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Senate Committee OKs Added Environmental Protection Measures For Drilling
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The Senate Appropriations Committee Wednesday unanimously added an Amendment to Senate Bill 1100 (Scarnati-R-Jefferson) which inserts a variety of requirements designed to better protect the environment from the impacts of Marcellus Shale drilling.
The bill was then reported to the full Senate and immediately returned to the Senate Appropriations Committee for further amendment. The Committee is set to consider the bill again on Monday, October 31 in an off the floor meeting.
Several Senators made it clear this was just the beginning of the process of considering Marcellus Shale issues in Senate Bill 1100. For example, the amendment did not have drilling fee language nor does it represent any final agreement on the issue of preempting local ordinances from regulating drilling operations.
These provisions are likely to be added on Monday when the Senate Appropriations Committee again considers the bill.
“[This is] by no means the final piece of the puzzle,” said Sen. Joe Scarnati (R-Jefferson) prime sponsor of the bill. “These are very difficult issues we are trying to work through and the fee issue in itself is obviously maybe the most divisive as far as the level of the fee, the type of fee that is imposed and distribution, so in order to give everybody an opportunity to have a fair debate on that, we chose to take it out."
"The action taken by the Senate Appropriations Committee today helps move the process forward as we try to pass a comprehensive piece of legislation on natural gas drilling that addresses an impact fee, a distribution plan, and local regulation of natural gas drilling," said Sen. John Yudichak (D-Luzerne), Minority Chair of the Senate Environmental Resources and Energy Committee. "It is my hope that this committee passage will be the catalyst to move this legislation to the Senate floor for a vote."
Here is a quick summary of the provisions included in the amendment--
-- Removes entire fee structure and distribution from the bill;
-- The increased environmental safeguards impact unconventional wells and do not impact the
shallow gas industry;
-- Increases setbacks from occupied structures and water wells from 200 feet to 500 feet and public
drinking water sources to 1,000 feet;
-- Increases the setback distance from an unconventional well and a spring or body of water
identified on the most current 7 1⁄2 minute topographic map from 100 feet to 300 feet;
-- Provides additional notice of permit applications to adjacent landowners, affected municipalities,
water supply purveyors, severed mineral rights owners from 1,000 feet to 3,000 feet;
-- Requires PEMA and the department to adopt emergency regulations directing the operators of unconventional wells to implement a unique GPS coordinate address for each well at the access road entrance and well pad site, as well as developing an emergency response plan;
-- Substantially increases well bonding requirements;
-- Requires operators to use containment methods on well pad sites to be designed and constructed
to prevent spills to the ground surface or spills off the well pad area;
-- Clarifies the authority of DEP to revoke/deny permits to bad actors;
-- Authorizing DEP to establish additional protective measures for chemicals or hazardous material located on drilling site;
-- Enhances water quality and quantity replacement standards to meet applicable water quality standards consistent with the Safe Drinking Water Act;
-- Expanding distance and duration of rebuttable presumption to better protect public and private water supplies from 1,000 feet/6 months to 3,000 feet/12 months;
-- Requiring disclosure of hydraulic fracturing components;
-- Requires the department to adopt regulations regarding the transportation of wastewater;
-- Increased well completion report data collection and transparency;
-- Ensuring qualifications of oil and gas wastewater treatment facility operators;
-- Posting inspection reports and cleanup activities online;
-- Increases the civil fine for unconventional wells from $25,000 plus $1,000 for each continuing day of violation to $75,000 plus $5,000; and
-- Retains language from Senate Bill 1100 regarding a model zoning ordinance.
Click Here for a copy of the amendment. Click Here for a summary.
Senate Committee Wants To Triple Fines For Shale Drillers
Senate Panel OKs Marcellus Bill, Minus Impact Fee Marcellus Bill Moves Forward, But Impact Fee Plan Unclear Senate Panel Approves Marcellus Environmental Amendment |
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10/31/2011 |
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