HOUSE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY YAW, BAKER, PILEGGI, RAFFERTY, WONDERLING, BROWNE, COSTA, O'PAKE, ALLOWAY, VANCE, EARLL, SMUCKER, FERLO AND BRUBAKER, FEBRUARY 24, 2009

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, JANUARY 26, 2010  

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 well reporting requirements.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 212 of the act of December 19, 1984 (P.L.

1140, No.223), known as the Oil and Gas Act, amended July 2,

1992 (P.L.365, No.78), is amended to read:

Section 212.  Well reporting requirements.

(a)  [Every] Except as provided in subsection (a.1), every 

well operator shall file with the department, on a form provided

by the department, an annual report specifying the amount of

production on the most well-specific basis available. Annual

reports shall also specify the status of each well; however, in

subsequent years, only changes in the status need be reported.

The [department shall keep all such reports confidential for

five years: Provided, however, That the] Commonwealth shall have

the right to utilize such information 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.

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

Marcellus Shale formation shall file with the department, on a

form provided by the department, a semi-annual report specifying

the amount of production on the most well-specific basis

available. The initial report required under this subsection

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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, in subsequent reports, only changes in the status

must be reported. Subsequent semi-annual 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. The Commonwealth shall have the right to

utilize such information 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. The 

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Beginning November 1, 2010, the department shall make the

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reports available on its publicly accessible Internet website.

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).

(b)  It shall be the duty of the well operator to keep

records of any well drilled or altered. A record of the well

containing such information as required by regulation shall be

filed with the department within 30 days of cessation of

drilling. A completion report containing such additional

information as required by regulation shall be filed with the

department within 30 days after the completion of the well and

it shall be kept on file by the department. Within 90 days after

the completion of drilling or recompletion of a well, if

requested by the department, the well operator shall submit a

copy of the electrical, radioactive or other standard industry

logs if they have been run. In addition, if requested by the

department within one year, the well operator shall file a copy

of drill stem test charts, formation water analysis, porosity,

permeability or fluid saturation measurements, core analysis and

lithologic log or sample description or other similar data as

compiled. No such information shall be required unless the well

operator has had such information compiled in the ordinary

course of business. No interpretation of the data is to be

filed.

(c)  Upon notification by the department prior to

commencement of drilling, the well operator shall collect for

the department additional data as the department shall specify,

such as representative drill cuttings and samples from cores

taken and any other such geological information that the

operator reasonably can compile. No interpretation of the data

is to be filed.

(d)  All electrical, radioactive or other standard industry

logs, drill stem test charts, formation water analyses,

porosity, permeability or fluid saturation measurements, core

analysis and lithologic logs or sample description or other

similar data as compiled, required under subsection (b) or drill

cuttings required under subsection (c) shall be retained by the

well operator and shall be filed with the department three years

after completion of the well. Upon request of the well operator,

the department shall extend the date for the filing of the data,

but the extension shall not exceed five years from the date of

completion of the well: Provided, however, That the department

shall have the right to utilize such information 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.

Section 2.  This act shall take effect immediately in 60

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days.