1Amending Title 58 (Oil and Gas) of the Pennsylvania Consolidated
2Statutes, in unconventional gas well fee, further providing
3for definitions and for unconventional gas well fee; 
4providing for State land drilling impact fee; further
5providing for administration, for well information, for
6duties of Department of Environmental Protection, for
7Pennsylvania Public Utility Commission, for enforcement and
8for distribution of unconventional gas well fee; providing
9for fees; establishing the State Lands Drilling Impact
10Mitigation Fund; prohibiting drilling on State lands; further
11providing for expiration of chapter; in development, further
12providing for well permits, for comments by municipalities
13and storage operators, for well location restrictions, for
14protection of water supplies, for well reporting
15requirements, for bonding and for criminal and civil
16penalties; and making editorial changes.

17The General Assembly of the Commonwealth of Pennsylvania
18hereby enacts as follows:

19Section 1. Section 2301 of Title 58 of the Pennsylvania 
20Consolidated Statutes is amended by adding definitions to read:

21§ 2301. Definitions.

22The following words and phrases when used in this chapter
23shall have the meanings given to them in this section unless the
24context clearly indicates otherwise:

1* * *

2"State land." Land owned by the Commonwealth. The term
3includes the following:

4(1) A State park.

5(2) A State game land.

6(3) A State forest.

7(4) Land owned by a State-related university.

8(5) Land under the jurisdiction of any of the following:

9(i) The Department of Transportation.

10(ii) The Department of Education.

11(iii) The Department of General Services.

12"State land drilling impact fee." The State land drilling
13impact fee imposed under section 2302.1 (relating to State land
14drilling impact fee).

15"State park." An area under the jurisdiction of the
16Department of Conservation and Natural Resources acquired or
17administered as a park under section 303 of the act of June 28,
181995 (P.L.89, No.18), known as the Conservation and Natural
19Resources Act, or designated or administered as a park under
20section 302(a)(12) of the Conservation and Natural Resources
21Act. The term includes:

22(1) A State park.

23(2) A State park preserve.

24(3) A parkway.

25(4) A conservation area as defined in 17 Pa. Code § 44.1
26(relating to defined) that is administered and managed by the
27Bureau of State Parks of the Department of Conservation and
28Natural Resources.

29(5) A State park natural area as defined in 17 Pa. Code
30§ 17.2 (relating to State Parks Natural Area definition).

1(6) An environmental education center administered by
2the Bureau of State Parks of the Department of Conservation
3and Natural Resources.

4(7) State park waters under 17 Pa. Code § 11.203
5(relating to State park waters).

6* * *

7Section 2. Section 2302(a.3)(1) and (b)(5) of Title 58 are
8amended to read:

9§ 2302. Unconventional gas well fee.

10* * *

11(a.3) Prohibition.--

12(1) A county subject to this section, in which the
13governing body does not adopt an ordinance imposing an
14unconventional gas well fee within 60 days of the effective
15date of this section, shall be prohibited from receiving
16funds under sections 2314(d)(1) (relating to distribution of
17unconventional gas well fee) and 2315(a.1)(3) and (5)
18(relating to Statewide initiatives).

19* * *

20(b) Components.--The fee adopted under subsection (a), (a.1)
21or (a.4) is imposed on every producer and shall apply to
22unconventional gas wells spud in this Commonwealth regardless of
23when spudding occurred. Unconventional gas wells spud before
24the fee is imposed shall be considered to be spud in the
25calendar year prior to the imposition of the fee for purposes of
26determining the fee under this subsection. Prior to adjustment
27under subsection (c), the impact fee for each unconventional gas
28well on State land shall be determined as follows:

29* * *

30(5) Years 11, 12, 13, 14 and 15 and each year
 

1thereafter:

2(i) If the average annual price of natural gas is
3less than $3.00, the fee shall be $5,000 for the 10th
4through 14th calendar years following the year in which
5the unconventional well is spud.

6(ii) If the average annual price of natural gas is
7greater than $2.99, the fee shall be $10,000 for the 10th
8through 14th calendar years following the year in which
9the unconventional well is spud.

10* * *

11Section 3. Title 58 is amended by adding a section to read:

12§ 2302.1. State land drilling impact fee.

13(a) General rule.--Beginning January 1, 2013, a State land
14drilling impact fee shall be levied on every spud unconventional
15natural gas well located on State land in this Commonwealth and
16on every spud unconventional gas well involving any State land
17in this Commonwealth. The State land drilling impact fee shall
18be levied on these wells regardless of whether the
19unconventional gas well fee in section 2302 (relating to
20unconventional gas well fee) has been levied.

21(b) Components.--The State land drilling impact fee is
22imposed on every producer and shall apply to unconventional gas
23wells that meet the criteria in subsection (a) regardless of
24when spudding occurred. Unconventional gas wells spud before
25the fee is imposed shall be considered to have been spud in the
26calendar year prior to the imposition of the fee for purposes of
27determining the fee under this subsection. The State land
28drilling impact fee for each unconventional gas well shall be
29$200,000.

30(c) Nonproducing unconventional gas wells.--If a spud

1unconventional gas well subject to the fee imposed under this
2section is subsequently capped or does not produce natural gas
3in quantities greater than that of a stripper well within two
4years after paying the initial fee, then the fee shall be
5suspended. The following apply:

6(1) The fee shall be reinstated for a calendar year
7during which the unconventional gas well produces natural gas
8in quantities greater than that of a stripper well.

9(2) Each calendar year during which a fee is suspended
10shall not be considered a calendar year following spud for
11purposes of determining the amount of the fee under
12subsection (b).

13(d) Restimulated unconventional gas wells.--The year in
14which the restimulation occurs shall be considered the first
15year of spudding for purposes of imposing the fee under this
16section.

17(e) Cessation.--Payment of the fee shall cease upon
18certification to the department by the producer that the
19unconventional gas well has ceased production and has been
20plugged according to the regulations established by the
21department.

22(f) Vertical unconventional gas well fee.--The fee for a
23vertical unconventional gas well shall be 80% of the fee
24established in subsections (b) and (c).

25Section 4. Sections 2303(c)(3), 2304(b), 2305(c), 2307(a),
26(b) and (e), 2308(c) and 2314 section heading, (b) and (c.1)
27introductory paragraph of Title 58 are amended to read:

28§ 2303. Administration.

29* * *

30(c) Costs of commission.--

1* * *

2(3) By June 30, 2012, and each June 30 thereafter, the
3commission shall estimate its expenditures for the next
4fiscal year that will be directly attributable to the
5administration and enforcement of this chapter. After
6subtracting any annual administrative charges imposed under
7paragraph (1), amounts received by the commission under
8section 2314(c.1)(2) (relating to distribution of
9unconventional gas well fee) and any amounts collected during
10the prior fiscal year that exceeded actual expenditures
11directly attributable to the administration and enforcement
12of this chapter, the commission shall assess the remaining
13balance on all producers subject to the unconventional gas
14well fee in proportion to the number of wells owned by each
15producer. Producers shall pay the assessments within 30 days
16of the receipt of notice from the commission. The amount of
17the assessment may be challenged by a producer consistent
18with 66 Pa.C.S. § 510(c), (d) and (e). Any collections that
19exceed any of the following shall be used to offset
20administrative charges or assessments for the next fiscal
21year:

22(i) The budget amount approved by the General
23Assembly and the Governor for administration and
24enforcement of this chapter and Chapter 33.

25(ii) Actual expenditures directly attributable to
26the administration and enforcement of this chapter and
27Chapter 33.

28§ 2304. Well information.

29* * *

30(b) Updates.--A producer subject to the [fee] fees under
 

1this chapter shall notify the commission of the following within
230 days after a calendar month in which the change occurs:

3(1) The spudding of an unconventional gas well.

4(1.1) The initiation of production at an unconventional
5gas well.

6(2) The removal of an unconventional gas well from
7production.

8§ 2305. Duties of department.

9* * *

10(c) Payment of fees.--The commission shall provide the
11department with information necessary to determine that the
12producer has paid all unconventional gas well fees owed for an
13unconventional gas well under [section] sections 2302[.] and
142302.1 (relating to State land drilling impact fee).

15§ 2307. Commission.

16(a) Powers.--The commission shall have the authority to make
17all inquiries and determinations necessary to calculate and
18collect the [fee] fees, administrative charges or assessments
19imposed under this chapter, including, if applicable, interest
20and penalties.

21(b) Notice.--If the commission determines that [the] an
22unconventional gas well fee has not been paid in full, it may
23issue a notice of the amount due and demand for payment and
24shall set forth the basis for the determination.

25* * *

26(e) Intent.--If no report is filed or a producer files a
27false or fraudulent report with the intent to evade [the] a fee,
28an assessment of the amount owed may be made at any time.

29§ 2308. Enforcement.

30* * *

1(c) Timely payment.--If the commission determines that a
2producer has not made a timely payment of [the] a fee, the
3commission shall send written notice of the amount of the
4deficiency to the producer within 30 days from the date of
5determining the deficiency. The commission shall notify the
6department of a producer that has failed to pay the fee for any
7unconventional gas well under section 2302 (relating to
8unconventional gas well fee). If the producer does not have a
9pending appeal related to payment of the fee in process, the
10department shall suspend the permit for that well until the fee
11has been paid.

12* * *

13§ 2314. Distribution of unconventional gas well fee.

14* * *

15(b) Deposit.--All fees imposed and collected under [this
16chapter] section 2302 (relating to unconventional gas well fee)
17shall be deposited into the fund and are hereby appropriated for
18the purpose set forth in this section.

19* * *

20(c.1) Additional distributions.--From fees collected under
21[this chapter] section 2302 and deposited in the fund for 2011
22and each year thereafter:

23* * *

24Section 5. Title 58 is amended by adding a section to read:

25§ 2314.1. Distribution of State land drilling impact fee.

26(a) Establishment.--There is established a fund in the State
27Treasury to be known as the State Land Drilling Impact
28Mitigation Fund to be administered by the Department of
29Conservation and Natural Resources.

30(b) Deposit.--All fees imposed and collected under section

12302.1 (relating to State land drilling impact fee) shall be
2deposited into the fund and are hereby appropriated on a
3continuing basis for the purpose set forth in this section.

4(c) Use of fund.--The Department of Conservation and Natural
5Resources shall use the money in the fund as follows:

6(1) To mitigate damage to State land caused by drilling
7or activity related to drilling.

8(2) To acquire replacement land and buffers.

9(3) To purchase the rights to gas and minerals under
10State land.

11(4) To take any other action it deems necessary to
12avoid, minimize or mitigate the impact of gas exploration on
13State land.

14(5) To preserve the environmental, recreational,
15cultural and aesthetic values of State lands that are
16impacted by gas drilling.

17(d) Administrative expense limitation.--No more than 5% of
18the moneys collected under section 2302.1 shall be used by the
19Department of Conservation and Natural Resources for
20administrative expenses, including expenses necessary to fulfill
21the purposes of this section.

22(e) Definition.--As used in this section, the term "fund"
23means the State Land Drilling Impact Mitigation Fund.

24Section 6. Section 2315(a.1) introductory paragraph of Title
2558 is amended to read:

26§ 2315. Statewide initiatives.

27* * *

28(a.1) Deposit and distribution.--Following distribution
29under section 2314(c), (c.1) and (c.2) (relating to distribution
30of unconventional gas well fee) from fees collected for 2011 and

1each year thereafter, 40% of the remaining revenue in the fund
2shall be deposited into the Marcellus Legacy Fund and
3appropriated to the commission and distributed within three
4months after the date the fee is due as follows:

5* * *

6Section 7. Title 58 is amended by adding a section to read:

7§ 2316.1. State land drilling prohibited.

8A producer may not drill an unconventional gas well on any
9tract or parcel of land located in this Commonwealth in which
10the mineral rights in the tract or parcel of land are owned by
11the Commonwealth.

12Section 8. Sections 2318(b) and 2702(a) of Title 58 are
13amended to read:

14§ 2318. Expiration.

15* * *

16(b) Date.--[This] The provisions of this chapter pertaining 
17to the unconventional gas well fee shall expire on the date of
18the publication of the notice under subsection (a).

19§ 2702. Assistance.

20(a) Funding.--Grants under this chapter shall be made from
21amounts deposited in the Marcellus Legacy Fund under section
222314(c.2) (relating to distribution of unconventional gas well 
23fee).

24* * *

25Section 9. Sections 3211(b), 3212.1(a.1) and (b), 3215(a), 
26(b) and (d), 3218(c) and (d), 3222(b.2), 3225(a)(1), 3255(a) and 
27(b) and 3256 of Title 58 are amended to read:

28§ 3211. Well permits.

29* * *

30(b) Plat.--

1(1) The permit application shall be accompanied by a
2plat prepared by a competent engineer or a competent
3surveyor, on forms furnished by the department, showing the
4political subdivision and county in which the tract of land
5upon which the well to be drilled, operated or altered is
6located; a list of municipalities adjacent to the well site;
7the name of the surface landowner of record and lessor; the
8name of all surface landowners and water purveyors whose
9water supplies are within 1,000 feet of the proposed well
10location or, in the case of an unconventional well, within
11[3,000] 4,200 feet from the vertical well bore; the name of
12the owner of record or operator of all known underlying
13workable coal seams; the acreage in the tract to be drilled;
14the proposed location of the well determined by survey,
15courses and distances of the location from two or more
16permanent identifiable points or landmarks on the tract
17boundary corners; the proposed angle and direction of the
18well if the well is to be deviated substantially from a
19vertical course; the number or other identification to be
20given the well; the workable coal seams underlying the tract
21of land upon which the well is to be drilled or altered and
22which shall be cased off under section 3217 (relating to
23protection of fresh groundwater and casing requirements); and
24any other information needed by the department to administer
25this chapter.

26(2) The applicant shall forward by certified mail a copy
27of the plat to the surface landowner; the municipality in
28which the tract of land upon which the well to be drilled is
29located; each municipality within [3,000] 4,200 feet of the
30proposed unconventional vertical well bore; the

1municipalities adjacent to the well; all surface landowners
2and water purveyors, whose water supplies are within 1,000
3feet of the proposed well location or, in the case of an
4unconventional well, within [3,000] 4,200 feet of the
5proposed unconventional vertical well bore; storage operators
6within [3,000] 4,200 feet of the proposed unconventional
7vertical well bore; the owner and lessee of any coal seams;
8and each coal operator required to be identified on the well
9permit application.

10* * *

11§ 3212.1. Comments by municipalities and storage operators.

12* * *

13(a.1) Storage operators.--A storage operator located within
14[3,000] 4,200 feet of a proposed unconventional vertical well
15bore may submit written comments to the department describing
16circumstances which the storage operator has determined should
17be considered by the department in rendering its determination
18on the unconventional well permit. A comment under this
19subsection must be submitted to the department within 15 days of
20the receipt of the plat under section 3211(b). The storage
21operator shall simultaneously forward a copy of its comments to
22the permit applicant and all other parties entitled to a copy of
23the plat under section 3211(b), who may submit a written
24response. A written response must be submitted to the department
25within ten days of receipt of the comments of the storage
26operator.

27(b) Consideration by department.--Comments and responses
28under subsections (a) and (a.1) [may] shall be considered by the
29department in accordance with section 3215(d) (relating to well
30location restrictions).

1* * *

2§ 3215. Well location restrictions.

3(a) General rule.--Wells may not be drilled within 200 feet,
4or, in the case of an unconventional gas well, [500] 1,200 feet,
5measured horizontally from the vertical well bore to a building
6or water well, existing when the copy of the plat is mailed as
7required by section 3211(b) (relating to well permits) without
8written consent of the owner of the building or water well.
9Unconventional gas wells may not be drilled within [1,000] 3,000
10feet measured horizontally from the vertical well bore to any
11existing water well, surface water intake, reservoir or other
12water supply extraction point used by a water purveyor without
13the written consent of the water purveyor. [If consent is not
14obtained and the distance restriction would deprive the owner of
15the oil and gas rights of the right to produce or share in the
16oil or gas underlying the surface tract, the well operator shall
17be granted a variance from the distance restriction upon
18submission of a plan identifying the additional measures,
19facilities or practices as prescribed by the department to be
20employed during well site construction, drilling and operations.
21The variance shall include additional terms and conditions
22required by the department to ensure safety and protection of
23affected persons and property, including insurance, bonding,
24indemnification and technical requirements. Notwithstanding
25section 3211(e), if a variance request has been submitted, the
26department may extend its permit review period for up to 15 days
27upon notification to the applicant of the reasons for the
28extension.]

29(b) Limitation.--

30(1) No well site may be prepared or well drilled within

1100 feet or, in the case of an unconventional well, [300] 420
2feet from the vertical well bore or [100] 200 feet from the
3edge of the well site, whichever is greater, measured
4horizontally from any solid blue lined stream, spring or body
5of water as identified on the most current 7 1/2 minute
6topographic quadrangle map of the United States Geological
7Survey.

8(2) The edge of the disturbed area associated with any
9unconventional well site must maintain a [100-foot] 300-foot
10setback from the edge of any solid blue lined stream, spring
11or body of water as identified on the most current 7 1/2
12minute topographic quadrangle map of the United States
13Geological Survey.

14(3) No unconventional well may be drilled within 300
15feet of any wetlands greater than one acre in size, and the
16edge of the disturbed area of any well site must maintain a
17[100-foot] 300-foot setback from the boundary of the
18wetlands.

19[(4) The department shall waive the distance
20restrictions upon submission of a plan identifying additional
21measures, facilities or practices to be employed during well
22site construction, drilling and operations necessary to
23protect the waters of this Commonwealth. The waiver, if
24granted, shall include additional terms and conditions
25required by the department necessary to protect the waters of
26this Commonwealth. Notwithstanding section 3211(e), if a
27waiver request has been submitted, the department may extend
28its permit review period for up to 15 days upon notification
29to the applicant of the reasons for the extension.]

30* * *

1(d) Consideration of municipality and storage operator
2comments.--The department [may] shall consider the comments
3submitted under section 3212.1 (relating to comments by
4municipalities and storage operators) in making a determination
5on a well permit. [Notwithstanding any other law, no
6municipality or storage operator shall have a right of appeal or
7other form of review from the department's decision.]

8* * *

9§ 3218. Protection of water supplies.

10* * *

11(c) Presumption.--Unless rebutted by a defense established
12in subsection (d), it shall be presumed that a well operator is
13responsible for pollution of a water supply if:

14(1) except as set forth in paragraph (2):

15(i) the water supply is within 1,000 feet of an oil
16or gas well; and

17(ii) the pollution occurred within six months after
18completion of drilling or alteration of the oil or gas
19well; or

20(2) in the case of an unconventional well:

21(i) the water supply is within [2,500] 4,200 feet of
22the unconventional vertical well bore; and

23(ii) the pollution occurred within 12 months of the
24later of completion, drilling, stimulation or alteration
25of the unconventional well.

26* * *

27(d) Defenses.--To rebut the presumption established under
28subsection (c), a well operator must affirmatively prove any of
29the following:

30(1) except as set forth in paragraph (2):

1(i) the pollution existed prior to the drilling or
2alteration activity as determined by a predrilling or
3prealteration survey;

4(ii) the landowner or water purveyor refused to
5allow the operator access to conduct a predrilling or
6prealteration survey;

7(iii) the water supply is not within 1,000 feet of
8the well;

9(iv) the pollution occurred more than six months
10after completion of drilling or alteration activities;
11and

12(v) the pollution occurred as the result of a cause
13other than the drilling or alteration activity; or

14(2) in the case of an unconventional well:

15(i) the pollution existed prior to the drilling,
16stimulation or alteration activity as determined by a
17predrilling or prealteration survey;

18(ii) the landowner or water purveyor refused to
19allow the operator access to conduct a predrilling or
20prealteration survey;

21(iii) the water supply is not within [2,500] 4,200
22feet of the unconventional vertical well bore;

23(iv) the pollution occurred more than 12 months
24after completion of drilling or alteration activities; or

25(v) the pollution occurred as the result of a cause
26other than the drilling or alteration activity.

27* * *

28§ 3222. Well reporting requirements.

29* * *

30[(b.2) Trade secret or confidential proprietary
 

1information.--When an operator submits its stimulation record 
2under subsection (b.1), the operator may designate specific 
3portions of the stimulation record as containing a trade secret 
4or confidential proprietary information. The department shall 
5prevent disclosure of a designated trade secret or confidential 
6proprietary information to the extent permitted by the act of 
7February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law 
8or other applicable State law.]

9* * *

10§ 3225. Bonding.

11(a) General rule.--The following shall apply:

12(1) Except as provided in subsection (d), upon filing an
13application for a well permit and before continuing to
14operate an oil or gas well, the owner or operator of the well
15shall file with the department a bond covering the well and
16well site on a form to be prescribed and furnished by the
17department. A bond filed with an application for a well
18permit shall be payable to the Commonwealth and conditioned
19upon the operator's faithful performance of all drilling,
20water supply replacement, restoration and plugging
21requirements of this chapter. A bond for a well in existence
22on April 18, 1985, shall be payable to the Commonwealth and
23conditioned upon the operator's faithful performance of all
24water supply replacement, restoration and plugging
25requirements of this chapter. The amount of the bond required
26shall be in the following amounts and may be adjusted by the
27Environmental Quality Board every two years to reflect the
28projected costs to the Commonwealth of plugging the well:

29(i) For wells with a total well bore length less
30than 6,000 feet:

1(A) For operating up to 50 wells, $4,000 per
2well, but no bond may be required under this clause
3in excess of $35,000.

4(B) For operating 51 to 150 wells, $35,000 plus
5$4,000 per well for each well in excess of 50 wells,
6but no bond may be required under this clause in
7excess of $60,000.

8(C) For operating 151 to 250 wells, $60,000 plus
9$4,000 per well for each well in excess of 150 wells,
10but no bond may be required under this clause in
11excess of $100,000.

12(D) For operating more than 250 wells, $100,000
13plus $4,000 per well for each well in excess of 250
14wells, but no bond may be required under this clause
15in excess of $250,000.

16(ii) For wells with a total well bore length of at
17least 6,000 feet:

18(A) For operating up to 25 wells, [$10,000]
19$20,000 per well, but no bond may be required under
20this clause in excess of [$140,000] $280,000.

21(B) For operating 26 to 50 wells, [$140,000]
22$280,000 plus [$10,000] $20,000 per well for each
23well in excess of 25 wells, but no bond may be
24required under this clause in excess of [$290,000]
25$580,000.

26(C) For operating 51 to 150 wells, [$290,000]
27$580,000 plus [$10,000] $20,000 per well for each
28well in excess of 50 wells, but no bond may be
29required under this clause in excess of [$430,000]
30$860,000.

1(D) For operating more than 150 wells,
2[$430,000] $860,000 plus [$10,000] $20,000 per well
3for each well in excess of 150 wells, but no bond may
4be required under this clause in excess of [$600,000]
5$1,200,000.

6* * *

7§ 3255. Penalties.

8(a) General violation.--A person violating a provision of
9this chapter commits a summary offense and, upon conviction,
10shall be sentenced to pay a fine of not more than [$1,000]
11$5,000 or to imprisonment of not more than 90 days, or both.
12Each day during which the violation continues is a separate and
13distinct offense.

14(b) Willful violation.--A person willfully violating a
15provision of this chapter or an order of the department issued
16under this chapter commits a misdemeanor and, upon conviction,
17shall be sentenced to pay a fine of not more than [$5,000]
18$10,000 or to imprisonment of not more than one year, or both.
19Each day during which the violation continues is a separate and
20distinct offense.

21* * *

22§ 3256. Civil penalties.

23In addition to other remedies available at law or in equity 
24for a violation of this chapter, a regulation of the department, 
25a departmental order or a permit condition, the department, 
26after a hearing, may assess a civil penalty regardless of 
27whether the violation was willful. The penalty shall not exceed 
28[$25,000] $50,000 plus [$1,000] $2,000 for each day during which 
29the violation continues or, in the case of a violation arising 
30from the construction, alteration or operation of an
 

1unconventional well, [$75,000] $100,000 plus [$5,000] $10,000 
2for each day during which the violation continues. In 
3determining the amount, the department shall consider 
4willfulness of the violation, damage or injury to natural 
5resources of this Commonwealth or their uses, endangerment of 
6safety of others, the cost of remedying the harm, savings 
7resulting to the violator as a result of the violation and any 
8other relevant factor. When the department proposes to assess a 
9civil penalty, it shall notify the person of the proposed amount 
10of the penalty. The person charged with the penalty must, within 
1130 days of notification, pay the proposed penalty in full or 
12file an appeal of the assessment with the Environmental Hearing 
13Board. Failure to comply with the time period under this section 
14shall result in a waiver of all legal rights to contest the 
15violation or the amount of the penalty. The civil penalty shall 
16be payable to the Commonwealth and collectible in any manner 
17provided at law for collection of debts. If a violator neglects 
18or refuses to pay the penalty after demand, the amount, together 
19with interest and costs that may accrue, shall become a lien in 
20favor of the Commonwealth on the real and personal property of 
21the violator, but only after the lien has been entered and 
22docketed of record by the prothonotary of the county where the 
23property is situated. The department may transmit to the 
24prothonotaries of the various counties certified copies of all 
25liens. It shall be the duty of each prothonotary to enter and 
26docket the liens of record in the prothonotary's office and 
27index them as judgments are indexed, without requiring payment 
28of costs as a condition precedent to entry.

29Section 10. This act shall take effect in 60 days.