Rep. Baker Unveils Marcellus Shale Legislation

Rep. Matt Baker (R-Tioga) Tuesday said he is developing legislation to amend the Pennsylvania Oil and Gas Act to reflect some of the recommendations contained in the report.
           The 30-member Marcellus Shale Commission spent several months and hundreds of man hours gathering information that ended up in the 137-page report. Within the document were nearly 100 recommendations that focused heavily on environmental and safety issues.
            As a member whose legislative district is in the heart of Marcellus Shale territory, Rep. Baker has been following the progress of the commission closely and agrees with many aspects of the final report that clearly shows a need to update the state's Oil and Gas law to keep up with the growth of the industry.
            "When the Oil and Gas Act was signed into law back in 1984, accessing areas such as the Marcellus Shale formation were not necessarily contemplated and neither were the technologies that are now available," said Rep. Baker. "That being said, I think now is the time to engage in legislation that updates the Oil and Gas Act to reflect today's industry methodology."
            Proposed changes to the Pennsylvania Oil and Gas Act contained in Rep. Baker's legislation include:
-- Extending the operator's presumptive liability from 1,000 to 2,500 feet and extending the time frame for when the damage was to have occurred from six months to 12 months;
-- Requiring operators to provide notice and a copy of the plat plan to the property owner, the host municipality or any municipality within 2,500 feet of the proposed well;
-- Requiring the operator to indicate on its plat plan the location of the well, well site and access roads;
-- Increasing the mandatory distance restriction between a natural gas well and private water wells; public water supply; and streams, ponds and other bodies of water;
-- Requiring comprehensive tracking of hydraulic fracturing waste from water withdrawal to disposal at high-volume wells;
-- Increasing penalties for violations by well operators;
-- Increasing the civil and criminal penalties currently in the Oil and Gas Act;
-- Providing the Department of Environmental Protection with the authority to enter into contracts with well control specialists to provide proper response in the event of a well control emergency;
-- Holding harmless well control specialists from damages arising from their emergency well control actions, unless proven the action was due to negligence; and
-- Requiring DEP to post and provide regular updates of well inspection reports through an Internet-based reporting system.
            "These updates, inspired by the commission's report, make the most sense for updating the Oil and Gas Act and making sure that our environmental resources are adequately protected and appropriate safety protocols are put in place," said Rep. Baker. "The updates also reflect a greater accountability for all parties involved in the natural gas drilling and permitting process."
            Rep. Baker's legislation is currently being circulated for member support and will be formally introduced in the near future.


8/1/2011

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