Surface Owners Protection Act OK’d by House Panel

HARRISBURG – State Rep. Camille “Bud” George, D-74 of Houtzdale, said the House Environmental Resources and Energy Committee on Wednesday approved legislation that would protect surface owners and the owners of the underground mineral rights.

“The surging interest in Pennsylvania’s gas deposits has the mineral-rights owners and those who live above the energy supplies clamoring for fair treatment of their interests,” George said. “The Surface Owners Protection Act, House Bill 1155, would establish a fair framework for both.”

HB 1155 would:

-Require surface owners to be notified at least 15 days before a driller enters a tract and at least 45 days before drilling begins;

-Provide surface owners with basic information, such as the scope of planned operations, the drilling operator and plans for protection of water sources;

-Compel agreements governing drilling operations, drainage changes, nuisance controls, liability and reclamation responsibilities and compensation for damages;

-Implement standards governing operations of oil and gas wells.

“A lack of clear guidelines and responsibilities has prompted many landowners to believe their rights have been trampled and owners of the mineral rights to feel they are being unfairly restricted from minerals they legally own,” George said.” “The Surface Owners Protection Act would clarify those rights and responsibilities.”

George said HB 1155 would establish provisions to replace water supplies, recover damages and seek an investigation of suspect drilling operations.

“If the sides can’t come to an agreement within 45 days, the owner of the gas and oil rights may file for permits after establishing the appropriate bonds, deposits and insurance,” George said. “Both sides may have divergent interests but both have rights that must be protected.”

The panel also approved legislation, HB 1205, offered by state Rep. Tina Pickett, R-Bradford/Sullivan/Susquehanna, which would require water testing before and after drilling and ease limits on how long a landowner may claim damage to a water supply.

Both HB 1155 and HB 1205 now go to the full House for consideration.

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