APPENDIX TO TITLE 58

OIL AND GAS

Supplementary Provisions of Amendatory Statutes

2012, FEBRUARY 14, P.L.87, NO.13

§ 2. Fiscal year 2011-2012 appropriation.

For fiscal year 2011-2012, $250,000 is appropriated from the General Fund to the Pennsylvania Public Utility Commission for costs associated with implementation of this act.

Explanatory Note. Act 13 added Parts I, II and III of Title 58.

§ 4. Continuation of prior law.

The addition of 58 Pa.C.S. Ch. 32 and 58 Pa.C.S. § 3302 is a continuation of the act of December 19, 1984 (P.L.1140, No.223), known as the Oil and Gas Act. The following apply:

(1) Except as otherwise provided in 58 Pa.C.S. Ch. 32 or 33, all activities initiated under the Oil and Gas Act shall continue and remain in full force and effect and may be completed under 58 Pa.C.S. Chs. 32 and 33. Orders, regulations, rules and decisions which were made under the Oil and Gas Act and which are in effect on the effective date of section 3(2) of this act shall remain in full force and effect until revoked, vacated or modified under 58 Pa.C.S. Ch. 32 or 33. Except as provided in 58 Pa.C.S. Ch. 35, contracts, obligations and collective bargaining agreements entered into under the Oil and Gas Act are not affected nor impaired by the repeal of the Oil and Gas Act.

(2) Except as set forth in paragraph (3), any difference in language between 58 Pa.C.S. Ch. 32 and the Oil and Gas Act is intended only to conform to the style of the Pennsylvania Consolidated Statutes and is not intended to change or affect the legislative intent, judicial construction or administration and implementation of the Oil and Gas Act.

(3) Paragraph (2) does not apply to the addition of the following provisions of 58 Pa.C.S.:

(i) Section 3203.

(ii) Section 3211.

(iii) Section 3212.1.

(iv) Section 3215.

(v) Section 3216.

(vi) Section 3218.

(vii) Section 3218.1.

(viii) Section 3218.2.

(ix) Section 3218.3.

(x) Section 3218.4.

(xi) Section 3218.5.

(xii) Section 3219.1.

(xiii) Section 3222.

(xiv) Section 3222.1.

(xv) Section 3225.

(xvi) Section 3227.

(xvii) Section 3252.

(xviii) Section 3253.

(xix) Section 3254.1.

(xx) Section 3255.

(xxi) Section 3256.

(xxii) Section 3258.

(xxiii) Section 3261.

(xxiv) Section 3262.

(4) Any difference in language between 58 Pa.C.S. § 3302 and section 602 of the Oil and Gas Act is intended only to conform to the style of the Pennsylvania Consolidated Statutes and is not intended to change or affect the legislative intent, judicial construction or administration and implementation of section 602 of the Oil and Gas Act.

§ 5. Application of law.

The addition of 58 Pa.C.S. Ch. 23 shall apply to all oil and gas deposits and oil and gas development activities and operations subject to the jurisdiction of the Commonwealth. With respect to oil and gas deposits on national forest lands identified under section 17(o) of the Mineral Leasing Act (106 Stat. 3108, 30 U.S.C. § 226(o)), the application of regulations and statutes adopted by the Commonwealth shall be the exclusive method and means by which any requirements may be imposed on any feature, aspect or process of oil and gas operations pertaining to the development of the deposits.

§ 6. Legislative intent.

It is not the intent of the General Assembly to change, repeal or otherwise affect any of the provisions of the act of December 18, 1984 (P.L.1069, No.214), known as the Coal and Gas Resource Coordination Act, or to change, repeal or otherwise affect any of the provisions of the act of May 13, 2011 (P.L.7, No.2), entitled "An act amending the act of December 18, 1984 (P.L.1069, No.214), entitled 'An act requiring coordination of coal mine and gas well operators; authorizing Department of Environmental Resources enforcement powers; and providing penalties,' further providing for definitions, for permits, for permit application, for minimum distance between gas wells, for well class designation and for coordination of gas well drilling through active coal mines; providing for a pillar support study; and further providing for plugging gas wells penetrating workable coal seams, for penalties and for validity of other laws," which amended the Coal and Gas Resource Coordination Act.

§ 7. Department of Transportation statement of policy.

Within 90 days of the effective date of this section, the Department of Transportation shall issue a statement of policy, effective upon publication in the Pennsylvania Bulletin, adopting an appropriate methodology to provide letters of local determination that identify particular vehicles, routes or uses as local in nature. The Department of Transportation may determine that hauling related to unconventional oil and gas development is excluded from local traffic status based on its disproportionate and qualitatively different impact upon highways and bridges. The methodology shall allow for exemptions from 67 Pa. Code Ch. 189 (relating to hauling in excess of posted weight limit) related to at-risk industry sectors in this Commonwealth that have experienced a 20% or more decline in Statewide employment since 2002 or that demonstrate other evidence of economic decline as determined by the department in consultation with the Department of Labor and Industry. The exemptions and related requirements shall remain in existence until December 31, 2015.

§ 8. Pipeline placement for natural gas.

The Energy Executive of the Governor shall consult with the Department of Environmental Protection, the Pennsylvania Public Utility Commission, State legislators, local government organizations, natural gas industry representatives, conservationists and other affected entities on the issue of pipeline placement for natural gas gathering lines in this Commonwealth. The Energy Executive of the Governor shall submit a report summarizing pipeline placement for natural gas gathering lines and make his recommendations to the General Assembly within one year of the effective date of this section.