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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY FERLO AND FONTANA, APRIL 4, 2011 |
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| REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, APRIL 4, 2011 |
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| AN ACT |
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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. |
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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. |
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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. |
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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. |
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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. |
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