Bill Text: TX HB3328 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to the disclosure of the composition of hydraulic fracturing fluids used in hydraulic fracturing treatments.
Spectrum: Slight Partisan Bill (Republican 7-4)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB3328 Detail]
Download: Texas-2011-HB3328-Enrolled.html
H.B. No. 3328 |
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relating to the disclosure of the composition of hydraulic | ||
fracturing fluids used in hydraulic fracturing treatments. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 91, Natural Resources Code, is amended | ||
by adding Subchapter S to read as follows: | ||
SUBCHAPTER S. DISCLOSURE OF COMPOSITION OF HYDRAULIC FRACTURING | ||
FLUIDS | ||
Sec. 91.851. DISCLOSURE OF COMPOSITION OF HYDRAULIC | ||
FRACTURING FLUIDS. (a) The commission by rule shall: | ||
(1) require an operator of a well on which a hydraulic | ||
fracturing treatment is performed to: | ||
(A) complete the form posted on the hydraulic | ||
fracturing chemical registry Internet website of the Ground Water | ||
Protection Council and the Interstate Oil and Gas Compact | ||
Commission with regard to the well; | ||
(B) include in the form completed under Paragraph | ||
(A): | ||
(i) the total volume of water used in the | ||
hydraulic fracturing treatment; and | ||
(ii) each chemical ingredient that is | ||
subject to the requirements of 29 C.F.R. Section 1910.1200(g)(2), | ||
as provided by a service company or chemical supplier or by the | ||
operator, if the operator provides its own chemical ingredients; | ||
(C) post the completed form described by | ||
Paragraph (A) on the website described by that paragraph or, if the | ||
website is discontinued or permanently inoperable, post the | ||
completed form on another publicly accessible Internet website | ||
specified by the commission; | ||
(D) submit the completed form described by | ||
Paragraph (A) to the commission with the well completion report for | ||
the well; and | ||
(E) in addition to the completed form specified | ||
in Paragraph (D), provide to the commission a list, to be made | ||
available on a publicly accessible website, of all other chemical | ||
ingredients not listed on the completed form that were | ||
intentionally included and used for the purpose of creating a | ||
hydraulic fracturing treatment for the well. The commission rule | ||
shall ensure that an operator, service company, or supplier is not | ||
responsible for disclosing ingredients that: | ||
(i) were not purposely added to the | ||
hydraulic fracturing treatment; | ||
(ii) occur incidentally or are otherwise | ||
unintentionally present in the treatment; or | ||
(iii) in the case of the operator, are not | ||
disclosed to the operator by a service company or supplier. The | ||
commission rule shall not require that the ingredients be | ||
identified based on the additive in which they are found or that the | ||
concentration of such ingredients be provided; | ||
(2) require a service company that performs a | ||
hydraulic fracturing treatment on a well or a supplier of an | ||
additive used in a hydraulic fracturing treatment on a well to | ||
provide the operator of the well with the information necessary for | ||
the operator to comply with Subdivision (1); | ||
(3) prescribe a process by which an entity required to | ||
comply with Subdivision (1) or (2) may withhold and declare certain | ||
information as a trade secret for purposes of Section 552.110, | ||
Government Code, including the identity and amount of the chemical | ||
ingredient used in a hydraulic fracturing treatment; | ||
(4) require a person who desires to challenge a claim | ||
of entitlement to trade secret protection under Subdivision (3) to | ||
file the challenge not later than the second anniversary of the date | ||
the relevant well completion report is filed with the commission; | ||
(5) limit the persons who may challenge a claim of | ||
entitlement to trade secret protection under Subdivision (3) to: | ||
(A) the landowner on whose property the relevant | ||
well is located; | ||
(B) a landowner who owns property adjacent to | ||
property described by Paragraph (A); or | ||
(C) a department or agency of this state with | ||
jurisdiction over a matter to which the claimed trade secret is | ||
relevant; | ||
(6) require, in the event of a trade secret challenge, | ||
that the commission promptly notify the service company performing | ||
the hydraulic fracturing treatment on the relevant well, the | ||
supplier of the additive or chemical ingredient for which the trade | ||
secret claim is made, or any other owner of the trade secret being | ||
challenged and provide the owner an opportunity to substantiate its | ||
trade secret claim; and | ||
(7) prescribe a process, consistent with 29 C.F.R. | ||
Section 1910.1200, for an entity described by Subdivision (1) or | ||
(2) to provide information, including information that is a trade | ||
secret as defined by Appendix D to 29 C.F.R. Section 1910.1200, to a | ||
health professional or emergency responder who needs the | ||
information in accordance with Subsection (i) of that section. | ||
(b) The protection and challenge of trade secrets under this | ||
section is governed by Chapter 552, Government Code. | ||
SECTION 2. Subchapter S, Chapter 91, Natural Resources | ||
Code, as added by this Act, applies only to a hydraulic fracturing | ||
treatment performed on a well for which an initial drilling permit | ||
is issued on or after the date the initial rules adopted by the | ||
Railroad Commission of Texas under that subchapter take effect. A | ||
hydraulic fracturing treatment performed on a well for which an | ||
initial drilling permit is issued before the date the initial rules | ||
take effect is governed by the law as it existed immediately before | ||
the effective date of this Act, and that law is continued in effect | ||
for that purpose. | ||
SECTION 3. The Railroad Commission of Texas shall adopt | ||
rules under Subchapter S, Chapter 91, Natural Resources Code, as | ||
added by this Act, not later than July 1, 2012, with the exception | ||
of those rules under Paragraph (E), which are to be adopted not | ||
later than July 1, 2013. | ||
SECTION 4. This Act takes effect September 1, 2011. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3328 was passed by the House on May | ||
12, 2011, by the following vote: Yeas 133, Nays 12, 2 present, not | ||
voting; that the House refused to concur in Senate amendments to | ||
H.B. No. 3328 on May 27, 2011, and requested the appointment of a | ||
conference committee to consider the differences between the two | ||
houses; and that the House adopted the conference committee report | ||
on H.B. No. 3328 on May 29, 2011, by the following vote: Yeas 137, | ||
Nays 8, 2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3328 was passed by the Senate, with | ||
amendments, on May 25, 2011, by the following vote: Yeas 31, Nays | ||
0; at the request of the House, the Senate appointed a conference | ||
committee to consider the differences between the two houses; and | ||
that the Senate adopted the conference committee report on H.B. No. | ||
3328 on May 29, 2011, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |