PRINTER'S NO. 2387
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1465
Session of
2021
INTRODUCED BY OTTEN, FRANKEL, SAPPEY, KRAJEWSKI, HERRIN, VITALI,
SANCHEZ, WEBSTER AND MADDEN, NOVEMBER 9, 2021
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
NOVEMBER 9, 2021
AN ACT
Amending Title 58 (Oil and Gas) of the Pennsylvania Consolidated
Statutes, in development, further providing for well location
restrictions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3215(a) and (b) of Title 58 of the
Pennsylvania Consolidated Statutes are amended to read:
ยง 3215. Well location restrictions.
(a) General rule.--Wells may not be drilled within 200 feet,
or, in the case of an unconventional gas well, [500] 2,500 feet,
measured horizontally from the vertical well bore to a building
or water well, existing when the copy of the plat is mailed as
required by section 3211(b) (relating to well permits) [without
written consent of the owner of the building or water well].
Unconventional gas wells may not be drilled within [1,000] 2,500
feet measured horizontally from the vertical well bore to any
existing water well, surface water intake, reservoir or other
water supply extraction point used by a water purveyor [without
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the written consent of the water purveyor. If consent is not
obtained and]. If the distance restriction would deprive the
owner of the oil and gas rights of the right to produce or share
in the oil or gas underlying the surface tract, the well
operator [shall be granted] may submit a request for a variance
from the distance restriction [upon submission of]. As part of
the variance request, the well operator shall submit a plan
identifying the additional measures, facilities or practices as
prescribed by the department to be employed during well site
construction, drilling and operations. [The variance] If the
department is satisfied that the plan adequately addresses these
additional measures, facilities or practices, the variance shall
be granted and shall include additional terms and conditions
required by the department to ensure safety and protection of
affected persons and property, including insurance, bonding,
indemnification and technical requirements. Notwithstanding
section 3211(e), if a variance request has been submitted, the
department may extend its permit review period for up to 15 days
upon notification to the applicant of the reasons for the
extension.
(b) Limitation.--
(1) No well site may be prepared or well drilled within
100 feet or, in the case of an unconventional well, [300]
2,500 feet from the vertical well bore or 100 feet from the
edge of the well site, whichever is greater, measured
horizontally from any solid blue lined stream, spring or body
of water as identified on the most current 7 1/2 minute
topographic quadrangle map of the United States Geological
Survey.
(2) The edge of the disturbed area associated with any
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unconventional well site must maintain a [100-foot] 2,500-
foot setback from the edge of any solid blue lined stream,
spring or body of water as identified on the most current 7
1/2 minute topographic quadrangle map of the United States
Geological Survey.
(3) No unconventional well may be drilled within [300]
2,500 feet of any wetlands greater than one acre in size, and
the edge of the disturbed area of any well site must maintain
a [100-foot] 2,500-foot setback from the boundary of the
wetlands.
(3.1) A school, hospital, long-term care facility,
child-care facility or facility that houses or serves
individuals with intellectual or developmental disabilities
shall not be within 5,000 feet of any of the following:
(i) A compressor station.
(ii) A pit or impoundment containing drilling
cuttings, flowback water, produced water or hazardous
materials, chemicals or waste.
(iii) A tank containing hazardous materials,
chemicals, condensate, waste, flowback or produced water.
(iv) Any storage or handling of water, chemicals,
fuels, hazardous materials or solid waste on a well site.
(3.2) A building, other than that specified in paragraph
(3.1), water well or water supply shall not be within 2,500
feet of any of the following:
(i) A compressor station.
(ii) A pit or impoundment containing drilling
cuttings, flowback water, produced water or hazardous
materials, chemicals or waste.
(iii) A tank containing hazardous materials,
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chemicals, condensate, waste, flowback or produced water.
(iv) Any storage or handling of water, chemicals,
fuels, hazardous materials or solid waste on a well site.
(4) The department [shall] may not waive the distance
restrictions [upon submission of a plan identifying
additional measures, facilities or practices to be employed
during well site construction, drilling and operations
necessary to protect the waters of this Commonwealth. The
waiver, if granted, shall include additional terms and
conditions required by the department necessary to protect
the waters of this Commonwealth. Notwithstanding section
3211(e), if a waiver request has been submitted, the
department may extend its permit review period for up to 15
days upon notification to the applicant of the reasons for
the extension].
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Section 2. This act shall take effect in 60 days.
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