PRINTER'S NO.  964

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

906

Session of

2011

  

  

INTRODUCED BY FERLO AND FONTANA, APRIL 4, 2011

  

  

REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, APRIL 4, 2011  

  

  

  

AN ACT

  

1

Providing for a Statewide moratorium on natural gas drilling in

2

the Marcellus Shale.

3

The General Assembly of the Commonwealth of Pennsylvania

4

hereby enacts as follows:

5

Section 1.  Short title.

6

This act shall be known and may be cited as the Statewide

7

Marcellus Shale Natural Gas Drilling Moratorium Act.

8

Section 2.  Definitions.

9

The following words and phrases when used in this act shall

10

have the meanings given to them in this section unless the

11

context clearly indicates otherwise:

12

"Commission."  The Marcellus Well Drilling Study Commission.

13

"Department."  The Department of Environmental Protection of

14

the Commonwealth.

15

"Marcellus well."  A well from which gas from the Marcellus

16

Shale formation, as determined by the United States Geological

17

Survey, is or is intended to be extracted, including wells on

18

Commonwealth and non-Commonwealth land.

 


1

Section 3.  Moratorium.

2

(a)  Establishment.--Notwithstanding any other provision of

3

law, a moratorium is established during which no Marcellus wells

4

may be drilled, including Marcellus wells that have received a

5

permit from the department, but drilling has not begun.

6

(b)  Expiration.--The moratorium in subsection (a) shall

7

expire one year after the effective date of this act.

8

Section 4.  Marcellus Well Drilling Study Commission.

9

(a)  Establishment.--There is established the Marcellus Well

10

Drilling Study Commission.

11

(b)  Purpose.--The purpose of the commission shall be to

12

study and analyze the environmental, social and economic impacts

13

of Marcellus well drilling in this Commonwealth and recommend

14

changes to the Commonwealth's statutory and regulatory framework

15

to ensure the protection of the public and the environment as

16

well as successful promotion of the natural gas industry.

17

Section 5.  Report.

18

(a)  Report.--The commission shall provide a comprehensive

19

report of the study. The report shall thoroughly investigate the

20

impact of Marcellus well drilling in this Commonwealth and make

21

recommendations on improvements to Pennsylvania's law and

22

implement regulations to ensure the protection of the public and

23

the environment as well as the successful promotion of the

24

natural gas industry. The recommendations should include, but

25

not be limited to, guidance on all of the following:

26

(1)  Laws and regulations for the protection of rivers,

27

streams and groundwater from drilling activities, including

28

protecting drinking water, and managing wastewater, storm

29

water run-off and spills.

30

(2)  Air quality laws and regulations.

- 2 -

 


1

(3)  The disclosure and consequences of specific

2

chemicals used by the drilling industry, including amounts

3

used at each well site.

4

(4)  The appropriate permitting processes, drilling and

5

well inspections, staffing levels and other administrative

6

responsibilities of the department.

7

(5)  How to handle liability and bonding at all well

8

sites in the event of drilling disasters that pose an

9

environmental risk, especially in remote areas.

10

(6)  The impact on the State labor market and how to

11

encourage job opportunities and procurement for Pennsylvania

12

businesses.

13

(7)  The financial impact to host communities, such as

14

inadequate trucking routes and transport of contaminated

15

water which is produced due to the type of drilling and

16

fracturing method.

17

(8)  Property rights of both those leasing land and those

18

adjacent to leased land.

19

(9)  The cumulative impact of existing and likely

20

proposed drilling in Pennsylvania's Marcellus Shale,

21

including an analysis on water quality, air quality, land

22

use, habitat and human health.

23

(10)  The effects on the social fabric, including, but

24

not limited to:

25

(i)  Tourism.

26

(ii)  Recreation.

27

(iii)  Hunting.

28

(iv)  Fishing.

29

(v)  Community aesthetics.

30

(vi)  Quality of life.

- 3 -

 


1

(b)  Presentation.--The commission shall present the report

2

to the Governor, the chairman and minority chairman of the

3

Environmental Resources and Energy Committee of the Senate and

4

the chairman and minority chairman of the Environmental

5

Resources and Energy Committee of the House of Representatives

6

nine months after the effective date of this act.

7

Section 6.  Composition of commission.

8

(a)  Members.--The commission shall consist of seven members

9

appointed as follows:

10

(1)  One member appointed by the Governor.

11

(2)  One member appointed by the President pro tempore of

12

the Senate.

13

(3)  One member appointed by the Minority Leader of the

14

Senate.

15

(4)  One member appointed by the Speaker of the House of

16

Representatives.

17

(5)  One member appointed by the Minority Leader of the

18

House of Representatives.

19

(6)  The Secretary of Environmental Protection.

20

(7)  The Secretary of Conservation and Natural Resources.

21

(b)  Chairperson.--The Secretary of Environmental Protection

22

shall act as chair of the commission.

23

(c)  Staffing.--The Commonwealth shall, through the

24

department, provide reasonable and necessary clerical, research

25

and administrative support and may contract for research,

26

analysis and editorial work in support of the commission as

27

necessary.

28

(d)  Submission of members.--The Governor and responsible

29

legislative members shall make appointments to the commission

30

within 15 days of the effective date of this act.

- 4 -

 


1

Section 7.  Public meetings.

2

The commission shall conduct at least six public hearings in

3

different geographic areas of this Commonwealth. All meetings,

4

except for organizational meetings and planning sessions, shall

5

be conducted as open meetings under 65 Pa.C.S. Ch. 7 (relating

6

to open meetings). The initial organizational meeting shall take

7

place no later than 30 days after the effective date of this

8

act.

9

Section 8.  Cooperation by State agencies.

10

The department shall serve as the administrative support

11

agency of the commission and shall provide facilities, personnel

12

assistance, information and services necessary to fulfill the

13

mission of the commission. All other Commonwealth agencies are

14

directed to cooperate with and assist the commission in

15

fulfilling its duties and responsibilities.

16

Section 9.  Effective date.

17

This act shall take effect immediately.

- 5 -