The House and Senate Wednesday gave final approval to legislation making DEP start the process over for updating conventional oil and gas drilling regulations and setting further requirements for legislative review of any plan DEP develops to implement EPA’s Clean Power Climate Plan.  The bills now go to the Governor for his action.

The language in the bills is the result of an agreement between Senate and House Republicans and Gov. Wolf, so these bills are expected to become law.

The bills include--

-- Senate Bill 279 (Hutchinson-R-Venango) requiring DEP to start over to update its drilling regulations covering conventional oil and gas wells was approved by a vote of 141 to 46 in the House and 37 to 12 in the Senate. 

The bill does not affect DEP’s final Chapter 78a regulations updating requirements covering Marcellus/Utica Shale natural gas drilling.  Those regulations will be allowed to proceed through the remaining process to final publication in the PA Bulletin and become effective.

On June 8, Rep. Garth Everett (R-Lycoming) proposed, then withdrew, an amendment in the House Environmental Resources and Energy Committee taken from House Bill 1391 (Everett) that would have required oil and gas companies to pay leaseholders the minimum royalty amount they are owed by state law.

Rep. Greg Vitali (D-Delaware), Minority Chair of the House Environmental Resources and Energy Committee, offered two amendments, the primary one to eliminate the provision making DEP start over on setting updated standards for conventional drilling operations.  The amendment was defeated by a vote of 55 to 140.

 A House Fiscal Note and summary is available.

-- Senate Bill 1195 (White-R-Indiana) further providing for legislative review of any plan developed by DEP to implement the EPA Clean Power Climate Plan was approved by a vote of 147 to 41 in the House and 38 to 11 in the Senate.

On Tuesday, Rep. Maher (R-Allegheny), Majority Chair of the House Environmental Resources and Energy Committee, offered a technical amendment adopted by a vote of 195 to 0.

Rep. Greg Vitali (D-Delaware), Minority Chair of the House Environmental Committee, offered an amendment to shortened the time for legislative review of a proposed plan to comply with the EPA Clean Power Climate Plan saying the existing schedule is entirely too long.  The amendment was defeated 58 to 137.

Reaction

“For the Clean Power Plan to have maximum climate and economic benefit for Pennsylvania, the Department of Environmental Protection must retain the flexibility to develop a thoughtful plan in a timely fashion,” said Andrew Williams, Senior State Legislative and Regulatory Affairs Manager for the Environmental Defense Fund.  “Senate Bill 1195 needlessly delays and complicates this process, adding layers of legislative review to an already exhaustive regulatory process.

“Pennsylvania’s energy companies deserve to have the regulatory certainty to make prudent, near-term decisions about power sector investments under the Clean Power Plan, but SB 1195 jeopardizes this opportunity by creating planning delays that will hurt, rather than help, Pennsylvania.

“We strongly urge the House to reject this legislative red tape, and hope that Governor Wolf will make it clear that any law that hamstrings the ability of his Administration to carry out executive functions efficiently and thoughtfully, will be vetoed. The longer the state has to wait to submit a customized plan, the less time Pennsylvania businesses have to adapt to it in a way that can best secure jobs and protect Pennsylvania’s environment.”

For more information, visit DEP’s Oil and Gas Rulemaking webpage.

NewsClips:

Wolf Hails Legislature’s Approval Of New Unconventional Drilling Regs

Legislature Votes To Direct DEP To Re-Draft Conventional Drilling Rules

Legislature Puts Its Stamp On Oil & Gas Regulations

New PA Poll: 40% Strongly Favor, 24% Somewhat Favor EPA Clean Power Climate Plan In PA

Related Stories:

Gov. Wolf Applauds Approval Of Final Unconventional Drilling Regulations

PA Environmental Council: Much Work To Do To Modernize Conventional Drilling Regs

Clean Power Coalition Denounces Action To Stall Climate Change, Gut DEP Drilling Regs

Governor’s Office Reaches Agreement With Senate On Clean Power Plan Bill

6/20/2016