Bill Text: PA HB2785 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for well permits, for well location restrictions and for local ordinances.

Spectrum: Strong Partisan Bill (Democrat 27-2)

Status: (Introduced - Dead) 2010-11-03 - Referred to ENVIRONMENTAL RESOURCES AND ENERGY [HB2785 Detail]

Download: Pennsylvania-2009-HB2785-Introduced.html

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PRINTER'S NO. 4492
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2785 Session of2010
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
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, NOVEMBER 3, 2010
AN ACT
Amending the act of December 19, 1984 (P.L.1140, No.223),
entitled "An act relating to the development of oil and gas
and coal; imposing duties and powers on the Department of
Environmental Resources; imposing notification requirements
to protect landowners; and providing for definitions, for
various requirements to regulate the drilling and operation
of oil and gas wells, for gas storage reservoirs, for various
reporting requirements, including certain requirements
concerning the operation of coal mines, for well permits, for
well registration, for distance requirements, for well casing
requirements, for safety device requirements, for storage
reservoir obligations, for well bonding requirements, for a
Well Plugging Restricted Revenue Account to enforce oil and
gas well plugging requirements, for the creation of an Oil
and Gas Technical Advisory Board, for oil and gas well
inspections, for enforcement and for penalties," further
providing for well permits, for well location restrictions
and for local ordinances.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 201(e) and (f) and 205(a) of the act of
December 19, 1984 (P.L.1140, No.223), known as the Oil and Gas
Act, are amended to read:
Section 201. Well permits.
* * *
(e) The department shall issue a permit within 45 days of
the submission of a permit application unless the department
denies the permit application for one or more of the five
reasons set forth below: Provided, however, That the department
shall have the right to extend such period for 15 days for cause
shown upon notification to the applicant of the reasons for that
extension. The department may impose such permit terms and
conditions as are necessary to assure compliance with this act
and other laws administered by the department. The issuance of a
permit to a well operator is contingent upon the well operator
giving notice to the local political subdivision as provided in
subsection (f) and the occurrence of a public hearing,
coordinated by the well operator and the department, in the
local political subdivision no later than 14 days prior to
drilling. The department shall have the authority to deny a
permit to any person for the following reasons:
(1) the well site for which a permit is requested is in
violation of any of the provisions of this act, or if
issuance of such permit would result in a violation of this
act or any other applicable environmental statute, rule or
regulation;
(2) the permit application is incomplete;
(3) unresolved objections to the well location by coal
mine owner or operator remain;
(4) the requirements of section 215 have not been met;
or
(5) the applicant, with respect to any other well or
wells which the applicant operates, is in continuing
violation of this act or any other applicable statute
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administered by the department. The right of the department
to deny a permit under this paragraph shall not be effective
until a final administrative determination has been made of
any of these violations and no appeal is pending in which a
stay has been granted.
(f) Upon issuance of a permit, the well operator may proceed
with the drilling of the well at the exact location shown on the
plat after providing the department, the surface landowner and
the local political subdivision in which the well is to be
located 24 hours' notice of the date that drilling will
commence. The well operator shall provide the local political
subdivision 30 days' written notice that the well operator
intends to begin drilling and hold a public hearing, in
conjunction with the department, no later than 14 days prior to
drilling. In noncoal areas where more than one well is to be
drilled as part of the same development project, only the first
well of the project need be located by survey. The remaining
wells of the project shall be shown on the plat in a manner
prescribed by regulation. Prior to drilling each of the
additional project wells, the well operator shall notify the
department of his intention and provide reasonable notice of the
date drilling will commence. Whenever, before or during the
drilling of any well which is not within the outside boundaries
of an operating coal mine, the well operator shall encounter
conditions of such a nature as to render drilling of the bore
hole or portions thereof more hazardous than usual, or otherwise
impossible, then the well operator shall have the right, upon
verbal notice to the department, to immediately plug all or
portions of the bore hole, if drilling has occurred, and to
commence a new bore hole not more than 50 feet distant if the
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location of the new bore hole does not violate section 205 and
if, for wells subject to the act of July 25, 1961 (P.L.825,
No.359), known as the Oil and Gas Conservation Law, the new
location complies with any existing law, regulation or spacing
order and if the new bore hole is a minimum of 330 feet distant
from the nearest lease boundary. Within ten days of commencement
of the new bore hole, the well operator shall file with the
department a written notice of intention to plug, a well record,
a completion report, a plugging certificate for the original
bore hole and an amended plat for the new bore hole. The well
operator shall forward a copy of the amended plat to the surface
landowner identified on the well permit application within ten
days of commencement of the new well bore.
* * *
Section 205. Well location restrictions.
(a) Wells may not be drilled within [200] 1,000 feet
measured horizontally from any existing building or existing
water well without the written consent of the owner thereof.
Where the distance restriction would deprive the owner of the
oil and gas rights of the right to produce or share in the oil
or gas underlying said surface tract, the well operator may be
granted a variance from said distance restriction upon
submission of a plan which shall identify the additional
measures, facilities or practices to be employed during well
site construction, drilling and operations. The variance, if
granted, shall include such additional terms and conditions as
the department shall require to insure the safety and protection
of affected persons and property. The provisions may include
insurance, bonding and indemnification, as well as technical
requirements.
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* * *
Section 2. Section 602 of the act, amended July 2, 1992
(P.L.365, No.78), is amended to read:
Section 602. Local ordinances.
Except with respect to ordinances adopted pursuant to the act
of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania
Municipalities Planning Code, [and] the act of October 4, 1978
(P.L.851, No.166), known as the Flood Plain Management Act, and
the act of March 31, 1927 (P.L.98, No.69), referred to as the
Second Class City Zoning Law, all local ordinances and
enactments purporting to regulate oil and gas well operations
regulated by this act are hereby preempted and superseded to the
extent the ordinances and enactments regulate the method of oil
and gas well operations. No ordinances or enactments adopted
pursuant to the aforementioned acts shall contain provisions
which impose conditions, requirements or limitations on the
[same features] method of oil and gas well operations regulated
by this act or that accomplish the same purposes as set forth in
this act. [The Commonwealth, by this enactment, hereby preempts
and supersedes the regulation of oil and gas wells as herein
defined.] Nothing in this act shall affect the traditional power
of local government to regulate zoning and land development of
oil and gas activities as well as other aspects, such as the
time and the place of operations to protect the health, safety
and welfare of the general public through local ordinances and
enactments.
Section 3. This act shall take effect in 60 days.
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