PRINTER'S NO.  1058

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

934

Session of

2009

  

  

INTRODUCED BY WANSACZ, STABACK, SIPTROTH, CARROLL, CREIGHTON, GEORGE, GOODMAN, HALUSKA, HESS, KORTZ, MOUL, SAYLOR, PICKETT AND GINGRICH, MARCH 13, 2009

  

  

REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, MARCH 13, 2009  

  

  

  

AN ACT

  

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Amending the act of December 19, 1984 (P.L.1140, No.223),

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entitled "An act relating to the development of oil and gas

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and coal; imposing duties and powers on the Department of

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Environmental Resources; imposing notification requirements

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to protect landowners; and providing for definitions, for

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various requirements to regulate the drilling and operation

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of oil and gas wells, for gas storage reservoirs, for various

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reporting requirements, including certain requirements

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concerning the operation of coal mines, for well permits, for

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well registration, for distance requirements, for well casing

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requirements, for safety device requirements, for storage

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reservoir obligations, for well bonding requirements, for a

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Well Plugging Restricted Revenue Account to enforce oil and

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gas well plugging requirements, for the creation of an Oil

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and Gas Technical Advisory Board, for oil and gas well

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inspections, for enforcement and for penalties," providing

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for secured meters; and further providing for well reporting

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requirements.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  The act of December 19, 1984 (P.L.1140, No.223),

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known as the Oil and Gas Act, is amended by adding a section to

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read:

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Section 205.1.  Secured meters.

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(a)  Every well operator shall install a secured meter at

 


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each installation site where a well has been drilled to remove a

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natural resource pursuant to an agreement with the owner.

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(b)  The meter shall display the volume of gas or other

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appropriate measure to denote the amount of natural resource

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being removed. The meter shall include an overlaying locked box

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or other mechanism to prevent the meter's being read without an

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access device, such as a key or other similar device, and shall

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otherwise be secured in a manner so that no competing well

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operator or individual may be able to review the information

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from the meter at any time without the operator, its employees

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or authorized agents present.

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(c)  No person, other than the well operator, its employees

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and authorized agents, may possess or exercise control over the

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access device.

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(d)  The operator shall, within ten days of receipt of a

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request from the owner, provide the owner with access to the

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meter for the purpose of conducting a meter reading. The owner

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may not make a request for access more frequently than once

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during any six-month period.

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(e)  The operator shall establish and maintain a written log

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of requests made by the owner to access the meter and shall

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bring the log to the well when the owner gains access to the

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meter. After the owner has been given the opportunity to read

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the meter, the owner and operator shall date and sign the log.

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The operator shall provide a copy of the signed log to the owner

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at the time of the meter reading.

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Section 2.  Section 212(a) of the act, amended July 2, 1992

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(P.L.365, No.78), is amended and the section is amended by

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adding a subsection to read:

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Section 212.  Well reporting requirements.

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(a)  Every well operator shall file with the department, on a

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form provided by the department, an annual report specifying the

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amount of production on the most well-specific basis available.

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Annual reports shall also specify the status of each well;

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however, in subsequent years, only changes in the status need be

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reported. The department shall keep all such reports

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confidential for five years: Provided, however, That the

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Commonwealth shall have the right to utilize such information in

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enforcement proceedings, in making designations or

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determinations under section 1927-A of the act of April 9, 1929

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(P.L.177, No.175), known as The Administrative Code of 1929, or

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in aggregate form for statistical purposes[.]; and Provided,

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further, That owners shall have the right to view those portions

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of the reports relating to their properties in accordance with

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subsection (a.1).

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(a.1)  (1)  An owner may, at any time after an annual report

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is filed under subsection (a) and not more frequently than

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once within a six-month period, review the relevant portion

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of the annual report that states the total amount of natural

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resources removed from property of the owner and on which the

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owner has granted permission of a well operator to remove.

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(2)  The owner must submit a written request for review

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of the annual report to the department, on a form prescribed

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by the department.

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(3)  The department shall review the request within ten

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days of receipt of the request and, if the request is

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approved, make the relevant portion of the annual report

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available to the owner within that ten-day period. The

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department shall retain the written request and the request

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shall be open to public inspection.

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Section 3.  This act shall take effect in 60 days.

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