Regular Session 2015-2016 Senate Bill 1011 P.N. 1271

PRINTER'S NO. 1271

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1011

Session of

2015

INTRODUCED BY HUTCHINSON AND SCARNATI, SEPTEMBER 25, 2015

REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY,

SEPTEMBER 25, 2015

AN ACT

Amending the act of April 9, 1929 (P.L.343, No.176), entitled,

as amended, "An act relating to the finances of the State

government; providing for the settlement, assessment,

collection, and lien of taxes, bonus, and all other accounts

due the Commonwealth, the collection and recovery of fees and

other money or property due or belonging to the Commonwealth,

or any agency thereof, including escheated property and the

proceeds of its sale, the custody and disbursement or other

disposition of funds and securities belonging to or in the

possession of the Commonwealth, and the settlement of claims

against the Commonwealth, the resettlement of accounts and

appeals to the courts, refunds of moneys erroneously paid to

the Commonwealth, auditing the accounts of the Commonwealth

and all agencies thereof, of all public officers collecting

moneys payable to the Commonwealth, or any agency thereof,

and all receipts of appropriations from the Commonwealth,

authorizing the Commonwealth to issue tax anticipation notes

to defray current expenses, implementing the provisions of

section 7(a) of Article VIII of the Constitution of

Pennsylvania authorizing and restricting the incurring of

certain debt and imposing penalties; affecting every

department, board, commission, and officer of the State

government, every political subdivision of the State, and

certain officers of such subdivisions, every person,

association, and corporation required to pay, assess, or

collect taxes, or to make returns or reports under the laws

imposing taxes for State purposes, or to pay license fees or

other moneys to the Commonwealth, or any agency thereof,

every State depository and every debtor or creditor of the

Commonwealth," in general budget implementation, further

providing for Environmental Quality Board.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 1741.1-E of the act of April 9, 1929

(P.L.343, No.176), known as The Fiscal Code, added July 10, 2014

(P.L.1053, No.126), is amended to read:

Section 1741.1-E. Environmental Quality Board.

(a) Regulations.--From funds appropriated to the

Environmental Quality Board, the board shall promulgate proposed

regulations and regulations under 58 Pa.C.S. (relating to oil

and gas) or other laws of this Commonwealth relating to

conventional oil and gas wells separately from proposed

regulations and regulations relating to unconventional gas

wells. All regulations under 58 Pa.C.S. shall differentiate

between conventional oil and gas wells and unconventional gas

wells. Regulations promulgated under this [section] subsection

shall apply to regulations promulgated on or after the effective

date of this [section.] subsection.

(b) Rulemaking prohibition.--

(1) The board may not adopt or promulgate:

(i) a revision of 25 Pa. Code Ch. 78 (relating to

oil and gas wells) applicable to the operation of

conventional oil and gas wells which was formulated or

proposed in any form prior to the effective date of this

subsection; or

(ii) a regulation applicable to the operation of

conventional oil and gas wells which was formulated or

proposed in any form prior to the effective date of this

subsection.

(2) As to any rulemaking procedure concerning

conventional oil and gas wells which was published for the

board or the Department of Environmental Protection in the

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Pennsylvania Bulletin after November 30, 2013, and before the

effective date of this paragraph, the General Assembly finds

and declares that, as to conventional oil and gas wells:

(i) The rulemaking procedure is invalid as not in

compliance with the rulemaking standards of the act of

June 25, 1982 (P.L.633, No.181), known as the Regulatory

Review Act .

(ii) R egulations promulgated under the rulemaking

procedure are abrogated. This subparagraph applies

regardless of the date of publication of final-form

rulemaking in the Pennsylvania Bulletin.

subsection, the board may initiate the formulation, adoption or

promulgation of regulations for operation of conventional oil

and gas wells in accordance with law. The formulation, adoption

or promulgation shall be accompanied by the submission of a

regulatory analysis form which is prepared following the

effective date of this paragraph.

[(b)] (d) Definitions.--As used in this section, the

following words and phrases shall have the meanings given to

them in this subsection unless the context clearly indicates

otherwise:

"Conventional oil and gas well." A bore hole drilled for the

purpose of producing oil or gas from a conventional formation.

The term includes any of the following:

(1) A well drilled to produce oil.

(2) A well drilled to produce natural gas from

formations other than shale formations.

(3) A well drilled to produce natural gas from shale

formations located above the base of the Elk Group or its

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stratigraphic equivalent.

(4) A well drilled to produce natural gas from shale

formations located below the base of the Elk Group where

natural gas can be produced at economic flow rates or in

economic volumes without the use of vertical or nonvertical

well bores stimulated by hydraulic fracture treatments or by

using multilateral well bores or other techniques to expose

more of the formation to the well bore.

(5) Irrespective of formation, a well drilled for

collateral purposes, such as monitoring, geologic logging,

secondary and tertiary recovery or disposal injection.

"Unconventional gas well." As defined in 58 Pa.C.S. § 2301

(relating to definitions).

Section 2. This act shall take effect immediately.

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