(3) The qualified well plugger has submitted a complete
plugging certificate, prepared and signed, on a form
furnished by the department, by two experienced and qualified
individuals who participated in the work and specified the
time and manner in which the well was plugged.
(4) The qualified well plugger has submitted adequate
documentation of the cost for the plugging of an orphan well.
(5) The qualified well plugger has submitted any other
information or document necessary for compliance with the
Federal Orphaned Well Site Plugging, Remediation and
Restoration Program.
(g) Amount of grant.--The amount of the grant awarded under
subsection (f) shall be the sum of the amounts under section
2822 (relating to grants) for which the qualified well plugger
is approved under subsection (e). If the qualified well plugger
encounters unusual technical difficulties due to the condition
of an orphan well, the department may[, upon awarding the grant,
reimburse the qualified well plugger with an additional grant
amount.], in its discretion, amend the grant award to cover the
additional cost, if provided with adequate documentation of
those unexpected additional costs. The additional grant amount
under this subsection shall not exceed the amount of the grant
for a specific orphan well. The department may not award the
additional grant amount under this subsection to a qualified
well operator without receiving an adequate proof of cost from
the qualified well plugger.
(h) Civil immunity.--A person who voluntarily provides
equipment, materials, resources or services for plugging an
orphan well in accordance with this subchapter shall be immune
from civil liability other than injury or damage resulting from
gross negligence or willful misconduct. The person may raise the
civil immunity protections specified in this subsection in a
legal proceeding brought to enforce the environmental laws of
this Commonwealth or otherwise impose civil liability.
§ 3271. Well plugging funds.
* * *
(c) Orphan Well Plugging Fund.--The following shall apply:
(1) A restricted revenue account to be known as the
Orphan Well Plugging Fund is created. A $100 surcharge for
wells to be drilled for oil production and a $200 surcharge
for wells to be drilled for gas production are added to the
permit fee established by the department under section 3211
for new wells. The surcharges [and amounts deposited under
section 2811(a)(1) (relating to allocation of funding)] shall
be placed in the Orphan Well Plugging Fund and expended by
the department to plug orphan wells. If an operator
rehabilitates a well abandoned by another operator or an
orphan well, the permit fee and the surcharge for the well
shall be waived.
* * *
Section 3. Title 58 is amended by adding a section to read:
2022/90MAB/HB2528A05827 - 5 -
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