THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY MUNDY, DeLUCA, DePASQUALE, FREEMAN, GEORGE, JOHNSON, KORTZ, MULLERY, MURPHY, PASHINSKI, PAYTON, READSHAW, REICHLEY, SANTARSIERO, K. SMITH, STABACK AND WAGNER, JANUARY 26, 2011

REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, JANUARY 26, 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," providing

for the definition of "unconventional shale formation"; and

further providing for well reporting requirements.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 103 of the act of December 19, 1984

(P.L.1140, No.223), known as the Oil and Gas Act, is amended by

adding a definition 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:

* * *

"Unconventional shale formation."  Any of the following:

(1)  A formation that typically produces gas through high

volume hydraulic fracturing and horizontal well bores, such

as the Rhinestreet, Burket, Marcellus, Mandata and Utica

Shale formations.

(2)  Formations identified by the Department of

Environmental Protection.

* * *

Section 2.  Section 212(a.1) of the act, amended March 22,

2010 (P.L.169, No.15), is amended to read:

Section 212.  Well reporting requirements.

* * *

(a.1)  The following shall apply:

(1)  Every operator of a well which produces gas from

[the Marcellus Shale formation] an unconventional shale

formation shall file with the department, on a form provided

by the department, a semiannual report specifying [the amount

of production], on the most well-specific basis available[.],

the following information:

(i)  The amount of production.

(ii)  The amount of each type of waste generated by

the well.

(iii)  Each facility that accepted waste generated by

the well for disposal, treatment or reuse and the amount

of each type of waste accepted by each facility.

(2)  The initial report required under this subsection

shall be filed with the department on or before August 15,

2010, and shall include production data from the preceding

calendar year. Initial reports shall also specify the status

of each well[; however,], except that in subsequent reports,

only changes in the status must be reported. Subsequent

semiannual reports shall be filed with the department on or

before February 15 and August 15 of each year and shall

include production data from the preceding reporting period.

(3)  The Commonwealth shall have the right to utilize

[such information] the information in a report in enforcement

proceedings, in making designations or determinations under

section 1927-A of the act of April 9, 1929 (P.L.177, No.175),

known as The Administrative Code of 1929, or in aggregate

form for statistical purposes.

(4)  Beginning November 1, 2010, the department shall

make the reports available on its publicly accessible

Internet website.

(5)  Any costs incurred by the department to comply with

the requirements of this subsection shall be paid out of the

fees collected under section 201(d).

* * *

Section 2.  This act shall take effect in 60 days.