PRINTER'S NO. 849
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
650
Session of
2021
INTRODUCED BY SANTARSIERO, COMITTA, HUGHES, FONTANA, KEARNEY,
CAPPELLETTI, SCHWANK, COSTA, MUTH AND KANE, JUNE 7, 2021
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, JUNE 7, 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 or within 5,000 feet
from a reservoir. If consent is not obtained and 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 a variance
from the distance restriction upon submission of 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 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 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
unconventional well site must maintain a 100-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.
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(3) No unconventional well may be drilled within 300
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 setback from the boundary of the wetlands.
(3.1) No well may be drilled within 5,000 feet of a
school or hospital on or after the effective date of this
paragraph.
(4) The department shall 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.
* * *
Section 2. This act shall take effect in 60 days.
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