Amended IN Senate June 29, 2017 Amended IN Senate June 21, 2017 Amended IN Assembly May 30, 2017 Amended IN Assembly April 17, 2017 Amended IN Assembly April 03, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1328Introduced by Assembly Member LimnFebruary 17, 2017An act to add Section 3227.7 to the Public Resources Code, relating to oil and gas.LEGISLATIVE COUNSEL'S DIGESTAB 1328, as amended, Limn. Oil and gas: wells.Under existing law, the Division of Oil, Gas, and Geothermal Resources in the Department of Conservation regulates the drilling, operation, maintenance, and abandonment of oil and gas wells in the state. Existing law requires the owner of any well to file with the State Oil and Gas Supervisor a monthly statement that provides certain information relating to the well, including the amount of water produced from each well. Existing law provides that a person who fails to comply with specific laws relating to the regulation of oil or gas operations, including failing to furnish a report or record, is guilty of a misdemeanor.This bill would require the owner or operator of an oil or gas well in a field from which the disposition of wastewater includes discharge to surface or land to disclose quarterly to the division, beginning on or before July 1, 2018, and in a format determined by the division, specified information relating to chemicals and additives injected or added to the well. The bill would authorize the owner or operator of multiple wells to disclose information on the wells collectively, on a per-field basis. The bill would authorize the division, the State Water Resources Control Board, or the applicable regional water quality control board to request from the owner or operator of a well, or a supplier of a chemical or additive disclosed pursuant to these provisions, additional data or chemical analyses of that chemical or additive to enhance the entitys injection fluid analysis or to determine the potential consequences of the chemical or additive for the environment and human health. The bill would also require a supplier that performs any part of the operation to inject or add a chemical or additive to the well or has provided the chemical or additive directly to the owner or operator of the well to furnish the owner or operator with information needed for the owner or operator to comply with the quarterly disclosure requirement or a request for additional data. Because a violation of these requirements would be a crime, the bill would impose a state-mandated local program. The bill would require the division to provide the information received pursuant to these provisions on its Internet Web site. The bill would establish specified procedures and requirements applicable to a claim for trade secret protection for information required to be disclosed pursuant to these provisions.This bill would require the division to establish a chemical use data collection and reporting program to support determinations made by the State Water Resources Control Board and the applicable California regional water quality control boards regarding the permit status of wastewater discharges to surface or land in connection with the production of oil or gas, or both. The bill would require the data collected under the program to be posted on the Internet Web site of the division, the state board, or the applicable regional boards. The bill would authorize the division to compel chemical suppliers to disclose trade secret information about chemicals subject to the program. The bill would provide for the division to share trade secret information under the program with the state board and the applicable regional boards pursuant to a data sharing agreement, as specified, and would otherwise prohibit disclosure of the information. Because a violation of a requirement to disclose information to the division under the program would be a crime, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) The state collects information on all chemicals used in well stimulation treatments as a result of the passage of Senate Bill 4 of the 201314 Regular Session (Chapter 313 of the Statutes of 2013).(b) The California Council on Science and Technology identified the unlimited use of hazardous chemicals in well stimulation treatments as a potential hazard to water quality and health.(c) Many of those same chemicals are used in well stimulation treatments, as well as numerous other potentially hazardous chemicals that are used in other oil field activities, yet there has been no systematic collection of chemical information, resulting in data gaps for chemical use in oil fields.(d) In order to more effectively regulate the oil and gas industry to better protect water resources and human health, regulators and the public must have access to complete information on chemicals used in oil and gas operations.SEC. 2. Section 3227.7 is added to the Public Resources Code, to read:3227.7.(a)For the purposes of this section, field has the same meaning as that term is defined in Section 3227.6.(b)Beginning on or before July 1, 2018, if disposition of wastewater produced from an oil or gas field includes discharge to surface or land, the owner or operator of an oil or gas well in the field shall disclose quarterly to the division, in a format determined by the division in consultation with the applicable California regional water quality control board, all of the following information:(1)A complete list of the names and Chemical Abstract Service (CAS) numbers of each chemical and additive injected or added to the well. If a CAS number does not exist for a chemical or additive, the owner or operator may provide the molecular formula for the chemical or additive or another unique identifier, if available.(2)The amount of each chemical and additive injected or added to the well, in a unit of measurement determined by the division and the applicable California regional water quality control board.(3)A brief description of the intended purpose for each chemical and additive injected or added to the well.(c)The owner or operator of multiple oil or gas wells may comply with the requirement under subdivision (b) by disclosing information on the wells collectively, on a per-field basis.(d)The division, the State Water Resources Control Board, or the applicable California regional water quality control board, as appropriate, may request from the owner or operator of an oil or gas well, or a supplier of a chemical or additive disclosed pursuant to subdivision (b), additional data or chemical analyses of that chemical or additive to enhance the entitys injection fluid analysis or to determine the potential consequences of the chemical or additive for the environment and human health.(e)If a chemical or additive is injected or added to an oil or gas well, a supplier that performs any part of the operation to inject or add the chemical or additive to the well or has provided the chemical or additive directly to the owner or operator of the well shall furnish the owner or operator with information suitable for public disclosure needed for the owner or operator to comply with the requirement under subdivision (b), or with a request under subdivision (d). The division and the applicable California regional quality control board shall determine the manner in which the information shall be furnished.(f)On or before November 1, 2018, the division shall provide updated information on the chemical or additive data disclosed pursuant to subdivision (b) on the divisions Internet Web site.(g)(1)Public disclosure of information about chemical constituents injected or added to a well that is claimed to contain trade secrets is governed by Section 1060 of the Evidence Code, or the Uniform Trade Secrets Act (Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code), and the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).(2)Notwithstanding any other law or regulation, none of the following information shall be protected as a trade secret:(A)The identities of the chemical constituents, including CAS identification numbers.(B)The concentrations of the chemical constituents.(C)Any air or other pollution monitoring data.(D)Health and safety data associated with the chemical constituents.(E)The chemical composition of the wastewater produced from the well.(3)If a trade secret claim is invalid or invalidated, the division shall release the information to the public by revising the information released pursuant to subdivision (f). The supplier shall notify the division of any change in status within 30 days.(4)(A)If a supplier believes that information regarding a chemical constituent is a trade secret, the supplier shall nevertheless disclose the information to the division in conjunction with the disclosure required pursuant to subdivision (b), and shall notify the division in writing of that belief.(B)A trade secret claim shall not be made after initial disclosure of the information to the division.(C)To comply with the public disclosure requirements of this section, the supplier shall indicate where trade secret information has been withheld and provide substitute information for public disclosure. The substitute information shall be a list, in any order, of the chemical constituents, including CAS identification numbers. The division shall review and approve the supplied substitute information.(D)This subdivision does not permit a supplier to refuse to disclose the information required pursuant to this section to the division.(5)In order to substantiate the trade secret claim, the supplier shall provide information to the division that shows all of the following:(A)The extent to which the trade secret information is known by the suppliers employees and others involved in the suppliers business and outside the suppliers business.(B)The measures taken by the supplier to guard the secrecy of the trade secret information.(C)The value of the trade secret information to the supplier and its competitors.(D)The amount of effort or money the supplier expended developing the trade secret information and the ease or difficulty with which the trade secret information could be acquired or duplicated by others.(6)If the division determines that the information provided in support of a request for trade secret protection pursuant to paragraph (5) is incomplete, the division shall notify the supplier and the supplier shall have 30 days to complete the submission. An incomplete submission does not meet the substantive criteria for trade secret designation.(7)If the division determines that the information provided in support of a request for trade secret protection does not meet the substantive criteria for trade secret designation, the department shall notify the supplier by certified mail of its determination. The division shall release the information to the public, but not earlier than 60 days after the date of mailing the determination, unless, prior to the expiration of the 60-day period, the supplier obtains an action in an appropriate court for a declaratory judgment that the information is subject to protection or for a preliminary injunction prohibiting disclosure of the information to the public and provides notice to the division of that action.(8)The supplier is not required to disclose trade secret information to the owner or operator of the well.(9)Upon receipt of a request for the release of trade secret information to the public, the following procedure applies:(A)The division shall notify the supplier of the request in writing by certified mail, return receipt requested.(B)The division shall release the information to the public, but not earlier than 60 days after the date of mailing the notice of the request for information, unless, prior to the expiration of the 60-day period, the supplier obtains an action in an appropriate court for a declaratory judgment that the information is subject to protection or for a preliminary injunction prohibiting disclosure of the information to the public and provides notice to the division of that action.(10)The division shall develop a timely procedure to provide trade secret information in the following circumstances:(A)To an officer or employee of the division, the state, local governments, including, but not limited to, local air districts, or the United States, in connection with the official duties of that officer or employee, to a health professional under any law for the protection of health, or to contractors with the division or other government entities and their employees if, in the opinion of the division, disclosure is necessary and required for the satisfactory performance of a contract, for performance of work, or to protect health and safety.(B)To a health professional in the event of an emergency or to diagnose or treat a patient.(C)In order to protect public health, to any health professional, toxicologist, or epidemiologist who is employed in the field of public health and who provides a written statement of need. The written statement of need shall include the public health purposes of the disclosure and shall explain the reason the disclosure of the specific chemical and its concentration is required.(D)A health professional may share trade secret information with other persons as may be professionally necessary, in order to diagnose or treat a patient, including, but not limited to, the patient and other health professionals, subject to state and federal laws restricting disclosure of medical records including, but not limited to, Chapter 2 (commencing with Section 56.10) of Part 2.6 of Division 1 of the Civil Code.(E)For purposes of this paragraph, health professional means any person licensed or certified pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code, the Osteopathic Initiative Act, the Chiropractic Initiative Act, or the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act (Division 2.5 (commencing with Section 1797) of the Health and Safety Code).(F)A person in possession of, or with access to, confidential trade secret information pursuant to the provisions of this subdivision may disclose this information to any person who is authorized to receive it. A written confidentiality agreement shall not be required.(h)Nothing in this section shall be construed to limit the authority of the State Water Resources Control Board or a California regional water quality control board pursuant to other provisions of law.3227.7. (a) For purposes of this section:(1) State board means the State Water Resources Control Board.(2) Regional board means a California regional water quality control board.(3) Program means the program established pursuant to subdivision (b).(b) The division shall establish a chemical use data collection and reporting program to support determinations made by the state board and the applicable regional boards regarding the permit status of wastewater discharges to surface or land in connection with the production of oil or gas, or both.(c) Except as provided in subdivision (f), the data collected by the division under the program shall be made available to the public on the Internet Web site of the division, the state board, or the applicable regional board.(d) The division shall have the authority to compel suppliers of chemicals that are subject to the program to disclose trade secret information about those chemicals to the division.(e) The division, the state board, and the applicable regional boards shall, by mutual agreement, develop and implement a data sharing agreement for the sharing of trade secret information about chemicals that is collected by the division under the program. The agreement shall provide for disclosure of the trade secret information by the division to officers or employees of the state board or the applicable regional board who are in an appropriate position of authority and responsibility to receive that information.(f) Trade secret information about chemicals that is collected by the division under the program is confidential and shall not be disclosed, except under the data sharing agreement entered into pursuant to subdivision (e). The division, the state board, and the applicable regional boards shall protect that information from disclosure to the public and shall not post that information online pursuant to subdivision (c).SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
Amended IN Senate June 29, 2017 Amended IN Senate June 21, 2017 Amended IN Assembly May 30, 2017 Amended IN Assembly April 17, 2017 Amended IN Assembly April 03, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1328Introduced by Assembly Member LimnFebruary 17, 2017An act to add Section 3227.7 to the Public Resources Code, relating to oil and gas.LEGISLATIVE COUNSEL'S DIGESTAB 1328, as amended, Limn. Oil and gas: wells.Under existing law, the Division of Oil, Gas, and Geothermal Resources in the Department of Conservation regulates the drilling, operation, maintenance, and abandonment of oil and gas wells in the state. Existing law requires the owner of any well to file with the State Oil and Gas Supervisor a monthly statement that provides certain information relating to the well, including the amount of water produced from each well. Existing law provides that a person who fails to comply with specific laws relating to the regulation of oil or gas operations, including failing to furnish a report or record, is guilty of a misdemeanor.This bill would require the owner or operator of an oil or gas well in a field from which the disposition of wastewater includes discharge to surface or land to disclose quarterly to the division, beginning on or before July 1, 2018, and in a format determined by the division, specified information relating to chemicals and additives injected or added to the well. The bill would authorize the owner or operator of multiple wells to disclose information on the wells collectively, on a per-field basis. The bill would authorize the division, the State Water Resources Control Board, or the applicable regional water quality control board to request from the owner or operator of a well, or a supplier of a chemical or additive disclosed pursuant to these provisions, additional data or chemical analyses of that chemical or additive to enhance the entitys injection fluid analysis or to determine the potential consequences of the chemical or additive for the environment and human health. The bill would also require a supplier that performs any part of the operation to inject or add a chemical or additive to the well or has provided the chemical or additive directly to the owner or operator of the well to furnish the owner or operator with information needed for the owner or operator to comply with the quarterly disclosure requirement or a request for additional data. Because a violation of these requirements would be a crime, the bill would impose a state-mandated local program. The bill would require the division to provide the information received pursuant to these provisions on its Internet Web site. The bill would establish specified procedures and requirements applicable to a claim for trade secret protection for information required to be disclosed pursuant to these provisions.This bill would require the division to establish a chemical use data collection and reporting program to support determinations made by the State Water Resources Control Board and the applicable California regional water quality control boards regarding the permit status of wastewater discharges to surface or land in connection with the production of oil or gas, or both. The bill would require the data collected under the program to be posted on the Internet Web site of the division, the state board, or the applicable regional boards. The bill would authorize the division to compel chemical suppliers to disclose trade secret information about chemicals subject to the program. The bill would provide for the division to share trade secret information under the program with the state board and the applicable regional boards pursuant to a data sharing agreement, as specified, and would otherwise prohibit disclosure of the information. Because a violation of a requirement to disclose information to the division under the program would be a crime, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
Amended IN Senate June 29, 2017 Amended IN Senate June 21, 2017 Amended IN Assembly May 30, 2017 Amended IN Assembly April 17, 2017 Amended IN Assembly April 03, 2017
Amended IN Senate June 29, 2017
Amended IN Senate June 21, 2017
Amended IN Assembly May 30, 2017
Amended IN Assembly April 17, 2017
Amended IN Assembly April 03, 2017
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 1328
Introduced by Assembly Member LimnFebruary 17, 2017
Introduced by Assembly Member Limn
February 17, 2017
An act to add Section 3227.7 to the Public Resources Code, relating to oil and gas.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1328, as amended, Limn. Oil and gas: wells.
Under existing law, the Division of Oil, Gas, and Geothermal Resources in the Department of Conservation regulates the drilling, operation, maintenance, and abandonment of oil and gas wells in the state. Existing law requires the owner of any well to file with the State Oil and Gas Supervisor a monthly statement that provides certain information relating to the well, including the amount of water produced from each well. Existing law provides that a person who fails to comply with specific laws relating to the regulation of oil or gas operations, including failing to furnish a report or record, is guilty of a misdemeanor.This bill would require the owner or operator of an oil or gas well in a field from which the disposition of wastewater includes discharge to surface or land to disclose quarterly to the division, beginning on or before July 1, 2018, and in a format determined by the division, specified information relating to chemicals and additives injected or added to the well. The bill would authorize the owner or operator of multiple wells to disclose information on the wells collectively, on a per-field basis. The bill would authorize the division, the State Water Resources Control Board, or the applicable regional water quality control board to request from the owner or operator of a well, or a supplier of a chemical or additive disclosed pursuant to these provisions, additional data or chemical analyses of that chemical or additive to enhance the entitys injection fluid analysis or to determine the potential consequences of the chemical or additive for the environment and human health. The bill would also require a supplier that performs any part of the operation to inject or add a chemical or additive to the well or has provided the chemical or additive directly to the owner or operator of the well to furnish the owner or operator with information needed for the owner or operator to comply with the quarterly disclosure requirement or a request for additional data. Because a violation of these requirements would be a crime, the bill would impose a state-mandated local program. The bill would require the division to provide the information received pursuant to these provisions on its Internet Web site. The bill would establish specified procedures and requirements applicable to a claim for trade secret protection for information required to be disclosed pursuant to these provisions.This bill would require the division to establish a chemical use data collection and reporting program to support determinations made by the State Water Resources Control Board and the applicable California regional water quality control boards regarding the permit status of wastewater discharges to surface or land in connection with the production of oil or gas, or both. The bill would require the data collected under the program to be posted on the Internet Web site of the division, the state board, or the applicable regional boards. The bill would authorize the division to compel chemical suppliers to disclose trade secret information about chemicals subject to the program. The bill would provide for the division to share trade secret information under the program with the state board and the applicable regional boards pursuant to a data sharing agreement, as specified, and would otherwise prohibit disclosure of the information. Because a violation of a requirement to disclose information to the division under the program would be a crime, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
Under existing law, the Division of Oil, Gas, and Geothermal Resources in the Department of Conservation regulates the drilling, operation, maintenance, and abandonment of oil and gas wells in the state. Existing law requires the owner of any well to file with the State Oil and Gas Supervisor a monthly statement that provides certain information relating to the well, including the amount of water produced from each well. Existing law provides that a person who fails to comply with specific laws relating to the regulation of oil or gas operations, including failing to furnish a report or record, is guilty of a misdemeanor.
This bill would require the owner or operator of an oil or gas well in a field from which the disposition of wastewater includes discharge to surface or land to disclose quarterly to the division, beginning on or before July 1, 2018, and in a format determined by the division, specified information relating to chemicals and additives injected or added to the well. The bill would authorize the owner or operator of multiple wells to disclose information on the wells collectively, on a per-field basis. The bill would authorize the division, the State Water Resources Control Board, or the applicable regional water quality control board to request from the owner or operator of a well, or a supplier of a chemical or additive disclosed pursuant to these provisions, additional data or chemical analyses of that chemical or additive to enhance the entitys injection fluid analysis or to determine the potential consequences of the chemical or additive for the environment and human health. The bill would also require a supplier that performs any part of the operation to inject or add a chemical or additive to the well or has provided the chemical or additive directly to the owner or operator of the well to furnish the owner or operator with information needed for the owner or operator to comply with the quarterly disclosure requirement or a request for additional data. Because a violation of these requirements would be a crime, the bill would impose a state-mandated local program. The bill would require the division to provide the information received pursuant to these provisions on its Internet Web site. The bill would establish specified procedures and requirements applicable to a claim for trade secret protection for information required to be disclosed pursuant to these provisions.
This bill would require the division to establish a chemical use data collection and reporting program to support determinations made by the State Water Resources Control Board and the applicable California regional water quality control boards regarding the permit status of wastewater discharges to surface or land in connection with the production of oil or gas, or both. The bill would require the data collected under the program to be posted on the Internet Web site of the division, the state board, or the applicable regional boards. The bill would authorize the division to compel chemical suppliers to disclose trade secret information about chemicals subject to the program. The bill would provide for the division to share trade secret information under the program with the state board and the applicable regional boards pursuant to a data sharing agreement, as specified, and would otherwise prohibit disclosure of the information. Because a violation of a requirement to disclose information to the division under the program would be a crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) The state collects information on all chemicals used in well stimulation treatments as a result of the passage of Senate Bill 4 of the 201314 Regular Session (Chapter 313 of the Statutes of 2013).(b) The California Council on Science and Technology identified the unlimited use of hazardous chemicals in well stimulation treatments as a potential hazard to water quality and health.(c) Many of those same chemicals are used in well stimulation treatments, as well as numerous other potentially hazardous chemicals that are used in other oil field activities, yet there has been no systematic collection of chemical information, resulting in data gaps for chemical use in oil fields.(d) In order to more effectively regulate the oil and gas industry to better protect water resources and human health, regulators and the public must have access to complete information on chemicals used in oil and gas operations.SEC. 2. Section 3227.7 is added to the Public Resources Code, to read:3227.7.(a)For the purposes of this section, field has the same meaning as that term is defined in Section 3227.6.(b)Beginning on or before July 1, 2018, if disposition of wastewater produced from an oil or gas field includes discharge to surface or land, the owner or operator of an oil or gas well in the field shall disclose quarterly to the division, in a format determined by the division in consultation with the applicable California regional water quality control board, all of the following information:(1)A complete list of the names and Chemical Abstract Service (CAS) numbers of each chemical and additive injected or added to the well. If a CAS number does not exist for a chemical or additive, the owner or operator may provide the molecular formula for the chemical or additive or another unique identifier, if available.(2)The amount of each chemical and additive injected or added to the well, in a unit of measurement determined by the division and the applicable California regional water quality control board.(3)A brief description of the intended purpose for each chemical and additive injected or added to the well.(c)The owner or operator of multiple oil or gas wells may comply with the requirement under subdivision (b) by disclosing information on the wells collectively, on a per-field basis.(d)The division, the State Water Resources Control Board, or the applicable California regional water quality control board, as appropriate, may request from the owner or operator of an oil or gas well, or a supplier of a chemical or additive disclosed pursuant to subdivision (b), additional data or chemical analyses of that chemical or additive to enhance the entitys injection fluid analysis or to determine the potential consequences of the chemical or additive for the environment and human health.(e)If a chemical or additive is injected or added to an oil or gas well, a supplier that performs any part of the operation to inject or add the chemical or additive to the well or has provided the chemical or additive directly to the owner or operator of the well shall furnish the owner or operator with information suitable for public disclosure needed for the owner or operator to comply with the requirement under subdivision (b), or with a request under subdivision (d). The division and the applicable California regional quality control board shall determine the manner in which the information shall be furnished.(f)On or before November 1, 2018, the division shall provide updated information on the chemical or additive data disclosed pursuant to subdivision (b) on the divisions Internet Web site.(g)(1)Public disclosure of information about chemical constituents injected or added to a well that is claimed to contain trade secrets is governed by Section 1060 of the Evidence Code, or the Uniform Trade Secrets Act (Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code), and the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).(2)Notwithstanding any other law or regulation, none of the following information shall be protected as a trade secret:(A)The identities of the chemical constituents, including CAS identification numbers.(B)The concentrations of the chemical constituents.(C)Any air or other pollution monitoring data.(D)Health and safety data associated with the chemical constituents.(E)The chemical composition of the wastewater produced from the well.(3)If a trade secret claim is invalid or invalidated, the division shall release the information to the public by revising the information released pursuant to subdivision (f). The supplier shall notify the division of any change in status within 30 days.(4)(A)If a supplier believes that information regarding a chemical constituent is a trade secret, the supplier shall nevertheless disclose the information to the division in conjunction with the disclosure required pursuant to subdivision (b), and shall notify the division in writing of that belief.(B)A trade secret claim shall not be made after initial disclosure of the information to the division.(C)To comply with the public disclosure requirements of this section, the supplier shall indicate where trade secret information has been withheld and provide substitute information for public disclosure. The substitute information shall be a list, in any order, of the chemical constituents, including CAS identification numbers. The division shall review and approve the supplied substitute information.(D)This subdivision does not permit a supplier to refuse to disclose the information required pursuant to this section to the division.(5)In order to substantiate the trade secret claim, the supplier shall provide information to the division that shows all of the following:(A)The extent to which the trade secret information is known by the suppliers employees and others involved in the suppliers business and outside the suppliers business.(B)The measures taken by the supplier to guard the secrecy of the trade secret information.(C)The value of the trade secret information to the supplier and its competitors.(D)The amount of effort or money the supplier expended developing the trade secret information and the ease or difficulty with which the trade secret information could be acquired or duplicated by others.(6)If the division determines that the information provided in support of a request for trade secret protection pursuant to paragraph (5) is incomplete, the division shall notify the supplier and the supplier shall have 30 days to complete the submission. An incomplete submission does not meet the substantive criteria for trade secret designation.(7)If the division determines that the information provided in support of a request for trade secret protection does not meet the substantive criteria for trade secret designation, the department shall notify the supplier by certified mail of its determination. The division shall release the information to the public, but not earlier than 60 days after the date of mailing the determination, unless, prior to the expiration of the 60-day period, the supplier obtains an action in an appropriate court for a declaratory judgment that the information is subject to protection or for a preliminary injunction prohibiting disclosure of the information to the public and provides notice to the division of that action.(8)The supplier is not required to disclose trade secret information to the owner or operator of the well.(9)Upon receipt of a request for the release of trade secret information to the public, the following procedure applies:(A)The division shall notify the supplier of the request in writing by certified mail, return receipt requested.(B)The division shall release the information to the public, but not earlier than 60 days after the date of mailing the notice of the request for information, unless, prior to the expiration of the 60-day period, the supplier obtains an action in an appropriate court for a declaratory judgment that the information is subject to protection or for a preliminary injunction prohibiting disclosure of the information to the public and provides notice to the division of that action.(10)The division shall develop a timely procedure to provide trade secret information in the following circumstances:(A)To an officer or employee of the division, the state, local governments, including, but not limited to, local air districts, or the United States, in connection with the official duties of that officer or employee, to a health professional under any law for the protection of health, or to contractors with the division or other government entities and their employees if, in the opinion of the division, disclosure is necessary and required for the satisfactory performance of a contract, for performance of work, or to protect health and safety.(B)To a health professional in the event of an emergency or to diagnose or treat a patient.(C)In order to protect public health, to any health professional, toxicologist, or epidemiologist who is employed in the field of public health and who provides a written statement of need. The written statement of need shall include the public health purposes of the disclosure and shall explain the reason the disclosure of the specific chemical and its concentration is required.(D)A health professional may share trade secret information with other persons as may be professionally necessary, in order to diagnose or treat a patient, including, but not limited to, the patient and other health professionals, subject to state and federal laws restricting disclosure of medical records including, but not limited to, Chapter 2 (commencing with Section 56.10) of Part 2.6 of Division 1 of the Civil Code.(E)For purposes of this paragraph, health professional means any person licensed or certified pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code, the Osteopathic Initiative Act, the Chiropractic Initiative Act, or the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act (Division 2.5 (commencing with Section 1797) of the Health and Safety Code).(F)A person in possession of, or with access to, confidential trade secret information pursuant to the provisions of this subdivision may disclose this information to any person who is authorized to receive it. A written confidentiality agreement shall not be required.(h)Nothing in this section shall be construed to limit the authority of the State Water Resources Control Board or a California regional water quality control board pursuant to other provisions of law.3227.7. (a) For purposes of this section:(1) State board means the State Water Resources Control Board.(2) Regional board means a California regional water quality control board.(3) Program means the program established pursuant to subdivision (b).(b) The division shall establish a chemical use data collection and reporting program to support determinations made by the state board and the applicable regional boards regarding the permit status of wastewater discharges to surface or land in connection with the production of oil or gas, or both.(c) Except as provided in subdivision (f), the data collected by the division under the program shall be made available to the public on the Internet Web site of the division, the state board, or the applicable regional board.(d) The division shall have the authority to compel suppliers of chemicals that are subject to the program to disclose trade secret information about those chemicals to the division.(e) The division, the state board, and the applicable regional boards shall, by mutual agreement, develop and implement a data sharing agreement for the sharing of trade secret information about chemicals that is collected by the division under the program. The agreement shall provide for disclosure of the trade secret information by the division to officers or employees of the state board or the applicable regional board who are in an appropriate position of authority and responsibility to receive that information.(f) Trade secret information about chemicals that is collected by the division under the program is confidential and shall not be disclosed, except under the data sharing agreement entered into pursuant to subdivision (e). The division, the state board, and the applicable regional boards shall protect that information from disclosure to the public and shall not post that information online pursuant to subdivision (c).SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares all of the following:(a) The state collects information on all chemicals used in well stimulation treatments as a result of the passage of Senate Bill 4 of the 201314 Regular Session (Chapter 313 of the Statutes of 2013).(b) The California Council on Science and Technology identified the unlimited use of hazardous chemicals in well stimulation treatments as a potential hazard to water quality and health.(c) Many of those same chemicals are used in well stimulation treatments, as well as numerous other potentially hazardous chemicals that are used in other oil field activities, yet there has been no systematic collection of chemical information, resulting in data gaps for chemical use in oil fields.(d) In order to more effectively regulate the oil and gas industry to better protect water resources and human health, regulators and the public must have access to complete information on chemicals used in oil and gas operations.
SECTION 1. The Legislature finds and declares all of the following:(a) The state collects information on all chemicals used in well stimulation treatments as a result of the passage of Senate Bill 4 of the 201314 Regular Session (Chapter 313 of the Statutes of 2013).(b) The California Council on Science and Technology identified the unlimited use of hazardous chemicals in well stimulation treatments as a potential hazard to water quality and health.(c) Many of those same chemicals are used in well stimulation treatments, as well as numerous other potentially hazardous chemicals that are used in other oil field activities, yet there has been no systematic collection of chemical information, resulting in data gaps for chemical use in oil fields.(d) In order to more effectively regulate the oil and gas industry to better protect water resources and human health, regulators and the public must have access to complete information on chemicals used in oil and gas operations.
SECTION 1. The Legislature finds and declares all of the following:
### SECTION 1.
(a) The state collects information on all chemicals used in well stimulation treatments as a result of the passage of Senate Bill 4 of the 201314 Regular Session (Chapter 313 of the Statutes of 2013).
(b) The California Council on Science and Technology identified the unlimited use of hazardous chemicals in well stimulation treatments as a potential hazard to water quality and health.
(c) Many of those same chemicals are used in well stimulation treatments, as well as numerous other potentially hazardous chemicals that are used in other oil field activities, yet there has been no systematic collection of chemical information, resulting in data gaps for chemical use in oil fields.
(d) In order to more effectively regulate the oil and gas industry to better protect water resources and human health, regulators and the public must have access to complete information on chemicals used in oil and gas operations.
SEC. 2. Section 3227.7 is added to the Public Resources Code, to read:3227.7.(a)For the purposes of this section, field has the same meaning as that term is defined in Section 3227.6.(b)Beginning on or before July 1, 2018, if disposition of wastewater produced from an oil or gas field includes discharge to surface or land, the owner or operator of an oil or gas well in the field shall disclose quarterly to the division, in a format determined by the division in consultation with the applicable California regional water quality control board, all of the following information:(1)A complete list of the names and Chemical Abstract Service (CAS) numbers of each chemical and additive injected or added to the well. If a CAS number does not exist for a chemical or additive, the owner or operator may provide the molecular formula for the chemical or additive or another unique identifier, if available.(2)The amount of each chemical and additive injected or added to the well, in a unit of measurement determined by the division and the applicable California regional water quality control board.(3)A brief description of the intended purpose for each chemical and additive injected or added to the well.(c)The owner or operator of multiple oil or gas wells may comply with the requirement under subdivision (b) by disclosing information on the wells collectively, on a per-field basis.(d)The division, the State Water Resources Control Board, or the applicable California regional water quality control board, as appropriate, may request from the owner or operator of an oil or gas well, or a supplier of a chemical or additive disclosed pursuant to subdivision (b), additional data or chemical analyses of that chemical or additive to enhance the entitys injection fluid analysis or to determine the potential consequences of the chemical or additive for the environment and human health.(e)If a chemical or additive is injected or added to an oil or gas well, a supplier that performs any part of the operation to inject or add the chemical or additive to the well or has provided the chemical or additive directly to the owner or operator of the well shall furnish the owner or operator with information suitable for public disclosure needed for the owner or operator to comply with the requirement under subdivision (b), or with a request under subdivision (d). The division and the applicable California regional quality control board shall determine the manner in which the information shall be furnished.(f)On or before November 1, 2018, the division shall provide updated information on the chemical or additive data disclosed pursuant to subdivision (b) on the divisions Internet Web site.(g)(1)Public disclosure of information about chemical constituents injected or added to a well that is claimed to contain trade secrets is governed by Section 1060 of the Evidence Code, or the Uniform Trade Secrets Act (Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code), and the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).(2)Notwithstanding any other law or regulation, none of the following information shall be protected as a trade secret:(A)The identities of the chemical constituents, including CAS identification numbers.(B)The concentrations of the chemical constituents.(C)Any air or other pollution monitoring data.(D)Health and safety data associated with the chemical constituents.(E)The chemical composition of the wastewater produced from the well.(3)If a trade secret claim is invalid or invalidated, the division shall release the information to the public by revising the information released pursuant to subdivision (f). The supplier shall notify the division of any change in status within 30 days.(4)(A)If a supplier believes that information regarding a chemical constituent is a trade secret, the supplier shall nevertheless disclose the information to the division in conjunction with the disclosure required pursuant to subdivision (b), and shall notify the division in writing of that belief.(B)A trade secret claim shall not be made after initial disclosure of the information to the division.(C)To comply with the public disclosure requirements of this section, the supplier shall indicate where trade secret information has been withheld and provide substitute information for public disclosure. The substitute information shall be a list, in any order, of the chemical constituents, including CAS identification numbers. The division shall review and approve the supplied substitute information.(D)This subdivision does not permit a supplier to refuse to disclose the information required pursuant to this section to the division.(5)In order to substantiate the trade secret claim, the supplier shall provide information to the division that shows all of the following:(A)The extent to which the trade secret information is known by the suppliers employees and others involved in the suppliers business and outside the suppliers business.(B)The measures taken by the supplier to guard the secrecy of the trade secret information.(C)The value of the trade secret information to the supplier and its competitors.(D)The amount of effort or money the supplier expended developing the trade secret information and the ease or difficulty with which the trade secret information could be acquired or duplicated by others.(6)If the division determines that the information provided in support of a request for trade secret protection pursuant to paragraph (5) is incomplete, the division shall notify the supplier and the supplier shall have 30 days to complete the submission. An incomplete submission does not meet the substantive criteria for trade secret designation.(7)If the division determines that the information provided in support of a request for trade secret protection does not meet the substantive criteria for trade secret designation, the department shall notify the supplier by certified mail of its determination. The division shall release the information to the public, but not earlier than 60 days after the date of mailing the determination, unless, prior to the expiration of the 60-day period, the supplier obtains an action in an appropriate court for a declaratory judgment that the information is subject to protection or for a preliminary injunction prohibiting disclosure of the information to the public and provides notice to the division of that action.(8)The supplier is not required to disclose trade secret information to the owner or operator of the well.(9)Upon receipt of a request for the release of trade secret information to the public, the following procedure applies:(A)The division shall notify the supplier of the request in writing by certified mail, return receipt requested.(B)The division shall release the information to the public, but not earlier than 60 days after the date of mailing the notice of the request for information, unless, prior to the expiration of the 60-day period, the supplier obtains an action in an appropriate court for a declaratory judgment that the information is subject to protection or for a preliminary injunction prohibiting disclosure of the information to the public and provides notice to the division of that action.(10)The division shall develop a timely procedure to provide trade secret information in the following circumstances:(A)To an officer or employee of the division, the state, local governments, including, but not limited to, local air districts, or the United States, in connection with the official duties of that officer or employee, to a health professional under any law for the protection of health, or to contractors with the division or other government entities and their employees if, in the opinion of the division, disclosure is necessary and required for the satisfactory performance of a contract, for performance of work, or to protect health and safety.(B)To a health professional in the event of an emergency or to diagnose or treat a patient.(C)In order to protect public health, to any health professional, toxicologist, or epidemiologist who is employed in the field of public health and who provides a written statement of need. The written statement of need shall include the public health purposes of the disclosure and shall explain the reason the disclosure of the specific chemical and its concentration is required.(D)A health professional may share trade secret information with other persons as may be professionally necessary, in order to diagnose or treat a patient, including, but not limited to, the patient and other health professionals, subject to state and federal laws restricting disclosure of medical records including, but not limited to, Chapter 2 (commencing with Section 56.10) of Part 2.6 of Division 1 of the Civil Code.(E)For purposes of this paragraph, health professional means any person licensed or certified pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code, the Osteopathic Initiative Act, the Chiropractic Initiative Act, or the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act (Division 2.5 (commencing with Section 1797) of the Health and Safety Code).(F)A person in possession of, or with access to, confidential trade secret information pursuant to the provisions of this subdivision may disclose this information to any person who is authorized to receive it. A written confidentiality agreement shall not be required.(h)Nothing in this section shall be construed to limit the authority of the State Water Resources Control Board or a California regional water quality control board pursuant to other provisions of law.3227.7. (a) For purposes of this section:(1) State board means the State Water Resources Control Board.(2) Regional board means a California regional water quality control board.(3) Program means the program established pursuant to subdivision (b).(b) The division shall establish a chemical use data collection and reporting program to support determinations made by the state board and the applicable regional boards regarding the permit status of wastewater discharges to surface or land in connection with the production of oil or gas, or both.(c) Except as provided in subdivision (f), the data collected by the division under the program shall be made available to the public on the Internet Web site of the division, the state board, or the applicable regional board.(d) The division shall have the authority to compel suppliers of chemicals that are subject to the program to disclose trade secret information about those chemicals to the division.(e) The division, the state board, and the applicable regional boards shall, by mutual agreement, develop and implement a data sharing agreement for the sharing of trade secret information about chemicals that is collected by the division under the program. The agreement shall provide for disclosure of the trade secret information by the division to officers or employees of the state board or the applicable regional board who are in an appropriate position of authority and responsibility to receive that information.(f) Trade secret information about chemicals that is collected by the division under the program is confidential and shall not be disclosed, except under the data sharing agreement entered into pursuant to subdivision (e). The division, the state board, and the applicable regional boards shall protect that information from disclosure to the public and shall not post that information online pursuant to subdivision (c).
SEC. 2. Section 3227.7 is added to the Public Resources Code, to read:
### SEC. 2.
3227.7.(a)For the purposes of this section, field has the same meaning as that term is defined in Section 3227.6.(b)Beginning on or before July 1, 2018, if disposition of wastewater produced from an oil or gas field includes discharge to surface or land, the owner or operator of an oil or gas well in the field shall disclose quarterly to the division, in a format determined by the division in consultation with the applicable California regional water quality control board, all of the following information:(1)A complete list of the names and Chemical Abstract Service (CAS) numbers of each chemical and additive injected or added to the well. If a CAS number does not exist for a chemical or additive, the owner or operator may provide the molecular formula for the chemical or additive or another unique identifier, if available.(2)The amount of each chemical and additive injected or added to the well, in a unit of measurement determined by the division and the applicable California regional water quality control board.(3)A brief description of the intended purpose for each chemical and additive injected or added to the well.(c)The owner or operator of multiple oil or gas wells may comply with the requirement under subdivision (b) by disclosing information on the wells collectively, on a per-field basis.(d)The division, the State Water Resources Control Board, or the applicable California regional water quality control board, as appropriate, may request from the owner or operator of an oil or gas well, or a supplier of a chemical or additive disclosed pursuant to subdivision (b), additional data or chemical analyses of that chemical or additive to enhance the entitys injection fluid analysis or to determine the potential consequences of the chemical or additive for the environment and human health.(e)If a chemical or additive is injected or added to an oil or gas well, a supplier that performs any part of the operation to inject or add the chemical or additive to the well or has provided the chemical or additive directly to the owner or operator of the well shall furnish the owner or operator with information suitable for public disclosure needed for the owner or operator to comply with the requirement under subdivision (b), or with a request under subdivision (d). The division and the applicable California regional quality control board shall determine the manner in which the information shall be furnished.(f)On or before November 1, 2018, the division shall provide updated information on the chemical or additive data disclosed pursuant to subdivision (b) on the divisions Internet Web site.(g)(1)Public disclosure of information about chemical constituents injected or added to a well that is claimed to contain trade secrets is governed by Section 1060 of the Evidence Code, or the Uniform Trade Secrets Act (Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code), and the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).(2)Notwithstanding any other law or regulation, none of the following information shall be protected as a trade secret:(A)The identities of the chemical constituents, including CAS identification numbers.(B)The concentrations of the chemical constituents.(C)Any air or other pollution monitoring data.(D)Health and safety data associated with the chemical constituents.(E)The chemical composition of the wastewater produced from the well.(3)If a trade secret claim is invalid or invalidated, the division shall release the information to the public by revising the information released pursuant to subdivision (f). The supplier shall notify the division of any change in status within 30 days.(4)(A)If a supplier believes that information regarding a chemical constituent is a trade secret, the supplier shall nevertheless disclose the information to the division in conjunction with the disclosure required pursuant to subdivision (b), and shall notify the division in writing of that belief.(B)A trade secret claim shall not be made after initial disclosure of the information to the division.(C)To comply with the public disclosure requirements of this section, the supplier shall indicate where trade secret information has been withheld and provide substitute information for public disclosure. The substitute information shall be a list, in any order, of the chemical constituents, including CAS identification numbers. The division shall review and approve the supplied substitute information.(D)This subdivision does not permit a supplier to refuse to disclose the information required pursuant to this section to the division.(5)In order to substantiate the trade secret claim, the supplier shall provide information to the division that shows all of the following:(A)The extent to which the trade secret information is known by the suppliers employees and others involved in the suppliers business and outside the suppliers business.(B)The measures taken by the supplier to guard the secrecy of the trade secret information.(C)The value of the trade secret information to the supplier and its competitors.(D)The amount of effort or money the supplier expended developing the trade secret information and the ease or difficulty with which the trade secret information could be acquired or duplicated by others.(6)If the division determines that the information provided in support of a request for trade secret protection pursuant to paragraph (5) is incomplete, the division shall notify the supplier and the supplier shall have 30 days to complete the submission. An incomplete submission does not meet the substantive criteria for trade secret designation.(7)If the division determines that the information provided in support of a request for trade secret protection does not meet the substantive criteria for trade secret designation, the department shall notify the supplier by certified mail of its determination. The division shall release the information to the public, but not earlier than 60 days after the date of mailing the determination, unless, prior to the expiration of the 60-day period, the supplier obtains an action in an appropriate court for a declaratory judgment that the information is subject to protection or for a preliminary injunction prohibiting disclosure of the information to the public and provides notice to the division of that action.(8)The supplier is not required to disclose trade secret information to the owner or operator of the well.(9)Upon receipt of a request for the release of trade secret information to the public, the following procedure applies:(A)The division shall notify the supplier of the request in writing by certified mail, return receipt requested.(B)The division shall release the information to the public, but not earlier than 60 days after the date of mailing the notice of the request for information, unless, prior to the expiration of the 60-day period, the supplier obtains an action in an appropriate court for a declaratory judgment that the information is subject to protection or for a preliminary injunction prohibiting disclosure of the information to the public and provides notice to the division of that action.(10)The division shall develop a timely procedure to provide trade secret information in the following circumstances:(A)To an officer or employee of the division, the state, local governments, including, but not limited to, local air districts, or the United States, in connection with the official duties of that officer or employee, to a health professional under any law for the protection of health, or to contractors with the division or other government entities and their employees if, in the opinion of the division, disclosure is necessary and required for the satisfactory performance of a contract, for performance of work, or to protect health and safety.(B)To a health professional in the event of an emergency or to diagnose or treat a patient.(C)In order to protect public health, to any health professional, toxicologist, or epidemiologist who is employed in the field of public health and who provides a written statement of need. The written statement of need shall include the public health purposes of the disclosure and shall explain the reason the disclosure of the specific chemical and its concentration is required.(D)A health professional may share trade secret information with other persons as may be professionally necessary, in order to diagnose or treat a patient, including, but not limited to, the patient and other health professionals, subject to state and federal laws restricting disclosure of medical records including, but not limited to, Chapter 2 (commencing with Section 56.10) of Part 2.6 of Division 1 of the Civil Code.(E)For purposes of this paragraph, health professional means any person licensed or certified pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code, the Osteopathic Initiative Act, the Chiropractic Initiative Act, or the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act (Division 2.5 (commencing with Section 1797) of the Health and Safety Code).(F)A person in possession of, or with access to, confidential trade secret information pursuant to the provisions of this subdivision may disclose this information to any person who is authorized to receive it. A written confidentiality agreement shall not be required.(h)Nothing in this section shall be construed to limit the authority of the State Water Resources Control Board or a California regional water quality control board pursuant to other provisions of law.3227.7. (a) For purposes of this section:(1) State board means the State Water Resources Control Board.(2) Regional board means a California regional water quality control board.(3) Program means the program established pursuant to subdivision (b).(b) The division shall establish a chemical use data collection and reporting program to support determinations made by the state board and the applicable regional boards regarding the permit status of wastewater discharges to surface or land in connection with the production of oil or gas, or both.(c) Except as provided in subdivision (f), the data collected by the division under the program shall be made available to the public on the Internet Web site of the division, the state board, or the applicable regional board.(d) The division shall have the authority to compel suppliers of chemicals that are subject to the program to disclose trade secret information about those chemicals to the division.(e) The division, the state board, and the applicable regional boards shall, by mutual agreement, develop and implement a data sharing agreement for the sharing of trade secret information about chemicals that is collected by the division under the program. The agreement shall provide for disclosure of the trade secret information by the division to officers or employees of the state board or the applicable regional board who are in an appropriate position of authority and responsibility to receive that information.(f) Trade secret information about chemicals that is collected by the division under the program is confidential and shall not be disclosed, except under the data sharing agreement entered into pursuant to subdivision (e). The division, the state board, and the applicable regional boards shall protect that information from disclosure to the public and shall not post that information online pursuant to subdivision (c).
(a)For the purposes of this section, field has the same meaning as that term is defined in Section 3227.6.
(b)Beginning on or before July 1, 2018, if disposition of wastewater produced from an oil or gas field includes discharge to surface or land, the owner or operator of an oil or gas well in the field shall disclose quarterly to the division, in a format determined by the division in consultation with the applicable California regional water quality control board, all of the following information:
(1)A complete list of the names and Chemical Abstract Service (CAS) numbers of each chemical and additive injected or added to the well. If a CAS number does not exist for a chemical or additive, the owner or operator may provide the molecular formula for the chemical or additive or another unique identifier, if available.
(2)The amount of each chemical and additive injected or added to the well, in a unit of measurement determined by the division and the applicable California regional water quality control board.
(3)A brief description of the intended purpose for each chemical and additive injected or added to the well.
(c)The owner or operator of multiple oil or gas wells may comply with the requirement under subdivision (b) by disclosing information on the wells collectively, on a per-field basis.
(d)The division, the State Water Resources Control Board, or the applicable California regional water quality control board, as appropriate, may request from the owner or operator of an oil or gas well, or a supplier of a chemical or additive disclosed pursuant to subdivision (b), additional data or chemical analyses of that chemical or additive to enhance the entitys injection fluid analysis or to determine the potential consequences of the chemical or additive for the environment and human health.
(e)If a chemical or additive is injected or added to an oil or gas well, a supplier that performs any part of the operation to inject or add the chemical or additive to the well or has provided the chemical or additive directly to the owner or operator of the well shall furnish the owner or operator with information suitable for public disclosure needed for the owner or operator to comply with the requirement under subdivision (b), or with a request under subdivision (d). The division and the applicable California regional quality control board shall determine the manner in which the information shall be furnished.
(f)On or before November 1, 2018, the division shall provide updated information on the chemical or additive data disclosed pursuant to subdivision (b) on the divisions Internet Web site.
(g)(1)Public disclosure of information about chemical constituents injected or added to a well that is claimed to contain trade secrets is governed by Section 1060 of the Evidence Code, or the Uniform Trade Secrets Act (Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code), and the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).
(2)Notwithstanding any other law or regulation, none of the following information shall be protected as a trade secret:
(A)The identities of the chemical constituents, including CAS identification numbers.
(B)The concentrations of the chemical constituents.
(C)Any air or other pollution monitoring data.
(D)Health and safety data associated with the chemical constituents.
(E)The chemical composition of the wastewater produced from the well.
(3)If a trade secret claim is invalid or invalidated, the division shall release the information to the public by revising the information released pursuant to subdivision (f). The supplier shall notify the division of any change in status within 30 days.
(4)(A)If a supplier believes that information regarding a chemical constituent is a trade secret, the supplier shall nevertheless disclose the information to the division in conjunction with the disclosure required pursuant to subdivision (b), and shall notify the division in writing of that belief.
(B)A trade secret claim shall not be made after initial disclosure of the information to the division.
(C)To comply with the public disclosure requirements of this section, the supplier shall indicate where trade secret information has been withheld and provide substitute information for public disclosure. The substitute information shall be a list, in any order, of the chemical constituents, including CAS identification numbers. The division shall review and approve the supplied substitute information.
(D)This subdivision does not permit a supplier to refuse to disclose the information required pursuant to this section to the division.
(5)In order to substantiate the trade secret claim, the supplier shall provide information to the division that shows all of the following:
(A)The extent to which the trade secret information is known by the suppliers employees and others involved in the suppliers business and outside the suppliers business.
(B)The measures taken by the supplier to guard the secrecy of the trade secret information.
(C)The value of the trade secret information to the supplier and its competitors.
(D)The amount of effort or money the supplier expended developing the trade secret information and the ease or difficulty with which the trade secret information could be acquired or duplicated by others.
(6)If the division determines that the information provided in support of a request for trade secret protection pursuant to paragraph (5) is incomplete, the division shall notify the supplier and the supplier shall have 30 days to complete the submission. An incomplete submission does not meet the substantive criteria for trade secret designation.
(7)If the division determines that the information provided in support of a request for trade secret protection does not meet the substantive criteria for trade secret designation, the department shall notify the supplier by certified mail of its determination. The division shall release the information to the public, but not earlier than 60 days after the date of mailing the determination, unless, prior to the expiration of the 60-day period, the supplier obtains an action in an appropriate court for a declaratory judgment that the information is subject to protection or for a preliminary injunction prohibiting disclosure of the information to the public and provides notice to the division of that action.
(8)The supplier is not required to disclose trade secret information to the owner or operator of the well.
(9)Upon receipt of a request for the release of trade secret information to the public, the following procedure applies:
(A)The division shall notify the supplier of the request in writing by certified mail, return receipt requested.
(B)The division shall release the information to the public, but not earlier than 60 days after the date of mailing the notice of the request for information, unless, prior to the expiration of the 60-day period, the supplier obtains an action in an appropriate court for a declaratory judgment that the information is subject to protection or for a preliminary injunction prohibiting disclosure of the information to the public and provides notice to the division of that action.
(10)The division shall develop a timely procedure to provide trade secret information in the following circumstances:
(A)To an officer or employee of the division, the state, local governments, including, but not limited to, local air districts, or the United States, in connection with the official duties of that officer or employee, to a health professional under any law for the protection of health, or to contractors with the division or other government entities and their employees if, in the opinion of the division, disclosure is necessary and required for the satisfactory performance of a contract, for performance of work, or to protect health and safety.
(B)To a health professional in the event of an emergency or to diagnose or treat a patient.
(C)In order to protect public health, to any health professional, toxicologist, or epidemiologist who is employed in the field of public health and who provides a written statement of need. The written statement of need shall include the public health purposes of the disclosure and shall explain the reason the disclosure of the specific chemical and its concentration is required.
(D)A health professional may share trade secret information with other persons as may be professionally necessary, in order to diagnose or treat a patient, including, but not limited to, the patient and other health professionals, subject to state and federal laws restricting disclosure of medical records including, but not limited to, Chapter 2 (commencing with Section 56.10) of Part 2.6 of Division 1 of the Civil Code.
(E)For purposes of this paragraph, health professional means any person licensed or certified pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code, the Osteopathic Initiative Act, the Chiropractic Initiative Act, or the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act (Division 2.5 (commencing with Section 1797) of the Health and Safety Code).
(F)A person in possession of, or with access to, confidential trade secret information pursuant to the provisions of this subdivision may disclose this information to any person who is authorized to receive it. A written confidentiality agreement shall not be required.
(h)Nothing in this section shall be construed to limit the authority of the State Water Resources Control Board or a California regional water quality control board pursuant to other provisions of law.
3227.7. (a) For purposes of this section:(1) State board means the State Water Resources Control Board.(2) Regional board means a California regional water quality control board.(3) Program means the program established pursuant to subdivision (b).(b) The division shall establish a chemical use data collection and reporting program to support determinations made by the state board and the applicable regional boards regarding the permit status of wastewater discharges to surface or land in connection with the production of oil or gas, or both.(c) Except as provided in subdivision (f), the data collected by the division under the program shall be made available to the public on the Internet Web site of the division, the state board, or the applicable regional board.(d) The division shall have the authority to compel suppliers of chemicals that are subject to the program to disclose trade secret information about those chemicals to the division.(e) The division, the state board, and the applicable regional boards shall, by mutual agreement, develop and implement a data sharing agreement for the sharing of trade secret information about chemicals that is collected by the division under the program. The agreement shall provide for disclosure of the trade secret information by the division to officers or employees of the state board or the applicable regional board who are in an appropriate position of authority and responsibility to receive that information.(f) Trade secret information about chemicals that is collected by the division under the program is confidential and shall not be disclosed, except under the data sharing agreement entered into pursuant to subdivision (e). The division, the state board, and the applicable regional boards shall protect that information from disclosure to the public and shall not post that information online pursuant to subdivision (c).
3227.7. (a) For purposes of this section:(1) State board means the State Water Resources Control Board.(2) Regional board means a California regional water quality control board.(3) Program means the program established pursuant to subdivision (b).(b) The division shall establish a chemical use data collection and reporting program to support determinations made by the state board and the applicable regional boards regarding the permit status of wastewater discharges to surface or land in connection with the production of oil or gas, or both.(c) Except as provided in subdivision (f), the data collected by the division under the program shall be made available to the public on the Internet Web site of the division, the state board, or the applicable regional board.(d) The division shall have the authority to compel suppliers of chemicals that are subject to the program to disclose trade secret information about those chemicals to the division.(e) The division, the state board, and the applicable regional boards shall, by mutual agreement, develop and implement a data sharing agreement for the sharing of trade secret information about chemicals that is collected by the division under the program. The agreement shall provide for disclosure of the trade secret information by the division to officers or employees of the state board or the applicable regional board who are in an appropriate position of authority and responsibility to receive that information.(f) Trade secret information about chemicals that is collected by the division under the program is confidential and shall not be disclosed, except under the data sharing agreement entered into pursuant to subdivision (e). The division, the state board, and the applicable regional boards shall protect that information from disclosure to the public and shall not post that information online pursuant to subdivision (c).
3227.7. (a) For purposes of this section:(1) State board means the State Water Resources Control Board.(2) Regional board means a California regional water quality control board.(3) Program means the program established pursuant to subdivision (b).(b) The division shall establish a chemical use data collection and reporting program to support determinations made by the state board and the applicable regional boards regarding the permit status of wastewater discharges to surface or land in connection with the production of oil or gas, or both.(c) Except as provided in subdivision (f), the data collected by the division under the program shall be made available to the public on the Internet Web site of the division, the state board, or the applicable regional board.(d) The division shall have the authority to compel suppliers of chemicals that are subject to the program to disclose trade secret information about those chemicals to the division.(e) The division, the state board, and the applicable regional boards shall, by mutual agreement, develop and implement a data sharing agreement for the sharing of trade secret information about chemicals that is collected by the division under the program. The agreement shall provide for disclosure of the trade secret information by the division to officers or employees of the state board or the applicable regional board who are in an appropriate position of authority and responsibility to receive that information.(f) Trade secret information about chemicals that is collected by the division under the program is confidential and shall not be disclosed, except under the data sharing agreement entered into pursuant to subdivision (e). The division, the state board, and the applicable regional boards shall protect that information from disclosure to the public and shall not post that information online pursuant to subdivision (c).
3227.7. (a) For purposes of this section:
(1) State board means the State Water Resources Control Board.
(2) Regional board means a California regional water quality control board.
(3) Program means the program established pursuant to subdivision (b).
(b) The division shall establish a chemical use data collection and reporting program to support determinations made by the state board and the applicable regional boards regarding the permit status of wastewater discharges to surface or land in connection with the production of oil or gas, or both.
(c) Except as provided in subdivision (f), the data collected by the division under the program shall be made available to the public on the Internet Web site of the division, the state board, or the applicable regional board.
(d) The division shall have the authority to compel suppliers of chemicals that are subject to the program to disclose trade secret information about those chemicals to the division.
(e) The division, the state board, and the applicable regional boards shall, by mutual agreement, develop and implement a data sharing agreement for the sharing of trade secret information about chemicals that is collected by the division under the program. The agreement shall provide for disclosure of the trade secret information by the division to officers or employees of the state board or the applicable regional board who are in an appropriate position of authority and responsibility to receive that information.
(f) Trade secret information about chemicals that is collected by the division under the program is confidential and shall not be disclosed, except under the data sharing agreement entered into pursuant to subdivision (e). The division, the state board, and the applicable regional boards shall protect that information from disclosure to the public and shall not post that information online pursuant to subdivision (c).
SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
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