1Amending Title 58 (Oil and Gas) of the Pennsylvania Consolidated
2Statutes, further providing for hydraulic fracturing chemical 
3disclosure requirements; and providing for Department of 
4Health duties relating to unconventional gas operations.

5This amendatory act shall be known as the Marcellus Public
6Health Protection Act.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. Section 3222.1(b)(2) and (c) of Title 58 of the
10Pennsylvania Consolidated Statutes are amended and subsection
11(b) is amended by adding a paragraph to read:

12§ 3222.1. Hydraulic fracturing chemical disclosure
13requirements.

14* * *

15(b) Required disclosures.--

16* * *

17(2) Within 60 days following the conclusion of hydraulic

1fracturing, the operator of the well shall complete the
2chemical disclosure registry form and post the form on the
3chemical disclosure registry in accordance with regulations
4promulgated under this chapter in a format that does not link
5chemicals to their respective hydraulic fracturing additive.
6In addition to the disclosure of intentionally added 
7chemicals, the chemical disclosure registry form shall 
8require the vendor, service provider and operator to 
9disclose, to the extent it has actual knowledge, the 
10following:

11(i) Chemicals that were not intentionally added to
12the stimulation fluid, flowback and produced water.

13(ii) Chemicals that occur incidentally or are
14otherwise unintentionally present in trace amounts that
15may be the incidental result of a chemical reaction or
16chemical process or may be constituents of naturally
17occurring materials that become part of a stimulation
18fluid, flowback and produced water.

19* * *

20(12) Nothing in the confidentiality agreement referred
21to under paragraph (10) or (11) shall prevent a health
22professional from sharing a trade secret or confidential
23proprietary information with another health professional or
24reporting the information to a public health and regulatory
25agency. A health professional or agency receiving a trade
26secret or confidential proprietary information from another
27health professional or agency may only use the information
28for health care purposes.

29[(c) Disclosures not required.--Notwithstanding any other
30provision of this chapter, a vendor, service provider or

1operator shall not be required to do any of the following:

2(1) Disclose chemicals that are not disclosed to it by
3the manufacturer, vendor or service provider.

4(2) Disclose chemicals that were not intentionally added
5to the stimulation fluid.

6(3) Disclose chemicals that occur incidentally or are
7otherwise unintentionally present in trace amounts, may be
8the incidental result of a chemical reaction or chemical
9process or may be constituents of naturally occurring
10materials that become part of a stimulation fluid.]

11* * *

12Section 2. Title 58 is amended by adding a chapter to read:

13CHAPTER 36

14DEPARTMENT OF HEALTH

15DUTIES RELATING TO

16UNCONVENTIONAL GAS OPERATIONS

17Sec.

183601. Definitions.

193602. Powers and duties.

203603. Registry.

213604. Notice.

22§ 3601. Definitions.

23The following words and phrases when used in this chapter
24shall have the meanings given to them in this section unless the
25context clearly indicates otherwise:

26"Department." The Department of Health of the Commonwealth.

27"Health professional." A physician, physician assistant,
28nurse practitioner, registered nurse, toxicologist,
29epidemiologist or emergency medical technician licensed by the
30Commonwealth.

1"Unconventional gas operations." The term includes the
2following:

3(1) well location assessment, seismic operations, well
4site preparation, construction, drilling, hydraulic
5fracturing and site restoration associated with an
6unconventional gas well of any depth;

7(2) water and other fluid storage or impoundment areas
8used exclusively for gas operations;

9(3) construction, installation, use, maintenance and
10repair of:

11(i) gas pipelines;

12(ii) natural gas compressor stations; and

13(iii) natural gas processing plants or facilities
14performing equivalent functions; and

15(4) construction, installation, use, maintenance and
16repair of all equipment directly associated with activities
17specified in paragraphs (1), (2) and (3), to the extent that:

18(i) the equipment is necessarily located at or
19immediately adjacent to a well site, impoundment area,
20unconventional gas pipeline, natural gas compressor
21station or natural gas processing plant; and

22(ii) the activities are authorized and permitted
23under the authority of a Federal or Commonwealth agency.

24§ 3602. Powers and duties.

25(a) General.--The department shall have the duty to detect
26and prevent health problems related to unconventional gas
27operations.

28(b) Specific.--The department shall do all of the following:

29(1) Establish a surveillance system under section 3603
30(relating to registry) to collect, analyze and disseminate

1health data related to unconventional gas operations.

2(2) In conjunction with health professional associations
3and medical schools operating in this Commonwealth, provide
4information and training for health professionals who treat
5patients with symptoms which may be related to unconventional
6gas operations.

7(3) Prepare and make available for distribution
8information advising residents who live near unconventional
9gas operations what to do if an unconventional gas operations
10accident occurs.

11(4) Relay information received on health problems
12plausibly related to unconventional gas operations to the
13appropriate regulatory or enforcement agency.

14(5) Perform a standard epidemiological evaluation of a
15community surrounding an area of intense unconventional gas
16operations in comparison to a control area.

17(6) Conduct a study of the long-term health impacts of
18unconventional gas operations.

19§ 3603. Registry.

20(a) Establishment.--The department shall establish a
21surveillance system for the Statewide collection and
22dissemination of health data related to unconventional gas
23operations necessary to effectuate this chapter as determined by
24the department.

25(b) Report.--A health professional administering treatment
26to an individual shall be required by the department to report
27health data plausibly related to unconventional gas operations
28on forms furnished by the department.

29(c) Confidentiality.--The reports required under this
30chapter shall be confidential and not open to public inspection

1or dissemination. This subsection shall not do any of the
2following:

3(1) Restrict the collection and analysis of data by the
4department or those with whom the department contracts.

5(2) Restrict the department from permitting the use of
6the reports and data contained in the reports for research
7purposes, subject to strict supervision by the department to
8ensure that the use of the reports is limited to specific
9research purposes.

10§ 3604. Notice.

11(a) Requirement.--An agreement transferring a property right
12for unconventional gas operations must contain a notice prepared
13by the department outlining the potential health impact on an
14individual who lives or works near unconventional gas
15operations.

16(b) Format.--The notice under subsection (a) shall be in
17large type and bold font and must be initialed by the lessor at
18the time of the signing of the lease.

19(c) Violation.--If a lessee fails to comply with this
20section, the lease shall be voidable at the option of the
21lessor.

22Section 3. The addition of 58 Pa.C.S. § 3604 shall apply to
23leases entered into on or after the effective date of this
24section.

25Section 4. This act shall take effect in 60 days.