BYLAWS of the OIL and GAS TECHNICAL ADVISORY
BOARD to the BUREAU OF OIL & GAS MANAGEMENT of the PENNSYLVANIA DEPARTMENT OF
ARTICLE I. Name.
The name of this Advisory Board shall be the Oil and Gas
Technical Advisory Board.
ARTICLE II. Authorization.
This Advisory Board is authorized under Section 216 of the Oil
and Gas Act (Act 223 of 1984).
ARTICLE III. Purpose.
The Pennsylvania Department of Environmental Protection shall
consult with the Advisory Board in the formulation, drafting and
presentation stages of all regulations of a technical nature
promulgated under the Oil and Gas Act and the Advisory Board
shall be given a reasonable opportunity to review and comment on
all regulations of a technical nature prior to submission to the Environmental Quality
ARTICLE IV. Advisory Board Membership.
The Advisory Board shall consist of five members, all of whom
shall be chosen by the Governor and shall be residents of
Pennsylvania. Three members shall be either petroleum engineers,
petroleum geologists or experienced driller representatives of
the oil and gas industry with three years of experience in Pennsylvania.
One member shall be a mining engineer from the coal industry with three
years of experience in Pennsylvania. One member shall be a
geologist or petroleum engineer with three years of experience in Pennsylvania, who
shall be chosen from a list of three names submitted by the Citizens
Advisory Council to the Governor and who shall sit as a representative
of the public interest.
Subcommittees may be formed to address specific technical
issues, at the direction of the Advisory Board. A subcommittee
will include one member of the Advisory Board, who shall act as
Chair of the Subcommittee. Other members of the Subcommittee
shall be individuals deemed by the Advisory Board to possess technical
competence in the specific subject area and asked to serve on the Subcommittee
by the Chair of that Subcommittee. Instructions to the Subcommittee
from the Advisory Board shall include a definition of the
specific technical subject involved, the issues in question and direction
as to the type and due date for reports.
ARTICLE V. Officers.
The members of the Advisory Board shall select a Chair, by
majority vote. The term of the Chair shall be two years.
A. Absence of the Chair.
In the absence of the duly elected Chair at an Advisory Board
meeting, the Advisory Board members present shall select an
acting Chair, by majority vote.
ARTICLE VI. Voting.
Each member of the Advisory Board shall be entitled to
exercise one vote in each matter placed before the Advisory Board
for which a vote is called for. Decisions of the Advisory Board
shall be by vote of the majority. Votes must be made by the
member; voting will not be done in absentia, by proxy or by stand-in
representatives. However, in the event that the position of the Advisory Board
must be determined and a meeting can not reasonably be rescheduled, members
may participate in the meeting and vote by telephone conference
Four Advisory Board members shall constitute a quorum. A
quorum must be present to conduct any Advisory Board business
requiring a vote.
ARTICLE VII. Meetings.
The Advisory Board shall meet upon the call of the Secretary
of the Department of Environmental Protection, but not less than
semiannually. Meetings may be called by the Chair as deemed
appropriate by at least three members of the Advisory Board.
A. Meeting Participation.
The Advisory Board meetings shall be open to the public. The
Advisory Board may receive and/or solicit input from those in
attendance at the meetings and/or by written submission from the
public desiring to bring matters to the attention of the Advisory
Board. Should a member of the public wish to place a substantive issue
before the Advisory Board for formal discussion at a meeting,
that individual or organization shall advise the Chair of the
Advisory Board, in writing, of the issue sufficiently in advance
of the meeting so that it can be considered for placing on that
meeting agenda. It shall be solely at the discretion of the Advisory Board
to determine if matters placed before it by the public lie within
its authority and are germane for discussion.
ARTICLE VIII. DEP Administration.
The Department of Environmental Protection, Bureau of Oil
& Gas Management, shall provide program and administrative
support to the Advisory Board. Program support shall include
framing of issues for the Advisory Board, providing necessary
information for Advisory Board discussions, assist with the development
of agendas and meeting schedules and providing input into nominees
for the Advisory Board. Administrative support shall include transcribing,
mailing and maintaining a permanent record of meeting minutes, mailing agendas
and materials to Advisory Board members prior to meetings, posting
agendas, handouts and meeting minutes on the DEP World Wide Web site
and the review and approval of travel and subsistence expenses.
ARTICLE IX. Amendment of Bylaws.
These Bylaws may be amended, repealed or altered in whole or
in part by a majority vote of the whole Advisory Board, provided
that a copy of the proposed amendment shall be mailed to each
member of the Advisory Board at least one month prior to the date
of the meeting.
ARTICLE X. Issues not covered by the Bylaws.
Substantive matters that are not covered by the Bylaws shall
be addressed by the Advisory Board for a determination of how
they will be handled. Meeting procedure shall be according to Robert’s
Rules of Order.