PRINTER'S NO. 538
No. 514 Session of 1989
INTRODUCED BY FISHER, CORMAN, REIBMAN, ANDREZESKI, STAPLETON,
SALVATORE, LYNCH, SHAFFER, STOUT, WILT AND PETERSON,
FEBRUARY 13, 1989
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY,
FEBRUARY 13, 1989
AN ACT
1 Establishing the Oil and Gas Conservation Commission and
2 conferring powers and duties upon it; and making a repeal.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Oil and Gas
7 Conservation Commission Act.
8 Section 2. Definitions.
9 The following words and phrases when used in this act shall
10 have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Commission." The Oil and Gas Conservation Commission
13 established under section 3.
14 "Department." The Department of Environmental Resources of
15 the Commonwealth.
16 "Secretary." The Secretary of Environmental Resources.
17 Section 3. Commission.
1 (a) Establishment.--The Oil and Gas Conservation Commission
2 is established.
3 (b) Members.--The commission shall consist of seven members:
4 (1) The secretary.
5 (2) Five members appointed by the Governor from a list
6 consisting of three names submitted by the Pennsylvania Oil
7 and Gas Association, three names submitted by the
8 Pennsylvania Natural Gas Associates and three names submitted
9 by the Pennsylvania Gas Association. Individuals whose names
10 are submitted under this paragraph must be petroleum
11 engineers, petroleum geologists or experienced driller
12 representatives.
13 (3) One member appointed by the Governor from a list
14 consisting of three names submitted by the Citizens Advisory
15 Council.
16 (c) Special experience.--Members of the commission under
17 subsection (b)(2) and (3) must have at least ten years'
18 experience with the production of or exploration for petroleum
19 hydrocarbons. This experience must include at least five years'
20 experience in this Commonwealth within the ten-year period prior
21 to initial appointment.
22 (d) Terms.--
23 (1) The secretary shall serve ex officio.
24 (2) Members initially appointed under subsection (b)(2)
25 and (3) shall serve the following terms:
26 (i) Two members shall serve for two years.
27 (ii) Two members shall serve for four years.
28 (iii) Two members shall serve for six years.
29 (3) Members appointed for subsequent terms under
30 subsection (b)(2) and (3) shall serve for six years.
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1 (4) Any member who is appointed as a replacement shall
2 serve the unexpired term of the member being replaced.
3 (e) Quorum.--Four members of the commission constitute a
4 quorum. An action or order of the commission requires the
5 approval of a least four members.
6 (f) Officers.--Every two years, the commission shall elect a
7 chairperson and other necessary officers.
8 (g) Compensation.--Members of the commission shall serve
9 without compensation. They shall be reimbursed for necessary
10 expenses reasonably incurred in the performance of their duties.
11 (h) Support.--The department shall provide office space,
12 staff support and other services reasonably necessary to enable
13 the commission to discharge its duties.
14 Section 4. Powers and duties.
15 The commission shall have those powers and duties provided in
16 section 5 of the act of July 25, 1961 (P.L.825, No.359), known
17 as the Oil and Gas Conservation Law, necessary to carry out the
18 well-spacing and integration provisions of this act.
19 Section 5. Conflict of interest.
20 (a) General rule.--A member of the commission may not
21 participate in a decision of the commission if the decision has
22 the potential of directly affecting an economic interest of the
23 member.
24 (b) Secretary.--The secretary may not participate in a
25 decision of the commission if the decision has the potential of
26 directly affecting an economic interest of the Commonwealth.
27 Section 6. Repeal.
28 Except for the act of December 19, 1984 (P.L.1140, No.223),
29 known as the Oil and Gas Act, which shall not be repealed, all
30 acts and parts of acts are repealed insofar as they are
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1 inconsistent with this act.
2 Section 7. Effective date.
3 This act shall take effect immediately.
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