AN ACT

 

1Establishing the Health Advisory Panel on Shale Gas Extraction
2and Natural Gas Use; and providing for its powers and duties.

3The General Assembly of the Commonwealth of Pennsylvania
4hereby enacts as follows:

5Section 1. Short title.

6This act shall be known and may be cited as the Health
7Advisory Panel on Shale Gas Extraction and Natural Gas Use Act.

8Section 2. Definitions.

9The following words and phrases when used in this act shall
10have the meanings given to them in this section unless the
11context clearly indicates otherwise:

12"Advisory panel." The Health Advisory Panel on Shale Gas
13Extraction and Natural Gas Use established by this act.

14"Department." The Department of Health of the Commonwealth.

15Section 3. Health Advisory Panel on Shale Gas Extraction and
16Natural Gas Use.

1(a) Establishment.--The Health Advisory Panel on Shale Gas
2Extraction and Natural Gas Use is established.

3(b) Composition.--The advisory panel shall be composed of
4the following members:

5(1) The Secretary of Health, who shall be the
6chairperson of the panel, or a designee who shall be an
7employee of the department.

8(2) The Secretary of Environmental Protection or a
9designee who shall be an employee of the Department of
10Environmental Protection.

11(3) Four members appointed by the General Assembly under
12subsection (c).

13(4) Three members appointed by the Governor under
14subsection (d).

15(c) Legislative appointments.--

16(1) Appointments by the General Assembly under
17subsection (b)(3) shall be made as follows:

18(i) One individual shall be appointed by the
19President pro tempore of the Senate.

20(ii) One individual shall be appointed by the
21Minority Leader of the Senate.

22(iii) One individual shall be appointed by the
23Speaker of the House of Representatives.

24(iv) One individual shall be appointed by the
25Minority Leader of the House of Representatives.

26(2) Legislative appointees may not hold any other
27position as an elected official or employee of the
28Commonwealth.

29(3) Legislative appointees must be residents of this
30Commonwealth and shall serve for a two-year term.

1(4) Legislative appointees must collectively have
2expertise or substantial experience in public health, earth
3and mineral sciences, environmental studies and shale gas
4extraction and natural gas use.

5(d) Gubernatorial appointments.--Members appointed by the
6Governor under subsection (b)(4):

7(1) May not hold any other position as an elected
8official or employee of the Commonwealth.

9(2) Must be residents of this Commonwealth and
10collectively have expertise or substantial experience in
11public health, earth and mineral sciences, environmental
12studies and shale gas extraction and natural gas use.

13(3) Shall serve a two-year term.

14(e) Quorum.--Five members of the advisory panel shall
15constitute a quorum. The adoption of a resolution or other
16action of the advisory panel shall require a majority vote of
17the members of the advisory panel.

18(f) Compensation.--The members of the advisory panel shall
19be entitled to no compensation for their services as members of
20the advisory panel but shall be entitled to reimbursement by the
21department for all necessary and reasonable expenses incurred in
22connection with the performance of their duties as members of
23the advisory panel.

24(g) Initial appointment and vacancy.--Appointing authorities
25shall appoint initial advisory panel members within 30 days of
26the effective date of this section. Whenever a vacancy occurs on
27the advisory panel, the appointing authority shall appoint a
28successor member within 30 days of the vacancy. Any appointment
29to fill a vacancy shall be for the unexpired term. Members so
30appointed to fill the unexpired term of an initial appointee

1shall be subject to the provisions of subsection (h).

2(h) Term limit.--No member shall serve more than three
3consecutive two-year terms.

4(i) Applicability.--The following acts shall apply to the
5advisory panel:

6(1) The act of July 19, 1957 (P.L.1017, No.451), known
7as the State Adverse Interest Act.

8(2) The act of February 14, 2008 (P.L.6, No.3), known as
9the Right-to-Know Law.

10(3) The provisions of 65 Pa.C.S. Chs. 7 (relating to
11open meetings) and 11 (relating to ethics standards and
12financial disclosure).

13Section 4. Duties.

14(a) General rules.--The advisory panel shall:

15(1) Meet as often as necessary but at least biannually.

16(2) Consult with experts involved with the extraction
17and use of natural gas reserves in this Commonwealth.

18(3) Consult with the department to review public health
19data relating to areas where shale gas extraction occurs and
20public health data relating to the benefits of the use of
21natural gas.

22(4) Consult with experts conducting research and studies
23meeting the peer review requirements of the department
24regarding potential public health effects from shale gas
25extraction and public health benefits from the use of natural
26gas.

27(5) Evaluate public health data regarding the extraction
28and use of natural gas and information regarding the
29techniques and procedures for shale gas extraction in order
30to provide Pennsylvania-elected officials, regulators and the

1general public with information and analyses regarding the
2safe, efficient and environmentally responsible extraction
3and use of natural gas reserves in this Commonwealth.

4(6) Submit an annual report on its activities to the
5Governor and General Assembly.

6(b) Actions.--Actions by the advisory panel are a
7determination of public policy and public interest and shall not
8be considered adjudications under 2 Pa.C.S. Chs. 5 Subch. A
9(relating to practice and procedure of Commonwealth agencies)
10and 7 Subch. A (relating to judicial review of Commonwealth
11agency action) and shall not be appealable to the department or
12a court of law.

13Section 5. Expiration.

14This act shall expire in six years unless otherwise
15reenacted.

16Section 6. Effective date.

17This act shall take effect in 30 days.