PRINTER'S NO. 3244
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1467
Session of
2022
INTRODUCED BY KRAJEWSKI, FRANKEL, DALEY, HILL-EVANS, HOWARD,
ISAACSON, WEBSTER, SANCHEZ, SIMS, D. WILLIAMS, HERRIN,
KINSEY, OTTEN AND FIEDLER, JUNE 14, 2022
REFERRED TO COMMITTEE ON HEALTH, JUNE 14, 2022
AN ACT
Amending Title 58 (Oil and Gas) of the Pennsylvania Consolidated
Statutes, providing for public health protections related to
hydraulic fracturing infrastructure; imposing duties on the
Department of Health and the Department of Environmental
Protection; and establishing the Oil and Natural Gas Public
Health Registry Fund.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 58 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 37
PUBLIC HEALTH PROTECTIONS
Sec.
3701. Definitions.
3702. Duties of department.
3703. Interdepartmental Coordinating Task Force.
3704. Reporting.
3705. Oil and Natural Gas Production Health Registry.
3706. Environmental health education.
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3707. Education and training of physicians.
3708. Department of Environmental Protection duties.
3709. Environmental hazard fee.
3710. Oil and Natural Gas Public Health Registry Fund.
§ 3701. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Company." An entity doing business within this Commonwealth
and subject to tax under Article III, IV or VI of the act of
March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of
1971.
"Department." The Department of Health of the Commonwealth.
"Fund." The Oil and Natural Gas Public Health Registry Fund
established under section 3710 (relating to Oil and Natural Gas
Public Health Registry Fund).
"Hydraulic fracturing." An oil and gas well development
process that typically involves injecting water, sand and
chemicals through a well under high pressure into a bedrock
formation to increase oil and gas flow to the well from a
petroleum-bearing rock formation.
"Hydraulic fracturing infrastructure." The term includes
pipelines, drill wells, pump stations, compressor stations,
power plants, natural gas processing plants or hazardous waste
streams that are used in the process of hydraulic fracturing
operations.
"Industrial pollution event." The discharge of chemicals,
compounds, contaminants, particulate matter or other pollutants
into or upon land, any structure on land, the atmosphere or any
watercourse or body of water, including groundwater, in
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concentrations or at levels in excess of those naturally present
in the environment as a result of manufacturing processes.
"Participants." Members of the public who live, work or
attend school within 20 miles of hydraulic fracturing
infrastructure and choose to participate in the registry.
"Registry." The Oil and Natural Gas Production Health
Registry established under section 3705 (relating to Oil and
Natural Gas Production Health Registry).
"Task force." The Interdepartmental Coordinating Task Force
established under section 3703 (relating to Interdepartmental
Coordinating Task Force).
§ 3702. Duties of department.
(a) Data collection.--The department shall collect and
analyze data on the impact hydraulic fracturing and hydraulic
fracturing chemicals have on public health and safety. In
collecting and analyzing data, the department shall:
(1) Accept and investigate complaints related to an
unconventional well site from individuals who reported
adverse public health effects that may have resulted from
hydraulic fracturing or the use of hydraulic fracturing
chemicals at unconventional well sites.
(2) Conduct investigatory interviews for qualitative
data analysis with health professionals working within the
communities where hydraulic fracturing infrastructure is
located.
(3) Implement a communitywide health data program that
collects health data of individuals. In administering the
data program under this paragraph, the department shall:
(i) Contract with a team of toxicologists to gather
baseline biomarker indicators of participants studied
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under this paragraph and test for chemicals known to be
used in hydraulic fracturing, including benzene, toluene,
styrene, methylbenzene, chlorobenzene, xylene,
acrylonitrile, cyclohexane, hemellitene, pseudocumene and
mesitylene.
(ii) Keep confidential and anonymous the identities
of participants studied under this paragraph in the
reporting of data in accordance with section 708(b)(5),
(6) and (28) of the act of February 14, 2008 (P.L.6,
No.3), known as the Right-to-Know Law, and the Health
Insurance Portability and Accountability Act of 1996
(Public Law 104-191, 110 Stat. 1936).
(4) Prior to the permitting of new hydraulic fracturing
infrastructure, gather research on baseline communitywide
health data. As part of the baseline research, hydraulic
fracturing companies shall declare the health impacts that
are expected to result from hydraulic fracturing
infrastructure development and processes.
(5) Following the collection of data, issue a report of
symptoms found in connection with hydraulic fracturing
infrastructure as described under subsection (c).
(b) Nondisclosure agreements.--
(1) A participant submitting information to the registry
under this section shall not be held liable in an action for
violating a nondisclosure agreement agreed to by all parties,
including an employment contract or settlement agreement
signed after the effective date of this section.
(2) A company engaged in hydraulic fracturing shall be
prohibited from conditioning a settlement or employment
agreement on a participant signing an agreement or waiver
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that prohibits, prevents or otherwise restricts the
participant from disclosing, reporting or participating in
public policy or research related to the health impacts of
hydraulic fracturing.
(c) Data publication.--Within one year of the effective date
of this section and annually thereafter, the department shall:
(1) Publish data collected and analyzed under subsection
(a) on the department's publicly accessible Internet website.
(2) Develop and publish on the department's publicly
accessible Internet website resources and information on the
impact hydraulic fracturing and hydraulic fracturing
chemicals have on public health and safety.
§ 3703. Interdepartmental Coordinating Task Force.
(a) Establishment.--The department shall establish the
Interdepartmental Coordinating Task Force to consult with the
Department of Environmental Protection and local public health
officials to collect, analyze and maintain data as required
under section 3702(a) (relating to duties of department). The
task force shall meet at least once a month to review and
analyze data collected. The task force shall include the
following officials:
(1) The Secretary of Environmental Protection.
(2) The Secretary of Health.
(3) The director of the Bureau of Air Quality within the
Department of Environmental Protection.
(4) The director of the Bureau of Clean Water within the
Department of Environmental Protection.
(5) The director of the Bureau of Safe Drinking Water
within the Department of Environmental Protection.
(6) The director of the Division of Environmental Health
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Epidemiology in the Bureau of Epidemiology within the
department.
(b) Report.--The task force shall submit a quarterly report
of all health data gathered, including the presence of symptoms
commonly found in connection with hydraulic fracturing
infrastructure, updated information from the registry and status
updates on implementing policies to:
(1) The Governor's Office.
(2) The Attorney General's Office.
(3) The President pro tempore of the Senate and the
Majority Leader and Minority Leader of the Senate.
(4) The Speaker of the House of Representatives and the
Majority Leader and Minority Leader of the House of
Representatives.
(5) The chair and minority chair of the Environmental
Resources and Energy Committee of the Senate.
(6) The chair and minority chair of the Environmental
Resources and Energy Committee of the House of
Representatives.
(7) The chair and minority chair of Health and Human
Services Committee of the Senate.
(8) The chair and minority chair of the Health Committee
of the House of Representatives.
(c) Working group.--The Secretary of Health shall form a
working group that is comprised of staff within the department
to make recommendations and track progress toward the tasks
required under this chapter.
§ 3704. Reporting.
(a) Duty of physicians.--Physicians treating patients with
symptoms commonly found in connection with hydraulic fracturing
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infrastructure shall report the symptoms to the department
through the registry within 30 days of first detection of
symptoms.
(b) Duties of department.--The following apply:
(1) The department shall keep a record of correspondence
received that includes a health, environment or hydraulic
fracturing infrastructure-related complaint. The department
shall provide guidance to officials and staff on the
expectations of how the complaint process works and submit a
regular update to the Secretary of Health and the D eputy
Secretary for Health Preparedness and Community Protection
with the number of complaints. The Secretary of Health shall
provide regular updates to the task force.
(2) The department shall establish a database to be
shared with the Department of Environmental Protection to
track incoming calls, correspondence and complaints related
to hydraulic fracturing infrastructure.
(3) The department, in consultation with the Department
of Environmental Protection, shall develop a response plan
for each incoming environment or health complaint, including
a communication plan with the initial complainant.
(4) The Department of Environmental Protection shall
report to the department an industrial pollution event within
24 hours of the event.
(5) On an annual basis, the department shall submit all
data collected in a report to the task force.
§ 3705. Oil and Natural Gas Production Health Registry.
(a) Creation.--The department shall create a registry that
satisfies the requirements of this chapter.
(b) Goals.--The goal of the registry shall be to track a
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participant's exposure to a known hydraulic fracturing-related
activity.
(c) Access.--
(1) The registry shall be accessible by participants
through an online portal where participants may create a
profile and submit and update symptoms.
(2) The registry shall be accessible by physicians
through a separate online portal using a physician profile
and shall provide physicians with a method to report
information obtained under section 3704(a) (relating to
reporting).
(d) Required updates.--
(1) A participant shall update personal information at
least once a year or the participant's portal will be labeled
with a no response status.
(2) Prior to changing a participant's portal status to
no response, the department shall make no less than three
attempts to contact the participant.
(3) A participant's portal shall continue to remain
accessible to the participant for updating even if the portal
has a no response status.
(e) Public education campaign.--The department shall conduct
a public education campaign promoting the registry to members of
the public living, working or attending school within 20 miles
of hydraulic fracturing infrastructure. The department shall
contract with an environmental health organization for public
promotion of the registry.
§ 3706. Environmental health education.
No later than 90 days following the release of the report of
symptoms under section 3702(a)(5) (relating to duties of
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department), the department shall implement a public education
campaign to inform members of the community about the public
health impacts of hydraulic fracturing, that includes the health
symptoms related to hydraulic fracturing infrastructure.
§ 3707. Education and training of physicians.
No later than 90 days following the release of the report of
symptoms under section 3702(a)(5) (relating to duties of
department), the department shall implement an education and
training program that provides training and information for
physicians. The training shall include recognizing the health
symptoms of hydraulic fracturing infrastructure and section
3222.1(b)(10) and (11) (relating to hydraulic fracturing
chemical disclosure requirements).
§ 3708. Department of Environmental Protection duties.
The Department of Environmental Protection shall:
(1) Gather baseline water and air quality data within
2,500 feet prior to new construction of hydraulic fracturing
infrastructure.
(2) On a quarterly basis, gather air and water quality
samples from locations within 2,500 feet of hydraulic
fracturing infrastructure.
§ 3709. Environmental hazard fee.
An operator of hydraulic fracturing infrastructure shall pay
to the Department of Environmental Protection an annual
environmental hazard fee of $10,000 per hydraulic fracturing
infrastructure facility to be deposited into the fund. The fee
shall be used by the Department of Environmental Protection to
conduct data gathering under section 3708 (relating to
Department of Environmental Protection duties).
§ 3710. Oil and Natural Gas Public Health Registry Fund.
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The following shall apply:
(1) The Oil and Natural Gas Public Health Registry Fund
is established as an account in the State Treasury.
(2) The fund shall be administered by the department.
(3) All interest earned from the investment or deposit
of money accumulated in the fund shall be deposited into the
fund for the same use.
(4) All money deposited into the fund shall be held in
trust and shall not be considered general revenue of the
Commonwealth but shall be used only to effectuate the
purposes of this chapter as determined by the department.
Section 2. This act shall take effect in 60 days.
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