Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 22-0306.01 Sarah Lozano x3858
HOUSE BILL 22-1348
House Committees Senate Committees
Energy & Environment
A BILL FOR AN ACT
C
ONCERNING ENHANCED OVERSIGHT OF THE CHEMICALS USED IN OIL101
AND GAS PRODUCTION .102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill establishes a regulatory scheme that requires disclosure
of certain chemical information for products used in downhole oil and gas
operations (chemical disclosure information). On or before July 31, 2023,
the oil and gas conservation commission (commission) is required to
utilize or develop a chemical disclosure website to collect and share
certain chemical disclosure information to the public (chemical disclosure
HOUSE SPONSORSHIP
Froelich and Caraveo, Amabile, Bacon, Bernett, Cutter, Duran, Gray, Hooton, Jodeh,
Kennedy, Kipp, Lindsay, Lontine, Sirota
SENATE SPONSORSHIP
Winter,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. website).
On and after July 31, 2023, a manufacturer that sells or distributes
a chemical product for use in underground oil and gas operations
(downhole operations) in the state must disclose to the commission:
! The trade name of the chemical product;
! A list of the names of each chemical used in the chemical
product;
! The estimated amount of each chemical used in the
chemical product; and
! A description of the intended purpose of the chemical used
in the chemical product.
The manufacturer must also provide the commission with a
declaration that the chemical product contains no intentionally added
perfluoroalkyl or polyfluoroalkyl chemicals.
For manufacturers that were already selling or distributing a
chemical product for use in downhole operations in the state before July
31, 2023, the disclosure and declaration must be made at least 30 days
before July 31, 2023. For manufacturers that begin to sell or distribute a
chemical product for use in downhole operations in the state on or after
July 31, 2023, the disclosure and declaration must be made at least 30
days before the manufacturer begins selling or distributing the chemical
product.
On and after July 31, 2023, an operator of downhole operations
using a chemical product must disclose to the commission:
! The date of commencement of downhole operations;
! The county of the well site where downhole operations are
being conducted;
! The numerical identifier assigned by the American
Petroleum Institute to the well where downhole operations
are being conducted; and
! The trade names and quantities of any chemical products
the operator plans to use in downhole operations.
The operator must also provide the commission with a declaration
that the chemical product contains no intentionally added perfluoroalkyl
or polyfluoroalkyl chemicals.
For downhole operations that commenced before July 31, 2023,
and that will be ongoing on July 31, 2023, the disclosure and declaration
must be made at least 75 days before July 31, 2023. For downhole
operations that commence on or after July 31, 2023, the disclosure and
declaration must be made at least 75 days before commencement of
downhole operations.
The commission will use the chemical disclosure information to
create a chemical disclosure list for each well site, which will include:
! An alphabetical list of names of chemicals that will be used
in downhole operations at the well site; and
HB22-1348
-2- ! The total estimated amount of each chemical that will be
used at the well site.
The commission will post each chemical disclosure list on the
chemical disclosure website. The commission shall provide the chemical
disclosure list to the applicable operator within 7 days after the operator's
disclosures.
Prior to the commencement of downhole operations, the operator
is required to disclose the chemical disclosure list to communities near
where downhole operations will be conducted, local public water
administrators, and, if there is a high-priority habitat near where
downhole operations are being conducted, the division of parks and
wildlife. For downhole operations that commenced before July 31, 2023,
and that will be ongoing on July 31, 2023, the disclosure of the chemical
disclosure list by the operator to these entities must be made at least 60
days before July 31, 2023. For downhole operations that commence on or
after July 31, 2023, the disclosure of the chemical disclosure list by the
operator to these entities must be made at least 60 days before
commencement of downhole operations.
If a manufacturer believes that any information that will be
included on a chemical disclosure list is a trade secret, the manufacturer
must file a trade secret claim with the commission. If the commission
determines that the information covered by the trade secret claim
constitutes a trade secret, the commission shall not include the
information in any applicable chemical disclosure list.
On or before July 31, 2023, the commission must promulgate rules
that set standards for the disclosure of the chemical disclosure
information to:
! An officer or employee of the United States, the state, or a
local government in connection with the officer's or
employee's official duties;
! Contractors of the United States, the state, or a local
government if the commission determines that the
disclosure is necessary for performance of a contract or the
protection of public health and safety;
! A health-care professional in connection with an
emergency or with diagnosing or treating a patient; and
! In order to protect public safety, a person who is employed
in public health or a scientist or researcher employed by an
institution of higher education.
No later than February 1, 2025, and no later than February 1 each
year thereafter, the commission shall submit and present an annual report
to the general assembly based on the chemical disclosure information.
Be it enacted by the General Assembly of the State of Colorado:1
HB22-1348-3- SECTION 1. Legislative declaration. (1) The general assembly1
hereby finds and declares that:2
(a) There are tens of thousands of active oil and gas wells in3
Colorado;4
(b) Many different types of products that contain chemical5
additives are used by operators during the drilling and stimulation of these6
wells to break up the subsurface and extract oil and gas from the ground;7
(c) While water and sand can make up the vast majority of these8
products, the amount of chemical additives injected into a well can add9
up to tens of thousands of gallons because of the amount of these10
products that are used during the course of an oil and gas operation;11
(d) When these chemical additives are injected into a well, there12
is a high risk of contamination to nearby groundwater or surface water;13
and14
(e) Some chemicals used in chemical products, such as15
perfluoroalkyl and polyfluoroalkyl chemicals and biocides, have high16
aquatic toxicity and can be incredibly harmful to human health and the17
environment.18
(2) The general assembly further finds and declares that:19
(a) Even though exposure to these chemical additives poses a20
danger to public health and the environment, scientists, state and local21
regulators, and the public lack full access to information about the22
chemical additives used in oil and gas production in the state;23
(b) While Colorado requires the reporting of certain chemical24
information for products that are used in hydraulic fracturing (fracking)25
operations for input into a third-party database, there are broad26
exemptions allowed for chemical information that is deemed proprietary27
HB22-1348
-4- or confidential by the operator or supplier of a product;1
(c) In recent years, thousands of operators who conduct fracking2
operations have used trade secrecy claims to avoid disclosing information3
about the chemicals that they use in their operations;4
(d) Operators and suppliers of the products often do not have5
knowledge of the chemical information that they are required to report to6
the state;7
(e) As a result of the amount of trade secrecy claims and the8
operators' and suppliers' lack of knowledge of specific chemical9
information, information about the chemical additives that are used in10
fracking operations in the state is vastly underreported;11
(f) Greater transparency regarding chemical use in oil and gas12
production is urgently needed and can be achieved by:13
(I) Requiring manufacturers, rather than operators and suppliers,14
to disclose information about chemicals that are used in oil and gas15
production in the state;16
(II) Requiring the Colorado oil and gas conservation commission17
to gather the chemical information so that the disclosure of specific18
chemical information can be separated from the trade name of a product,19
which will thereby protect any proprietary information; and20
(III) Ensuring that disclosure of the chemical information to the21
state, to local governments, and to schools and communities in close22
proximity to oil and gas operations occurs before the use of the products23
in oil and gas operations; and24
(g) A full inventory of the chemicals used in oil and gas25
production will:26
(I) Assist state agencies, local governments, health-care27
HB22-1348
-5- professionals, public health officials, and scientists in determining if1
highly hazardous chemicals are being used in oil and gas production;2
(II) Alert Coloradans to potential exposures to highly hazardous3
chemicals prior to their use; and4
(III) Encourage the manufacturers and users of products that5
contain highly hazardous chemicals to use less toxic alternatives in future6
products and oil and gas operations.7
(3) Therefore the general assembly determines and declares that8
the state should enact a regulatory scheme that provides full disclosure of9
the chemicals that are being deposited into the environment through oil10
and gas production because:11
(a) Coloradans have the right to know what chemicals are being12
deposited into the environment where they live, work, and recreate; and13
(b) State and local governments and regulators need this chemical14
information to adequately protect the people, water systems, wildlife, and15
environment of Colorado.16
SECTION 2. In Colorado Revised Statutes, add 34-60-132 as17
follows:18
34-60-132. Disclosure of chemicals used in downhole oil and19
gas operations - chemical disclosure lists - community notification -20
trade secret information - disclosure of chemical information to21
governmental agencies, health-care professionals, and scientists -22
reports - definitions - rules - repeal. (1) A
S USED IN THIS SECTION,23
UNLESS THE CONTEXT OTHERWISE REQUIRES :24
(a) (I) "A
DDITIVE" MEANS A CHEMICAL OR COMBINATION OF25
CHEMICALS ADDED TO A BASE FLUID FOR USE IN A HYDRAULIC26
FRACTURING TREATMENT .27
HB22-1348
-6- (II) "ADDITIVE" INCLUDES PROPPANTS.1
(b) "B
ASE FLUID" MEANS THE CONTINUOUS PHASE FLUID TYPE ,2
SUCH AS WATER, USED IN A HYDRAULIC FRACTURING TREATMENT .3
(c) "C
HEMICAL" MEANS ANY ELEMENT, CHEMICAL COMPOUND, OR4
MIXTURE OF ELEMENTS OR CHEMICAL COMPOUNDS THAT HAS A SPECIFIC5
NAME OR IDENTITY, INCLUDING A CHEMICAL ABSTRACTS SERVICE6
NUMBER.7
(d) "C
HEMICAL ABSTRACTS SERVICE NUMBER" MEANS THE UNIQUE8
NUMERICAL IDENTIFIER ASSIGNED BY THE CHEMICAL ABSTRACTS SERVICE9
TO A CHEMICAL.10
(e) "C
HEMICAL DISCLOSURE INFORMATION " MEANS THE11
INFORMATION DISCLOSED TO THE COMMISSION UNDER SUBSECTIONS12
(2)(a)(I)
AND (3)(a)(I) OF THIS SECTION.13
(f) "C
HEMICAL DISCLOSURE LIST" MEANS A LIST OF CHEMICALS14
THAT AN OPERATOR INDICATES THAT THE OPERATOR PLANS TO USE IN15
DOWNHOLE OPERATIONS AT A WELL SITE .16
(g) "C
HEMICAL DISCLOSURE WEBSITE" MEANS A WEBSITE THAT IS17
CAPABLE OF DISPLAYING CHEMICAL DISCLOSURE LISTS AND CAN BE18
ACCESSED BY THE PUBLIC.19
(h) (I) "C
HEMICAL PRODUCT" MEANS ANY PRODUCT THAT20
CONSISTS OF ONE OR MORE CHEMICALS AND IS SOLD OR DISTRIBUTED FOR21
USE IN DOWNHOLE OPERATIONS IN THE STATE .22
(II) "C
HEMICAL PRODUCT" INCLUDES ADDITIVES, BASE FLUIDS,23
AND HYDRAULIC FRACTURING FLUIDS .24
(i) "D
IVISION" MEANS THE DIVISION OF PARKS AND WILDLIFE IN25
THE DEPARTMENT OF NATURAL RESOURCES .26
(j) "D
OWNHOLE OPERATIONS " MEANS OIL AND GAS OPERATIONS27
HB22-1348
-7- THAT ARE CONDUCTED UNDERGROUND .1
(k) "H
EALTH-CARE PROFESSIONAL" MEANS A PHYSICIAN ,2
PHYSICIAN ASSISTANT, NURSE PRACTITIONER, REGISTERED NURSE, OR3
EMERGENCY MEDICAL SERVICE PROVIDER LICENSED OR CERTIFIED BY THE4
STATE.5
(l) "H
IGH-PRIORITY HABITAT" MEANS HABITAT AREAS , AS6
IDENTIFIED BY THE DIVISION, WHERE MEASURES TO AVOID, MINIMIZE, OR7
MITIGATE ADVERSE IMPACTS TO WILDLIFE HAVE BEEN IMPLEMENTED OR8
ARE PLANNED TO BE IMPLEMENTED TO PROTECT BREEDING , NESTING,9
FORAGING, MIGRATING, OR OTHER WILDLIFE ACTIVITIES.10
(m) "H
YDRAULIC FRACTURING FLUID " MEANS THE FLUID ,11
INCLUDING ANY BASE FLUID AND ADDITIVES , USED TO PERFORM A12
HYDRAULIC FRACTURING TREATMENT .13
(n) "H
YDRAULIC FRACTURING TREATMENT " MEANS ALL STAGES OF14
THE TREATMENT OF A WELL BY THE APPLICATION OF HYDRAULIC15
FRACTURING FLUID UNDER PRESSURE , WHICH TREATMENT IS EXPRESSLY16
DESIGNED TO INITIATE OR PROPAGATE FRACTURES IN AN UNDERGROUND17
GEOLOGIC FORMATION TO ENHANCE THE PRODUCTION OF OIL AND GAS .18
(o) "M
ANUFACTURER" MEANS THE PERSON OR ENTITY THAT19
MAKES, ASSEMBLES, OR OTHERWISE GENERATES A CHEMICAL PRODUCT OR20
WHOSE TRADE NAME IS AFFIXED TO A CHEMICAL PRODUCT .21
(p) "P
ERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES " OR22
"PFAS
CHEMICALS" HAS THE MEANING SET FORTH IN SECTION 25-5-130223
(7).24
(q) "P
ROPPANTS" MEANS MATERIALS INSERTED OR INJECTED INTO25
AN UNDERGROUND GEOLOGIC FORMATION DURING A HYDRAULIC26
FRACTURING TREATMENT THAT ARE INTENDED TO PREVENT FRACTURES27
HB22-1348
-8- FROM CLOSING.1
(r) "P
UBLIC WATER SYSTEMS" HAS THE MEANING SET FORTH IN2
SECTION 25-1.5-201 (1).3
(s) "T
RADE SECRET" MEANS THE WHOLE OR ANY PORTION OR4
PHASE OF ANY SCIENTIFIC OR TECHNICAL INFORMATION ; DESIGN; PROCESS;5
PROCEDURE; FORMULA; IMPROVEMENT; CONFIDENTIAL BUSINESS OR6
FINANCIAL INFORMATION; LISTING OF NAMES, ADDRESSES, OR TELEPHONE7
NUMBERS; OR OTHER INFORMATION RELATING TO ANY BUSINESS OR8
PROFESSION THAT:9
(I) I
S SECRET AND OF VALUE; AND10
(II) F
OR WHICH THE OWNER OF THE SECRET HAS TAKEN MEASURES11
TO PREVENT THE SECRET FROM BECOMING AVAILABLE TO PERSONS OTHER12
THAN THOSE SELECTED BY THE OWNER TO HAVE ACCESS FOR LIMITED13
PURPOSES.14
(t) "T
YPE III AQUIFER" MEANS AN AQUIFER THAT CONSISTS OF15
UNCONSOLIDATED GEOLOGIC MATERIAL , INCLUDING ALLUVIAL ,16
COLLUVIAL, OR OTHER CONSOLIDATED MATERIALS .17
(u) "W
ELL SITE" MEANS THE AREA THAT IS DIRECTLY DISTURBED18
DURING OIL AND GAS OPERATIONS.19
(2) Manufacturer chemical disclosure information and20
declaration. (a) O
N AND AFTER JULY 31, 2023, AND SUBJECT TO21
SUBSECTION (2)(b) OF THIS SECTION, A MANUFACTURER THAT SELLS OR22
DISTRIBUTES A CHEMICAL PRODUCT FOR USE IN DOWNHOLE OPERATIONS23
IN THE STATE MUST:24
(I) D
ISCLOSE TO THE COMMISSION:25
(A) T
HE TRADE NAME OF THE CHEMICAL PRODUCT ;26
(B) A
LIST OF THE NAMES AND CHEMICAL ABSTRACTS SERVICE27
HB22-1348
-9- NUMBERS OF EACH CHEMICAL USED IN THE CHEMICAL PRODUCT ;1
(C) T
HE ESTIMATED AMOUNT OF EACH CHEMICAL USED IN THE2
CHEMICAL PRODUCT; AND3
(D) A
DESCRIPTION OF THE INTENDED PURPOSE OF EACH CHEMICAL4
USED IN THE CHEMICAL PRODUCT; AND5
(II) P
ROVIDE A WRITTEN DECLARATION TO THE COMMISSION THAT6
THE CHEMICAL PRODUCT CONTAINS NO INTENTIONALLY ADDED PFAS7
CHEMICALS.8
(b) (I) (A) F
OR MANUFACTURERS THAT WERE ALREADY SELLING9
OR DISTRIBUTING A CHEMICAL PRODUCT FOR USE IN DOWNHOLE10
OPERATIONS IN THE STATE BEFORE JULY 31, 2023, THE INFORMATION AND11
DECLARATION REQUIRED TO BE PROVIDED PURSUANT TO SUBSECTION12
(2)(a)
OF THIS SECTION MUST BE PROVIDED TO THE COMMISSION AT LEAST13
THIRTY DAYS BEFORE JULY 31, 2023.14
(B) T
HIS SUBSECTION (2)(b)(I) IS REPEALED, EFFECTIVE JULY 1,15
2024.16
(II) F
OR MANUFACTURERS THAT BEGIN TO SELL OR DISTRIBUTE A17
CHEMICAL PRODUCT FOR USE IN DOWNHOLE OPERATIONS IN THE STATE ON18
OR AFTER JULY 31, 2023, THE INFORMATION AND DECLARATION REQUIRED19
TO BE PROVIDED PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION MUST20
BE PROVIDED TO THE COMMISSION AT LEAST THIRTY DAYS BEFORE THE21
MANUFACTURER BEGINS SELLING OR DISTRIBUTING THE CHEMICAL22
PRODUCT.23
(c) T
HE COMMISSION SHALL MAKE REASONABLE EFFORTS TO24
ENSURE THAT THE INFORMATION AND DECLARATION REQUIRED TO BE25
PROVIDED UNDER SUBSECTION (2)(a) OF THIS SECTION IS PROVIDED TO THE26
COMMISSION.27
HB22-1348
-10- (3) Operator chemical disclosure information - declaration.1
(a) O
N AND AFTER JULY 31, 2023, AND SUBJECT TO SUBSECTION (3)(b) OF2
THIS SECTION, AN OPERATOR OF DOWNHOLE OPERATIONS USING A3
CHEMICAL PRODUCT MUST :4
(I) D
ISCLOSE TO THE COMMISSION:5
(A) T
HE DATE OF COMMENCEMENT OF DOWNHOLE OPERATIONS ;6
(B) T
HE COUNTY OF THE WELL SITE WHERE DOWNHOLE7
OPERATIONS ARE BEING OR WILL BE CONDUCTED ;8
(C) T
HE UNIQUE NUMERICAL IDENTIFIER ASSIGNED BY THE9
A
MERICAN PETROLEUM INSTITUTE TO THE WELL WHERE DOWNHOLE10
OPERATIONS ARE BEING OR WILL BE CONDUCTED ; AND11
(D) T
HE TRADE NAMES AND QUANTITIES OF ANY CHEMICAL12
PRODUCTS THE OPERATOR PLANS TO USE IN DOWNHOLE OPERATIONS ; AND13
(II) P
ROVIDE A WRITTEN DECLARATION TO THE COMMISSION THAT14
THE CHEMICAL PRODUCT CONTAINS NO INTENTIONALLY ADDED PFAS15
CHEMICALS.16
(b) (I) (A) F
OR A DOWNHOLE OPERATION THAT COMMENCED17
BEFORE JULY 31, 2023, AND THAT WILL BE ONGOING ON JULY 31, 2023,18
THE INFORMATION AND DECLARATION REQUIRED TO BE PROVIDED19
PURSUANT TO SUBSECTION (3)(a) OF THIS SECTION MUST BE PROVIDED TO20
THE COMMISSION AT LEAST SEVENTY -FIVE DAYS BEFORE JULY 31, 2023.21
(B) T
HIS SUBSECTION (3)(b)(I) IS REPEALED, EFFECTIVE JULY 1,22
2024.23
(II) F
OR A DOWNHOLE OPERATION THAT COMMENCES ON OR AFTER24
J
ULY 31, 2023, THE INFORMATION AND DECLARATION REQUIRED TO BE25
PROVIDED PURSUANT TO SUBSECTION (3)(a) OF THIS SECTION MUST BE26
PROVIDED TO THE COMMISSION AT LEAST SEVENTY -FIVE DAYS BEFORE27
HB22-1348
-11- COMMENCEMENT OF THE DOWNHOLE OPERATION .1
(c) T
HE COMMISSION SHALL MAKE REASONABLE EFFORTS TO2
ENSURE THAT THE INFORMATION AND DECLARATION REQUIRED TO BE3
PROVIDED UNDER SUBSECTION (3)(a) OF THIS SECTION IS PROVIDED TO THE4
COMMISSION.5
(4) Change in chemical disclosure information. I
F THERE IS A6
CHANGE IN THE INFORMATION PROVIDED UNDER SUBSECTION (2)(a)(I) OR7
(3)(a)(I)
OF THIS SECTION, THE MANUFACTURER OR OPERATOR MUST8
SUBMIT THE CHANGE TO THE COMMISSION WITHIN THIRTY DAYS AFTER THE9
DATE THE MANUFACTURER OR OPERATOR FIRST KNEW OF THE CHANGE .10
(5) Chemical disclosure lists. (a) T
HE COMMISSION SHALL USE11
THE CHEMICAL DISCLOSURE INFORMATION TO CREATE A CHEMICAL12
DISCLOSURE LIST FOR EACH APPLICABLE WELL SITE .13
(b) T
HE COMMISSION SHALL INCLUDE IN THE CHEMICAL14
DISCLOSURE LIST:15
(I) A
N ALPHABETICAL LIST OF THE NAMES AND CHEMICAL16
A
BSTRACTS SERVICE NUMBERS OF EACH CHEMICAL THAT WILL BE USED IN17
DOWNHOLE OPERATIONS AT THE WELL SITE ; AND18
(II) T
HE TOTAL ESTIMATED AMOUNT OF EACH CHEMICAL THAT AN19
OPERATOR PLANS TO USE IN DOWNHOLE OPERATIONS AT THE WELL SITE .20
(c) T
HE COMMISSION SHALL NOT INCLUDE IN THE CHEMICAL21
DISCLOSURE LIST:22
(I) T
HE TRADE NAME OF A CHEMICAL PRODUCT USED IN DOWNHOLE23
OPERATIONS AT THE WELL SITE; OR24
(II) T
HE TOTAL AMOUNT OF A CHEMICAL IN A CHEMICAL PRODUCT . 25
(d) N
O LATER THAN SEVEN DAYS AFTER AN OPERATOR MAKES THE26
DISCLOSURES REQUIRED UNDER SUBSECTION (3) OF THIS SECTION, THE27
HB22-1348
-12- COMMISSION SHALL:1
(I) P
OST THE CHEMICAL DISCLOSURE LIST ON THE CHEMICAL2
DISCLOSURE WEBSITE AND INCLUDE THE DATE OF THE SUBMISSION OF THE3
CHEMICAL DISCLOSURE LIST TO THE COMMISSION IN THE POST ; AND4
(II) P
ROVIDE THE CHEMICAL DISCLOSURE LIST TO THE OPERATOR5
OF THE APPLICABLE WELL.6
(e) T
HE COMMISSION SHALL:7
(I) P
OST AN UPDATED CHEMICAL DISCLOSURE LIST IF THERE ARE8
ANY NOTIFICATIONS RECEIVED FROM A MANUFACTURER OR OPERATOR9
UNDER SUBSECTION (4) OF THIS SECTION AND INCLUDE THE DATE OF THE10
NOTIFICATION BY THE MANUFACTURER OR OPERATOR IN THE POST ; AND11
(II) E
NSURE THAT:12
(A) A
LL CHEMICAL DISCLOSURE LISTS AND UPDATED CHEMICAL13
DISCLOSURE LISTS REMAIN VIEWABLE BY THE PUBLIC ;14
(B) T
HE CHEMICAL DISCLOSURE WEBSITE IS SEARCHABLE BY15
CHEMICAL, DATE OF SUBMISSION OR UPDATE OF A CHEMICAL DISCLOSURE16
LIST, NAME AND ADDRESS OF THE OPERATOR , AND COUNTY OF THE WELL17
SITE; AND18
(C) T
HE CHEMICAL DISCLOSURE WEBSITE ALLOWS MEMBERS OF19
THE PUBLIC TO DOWNLOAD CHEMICAL DISCLOSURE LISTS IN AN20
ELECTRONIC, DELIMITED FORMAT.21
(6) Community notification. (a)
ON OR BEFORE JULY 31, 2023,22
AND SUBJECT TO SUBSECTION (6)(b) OF THIS SECTION, AN OPERATOR23
SHALL PROVIDE THE CHEMICAL DISCLOSURE LIST TO :24
(I) A
LL PARTIES THAT:25
(A) A
RE LOCATED WITHIN TWO THOUSAND SIX HUNDRED FORTY26
FEET OF THE WELL SITE; AND27
HB22-1348
-13- (B) THE OPERATOR IS REQUIRED BY RULE TO NOTIFY OF THE1
DETERMINATION MADE BY THE DIRECTOR OF THE COMMISSION THAT AN2
OIL AND GAS DEVELOPMENT PLAN IS COMPLETE ;3
(II) T
HE ADMINISTRATOR OF ANY PUBLIC WATER SYSTEM THAT4
OPERATES:5
(A) A
SURFACE WATER PUBLIC WATER SYSTEM INTAKE THAT IS6
LOCATED FIFTEEN STREAM MILES OR LESS DOWNSTREAM FROM THE WELL7
SITE;8
(B) A
GROUNDWATER UNDER THE DIRECT INFLUENCE OF A9
SURFACE WATER PUBLIC WATER SYSTEM SUPPLY WELL WITHIN TWO10
THOUSAND SIX HUNDRED FORTY FEET OF THE WELL SITE ; AND11
(C) A
PUBLIC WATER SYSTEM SUPPLY WELL COMPLETED IN A TYPE12
III
AQUIFER WITHIN TWO THOUSAND SIX HUNDRED FORTY FEET OF THE13
WELL SITE; AND14
(III) T
HE DIVISION IF:15
(A) T
HERE IS A HIGH-PRIORITY HABITAT AREA WITHIN ONE MILE OF16
THE WELL SITE; OR17
(B) T
HERE IS A STATE WILDLIFE AREA, AS DEFINED IN SECTION18
33-1-102
(42), OR A STATE PARK OR RECREATION AREA WITHIN TWO19
THOUSAND SIX HUNDRED FORTY FEET OF THE WELL SITE .20
(b) (I) (A) F
OR A DOWNHOLE OPERATION THAT COMMENCED21
BEFORE JULY 31, 2023, AND THAT WILL BE ONGOING ON JULY 31, 2023,22
THE CHEMICAL DISCLOSURE LIST MUST BE DISCLOSED BY THE OPERATOR23
IN ACCORDANCE WITH SUBSECTION (6)(a) OF THIS SECTION AT LEAST SIXTY24
DAYS BEFORE JULY 31, 2023.25
(B) T
HIS SUBSECTION (6)(b)(I) IS REPEALED, EFFECTIVE JULY 1,26
2024.27
HB22-1348
-14- (II) FOR A DOWNHOLE OPERATION THAT COMMENCES ON OR AFTER1
J
ULY 31, 2023, THE CHEMICAL DISCLOSURE LIST MUST BE DISCLOSED IN2
ACCORDANCE WITH SUBSECTION (6)(a) OF THIS SECTION AT LEAST SIXTY3
DAYS BEFORE THE COMMENCEMENT OF THE DOWNHOLE OPERATION .4
(7) Trade secret claims. (a) I
F A MANUFACTURER BELIEVES THAT5
ANY INFORMATION THE MANUFACTURER IS REQUIRED TO DISCLOSE UNDER6
SUBSECTION (2)(a)(I) OF THIS SECTION IS A TRADE SECRET AND SHOULD7
NOT BE INCLUDED IN A CHEMICAL DISCLOSURE LIST, THE MANUFACTURER8
SHALL FILE A TRADE SECRET CLAIM WITH THE COMMISSION AND PROVIDE9
THE COMMISSION WITH A WRITTEN DESCRIPTION OF :10
(I) T
HE EXTENT THAT THE INFORMATION COVERED BY THE TRADE11
SECRET CLAIM IS KNOWN BY:12
(A) T
HE MANUFACTURER'S EMPLOYEES;13
(B) P
ERSONS INVOLVED IN THE MANUFACTURER 'S BUSINESS; AND14
(C) P
ERSONS OUTSIDE OF THE MANUFACTURER 'S BUSINESS;15
(II) M
EASURES TAKEN BY THE MANUFACTURER TO PROTECT THE16
SECRECY OF THE INFORMATION COVERED BY THE TRADE SECRET CLAIM ;17
(III) T
HE VALUE OF THE INFORMATION COVERED BY THE TRADE18
SECRET CLAIM TO THE MANUFACTURER AND THE MANUFACTURER 'S19
COMPETITORS; AND20
(IV) T
HE AMOUNT OF EFFORT AND MONEY SPENT BY THE21
MANUFACTURER IN DEVELOPING THE INFORMATION COVERED BY THE22
TRADE SECRET CLAIM.23
(b) N
OTWITHSTANDING ANY LAW TO THE CONTRARY , THE24
COMMISSION SHALL NOT PROTECT THE NAMES OR CHEMICAL ABSTRACTS25
S
ERVICE NUMBERS OF ANY CHEMICAL AS A TRADE SECRET .26
(c) I
F THE COMMISSION DETERMINES THAT A TRADE SECRET CLAIM27
HB22-1348
-15- FILED UNDER SUBSECTION (7)(a) OF THIS SECTION IS INCOMPLETE, THE1
COMMISSION SHALL NOTIFY THE MANUFACTURER BY CERTIFIED MAIL . THE2
MANUFACTURER HAS THIRTY DAYS AFTER RECEIVING THE COMMISSION 'S3
WRITTEN NOTICE TO PROVIDE ANY MISSING INFORMATION TO THE4
COMMISSION.5
(d) T
HE COMMISSION SHALL DETERMINE WITHIN THIRTY DAYS6
AFTER A MANUFACTURER 'S TRADE SECRET CLAIM FILED UNDER7
SUBSECTION (7)(a) OF THIS SECTION IS COMPLETE WHETHER THE8
INFORMATION COVERED BY THE TRADE SECRET CLAIM CONSTITUTES A9
TRADE SECRET.10
(e) I
F THE COMMISSION DETERMINES THAT THE INFORMATION11
COVERED BY THE TRADE SECRET CLAIM CONSTITUTES A TRADE SECRET :12
(I) T
HE COMMISSION SHALL NOT INCLUDE THE INFORMATION IN13
ANY APPLICABLE CHEMICAL DISCLOSURE LIST ; AND14
(II) T
HE COMMISSION MAY DISCLOSE THE INFORMATION ONLY IN15
ACCORDANCE WITH SUBSECTION (8) OF THIS SECTION.16
(f) I
F THE COMMISSION DETERMINES THAT THE INFORMATION17
COVERED BY THE TRADE SECRET CLAIM DOES NOT CONSTITUTE A TRADE18
SECRET, THE COMMISSION SHALL:19
(I) N
OTIFY THE MANUFACTURER BY CERTIFIED MAIL OF THE20
COMMISSION'S DETERMINATION; AND21
(II) I
NCLUDE THE INFORMATION IN ANY APPLICABLE CHEMICAL22
DISCLOSURE LIST UNLESS THE MANUFACTURER OBTAINS FROM A COURT OF23
COMPETENT JURISDICTION:24
(A) A
DECLARATORY JUDGMENT STATING THAT THE INFORMATION25
IS SUBJECT TO PROTECTION FROM PUBLIC DISCLOSURE ; OR26
(B) A
PRELIMINARY INJUNCTION PROHIBITING DISCLOSURE OF THE27
HB22-1348
-16- INFORMATION TO THE PUBLIC.1
(g) T
HE MANUFACTURER SHALL PROVIDE NOTICE TO THE2
COMMISSION OF ANY COURT ORDER RECEIVED PURSUANT TO SUBSECTION3
(8)(f)(II)
OF THIS SECTION.4
(h) N
OTWITHSTANDING ANY LAW TO THE CONTRARY , NOTHING IN5
THIS SUBSECTION (7) ALLOWS A MANUFACTURER TO REFUSE TO DISCLOSE6
TO THE COMMISSION THE INFORMATION REQUIRED TO BE DISCLOSED7
UNDER SUBSECTION (2)(a)(I) OF THIS SECTION.8
(8) Disclosure of chemical disclosure information to state9
agencies, health-care professionals, and scientists. (a) O
N OR BEFORE10
J
ULY 31, 2023, THE COMMISSION SHALL PROMULGATE RULES SETTING11
FORTH STANDARDS FOR THE DISCLOSURE OF CHEMICAL DISCLOSURE12
INFORMATION TO:13
(I) A
N OFFICER OR EMPLOYEE OF THE UNITED STATES, THE STATE,14
OR A LOCAL GOVERNMENT IN C ONNECTION WITH THE OFFICER 'S OR15
EMPLOYEE'S OFFICIAL DUTIES;16
(II) C
ONTRACTORS OF THE UNITED STATES, THE STATE, OR A17
LOCAL GOVERNMENT IF THE COMMISSION DETERMINES THAT DISCLOSURE18
OF THE CHEMICAL DISCLOSURE INFORMATION IS NECESSARY FOR :19
(A) S
ATISFACTORY PERFORMANCE OF A CONTRACT WITH THE20
U
NITED STATES, THE STATE, OR A LOCAL GOVERNMENT; OR21
(B) T
HE PROTECTION OF PUBLIC HEALTH AND SAFETY ;22
(III) A
HEALTH-CARE PROFESSIONAL IN THE EVENT OF AN23
EMERGENCY OR TO DIAGNOSE OR TREAT A PATIENT ; AND24
(IV) I
N ORDER TO PROTECT PUBLIC HEALTH AND SAFETY , A PERSON25
WHO IS:26
(A) E
MPLOYED IN THE FIELD OF PUBLIC HEALTH IN A27
HB22-1348
-17- GOVERNMENTAL OR HEALTH -CARE AGENCY; OR1
(B) A
SCIENTIST OR RESEARCHER EMPLOYED BY AN INSTITUTION2
OF HIGHER EDUCATION WHO IS STUDYING THE ENVIRONMENTAL OR3
HEALTH IMPACTS OF CHEMICAL PRODUCTS .4
(b) A
PERSON DESCRIBED IN SUBSECTION (8)(a)(IV) OF THIS5
SECTION MUST SUBMIT A WRITTEN STATEMENT OF NEED TO THE6
COMMISSION TO RECEIVE CHEMICAL DISCLOSURE INFORMATION . THE7
WRITTEN STATEMENT OF NEED , AT A MINIMUM, MUST:8
(I) I
DENTIFY THE SPECIFIC CHEMICAL DISCLOSURE INFORMATION9
THAT IS SOUGHT BY THE PERSON; AND10
(II) D
ESCRIBE THE REASON THAT DISCLOSURE OF THE SPECIFIC11
CHEMICAL DISCLOSURE INFORMATION IS NECESSARY FOR PUBLIC HEALTH12
OR RESEARCH PURPOSES.13
(c) A
HEALTH-CARE PROFESSIONAL DESCRIBED IN SUBSECTION14
(8)(a)(III)
OF THIS SECTION MAY SHARE THE CHEMICAL DISCLOSURE15
INFORMATION WITH OTHER PERSONS , INCLUDING WITH THE PATIENT AND16
OTHER HEALTH-CARE PROFESSIONALS, AS MAY BE PROFESSIONALLY17
NECESSARY TO DIAGNOSE OR TREAT A PATIENT , EXCEPT AS PROHIBITED18
UNDER APPLICABLE FEDERAL OR STATE LAW .19
(9) Reporting to the general assembly. (a) (I) T
HE COMMISSION20
SHALL PREPARE AN ANNUAL REPORT THAT INCLUDES :21
(A) A
LIST OF THE CHEMICALS USED IN DOWNHOLE OPERATIONS IN22
THE STATE IN THE PRIOR CALENDAR YEAR ;23
(B) A
N APPROXIMATE AMOUNT OF EACH CHEMICAL USED IN24
DOWNHOLE OPERATIONS IN THE STATE IN THE PRIOR CALENDAR YEAR ;25
(C) A
DESCRIPTION OF THE CONCENTRATION OF THE USE OF EACH26
CHEMICAL IN AREAS THROUGHOUT THE STATE IN THE PRIOR CALENDAR27
HB22-1348
-18- YEAR; AND1
(D) T
HE NUMBER OF TRADE SECRET CLAIMS RECEIVED BY THE2
COMMISSION UNDER SUBSECTION (7)(a) OF THIS SECTION IN THE PRIOR3
CALENDAR YEAR.4
(II) N
O LATER THAN FEBRUARY 1, 2025, AND ON OR BEFORE EACH5
F
EBRUARY 1 THEREAFTER, THE COMMISSION SHALL:6
(A) S
UBMIT AND PRESENT THE REPORT PREPARED PURSUANT TO7
SUBSECTION (9)(a)(I) OF THIS SECTION TO THE ENERGY AND ENVIRONMENT8
COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE9
TRANSPORTATION AND ENERGY COMMITTEE OF THE SENATE , OR ANY10
SUCCESSOR COMMITTEES; AND11
(B) P
OST THE REPORT ON THE COMMISSION 'S WEBSITE.12
(b) N
OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE13
REQUIREMENT TO REPORT TO THE LEGISLATIVE COMMITTEES CONTINUES14
INDEFINITELY.15
(10) Rules. T
HE COMMISSION MAY PROMULGATE RULES THAT ARE16
NECESSARY FOR THE IMPLEMENTATION AND ADMINISTRATION OF THIS17
SECTION.18
SECTION 3. Safety clause. The general assembly hereby finds,19
determines, and declares that this act is necessary for the immediate20
preservation of the public peace, health, or safety.21
HB22-1348
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