Act 13 (Impact Fee)
Act 13 of 2012 (Impact Fee) was signed into law by Governor Corbett on Feb. 14, 2012. Act 13/Impact Fee amends Title 58 (Oil and Gas) of the Pennsylvania Consolidated Statutes (Act 13 of 2012).
Act 13/Impact Fee provides for the imposition of an unconventional gas well fee (also called an impact fee), and the distribution of those funds to local and state governments. Act 13/Impact Fee also contains provisions regarding how the impact fee may be spent. A significant portion of the funds collected will be distributed directly to local governments to cover the local impacts of drilling. Also, several state agencies will receive funding to be used for a variety of other purposes.
Act 13/Impact Fee specifically provides for the imposition of an unconventional well fee by county (or alternatively municipalities compelling the imposition of an unconventional well fee). A county may impose the fee if unconventional gas wells are located within its borders and it passes an ordinance within 60 days of the effective date of Act 13. A county that does not pass an ordinance imposing a fee shall be prohibited from receiving funds. This prohibition shall remain in effect until a county passes an ordinance imposing a fee.
Under Act 13/Impact Fee, the Pennsylvania Public Utility Commission (PUC) administers the collection and disbursement of the fee. Also, the PUC may review ordinances at the request of a municipality as well as complaints filed by a well owner/operator or a person residing within the municipality who is aggrieved by the enactment or enforcement of a local ordinance. Due to proceedings before the sate courts, the Commission currently is not reviewing local ordinances.
Questions should be sent via email to the Commission’s resource account, ra-Act13@pa.gov, which has been established as a means of communicating with the Commission on informational matters. Interested parties may wish to provide an email, mailing address and telephone number, which the PUC can use to provide you with information in the future.
Interactive Impact Fee Website
Interactive Impact Fee Website – The interactive website allows users to better examine information related to the collection and distribution of the state’s unconventional gas well Impact Fee. The website includes graphical data analysis including the top paying producers, well count breakdowns and top collecting counties and local governments. A user's guide also is available.
FAQs - The PUC has prepared a list of frequently asked questions on Act 13/Impact Fee to assist interested parties.
March 1 - Municipality Approved Budget Report Forms are due. Municipality Approved Budget Report Form
April 1 - Gas producer payment of impact fees are due.
April 15 - Local government Unconventional Gas Well Fund Usage REports are due. Note: Counties receiving only Marcellus Legacy Fund money do not need to file this report. Unconventional Gas Well Fee Report Form
July 1 - Payments due to state agencies and county and municipal governments as directed by the law.
Impact Fee Information
Impact Fee Collection - Link to information on collections.
Impact Fee Distributions to State and Local Governments - Information on the dispursement of the fees.
Local Government Impact Fee Distributions - Link to Information regarding the amount of money distributed to local governments.
Local Government Reporting Requirements - Information on municipalities and counties receiving funds and what they are required to report to the PUC.
Producer Information - Impact Fee information for producers.
Usage Report of UGWF - Information on the use of UGWF funds.
Act 13/Impact Fee PUC Reports
The PUC Unconventional Gas Well Fee Administration Report - Section 2314(h)(1) of Act 13/Impact Fee requires the PUC to submit an annual report to the Senate and House of Representatives Appropriations Committees and Environmental Resources and Energy Committees that includes a listing of all deposits to and expenditures from the fund.
The PUC Unconventional Gas Well Fee Administration Report (PUC Spending) - Under the Act, the PUC received $1 million to administer Act 13/Impact Fee. This outlines the Commission's expenditure of the funds.
PUC Implemenation of Act 13/Impact Fee - For more information on the PUC's implementation of Act 13/Impact Fee, us the Search for Public Documents feature on this page and enter the Docket Number M-2012-2288561 or view the Consolidated Case View.
Explaining Act 13/Impact Fee - This presentation provides additional information regarding the Commission's responsibility to collect and distribute the Impact Fee andthe process for local zoning ordinances.
DEP's Act 13/Impact Fee Information - Link to the Department of Environmental Protection's website regarding their information on Act 13/Impact Fee.