In February 8, 2012, legislation containing the Marcellus Shale impact fee was sent to Governor Corbett for his expected signature.  The enactment of the impact fee ends several years of debate and contention surrounding the generation of revenues from Marcellus Shale natural gas.

The legislation allows counties that contain “unconventional gas wells” (like those contained in the Marcellus Shale region) to enact an “unconventional gas well fee.”  A county wishing to do so must do so within 60 days of the enactment of the legislation.  If a county neglects to enact the fee, a majority of municipalities within the county may vote to override the county’s decision and impose a fee.

If enacted, a fee is imposed on every unconventional gas well in a county, regardless of when those unconventional gas wells were drilled.  For purposes of the legislation, all existing wells at the time of the enactment of the legislation are deemed to have been drilled in the year prior to enactment.  The fees to be imposed vary depending upon the annual average price of natural gas (subject to adjustment depending on changes in the Consumer Price Index).

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