Bill Text: PA SB1285 | 2011-2012 | Regular Session | Introduced

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Bill Title: Providing for Marcellus Shale unconventional well job training and certification; and imposing duties on the Department of Labor and Industry.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2011-10-12 - Referred to LABOR AND INDUSTRY [SB1285 Detail]

Download: Pennsylvania-2011-SB1285-Introduced.html

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PRINTER'S NO. 1654
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1285 Session of2011
INTRODUCED BY BREWSTER, COSTA, HUGHES, SCHWANK AND FONTANA, OCTOBER 12, 2011
REFERRED TO LABOR AND INDUSTRY, OCTOBER 12, 2011
AN ACT
Providing for Marcellus Shale unconventional well job training
and certification; and imposing duties on the Department 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 Marcellus
Shale Unconventional Well Job Training and Certification Act.
Section 2. Findings and legislative intent.
The General Assembly finds and declares as follows:
(1) The development of technologies to extract natural
gas from the Marcellus Shale formation in this Commonwealth
has opened opportunities for job growth in this Commonwealth.
(2) Because the extraction of natural gas from the
Marcellus Shale formation is a complicated extraction process
that utilizes unconventional well technology and practices
that involve the drilling of horizontal well bores and the
use of treated water at high pressure to fracture the rock
and free the natural gas, training and certification of
workers are in order to ensure the health and safety of
persons working in the industry as well as the people in the
surrounding area.
(3) It is the intent of the General Assembly to require
job training and certification of workers at unconventional
well sites in order to ensure the health and safety of
workers as well as persons within this Commonwealth.
Section 3. 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:
"Board." The Marcellus Shale Industry Job Training and
Certification Advisory Board established within the Department
of Labor and Industry under section 6.
"Department." The Department of Labor and Industry of the
Commonwealth.
"Marcellus Shale." The rock formation known as the Marcellus
Formation, also classified as the Marcellus Subgroup of the
Hamilton Group, Marcellus Member of the Romney Formation, is a
unit of marine sedimentary rock found in eastern North America.
"Secretary." The Secretary of the Department of Labor and
Industry of the Commonwealth.
"Unconventional well." A bore hole drilled or being drilled
for the purpose of or to be used for producing oil or gas from a
geological formation existing below the base of the Elk
Sandstone or its geologic equivalent stratigraphic interval
where oil or gas generally cannot be produced at economic flow
rates or in economic volumes except by vertical or horizontal
well bores stimulated by hydraulic fracture treatments or by
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using multilateral well bores or other techniques to expose more
of the geological formation to the well bore.
Section 4. Registration for training and certification.
(a) Required training.--No person shall be authorized to
work in the area of an unconventional well site or operate
equipment which is used in the process of drilling an
unconventional well or stimulating natural gas extraction from
an unconventional well through hydraulic fracture treatments,
unless they have completed job training and received
certification by the department as provided under this act. This
requirement shall not include persons working in a clerical or
administrative position.
(b) Transitional period for current workers.--Persons
currently working at unconventional well sites, upon the
effective date of this act, have 12 months from the promulgation
of regulations or interim guidelines, whichever is earlier,
under this act to obtain the necessary job training and
certification required under subsection (a).
Section 5. Department responsibilities.
The department, in consultation with the board, shall
establish standards for job training and certification for
workers as provided under section 4.
Section 6. Advisory board.
(a) Establishment.--There is established a Marcellus Shale
Industry Job Training and Certification Advisory Board within
the department. The members of the board shall be appointed by
the secretary and shall advise the department on the job
training and certification requirements needed for workers in
this gas drilling industry.
(b) Members.--The board shall consist of nine members as
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follows:
(1) Three representatives from labor unions, including a
representative from AFL-CIO. One of the representatives shall
serve as chair.
(2) Three representatives from the Marcellus Shale
Coalition or the Marcellus Shale industry. To the extent
possible, the representatives shall represent various
segments of the industry and have knowledge of the types of
jobs needed to extract the natural gas.
(3) Two consumer representatives from areas within this
Commonwealth that have active Marcellus Shale drilling sites
and have a background in the industry.
(4) The secretary or a designee.
(c) Conduct of business.--The board shall conduct business
in accordance with 65 Pa.C.S. Ch. 7 (relating to open meetings).
(d) Terms.--The members of the board shall be appointed to
terms of three years. Terms following the initial appointment
shall be staggered so that four members initially serve a three-
year appointment, three members serve a two-year appointment and
two members serve a one-year appointment.
(e) Duties.--The board shall:
(1) Work with the department to recommend appropriate
job training and certification requirements for functions at
an unconventional well site performed by various types and
classifications of employees. The training programs may
include developing health and safety procedures,
apprenticeship programs that are industry-specific and site-
specific and utilizing expertise of skilled workers within an
industry group that have previously completed appropriate
approved apprenticeship programs.
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(2) Review and comment on the regulations prior to their
release to the Office of Attorney General under section
204(b) of the act of October 15, 1980 (P.L.950, No.164),
known as the Commonwealth Attorneys Act.
(3) Consider other issues specified by the secretary or
other designated organization representing labor or community
interest.
(f) Compensation.--Board members shall serve without
compensation but shall be reimbursed for actual and reasonable
expenses related to the performance of their official duties.
Reimbursement shall be allocated from funds appropriated to the
department.
Section 7. Fees.
The department shall establish the appropriate fees for job
training and certification required under this act in
consultation with the board.
Section 8. Regulations.
(a) Duties of department.--The department shall promulgate
and enforce regulations or interim guidelines as provided under
subsection (b) to implement this act. These regulations or
interim guidelines shall include minimum standards for job
training and certification to protect the health and safety of
individual workers working on an unconventional well site.
(b) Interim regulations or guidelines.--The department may
establish interim regulations or guidelines, in consultation
with the board, which shall expire upon the promulgation of
regulations as provided under this section. The department may
consider the adoption of national standards that have been
established in the industry when considering the adoption of the
regulations or guidelines.
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Section 9. Preemption of municipal regulations.
Notwithstanding any other provision of law, this act shall
not preempt any municipal regulations that require job training
and certification of workers at an unconventional well site in
effect on the effective date of this act.
Section 20. Effective date.
This act shall take effect in 60 days.
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