THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY CONKLIN, SIPTROTH, STABACK, BOBACK, MUNDY, PAYTON, GEORGE, READSHAW, GOODMAN, BRADFORD, BELFANTI, DALEY, CALTAGIRONE AND MILNE, SEPTEMBER 2, 2010

REFERRED TO COMMITTEE ON LABOR RELATIONS, SEPTEMBER 2, 2010  

AN ACT

Providing for the establishment of response teams relating to

certain well operations and for the powers and duties of the

Secretary of Labor and Industry.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Faster Action

Safety Team Emergency Response Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Completion."  The date on which a well involved is properly

equipped for the production of oil or gas, goes into production

or, if a well is dry, the date on which the well is abandoned.

"Department."  The Department of Labor and Industry of the

Commonwealth.

"Drilling."  The term includes the drilling or redrilling of

a well or the deepening or expansion of an existing well.

"Exploration."  A drilling effort to obtain information

relating to oil or gas extraction without the intent of

immediate production.

"Operator."  An individual or entity that locates, drills,

operates, alters, directs, controls, supervises, maintains,

plugs or abandons a well or reconditions a well with the purpose

of production.

"Production."  The retrieval of oil or gas from a well.

"Response team."  A team of individuals established by an

operator in accordance with this act, the members of which, at a

minimum:

(1)  are familiar with the operations and equipment of a

well;

(2)  participate at least annually in response training

at a minimum of one well that is operated by the operator and

covered by the response team;

(3)  are trained in basic first aid and CPR training on

an annual basis; and

(4)  will be available with respect to the well involved

not later than one hour by ground travel time after

requested.

"Secretary."  The Secretary of Labor and Industry of the

Commonwealth.

"Well."  A bore hole drilled or being drilled onshore for the

purpose of, or to be used for, producing, extracting or

injecting any gas, petroleum or other liquid related to oil or

gas production or storage, including a hole drilled or being

drilled for exploration. The term does not include a hole that

has been plugged and abandoned.

Section 3.  Response team regulations.

(a)  General rule.--Not later than 18 months after the

effective date of this section, the secretary shall promulgate

regulations, in accordance with this section, relating to

response teams.

(b)  Requirements.--Regulations promulgated under subsection

(a) shall:

(1)  Not be construed to waive operator training

requirements applicable to existing response teams.

(2)  Require that the department establish, and update

every five years thereafter, criteria to certify the

qualifications of response teams.

(3)  Require that the operator of a well:

(i)  During the exploration or drilling phase, or

before the completion phase:

(A)  Have an employee knowledgeable in responding

to emergency situations that may arise at the well

who is employed and present at the well at all times.

(B)  Make available a certified response team.

(ii)  Make available a certified response team during

the production phase.

(4)  Ensure that the following options may be used by an

operator to achieve compliance with the requirements of

paragraph (3) relating to the availability of a response

team:

(i)  Making available a well response team.

(ii)  Making available a multiemployer composite

response team that is made up of team members who are

knowledgeable about the operations of the well and who

train on an annual basis at the well:

(A)  Which provides coverage for multiple

operators that have team members which include at

least two active employees from each of the

operators.

(B)  Which provides coverage for multiple wells

owned by the same operator.

(C)  Which is a State-sponsored response team

that is composed of at least two active employees

from each of the operators.

(iii)  Making available a commercial response team

that is provided for through contract with a third-party

vendor or a response team provided by another operator,

if such team:

(A)  Trains on a quarterly basis at a minimum of

one well operated by the operator who contracted for

the services of the commercial response team.

(B)  Is knowledgeable about the operations of the

wells that are covered under the contract for

services.

(C)  Is composed of individuals with a minimum of

one year well experience that has occurred within the

five-year period preceding their employment on the

contract response team.

(iv)  Making available a State-sponsored response

team made up of State employees.

(5)  Require that an operator of a well:

(i)  Within 15 minutes of the commencement of an

emergency, contact local first responders to inform them

of the emergency.

(ii)  Within one hour of the commencement of an

emergency, contact the department to inform it of the

emergency.

(iii)  Within one hour of the commencement of an

emergency, contact a State response center.

(iv)  Provide communication technology, within a

reasonable distance of the well, that enables the

operator to comply with the regulations under this

paragraph.

(6)  Require that an operator provide annual training to

local first responders responsible for serving the area of

each well operated by the operator, who may be required to

respond to an emergency situation, on the hazards of a well

and proper emergency response techniques.

(7)  Require that an operator file a report, on an annual

basis, with the department that provides detailed information

on the response team assigned to each well of the operator

and affirmatively states that the operator is in compliance

with this act and all regulations promulgated under this act.

Section 4.  Effective date.

This act shall take effect in 60 days.