THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY VITALI, BRIGGS, CALTAGIRONE, CONKLIN, CURRY, GALLOWAY, HANNA, JOSEPHS, MURPHY, MURT AND YOUNGBLOOD, MARCH 28, 2011

REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, MARCH 28, 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," further

providing for definitions; providing for well spacing

requirements; and making a related repeal.

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."  A shale formation that

typically produces natural gas through high volume hydraulic

fracturing or horizontal well bores. The term shall include the

Rhinestreet, Burket, Marcellus, Mandata and Utica Shale

formations and other formations designated by the department.

* * *

Section 2.  Section 205 of the act is amended by adding a

subsection to read:

Section 205.  Well location restrictions.

* * *

(d)  A permit for a well intending to produce from an

unconventional shale formation shall not be issued by the

department unless it is located not less than two miles from the

nearest well drilled into an unconventional shale formation. For

the purposes of this subsection, multiple wells on a single

drill pad shall constitute a single well. The well spacing

requirements under this subsection shall not be waived.  

Section 3.  Repeals are as follows:

(1)  The General Assembly declares that the repeal under

paragraph (2) is necessary to effectuate the addition of

section 205(d) of the act.

(2)  Section 7(a) of the act of December 18, 1984

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

Coordination Act, is repealed insofar as it applies to

drilling in unconventional shale formations as defined in the

act.

Section 4.  This act shall take effect in 60 days.