THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY HUTCHINSON AND RAPP, OCTOBER 3, 2011

REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, OCTOBER 3, 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 local ordinances.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 602 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 602.  Local ordinances and Allegheny National Forest

restrictions.

(a)  Except with respect to ordinances adopted pursuant to

the act of July 31, 1968 (P.L.805, No.247), known as the

Pennsylvania Municipalities Planning Code, and the act of

October 4, 1978 (P.L.851, No.166), known as the Flood Plain

Management Act, all local ordinances and enactments purporting

to regulate oil and gas well operations regulated by this act

are hereby superseded. No ordinances or enactments adopted

pursuant to the aforementioned acts shall contain provisions

which impose conditions, requirements or limitations on the same

features of oil and gas well operations regulated by this act or

that accomplish the same purposes as set forth in this act. The

Commonwealth, by this enactment, hereby preempts and supersedes

the regulation of oil and gas wells as herein defined.

(b)  With respect to regulations adopted under section 17(o)

of the Mineral Leasing Act (41 Stat. 437, 30 U.S.C. § 226(o))

for oil and gas deposits in the Allegheny National Forest, and

notwithstanding section 17(o)(3) and (4) of the Mineral Leasing

Act (30 U.S.C. § 226(o)(3) and (4)), none of the following shall

be authorized by any method or procedure:

(1)  The imposition of any requirement for predrilling or

presurface disturbance notifications from a well operator.

(2)  The imposition of any conditions, duties or

prohibitions on a well operator pertaining to any and all

aspects, features or processes associated with oil and gas

development activities.

(3)  The imposition of any requirement or procedure by

which the surface landowner may approve or object to any

provision of any predrilling or presurface disturbance

notification provided by a well operator.

(4)  The specification of the contents of any predrilling

or presurface disturbance notification provided by a well

operator.

Section 2.  This act shall take effect immediately.