THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY CONKLIN, DeWEESE, HOUGHTON, CALTAGIRONE, STABACK, MUNDY, KORTZ, HORNAMAN, GEORGE, YOUNGBLOOD, MURT, GOODMAN AND BRADFORD, DECEMBER 18, 2009

REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, DECEMBER 18, 2009  

AN ACT

Amending the act of July 25, 1961 (P.L.825, No.359), entitled

"An act defining and prohibiting waste in the production of

oil and gas; defining the powers and duties of the Oil and

Gas Conservation Commission and the Oil and Gas Division of

the Department of Mines and Mineral Industries with respect

to the prevention of waste in the production of oil and gas

from certain geological horizons; the protection of

correlative rights; the spacing of well drilling operations;

the unitization of lands and horizons for the purpose of

regulating well spacing; providing for the enforcement of

this act; and the issuance of rules, regulations and orders

prescribing the rights, obligations and duties of owners and

operators of interests in lands and leasehold interests

therein with respect to the drilling of oil and gas wells

thereon; providing for hearings and the procedures to be

followed therein; imposing duties upon the courts; providing

methods for the enforcement of the provisions of this act,

limiting all the provisions hereof to certain geological

horizons; imposing penalties and making an appropriation,"

further providing for drilling permits and for well spacing.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 6(a) and 7(2) of the act of July 25,

1961 (P.L.825, No.359), known as the Oil and Gas Conservation

Law, are amended to read:

Section 6.  Drilling Permits.--(a) Before drilling any well

which is to penetrate the Onondaga or deeper horizons or a depth

of three thousand eight hundred feet, whichever is deeper, the

well operator shall obtain a permit. Before filing an

application for a drilling permit with the division, the well

operator shall give public notice of the filing by publication

in a newspaper of general circulation, published in the locality

where the permit is applied for, once a week for four

consecutive weeks. The well operator shall have a plat prepared

on the same form required by the division under the "Gas

Operations Well-Drilling Petroleum and Coal Mining Act," and

shall file said plat with the division, together with an

application on a form to be furnished by the division for a

permit to drill a well at said location. The application shall

include proof of publication of the required notice. The

division shall, consistent with the "Gas Operations Well-

Drilling Petroleum and Coal Mining Act," within ten days of the

receipt of such application, issue a drilling permit to the well

operator unless the requested location of the well will conflict

with a spacing or pooling order previously entered or unless an

application for such an order has been filed and is then

pending. In areas in which no spacing order has been entered and

no application is pending, no permit shall be issued for the

drilling of a well unless the location of the well is at least

three hundred thirty feet from the nearest outside boundary line

of the lease on which it is located: Provided, however, That if

the lease is included in a voluntary unit, a well may be located

without regard to lease lines if it is not within three hundred

thirty feet of the nearest unit line: And provided further, That

the commission after notice and hearing may waive this

requirement. Any applicant or other person aggrieved by any

order granting or refusing a permit shall have the same right to

appeal therefrom as is provided in section 13 of this act.

* * *

Section 7.  Well Spacing.--The commission shall, to carry out

the purpose of this act, and upon proper application and notice

given as hereinafter provided, and after a hearing as provided

in said notice, enter an order establishing well spacing and

drilling units of a specified and an approximate uniform size

and shape for each pool. The procedure for obtaining such an

order shall be as follows:

* * *

(2)  Upon the filing of an application as above set out,

notice of the hearing shall be given by the commission by

publication for [two successive] four consecutive weeks in a

newspaper in general circulation in each county where any land

which may be affected by such order is located, and by the

commission mailing a copy of such notice to all persons who have

specified to the commission an address to which all such notices

may be mailed. The [first] last publication and the mailing of

such notice shall be at least fifteen days before the date fixed

for hearing.

* * *

Section 2.  This act shall take effect in 60 days.