PRIOR PRINTER'S NO. 538 PRINTER'S NO. 1614
No. 514 Session of 1989
INTRODUCED BY FISHER, CORMAN, REIBMAN, ANDREZESKI, STAPLETON,
SALVATORE, LYNCH, SHAFFER, STOUT, WILT AND PETERSON,
FEBRUARY 13, 1989
SENATOR FISHER, ENVIRONMENTAL RESOURCES AND ENERGY, AS AMENDED,
OCTOBER 17, 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, OR <--
17 HIS DESIGNEE.
1 Section 3. Commission.
2 (a) Establishment.--The Oil and Gas Conservation Commission
3 is established.
4 (b) Members.--The commission shall consist of seven EIGHT <--
5 members:
6 (1) The secretary.
7 (2) Five SIX members appointed by the Governor from a <--
8 list consisting of three FOUR names submitted by the <--
9 Pennsylvania Oil and Gas Association, three FOUR names <--
10 submitted by the Pennsylvania Natural Gas Associates and
11 three FOUR names submitted by the Pennsylvania Gas <--
12 Association. Individuals whose names are submitted under this
13 paragraph must be petroleum engineers, petroleum geologists
14 or experienced driller representatives. EACH ASSOCIATION <--
15 SHALL BE REPRESENTED ON THE COMMISSION.
16 (3) One member appointed by the Governor from a list
17 consisting of three names submitted by the Citizens Advisory
18 Council.
19 (c) Special experience.--Members of the commission under
20 subsection (b)(2) and (3) must have at least ten years'
21 experience with the production of or exploration for petroleum
22 hydrocarbons. This experience must include at least five years'
23 experience in this Commonwealth within the ten-year period prior
24 to initial appointment.
25 (d) Terms.--
26 (1) The secretary shall serve ex officio.
27 (2) Members initially appointed under subsection (b)(2)
28 and (3) shall serve the following terms:
29 (i) Two members shall serve for two years.
30 (ii) Two members shall serve for four years.
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1 (iii) Two THREE members shall serve for six years. <--
2 (3) Members appointed for subsequent terms under
3 subsection (b)(2) and (3) shall serve for six years.
4 (4) Any member who is appointed as a replacement shall
5 serve the unexpired term of the member being replaced.
6 (e) Quorum.--Four VOTING members of the commission <--
7 constitute a quorum. An action or order of the commission
8 requires the approval of a least four VOTING members. <--
9 (f) Officers.--Every two years, the commission shall elect a
10 chairperson and other necessary officers.
11 (g) Compensation.--Members of the commission shall serve
12 without compensation. They shall be reimbursed for necessary
13 expenses reasonably incurred in the performance of their duties.
14 (h) Support.--The department shall provide office space,
15 staff support and other services reasonably necessary to enable
16 the commission to discharge its duties.
17 Section 4. Powers and duties.
18 The commission shall have those powers and duties provided in
19 section 5 of the act of July 25, 1961 (P.L.825, No.359), known
20 as the Oil and Gas Conservation Law, necessary to carry out <--
21 WHICH RELATE SOLELY TO IMPLEMENTATION OF the well-spacing and <--
22 integration provisions of this act.
23 Section 5. Conflict of interest.
24 (a) General rule.--A member of the commission may not
25 participate in a decision of the commission if the decision has
26 the potential of directly affecting an economic interest of the
27 member.
28 (b) Secretary.--The secretary may not participate in a
29 decision of the commission if the decision has the potential of
30 directly affecting an economic interest of the Commonwealth.
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1 Section 6. Repeal.
2 Except for the act of December 19, 1984 (P.L.1140, No.223),
3 known as the Oil and Gas Act, which shall not be repealed, all
4 acts and parts of acts are repealed insofar as they are
5 inconsistent with this act.
6 Section 7. Effective date.
7 This act shall take effect immediately.
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