THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY SCARNATI, SOLOBAY, YUDICHAK, YAW, WOZNIAK, TARTAGLIONE, FONTANA, BOSCOLA, TOMLINSON, BAKER, VULAKOVICH, MENSCH, VOGEL, EARLL, WAUGH, D. WHITE, ERICKSON, WARD, ARGALL, ALLOWAY AND GREENLEAF, OCTOBER 16, 2012

REFERRED TO PUBLIC HEALTH AND WELFARE, OCTOBER 16, 2012  

AN ACT

Establishing the Marcellus Shale Health Advisory Panel; and

providing for its powers and duties.

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 Marcellus

Shale Health Advisory Panel 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:

"Advisory panel."  The Marcellus Shale Health Advisory Panel

established by this act.

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

Section 3.  Marcellus Shale Health Advisory Panel.

(a)  Establishment.--The Marcellus Shale Health Advisory

Panel is established.

(b)  Composition.--The advisory panel shall be composed of

the following members:

(1)  The Secretary of Health, who shall be the

chairperson of the panel, or a designee who shall be an

employee of the department.

(2)  Four members appointed by the General Assembly under

subsection (c).

(3)  Four members appointed by the Governor under

subsection (d).

(c)  Legislative appointments.--

(1)  Appointments by the General Assembly under

subsection (b)(2) shall be made as follows:

(i)  One individual shall be appointed by the

President pro tempore of the Senate.

(ii)  One individual shall be appointed by the

minority leader of the Senate.

(iii)  One individual shall be appointed by the

Speaker of the House of Representatives.

(iv)  One individual shall be appointed by the

minority leader of the House of Representatives.

(2)  Legislative appointees may not hold any other

position as an elected official or employee of the

Commonwealth.

(3)  Legislative appointees must be residents of this

Commonwealth and shall serve for a two-year term.

(4)  Legislative appointees must collectively have

expertise or substantial experience in public health,

science, environmental studies and unconventional natural gas

extraction.

(d)  Gubernatorial appointments.--Members appointed by the

Governor under subsection (b)(3):

(1)  May not hold any other position as an elected

official or employee of the Commonwealth.

(2)  Must be residents of this Commonwealth and

collectively have expertise or substantial experience in

public health, science, environmental studies and

unconventional natural gas extraction.

(3)  Shall serve a two-year term.

(e)  Quorum.--Five members of the advisory panel shall

constitute a quorum. The adoption of a resolution or other

action of the advisory panel shall require a majority vote of

the members of the advisory panel.

(f)  Compensation.--The members of the advisory panel shall

be entitled to no compensation for their services as members of

the advisory panel but shall be entitled to reimbursement by the

department for all necessary and reasonable expenses incurred in

connection with the performance of their duties as members of

the advisory panel.

(g)  Initial appointment and vacancy.--Appointing authorities

shall appoint initial advisory panel members within 30 days of

the effective date of this section. Whenever a vacancy occurs on

the advisory panel, the appointing authority shall appoint a

successor member within 30 days of the vacancy. Any appointment

to fill a vacancy shall be for the unexpired term. Members so

appointed to fill the unexpired term of an initial appointee

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

(h)  Term limit.--No member shall serve more than two

consecutive two-year terms.

(i)  Applicability.--The following acts shall apply to the

advisory panel:

(1)  The act of February 14, 2008 (P.L.6, No.3), known as

the Right-to-Know Law.

(2)  The act of July 19, 1957 (P.L.1017, No.451), known

as the State Adverse Interest Act.

(3)  The provisions of 65 Pa.C.S. Chs. 7 (relating to

open meetings) and 11 (relating to ethics standards and

financial disclosure).

Section 4.  Duties.

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

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

(2)  Consult with persons and entities involved with and

affected by the extraction and use of unconventional natural

gas reserves in this Commonwealth.

(3)  Consult with persons and entities conducting

research and studies regarding the extraction and use of

unconventional natural gas reserves in this Commonwealth and

the potential effects on public health and safety.

(4)  Investigate and study advancements in science,

technology and public health data in order to provide

Pennsylvania elected officials, regulators and the general

public with information, analysis and recommendations

regarding the safe, efficient and environmentally responsible

extraction and use of unconventional natural gas reserves in

this Commonwealth.

(5)  Submit an annual report on its activities to the

Governor and General Assembly.

(b)  Actions.--Actions by the advisory panel are a

determination of public policy and public interest and shall not

be considered adjudications under 2 Pa.C.S. Chs. 5 Subch. A

(relating to practice and procedure of Commonwealth agencies)

and 7 Subch. A (relating to judicial review of Commonwealth

agency action) and shall not be appealable to the department or

a court of law.

Section 5.  Effective date.

This act shall take effect in 30 days.