THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY PICKETT, CALTAGIRONE, CARROLL, D. COSTA, DENLINGER, EVERETT, GEORGE, GINGRICH, GOODMAN, GROVE, HANNA, HARHART, HEFFLEY, JOHNSON, KULA, LONGIETTI, MAJOR, MARSHALL, METZGAR, MILLARD, MILLER, MOUL, MURPHY, PEIFER, REICHLEY, SCHRODER, SONNEY, SWANGER, VULAKOVICH, WAGNER, WATSON AND WHITE, MARCH 2, 2011

REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, MARCH 2, 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 general requirements, further providing for

protection of water supplies.

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 well."  A bore hole drilled or being drilled

for the purpose of or to be used for producing oil or gas from a

geologic formation existing below the base of the Elk Sandstone

or its geologic equivalent stratigraphic interval where oil or

gas generally cannot be produced at economic flow rates or in

economic volumes except by wells stimulated by hydraulic

fracture treatments, a horizontal well bore or by using

multilateral well bores or other techniques to expose more of

the formation of the well bore.

* * *

Section 2.  Section 208(d) of the act is amended and the

section is amended by adding subsections to read:

Section 208.  Protection of water supplies.

* * *

(c.1)  In the instance where the well is an unconventional

well, unless rebutted by one of the five defenses established in

subsection (d), it shall be presumed that a well operator is

responsible for the pollution of a water supply that is within

2,500 feet of the oil or gas well, where the pollution occurred

within 24 months after the completion of drilling or alteration

of such well.

(d)  In order to rebut the presumption of liability

established in subsection (c), the well operator must

affirmatively prove one of the following five defenses:

(1)  The pollution existed prior to the drilling or

alteration activity as determined by a predrilling or

prealteration survey.

(2)  The landowner or water purveyor refused to allow the

operator access to conduct a predrilling or prealteration

survey.

(3)  The water supply is not within 1,000 feet of the

well or, in the case of an unconventional well, not within

2,500 feet of the well.

(4)  The pollution occurred more than six months after

completion of drilling or alteration activities or, in the

case of an unconventional well, the pollution occurred more

than 24 months after the completion of drilling or alteration

activities.

(5)  The pollution occurred as the result of some cause

other than the drilling or alteration activity. 

* * *

(e.1)  (1)  At least 30 days prior to commencing a well

drilling operation, the unconventional well operator shall

survey, sample and analyze the quality and flow of water from

any wells, springs or other water sources located within

2,500 feet of the proposed oil or gas well. The water well,

spring or other water source to be tested shall be a supply

that is utilized by a landowner or water purveyor for human

consumption, domestic animals or other general use.

(2)  The unconventional well operator shall utilize a

laboratory approved by the department to perform the water

supply analysis.

(3)  The unconventional well operator shall within five

days of receipt of the test results provide this information

in writing to the landowner or water purveyor.

(4)  In the event the landowner or water purveyor rejects

the offer to have the water supply tested or denies access to

the landowner's or water purveyor's property for the test to

be conducted, the unconventional well operator shall not be

required to meet the provisions of this subsection.

(5)  The performance or excused performance of a water

supply test under this subsection shall in no way prohibit

the unconventional well operator from commencing drilling

operations, provided the appropriate permit approvals are

obtained.

(e.2)  (1)  Upon the completion of drilling activities and

for a period of 24 months thereafter, the unconventional well

operator, upon written request of the landowner or water

purveyor, shall conduct a follow-up survey and analysis of

the quality and flow of water from any wells, springs or

other water sources initially tested by the well operator

under subsection (e.1). The unconventional well operator

shall not be required to conduct such follow-up test more

than once in a 12-month period. The unconventional well

operator's duty to conduct follow-up testing shall end 24

months after the completion of drilling activities.

(2)  The unconventional well operator shall provide

written notice to the landowner or water purveyor of the

right to request follow-up tests.

(3)  The unconventional well operator shall obtain and

analyze the water samples in accordance with methods

established by the department. All follow-up tests shall be

conducted by a laboratory certified by the department to

perform such testing.

(4)  The unconventional well operator shall, within five

days of receipt of the test results, provide this information

in writing to the landowner or water purveyor.

(5)  In the event the landowner or water purveyor rejects

the offer to have a follow-up water supply test or denies

access to the landowner's or water purveyor's property for

the test to be conducted, the unconventional well operator

shall not be required to meet the provisions of this

subsection.

(6)  The performance or excused performance of a follow-

up water supply test under this subsection shall in no way

prohibit the unconventional well operator from proceeding

with a drilling operation, provided the appropriate permit

approvals are obtained.

* * *

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