PRINTER'S NO. 921
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
819
Session of
2019
INTRODUCED BY CONKLIN, HARKINS, HILL-EVANS AND MURT,
MARCH 14, 2019
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, MARCH 14, 2019
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 Well
Operation Response Team 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
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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 on an annual
basis.
(4) Will be available with respect to the well involved
no 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.
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(a) General rule.--No 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) Establish, subject to 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) During the production phase, make available a
certified response team.
(4) Provide that an operator must select one of the
following to satisfy the requirement of paragraph (3)(ii):
(i) 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.
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(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.
(ii) A commercial response team that is provided for
through contract with a third-party vendor or a response
team provided by another operator, if the 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.
(iii) 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
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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.
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