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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY BREWSTER, COSTA, HUGHES, SCHWANK AND FONTANA, OCTOBER 12, 2011 |
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| REFERRED TO LABOR AND INDUSTRY, OCTOBER 12, 2011 |
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| AN ACT |
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1 | Providing for Marcellus Shale unconventional well job training |
2 | and certification; and imposing duties on the Department of |
3 | Labor and Industry. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Short title. |
7 | This act shall be known and may be cited as the Marcellus |
8 | Shale Unconventional Well Job Training and Certification Act. |
9 | Section 2. Findings and legislative intent. |
10 | The General Assembly finds and declares as follows: |
11 | (1) The development of technologies to extract natural |
12 | gas from the Marcellus Shale formation in this Commonwealth |
13 | has opened opportunities for job growth in this Commonwealth. |
14 | (2) Because the extraction of natural gas from the |
15 | Marcellus Shale formation is a complicated extraction process |
16 | that utilizes unconventional well technology and practices |
17 | that involve the drilling of horizontal well bores and the |
18 | use of treated water at high pressure to fracture the rock |
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1 | and free the natural gas, training and certification of |
2 | workers are in order to ensure the health and safety of |
3 | persons working in the industry as well as the people in the |
4 | surrounding area. |
5 | (3) It is the intent of the General Assembly to require |
6 | job training and certification of workers at unconventional |
7 | well sites in order to ensure the health and safety of |
8 | workers as well as persons within this Commonwealth. |
9 | Section 3. Definitions. |
10 | The following words and phrases when used in this act shall |
11 | have the meanings given to them in this section unless the |
12 | context clearly indicates otherwise: |
13 | "Board." The Marcellus Shale Industry Job Training and |
14 | Certification Advisory Board established within the Department |
15 | of Labor and Industry under section 6. |
16 | "Department." The Department of Labor and Industry of the |
17 | Commonwealth. |
18 | "Marcellus Shale." The rock formation known as the Marcellus |
19 | Formation, also classified as the Marcellus Subgroup of the |
20 | Hamilton Group, Marcellus Member of the Romney Formation, is a |
21 | unit of marine sedimentary rock found in eastern North America. |
22 | "Secretary." The Secretary of the Department of Labor and |
23 | Industry of the Commonwealth. |
24 | "Unconventional well." A bore hole drilled or being drilled |
25 | for the purpose of or to be used for producing oil or gas from a |
26 | geological formation existing below the base of the Elk |
27 | Sandstone or its geologic equivalent stratigraphic interval |
28 | where oil or gas generally cannot be produced at economic flow |
29 | rates or in economic volumes except by vertical or horizontal |
30 | well bores stimulated by hydraulic fracture treatments or by |
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1 | using multilateral well bores or other techniques to expose more |
2 | of the geological formation to the well bore. |
3 | Section 4. Registration for training and certification. |
4 | (a) Required training.--No person shall be authorized to |
5 | work in the area of an unconventional well site or operate |
6 | equipment which is used in the process of drilling an |
7 | unconventional well or stimulating natural gas extraction from |
8 | an unconventional well through hydraulic fracture treatments, |
9 | unless they have completed job training and received |
10 | certification by the department as provided under this act. This |
11 | requirement shall not include persons working in a clerical or |
12 | administrative position. |
13 | (b) Transitional period for current workers.--Persons |
14 | currently working at unconventional well sites, upon the |
15 | effective date of this act, have 12 months from the promulgation |
16 | of regulations or interim guidelines, whichever is earlier, |
17 | under this act to obtain the necessary job training and |
18 | certification required under subsection (a). |
19 | Section 5. Department responsibilities. |
20 | The department, in consultation with the board, shall |
21 | establish standards for job training and certification for |
22 | workers as provided under section 4. |
23 | Section 6. Advisory board. |
24 | (a) Establishment.--There is established a Marcellus Shale |
25 | Industry Job Training and Certification Advisory Board within |
26 | the department. The members of the board shall be appointed by |
27 | the secretary and shall advise the department on the job |
28 | training and certification requirements needed for workers in |
29 | this gas drilling industry. |
30 | (b) Members.--The board shall consist of nine members as |
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1 | follows: |
2 | (1) Three representatives from labor unions, including a |
3 | representative from AFL-CIO. One of the representatives shall |
4 | serve as chair. |
5 | (2) Three representatives from the Marcellus Shale |
6 | Coalition or the Marcellus Shale industry. To the extent |
7 | possible, the representatives shall represent various |
8 | segments of the industry and have knowledge of the types of |
9 | jobs needed to extract the natural gas. |
10 | (3) Two consumer representatives from areas within this |
11 | Commonwealth that have active Marcellus Shale drilling sites |
12 | and have a background in the industry. |
13 | (4) The secretary or a designee. |
14 | (c) Conduct of business.--The board shall conduct business |
15 | in accordance with 65 Pa.C.S. Ch. 7 (relating to open meetings). |
16 | (d) Terms.--The members of the board shall be appointed to |
17 | terms of three years. Terms following the initial appointment |
18 | shall be staggered so that four members initially serve a three- |
19 | year appointment, three members serve a two-year appointment and |
20 | two members serve a one-year appointment. |
21 | (e) Duties.--The board shall: |
22 | (1) Work with the department to recommend appropriate |
23 | job training and certification requirements for functions at |
24 | an unconventional well site performed by various types and |
25 | classifications of employees. The training programs may |
26 | include developing health and safety procedures, |
27 | apprenticeship programs that are industry-specific and site- |
28 | specific and utilizing expertise of skilled workers within an |
29 | industry group that have previously completed appropriate |
30 | approved apprenticeship programs. |
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1 | (2) Review and comment on the regulations prior to their |
2 | release to the Office of Attorney General under section |
3 | 204(b) of the act of October 15, 1980 (P.L.950, No.164), |
4 | known as the Commonwealth Attorneys Act. |
5 | (3) Consider other issues specified by the secretary or |
6 | other designated organization representing labor or community |
7 | interest. |
8 | (f) Compensation.--Board members shall serve without |
9 | compensation but shall be reimbursed for actual and reasonable |
10 | expenses related to the performance of their official duties. |
11 | Reimbursement shall be allocated from funds appropriated to the |
12 | department. |
13 | Section 7. Fees. |
14 | The department shall establish the appropriate fees for job |
15 | training and certification required under this act in |
16 | consultation with the board. |
17 | Section 8. Regulations. |
18 | (a) Duties of department.--The department shall promulgate |
19 | and enforce regulations or interim guidelines as provided under |
20 | subsection (b) to implement this act. These regulations or |
21 | interim guidelines shall include minimum standards for job |
22 | training and certification to protect the health and safety of |
23 | individual workers working on an unconventional well site. |
24 | (b) Interim regulations or guidelines.--The department may |
25 | establish interim regulations or guidelines, in consultation |
26 | with the board, which shall expire upon the promulgation of |
27 | regulations as provided under this section. The department may |
28 | consider the adoption of national standards that have been |
29 | established in the industry when considering the adoption of the |
30 | regulations or guidelines. |
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1 | Section 9. Preemption of municipal regulations. |
2 | Notwithstanding any other provision of law, this act shall |
3 | not preempt any municipal regulations that require job training |
4 | and certification of workers at an unconventional well site in |
5 | effect on the effective date of this act. |
6 | Section 20. Effective date. |
7 | This act shall take effect in 60 days. |
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