Bill Text: PA HB768 | 2011-2012 | Regular Session | Introduced

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Bill Title: Further providing for drilling permits and for well spacing.

Spectrum: Moderate Partisan Bill (Democrat 20-3)

Status: (Introduced - Dead) 2011-02-23 - Referred to ENVIRONMENTAL RESOURCES AND ENERGY [HB768 Detail]

Download: Pennsylvania-2011-HB768-Introduced.html

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PRINTER'S NO. 790
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 768 Session of2011
INTRODUCED BY CONKLIN, CALTAGIRONE, D. COSTA, DAVIS, FABRIZIO, FRANKEL, GEORGE, GOODMAN, HALUSKA, HARKINS, HORNAMAN, JOSEPHS, KAVULICH, KORTZ, METZGAR, MUNDY, MURPHY, MURT, PASHINSKI, PAYTON, WAGNER AND YOUNGBLOOD, FEBRUARY 23, 2011
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, FEBRUARY 23, 2011
AN ACT
Amending the act of July 25, 1961 (P.L.825, No.359), entitled
"An act defining and prohibiting waste in the production of
oil and gas; defining the powers and duties of the Oil and
Gas Conservation Commission and the Oil and Gas Division of
the Department of Mines and Mineral Industries with respect
to the prevention of waste in the production of oil and gas
from certain geological horizons; the protection of
correlative rights; the spacing of well drilling operations;
the unitization of lands and horizons for the purpose of
regulating well spacing; providing for the enforcement of
this act; and the issuance of rules, regulations and orders
prescribing the rights, obligations and duties of owners and
operators of interests in lands and leasehold interests
therein with respect to the drilling of oil and gas wells
thereon; providing for hearings and the procedures to be
followed therein; imposing duties upon the courts; providing
methods for the enforcement of the provisions of this act,
limiting all the provisions hereof to certain geological
horizons; imposing penalties and making an appropriation,"
further providing for drilling permits and for well spacing.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 6(a) and 7(2) of the act of July 25,
1961 (P.L.825, No.359), known as the Oil and Gas Conservation
Law, are amended to read:
Section 6. Drilling Permits.--(a) Before drilling any well
which is to penetrate the Onondaga or deeper horizons or a depth
of three thousand eight hundred feet, whichever is deeper, the
well operator shall obtain a permit. Before filing an
application for a drilling permit with the division, the well
operator shall give public notice of the filing by publication
in a newspaper of general circulation, published in the locality
where the permit is applied for, once a week for four
consecutive weeks. The well operator shall have a plat prepared
on the same form required by the division under the "Gas
Operations Well-Drilling Petroleum and Coal Mining Act," and
shall file said plat with the division, together with an
application on a form to be furnished by the division for a
permit to drill a well at said location. The application shall
include proof of publication of the required notice. The
division shall, consistent with the "Gas Operations Well-
Drilling Petroleum and Coal Mining Act," within ten days of the
receipt of such application, issue a drilling permit to the well
operator unless the requested location of the well will conflict
with a spacing or pooling order previously entered or unless an
application for such an order has been filed and is then
pending. In areas in which no spacing order has been entered and
no application is pending, no permit shall be issued for the
drilling of a well unless the location of the well is at least
three hundred thirty feet from the nearest outside boundary line
of the lease on which it is located: Provided, however, That if
the lease is included in a voluntary unit, a well may be located
without regard to lease lines if it is not within three hundred
thirty feet of the nearest unit line: And provided further, That
the commission after notice and hearing may waive this
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requirement. Any applicant or other person aggrieved by any
order granting or refusing a permit shall have the same right to
appeal therefrom as is provided in section 13 of this act.
* * *
Section 7. Well Spacing.--The commission shall, to carry out
the purpose of this act, and upon proper application and notice
given as hereinafter provided, and after a hearing as provided
in said notice, enter an order establishing well spacing and
drilling units of a specified and an approximate uniform size
and shape for each pool. The procedure for obtaining such an
order shall be as follows:
* * *
(2) Upon the filing of an application as above set out,
notice of the hearing shall be given by the commission by
publication for [two successive] four consecutive weeks in a
newspaper in general circulation in each county where any land
which may be affected by such order is located, and by the
commission mailing a copy of such notice to all persons who have
specified to the commission an address to which all such notices
may be mailed. The [first] last publication and the mailing of
such notice shall be at least fifteen days before the date fixed
for hearing.
* * *
Section 2. This act shall take effect in 60 days.
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