By-Lined Article
Pending Gas-Drilling Legislation in Pennsylvania
By David M. DeSalle and Lou Crocco
June 23, 2010
Duane Morris LLP
Following is a list of legislation currently before the Pennsylvania General Assembly related to the natural gas-drilling industry in Pennsylvania. For a more detailed analysis of the legislation, please contact Lou Crocco.
- H.B. 786: Establishes the State Energy Office.
Final House Passage: June 23, 2009.
Now in the Senate Environmental Resources and Energy Committee. - H.B. 984: Provides for split-off, separation or transfer; and also provides for removal of land from preferential assessment.
Final House Passage: June 23, 2009.
Now in the Senate Agriculture and Rural Affairs Committee. - H.B. 1128: Provides for civil penalties for gas-pipeline safety violations.
Final House passage: June 2, 2009.
Now in Consumer Protection and Professional Licensure Committee. - H.B. 1155: Provides for duties of oil and gas well operators, for notice of operations and surface use and compensation agreement, for entry without surface use and compensation agreement, for restriction on issuance of permits for wells, for attorneys' fees and costs, and for emergency situations.
Recommitted to House Appropriations Committee: September 11, 2009. - H.B. 1205: Amends the act of December 19, 1984, known as the Oil and Gas Act, in general requirements, further providing for protection of water supplies.
Recommitted to House Appropriations Committee: July 9, 2009. - H.B. 1489: Imposes a tax on the extraction of natural gas; provides for natural-gas severance-registration certificate, duties of the Department of Revenue, tax assessments and tax liens; imposes penalties; provides for service of process, rulemaking, cooperation with other governments and bonds; and makes an appropriation.
Recommitted to House Environmental Resources and Energy Committee: November 10, 2009. - H.B. 2213: Amends the Oil and Gas Act, further providing for definitions, for well permits, for well location restrictions, for protection of fresh groundwater and casing requirements and for protection of water supplies; providing for hydraulic-fracturing chemicals and surface impoundments, for hydraulic-fracture fluids monitoring and for use of surface impoundments for temporary flowback storage; and further providing for bonding, for enforcement orders, for penalties, for civil penalties, for well-plugging funds and for local ordinances.
Recommitted to House Appropriations Committee: May 26, 2010. - H.B. 2214: Amends "An act regulating the terms and conditions of certain leases regarding natural gas and oil," further providing for guarantee of minimum royalties and for escalation of royalties.
Recommitted to House Appropriations Committee: May 26, 2010. - H.B. 2235: Provides for a moratorium on leasing state forest lands for the purposes of natural gas exploration, drilling or production; imposing duties on the Department of Conservation and Natural Resources; and providing for report contents and for Legislative Budget and Finance Committee study.
Final House passage: May 4, 2010. Now in Senate Environmental Resources and Energy Committee. - S.B. 275: Establishes the Coal Bed Methane Review Board to resolve disputes between property owners over the location of coal-bed methane wells and access roads.
Final Senate passage: April 28, 2009. Now in the House Environmental Resources and Energy Committee. - S.B. 490: Amends "An act requiring rents and royalties from oil and gas leases of Commonwealth land to be placed in a special fund to be used for conservation, recreation, dams, and flood control; authorizing the Secretary of Forests and Waters to determine the need for and location of such projects and to acquire the necessary land," providing for an interfund transfer, making appropriations from the Oil and Gas Lease Fund, authorizing an expenditure and making editorial changes.
Final Senate passage: March 25, 2009. Now in the House Environmental Resources & Energy Committee. - S.B. 974: Amends the act of June 28, 1995, known as the Conservation and Natural Resources Act, providing for continuation of lease agreements.
Final Senate passage: September 9, 2009.
Now in the House Environmental Resources and Energy Committee.
David M. DeSalle is a partner of Duane Morris LLP, practicing in the area of energy law. Mr. DeSalle advises clients on a variety of transactional and regulatory issues and also represents clients before state and federal courts and regulatory agencies.
Lou Crocco is a managing director of Duane Morris Government Affairs LLC. He is a former legislative leadership staffer in the Pennsylvania House of Representatives. He works as a lobbyist-consultant at DMGA, representing clients both in Pennsylvania and Washington, D.C.
