Bill Text: TX HB3328 | 2011-2012 | 82nd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Comm_Sub.html
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-Comm_Sub.html
82R26564 SMH-F | |||
By: Keffer, Crownover, Burnam, Parker, | H.B. No. 3328 | ||
Strama, et al. | |||
Substitute the following for H.B. No. 3328: | |||
By: Keffer | C.S.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. 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 used in the | ||
hydraulic fracturing treatment, regardless of whether the | ||
ingredient is subject to the requirements of 29 C.F.R. Section | ||
1910.1200(g)(2); | ||
(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; and | ||
(D) submit the completed form described by | ||
Paragraph (A) to the commission with the well completion report for | ||
the well; | ||
(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 designate certain | ||
information, including the identity and amount of a chemical | ||
ingredient used in a hydraulic fracturing treatment, as a trade | ||
secret for purposes of Section 552.110, Government Code, or, if | ||
that section is repealed, for purposes of 40 C.F.R. Part 350, | ||
Subpart A; | ||
(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; and | ||
(6) prescribe an efficient process 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. | ||
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 January 1, 2012. | ||
SECTION 4. This Act takes effect September 1, 2011. |