PRINTER'S NO. 1797
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1217
Session of
2020
INTRODUCED BY LEACH, JUNE 22, 2020
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, JUNE 22, 2020
AN ACT
Amending Title 58 (Oil and Gas) of the Pennsylvania Consolidated
Statutes, in development, providing for prohibition of
natural gas hydraulic fracturing.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 58 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 3211.1. Prohibition of natural gas hydraulic fracturing.
(a) General rule.--Natural gas hydraulic fracturing is
prohibited in this Commonwealth in accordance with the
Constitution of Pennsylvania.
(b) Criminal penalties.--A violation of this section shall
be a misdemeanor of the first degree.
(c) Administrative sanctions.--In addition to any other
remedy available at law or in equity for a violation of this
section, the department may assess a civil penalty of up to
$500,000 for each violation by a person. The department shall
use the following factors in assessing a penalty:
(1) Willfulness of the violation.
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(2) Damage to the air, water, land or other natural
resources, or their uses, in this Commonwealth.
(3) Cost of restoration and abatement.
(4) Harm caused to the health and safety of affected
individuals.
(5) Aggravation of global climate change.
(6) Any other relevant factors.
(d) Liability.--Notwithstanding any other provision of law
to the contrary, an individual employed by a corporation that
violates this section shall be liable under this section if:
(1) the individual's conduct contributed to the
corporation's violation of this section; and
(2) the individual's contributory conduct was within the
scope of the individual's employment duties.
(e) Period of limitations.--
(1) A prosecution under this section must be commenced
within two years of the date of the alleged violation.
(2) An administrative sanction under this section must
be commenced within two years of the date of the discovery by
the department of the alleged violation.
(f) Regulations.--The department shall promulgate rules and
regulations necessary to carry out the provisions of this
section.
(g) Construction.--Nothing in this section may be construed:
(1) to bar an individual from bringing a civil action
against a person who has violated this section if the civil
action is commenced within two years of the discovery by the
individual of the cause of action; and
(2) to impose penalties against a person for actions
performed prior to the effective date of this section.
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(h) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Department." The Department of Environmental Protection of
the Commonwealth.
"Natural gas hydraulic fracturing." The breaking of rock by
fluid for the purposes of stimulating or extracting natural gas
as part of a commercial effort to produce and sell energy.
Section 2. This act shall apply to acts committed on or
after the effective date of this section.
Section 3. All acts and parts of acts are repealed insofar
as they are inconsistent with the provisions of this act.
Section 4. The Secretary of the Commonwealth shall submit a
notice to the Legislative Reference Bureau for publication in
the Pennsylvania Bulletin upon the ratification of a
Pennsylvania constitutional amendment that bans natural gas
hydraulic fracturing.
Section 5. This act shall take effect as follows:
(1) This section and section 4 of the act shall take
effect immediately.
(2) The remainder of this act shall take effect upon
publication of the notice under section 4.
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