House Energy Panel Ok’s Bills Bolstering Gas Well Drilling Safeguards

HARRISBURG – State Rep. Camille “Bud” George, majority chair of the House Environmental Resources and Energy Committee, said the panel today approved three bills, including a measure that would mitigate threats from Marcellus Shale gas drilling in the Commonwealth.

“House Bill 2213 – the Land and Water Protection Act — recognizes the threats to our natural resources and toll on our infrastructure inherent in Marcellus Shale gas drilling,” said Rep.George, D-74 of Houtzdale, the bill’s sponsor. “The committee recognized that Pennsylvania must keep pace with the challenges and costs already being encountered throughout much of Pennsylvania.”

Approved on a 17-9 vote, HB 2213 would:

? Require a permit before a well can be developed;

? Bolster the state Department of Environmental Protection’s authority to deny well permits because of outstanding violations and to suspend drilling for serious violations;

? Update set-back requirements for water sources and high-quality and exceptional value streams;

? Require the DEP to inspect Marcellus well sites during crucial drilling phases;

? Increase potential civil penalties from $25,000 to $100,000 and potential daily fines for continuous violations from $1,000 to $10,500 a day;

? Extend to 2,500 feet, from 1,000 feet, the presumed liability of a well polluting a water supply;

? Require full disclosure of the chemicals used in the hydraulic fracturing – fracking – of the natural gas from the earth;

? Update bonding requirements to cover the costs of decommissioning a well;

? Clarify local governments’ authority to regulate oil and gas activities.

The committee also approved George’s HB 2214, the Lessor’s Royalty Protection Act, which would protect landowners’ royalties in oil and gas leases from attempts to deduct post-production expenses.

Approved on a 14-12 vote, HB 2214 would:

? Raise the minimum royalty payment to 15 percent of the gross proceeds received, unless the lease states otherwise;

? Establish timetables for royalty payments and interest charges on unpaid royalties;

? Prohibit royalty deductions for any severance taxes, applicable state fees or post-production costs;

? Enable leases to be modified when procedures beyond routine cleaning and maintenance alter a  well’s development.

“Pennsylvania’s landowners deserve fair value from the resources extracted from their properties,” George said.

The committee also approved House Bill 2234, which would prohibit deed restrictions and covenants that would prevent homeowners from installing solar panels or other sources of alternative energy. The measure, offered by state Rep. Tom Houghton, D-13 of Chester County, was approved on a 25-1 vote.

All three bills now face consideration by the full House.

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