[HISTORY: Adopted by the County Council of Allegheny County
as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-3-2012 by Ord. No. 7-12]
The following words and phrases when used in this article shall
have the meanings given to them in this section unless the context
clearly indicates otherwise:
Act 13 of 2012.
The Pennsylvania Public Utility Commission.
The County of Allegheny.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania.
The unconventional gas well fee authorized for imposition
under Section 2302 of the Act (relating to unconventional gas well
fee).[1]
A fossil fuel consisting of a mixture of hydrocarbon gases,
primarily methane, and possibly including ethane, propane, butane,
pentane, carbon dioxide, oxygen, nitrogen and hydrogen sulfide and
other gas species. The term includes natural gas from oil fields known
as associated gas or casing head gas, natural gas fields known as
nonassociated gas, coal beds, shale beds and other formations. The
term does not include coal bed methane.
A person or its subsidiary, affiliate or holding company
that holds a permit or other authorization to engage in the business
of severing natural gas for sale, profit or commercial use from an
unconventional gas well in this commonwealth. The term shall not include
a producer that severs natural gas from a site used to store natural
gas that did not originate from the site.
The actual start of drilling of an unconventional gas well.
A geological shale formation existing below the base of the
Elk Sandstone or its geologic equivalent stratigraphic interval where
natural gas generally cannot be produced at economic flow rates or
in economic volumes except by vertical or horizontal well bores stimulated
by hydraulic fracture treatments or by using multilateral well bores
or other techniques to expose more of the formation to the well bore.
A bore hole drilled or being drilled for the purpose of or
to be used for the production of natural gas from an unconventional
formation.
[1]
Editor's Note: See 58 Pa.C.S.A. § 2302.
A.
The County of Allegheny hereby imposes an unconventional gas well
fee on each unconventional gas well spud in this County.
B.
The fee adopted under Subsection A above is imposed on every producer and shall apply to unconventional gas wells spud in this County regardless of when spudding occurred. Unconventional gas wells spud before the fee is imposed shall be considered to be spud in the calendar year prior to the imposition of the fee for purposes of determining the fee under § 790-2 of this article.[1]
A.
The fee herein imposed on unconventional gas wells spud in this County by a producer shall be in the amount as fixed by Subsection (b) of Section 2302 of the Act and as automatically adjusted on an annual basis by the Commission in accordance with Subsection (c) of Section 2302 of the Act.[1]
[1]
Editor's Note: See 58 Pa.C.S.A. § 2302(b) and
(c).
B.
Payments of the unconventional gas well fee shall cease upon certification
to the Department by the producer that an unconventional gas well
has ceased production and has been plugged according to the regulations
established by the Department.
All other provisions set forth Part II, Chapter 23, of the Act
relating to the imposition, payment and administration of an unconventional
gas well fee on unconventional gas wells spud in this County by a
producer, to the extent applicable, are incorporated by reference
in their entirety herein as part of this article.
The County Manager is authorized to request from time to time
a list of all spud unconventional gas wells from the Department.
Pursuant to Subsection (g) of Section 2314 of the Act,[1] all funds received by the County from the distribution
of Act 13 funds shall be used only for the following purposes associated
with natural gas production from unconventional gas wells within the
County:
A.
Construction, reconstruction, maintenance and repair of roadways,
bridges and public infrastructure.
B.
Water, stormwater and sewer systems, including construction, reconstruction,
maintenance and repair.
C.
Emergency preparedness and public safety, including law enforcement
and fire services, hazardous material response, 911, equipment acquisition
and other services.
D.
Environmental programs, including trails, parks and recreation, open
space, floodplain management, conservation districts and agricultural
preservation.
E.
Preservation and reclamation of surface and subsurface waters and
water supplies.
F.
Tax reductions, including homestead exclusions.
G.
Projects to increase the availability of safe and affordable housing
to residents.
H.
Records management, geographic information systems and information
technology.
I.
The delivery of social services.
J.
Judicial services.
K.
For deposit into the County's capital reserve fund if the funds
are used solely for a purpose set forth in this subsection.
L.
Career and technical centers for the training of workers in the oil
and gas industry.
[1]
Editor's Note: See 58 Pa.C.S.A. § 2314(g).
A.
This article shall enter into effect immediately and shall remain
in effect until this article is repealed by County Council or until
Part II, Chapter 23, of the Act either expires in accordance with
Section 2318 of the Act[1] or the Act is repealed by the General Assembly of the
Commonwealth of Pennsylvania.
[1]
Editor's Note: See 58 Pa.C.S.A. § 2318.
B.
Upon final approval, the County Manager shall transmit a copy of
this article to the Department and to the Commission.
