | location of the new bore hole does not violate section 205 and |
2 | if, for wells subject to the act of July 25, 1961 (P.L.825, |
3 | No.359), known as the Oil and Gas Conservation Law, the new |
4 | location complies with any existing law, regulation or spacing |
5 | order and if the new bore hole is a minimum of 330 feet distant |
6 | from the nearest lease boundary. Within ten days of commencement |
7 | of the new bore hole, the well operator shall file with the |
8 | department a written notice of intention to plug, a well record, |
9 | a completion report, a plugging certificate for the original |
10 | bore hole and an amended plat for the new bore hole. The well |
11 | operator shall forward a copy of the amended plat to the surface |
12 | landowner identified on the well permit application within ten |
13 | days of commencement of the new well bore. |
14 | * * * |
15 | Section 205. Well location restrictions. |
16 | (a) Wells may not be drilled within [200] 1,000 feet |
17 | measured horizontally from any existing building or existing |
18 | water well without the written consent of the owner thereof. |
19 | Where the distance restriction would deprive the owner of the |
20 | oil and gas rights of the right to produce or share in the oil |
21 | or gas underlying said surface tract, the well operator may be |
22 | granted a variance from said distance restriction upon |
23 | submission of a plan which shall identify the additional |
24 | measures, facilities or practices to be employed during well |
25 | site construction, drilling and operations. The variance, if |
26 | granted, shall include such additional terms and conditions as |
27 | the department shall require to insure the safety and protection |
28 | of affected persons and property. The provisions may include |
29 | insurance, bonding and indemnification, as well as technical |
30 | requirements. |
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1 | * * * |
2 | Section 2. Section 602 of the act, amended July 2, 1992 |
3 | (P.L.365, No.78), is amended to read: |
4 | Section 602. Local ordinances. |
5 | Except with respect to ordinances adopted pursuant to the act |
6 | of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania |
7 | Municipalities Planning Code, [and] the act of October 4, 1978 |
8 | (P.L.851, No.166), known as the Flood Plain Management Act, and |
9 | the act of March 31, 1927 (P.L.98, No.69), referred to as the |
10 | Second Class City Zoning Law, all local ordinances and |
11 | enactments purporting to regulate oil and gas well operations |
12 | regulated by this act are hereby preempted and superseded to the |
13 | extent the ordinances and enactments regulate the method of oil |
14 | and gas well operations. No ordinances or enactments adopted |
15 | pursuant to the aforementioned acts shall contain provisions |
16 | which impose conditions, requirements or limitations on the |
17 | [same features] method of oil and gas well operations regulated |
18 | by this act or that accomplish the same purposes as set forth in |
19 | this act. [The Commonwealth, by this enactment, hereby preempts |
20 | and supersedes the regulation of oil and gas wells as herein |
21 | defined.] Nothing in this act shall affect the traditional power |
22 | of local government to regulate zoning and land development of |
23 | oil and gas activities as well as other aspects, such as the |
24 | time and the place of operations to protect the health, safety |
25 | and welfare of the general public through local ordinances and |
26 | enactments. |
27 | Section 3. This act shall take effect in 60 days. |
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