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Click here for the most recent legislative actions
June 2, 2011
This week saw committee action on both House and Senate Marcellus related bills as wells a procedural debate on the House floor initiated by an attempt to bring HB 33 (Vitali), severance tax, to the floor. The Senate Agriculture Committee advanced HB 144 (Pickett). The bill changes the trigger mechanism in the Clean & Green Law from the “approval of a well site restoration report” to the due date of a “well production report.” The Senate Veterans Affairs & Emergency Preparedness Committee reported SB 955 (Baker). The bill The bill would require DEP and PEMA to develop regulations to provide for adoption, posting and registration for a unique GPS coordinate address for each well and would also require oil and gas companies to develop and file emergency response plans with DEP, PEMA and the local emergency management organization that has jurisdiction over the well. An adopted amendment clarifies that emergency information must be posted both at the well site and across the road entrance; that emergency plans must be submitted to the county emergency management agencies; and that the bill’s provisions govern both new and existing well sites.
Now comes the part where I try to explain the procedural and parliamentary maneuvers attempted or made on the Vitali severance tax bill, HB 33. That bill was introduced and referred to the House Finance Committee. Representative Vitali filed a discharge resolution which would force the bill out of committee to the floor. The day before the triggering of the discharge resolution the Finance Committee voted 15 to 9 along party lines to refer the bill to the Environmental Resources and Energy Committee. The committee’s action is subject to approval by the House which in most cases is by voice vote and is not contested. In this case, Representative Vitali requested a roll call vote. In a somewhat surprising move, all republicans and democrats voted to reject the report of the finance committee and the bill was sent back to House Finance. Representative Vitali argued that since the bill remained in the Finance Committee his discharge resolution was still in order. Speaker Sam Smith ruled that the house had taken action on the bill and a new discharge resolution would need to be filed. Vitali appealed the ruling of the chair. His appeal failed by a vote of 113 to 86.
HB 1565 (George) This bill adds compliance with the Land Recycling and Environmental Remediation Standards Act. The bill also establishes notification requirements in the event of contamination. Testing of water and equipment used to transport it are required for the presence of certain chemicals. Facilities that possesses or are seeking an NPDES permit must also perform a chemical analysis. The Department of Environmental Protection must also establish an electronic wastewater tracking system.
HB 1594 (Reed) This bill clarifies that notification requirements include all surface landowners and water purveyors within 1,000 feet of the proposed well. To read the co-sponsorship memo, click here.
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