Bill Text: PA HB690 | 2011-2012 | Regular Session | Introduced

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Bill Title: In preliminary provisions, further providing for definitions; and, in enforcement and remedies, providing for securing compensation for surface damage.

Spectrum: Moderate Partisan Bill (Democrat 14-2)

Status: (Introduced - Dead) 2011-02-15 - Referred to ENVIRONMENTAL RESOURCES AND ENERGY [HB690 Detail]

Download: Pennsylvania-2011-HB690-Introduced.html

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PRINTER'S NO. 695
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 690 Session of2011
INTRODUCED BY HANNA, GEORGE, BRENNAN, CALTAGIRONE, CONKLIN, DENLINGER, FABRIZIO, GOODMAN, HALUSKA, KULA, MIRABITO, MURPHY, MURT, READSHAW AND K. SMITH, FEBRUARY 15, 2011
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, FEBRUARY 15, 2011
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," in
preliminary provisions, further providing for definitions;
and, in enforcement and remedies, providing for securing
compensation for surface damage.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "department" in section 103 of
the act of December 19, 1984 (P.L.1140, No.223), known as the
Oil and Gas Act, is amended to read:
Section 103. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Department." The Department of Environmental [Resources]
Protection of the Commonwealth.
* * *
Section 2. The act is amended by adding a section to read:
Section 512. Procedure for securing compensation for damage to
surface landowner's property caused by oil or gas
drilling or exploration; duties of the department.
(a) (1) A surface landowner who believes that the drilling,
well installation or exploration for oil or gas has caused
damage to any structure, surface ground or vegetation on his
property and who wishes compensation for any damage,
including compensation for the loss of use of his property,
shall notify the owner of the drill, well operator or oil or
gas explorer.
(2) If the owner of the drill, well operator or oil or
gas explorer agrees that oil or gas drilling, well
installation or exploration damaged such structure, ground or
vegetation, he shall compensate the surface landowner for the
damage or reach an agreement either prior to drilling or
exploration or after the damage has occurred.
(b) If the parties are unable to agree within six months of
the date of notice as to the cause of the damage or the
reasonable cost of compensation, the surface landowner may file
a claim in writing with the department, a copy of which shall be
filed within two years of the date damage to the building,
surface ground, trees or vegetation occurred.
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(c) (1) The department shall make an investigation of a
claim within 30 days of the receipt of the claim.
(2) The department shall, within 60 days following the
investigation, make a determination in writing as to whether
the drilling, well installation or exploration of oil or gas
caused the damage and, if so, the reasonable cost of
repairing or replacing the damage, including the reasonable
cost of the loss of use to the surface landowner's property.
(3) If the department finds the damage to be caused by
drilling or exploration, it shall issue a written order
directing the owner of the drill, well operator or oil or gas
explorer to make repairs within six months or a longer period
if the department finds that occurrence of subsequent damage
may occur to the same building as a result of drilling or
exploration.
(d) (1) In no event shall the owner, well operator or oil
or gas explorer be liable for repairs or compensation in an
amount exceeding the cost of replacement of the damaged
structure, ground or vegetation, including the cost of loss
of use to the property.
(2) Notwithstanding the provisions of paragraph (1), the
surface landowner shall be entitled to additional payment for
reasonable, incidental costs agreed to by the parties or
approved by the department.
(e) If the owner of the drill, well operator or oil or gas
explorer fails to repair or compensate for any damage within six
months or a longer period as the department has established or
fails to perfect an appeal of the department's order directing
repair or compensation, the department shall issue an order and
take any actions that are necessary to compel compliance with
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the requirements of this section, including, but not limited to,
a cessation order or a permit revocation.
Section 3. This act shall take effect in 60 days.
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