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) (c)(2) and (3).

15(c) <-Legislative appointments 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(2) Members appointed under subsection (b)(3) and (4)
15shall serve for a term of two years and:

16(i) may not hold any other position as an elected
17official or employee of this Commonwealth; and

18(ii) must be residents of this Commonwealth.

19(3) Both legislative and gubernatorial appointees shall
20each collectively have expertise or substantial experience in
21public health, earth and mineral sciences, environmental
22studies, shale gas extraction and natural gas use.

<-23(e) (d) Quorum.--Five members of the advisory panel shall
24constitute a quorum. The adoption of a resolution or other
25action of the advisory panel shall require a majority vote of
26the members of the advisory panel.

<-27(f) (e) Compensation.--The members of the advisory panel
28shall not be entitled to <-no compensation for their services as
29members of the advisory panel but shall be entitled to
30reimbursement by the department for all necessary and reasonable

1expenses incurred in connection with the performance of their
2duties as members of the advisory panel.

3(g) (f) Initial appointment and vacancy.--<-Appointing 
4authorities shall appoint initial advisory panel members <-Initial 
5appointments shall be made within 30 days of the effective date
6of this section. Whenever a vacancy occurs on the advisory
7panel, <-the appointing authority shall appoint a successor member 
<-8shall be appointed within 30 days of the vacancy. Any
9appointment to fill a vacancy shall be for the unexpired term.
10Members so appointed to fill the unexpired term of an initial
11appointee shall be subject to the provisions of subsection <-(h) 
<-12(g).

<-13(h) (g) Term limit.--No member shall serve more than three
14consecutive two-year terms.

<-15(i) (h) Applicability.--The following acts shall apply to
16the advisory panel:

17(1) The act of July 19, 1957 (P.L.1017, No.451), known
18as the State Adverse Interest Act.

19(2) The act of February 14, 2008 (P.L.6, No.3), known as
20the Right-to-Know Law.

21(3) The provisions of 65 Pa.C.S. Chs. 7 (relating to
22open meetings) and 11 (relating to ethics standards and
23financial disclosure).

24Section 4. Duties.

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

26(1) Meet as often as necessary but at least biannually.

27(2) Consult with experts involved with the extraction
28and use of natural gas reserves in this Commonwealth.

29(3) Consult with the department to review public health
30data relating to areas where shale gas extraction occurs and

1public health data relating to the benefits of the use of
2natural gas.

3(4) Consult with experts conducting research and studies
4meeting the peer review requirements of the department
5regarding potential public health effects from shale gas
6extraction and public health benefits from the use of natural
7gas.

8(5) Evaluate public health data regarding the extraction
9and use of natural gas and information regarding the
10techniques and procedures for shale gas extraction in order
11to provide <-Pennsylvania-elected elected officials, regulators
12and the general public with information and analyses
13regarding the safe, efficient and environmentally responsible
14extraction and use of natural gas reserves in this
15Commonwealth.

16(6) Submit an annual report on its activities to the
17Governor and General Assembly.

18(b) Actions.--Actions by the advisory panel are a
19determination of public policy and public interest and shall not
20be considered adjudications under 2 Pa.C.S. Chs. 5 Subch. A
21(relating to practice and procedure of Commonwealth agencies)
22and 7 Subch. A (relating to judicial review of Commonwealth
23agency action) and shall not be appealable to the department or
24a court of law.

25Section 5. Expiration.

26This act shall expire in six years unless otherwise
27reenacted.

28Section 6. Effective date.

29This act shall take effect in 30 days.