THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY M. WHITE, MAY 20, 2010

REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, MAY 20, 2010  

AN ACT

Amending the act of December 18, 1984 (P.L.1069, No.214),

entitled "An act requiring coordination of coal mine and gas

well operators; authorizing Department of Environmental

Resources enforcement powers; and providing penalties,"

further providing for definitions and for minimum distance

between gas wells.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The definitions of "department" and "workable

coal seam" in section 2 of the act of December 18, 1984

(P.L.1069, No.214), known as the Coal and Gas Resource

Coordination Act, are amended to read:

Section 2.  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.

* * *

"Workable coal seam."  A coal seam identified by the

[Topographical and Geological] Bureau of Topographic and

Geologic Survey of the Department of [Environmental]

Conservation and Natural Resources as capable of being mined by

underground methods.

Section 2.  Section 7(b) and (c) of the act, amended November

29, 2004 (P.L.1341, No.171), are amended and the section is

amended by adding a subsection to read:

Section 7.  Minimum distance between gas wells.

* * *

(b)  The department shall, upon request of the permit

applicant or the owner of the workable coal seam which underlies

the proposed gas well, grant an exception from the minimum 1,000

feet distance requirement of subsection (a), where the permit

applicant and the owner of the workable coal seam consent in

writing. [In no case shall the minimum distance between the

proposed gas well and any other well be less than 900 feet

pursuant to this subsection.

(c)  The department shall, upon the request of the permit

applicant or the owner of the workable coal seam which underlies

the proposed gas well, grant an exception to the requirements of

subsection (a), where the vertical distance between the

producing formation of the proposed gas well and the producing

formation of any other well is 1,000 feet or greater, where the

permit applicant and the owner of the workable coal seam consent

in writing.]

(d)  No later than June 30, 2011, the Bureau of Topographic

and Geologic Survey shall update the identification of all

workable coal seams in this Commonwealth for purposes of this

act. The identification shall be maintained and updated on an

annual basis thereafter. The Bureau of Topographic and Geologic

Survey may utilize funds available to the Department of

Conservation and Natural Resources from the Oil and Gas Lease

Fund to meet the requirements of this subsection.

Section 3.  This act shall take effect as follows:

(1)  The amendment of section 7(b) and (c) of the act

shall take effect August 1, 2011.

(2)  The remainder of this act shall take effect

immediately.