Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 22-0306.01 Sarah Lozano x3858
HOUSE BILL 22-1348
House Committees Senate Committees
Energy & Environment
Appropriations
A BILL FOR AN ACT
C
ONCERNING ENHANCED OVERSIGHT OF THE CHEMICALS USED IN OIL101
AND GAS
PRODUCTION, AND, IN CONNECTION THEREWITH,102
MAKING AN APPROPRIATION .103
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
HOUSE
3rd Reading Unamended
April 27, 2022
HOUSE
Amended 2nd Reading
April 26, 2022
HOUSE SPONSORSHIP
Froelich and Caraveo, Amabile, Bacon, Bernett, Cutter, Duran, Gray, Hooton, Jodeh,
Kennedy, Kipp, Lindsay, Lontine, Sirota, Bird, Boesenecker, Gonzales-Gutierrez,
McCormick, Ricks, Titone, Valdez A., Weissman
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. certain chemical disclosure information to the public (chemical disclosure
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
1348
-2- in downhole operations at the well site; and
! 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.
1348-3- Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
hereby finds and declares that:3
(a) There are tens of thousands of active oil and gas wells in4
Colorado;5
(b) Many different types of products that contain chemical6
additives are used by operators during the drilling and stimulation of these7
wells to break up the subsurface and extract oil and gas from the ground;8
(c) While water and sand can make up the vast majority of these9
products, the amount of chemical additives injected into a well can add10
up to tens of thousands of gallons because of the amount of these11
products that are used during the course of an oil and gas operation;12
(d) When these chemical additives are injected into a well, there13
is a high risk of contamination to nearby groundwater or surface water;14
and15
(e) Some chemicals used in chemical products, such as16
perfluoroalkyl and polyfluoroalkyl chemicals and biocides, have high17
aquatic toxicity and can be incredibly harmful to human health and the18
environment.19
(2) The general assembly further finds and declares that:20
(a) Even though exposure to these chemical additives poses a21
danger to public health and the environment, scientists, state and local22
regulators, and the public lack full access to information about the23
chemical additives used in oil and gas production in the state;24
(b) While Colorado requires the reporting of certain chemical25
information for products that are used in hydraulic fracturing (fracking)26
operations for input into a third-party database, there are broad27
1348
-4- exemptions allowed for chemical information that is deemed proprietary1
or confidential by the operator or supplier of a product;2
(c) In recent years, thousands of operators who conduct fracking3
operations have used trade secrecy claims to avoid disclosing information4
about the chemicals that they use in their operations;5
(d) Operators and suppliers of the products often do not have6
knowledge of the chemical information that they are required to report to7
the state;8
(e) As a result of the amount of trade secrecy claims and the9
operators' and suppliers' lack of knowledge of specific chemical10
information, information about the chemical additives that are used in11
fracking operations in the state is vastly underreported;12
(f) Greater transparency regarding chemical use in oil and gas13
production is urgently needed and can be achieved by:14
(I) Requiring manufacturers and disclosers, rather than operators,15
to disclose information about chemicals that are used in oil and gas16
production in the state;17
(II) Requiring the Colorado oil and gas conservation commission18
to gather the chemical information so that the disclosure of specific19
chemical information can be separated from the trade name of a product,20
which will thereby protect any proprietary information; and21
(III) Ensuring that disclosure of the chemical information to the22
state, to local governments, and to schools and communities in close23
proximity to oil and gas operations occurs before the use of the products24
in oil and gas operations; and25
(g) A full inventory of the chemicals used in oil and gas26
production will:27
1348
-5- (I) Assist state agencies, local governments, health-care1
professionals, public health officials, and scientists in determining if2
highly hazardous chemicals are being used in oil and gas production;3
(II) Alert Coloradans to potential exposures to highly hazardous4
chemicals prior to their use; and5
(III) Encourage the disclosers and users of products that contain6
highly hazardous chemicals to use less toxic alternatives in future7
products and oil and gas operations.8
(3) Therefore the general assembly determines and declares that9
the state should enact a regulatory scheme that provides full disclosure of10
the chemicals that are being deposited into the environment through oil11
and gas production because:12
(a) Coloradans have the right to know what chemicals are being13
deposited into the environment where they live, work, and recreate; and14
(b) State and local governments and regulators need this chemical15
information to adequately protect the people, water systems, wildlife, and16
environment of Colorado.17
SECTION 2. In Colorado Revised Statutes, add 34-60-132 as18
follows:19
34-60-132. Disclosure of chemicals used in downhole oil and20
gas operations - chemical disclosure lists - community notification -21
trade secret information - disclosure of chemical information to22
governmental agencies, health-care professionals, and scientists -23
reports - definitions - rules - repeal. (1) A
S USED IN THIS SECTION,24
UNLESS THE CONTEXT OTHERWISE REQUIRES :25
(a) (I) "A
DDITIVE" MEANS A CHEMICAL OR COMBINATION OF26
CHEMICALS ADDED TO A BASE FLUID FOR USE IN A HYDRAULIC27
1348
-6- FRACTURING TREATMENT .1
(II) "A
DDITIVE" INCLUDES PROPPANTS.2
(b) "B
ASE FLUID" MEANS THE CONTINUOUS PHASE FLUID TYPE ,3
SUCH AS WATER, USED IN A HYDRAULIC FRACTURING TREATMENT .4
(c) "C
HEMICAL" MEANS ANY ELEMENT, CHEMICAL COMPOUND, OR5
MIXTURE OF ELEMENTS OR CHEMICAL COMPOUNDS THAT HAS A SPECIFIC6
NAME OR IDENTITY, INCLUDING A CHEMICAL ABSTRACTS SERVICE7
NUMBER.8
(d) "C
HEMICAL ABSTRACTS SERVICE NUMBER" MEANS THE UNIQUE9
NUMERICAL IDENTIFIER ASSIGNED BY THE CHEMICAL ABSTRACTS SERVICE10
TO A CHEMICAL.11
(e) "C
HEMICAL DISCLOSURE INFORMATION " MEANS THE12
INFORMATION DISCLOSED TO THE COMMISSION UNDER SUBSECTIONS13
(2)(a)(I)
AND (3)(a)(I) OF THIS SECTION.14
(f) "C
HEMICAL DISCLOSURE LIST" MEANS A LIST OF CHEMICALS15
USED IN 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
(III) "CHEMICAL PRODUCT" DOES NOT INCLUDE THE STRUCTURAL25
AND MECHANICAL COMPONENTS OF A WELL SITE WHERE DOWNHOLE26
OPERATIONS ARE BEING CONDUCTED .27
1348
-7- (i) (I) "DIRECT VENDOR" MEANS ANY DISTRIBUTOR, SUPPLIER, OR1
OTHER ENTITY THAT SELLS OR SUPPLIES ONE OR MORE CHEMICAL2
PRODUCTS DIRECTLY TO AN OPERATOR OR SERVICE PROVIDER FOR USE AT3
A WELL SITE.4
(II) "DIRECT VENDOR" DOES NOT INCLUDE ENTITIES THAT5
MANUFACTURE, PRODUCE, OR FORMULATE CHEMICAL PRODUCTS FOR6
FURTHER MANUFACTURE, FORMULATION, SALE, OR DISTRIBUTION BY7
THIRD PARTIES PRIOR TO BEING SUPPLIED DIRECTLY TO OPERATORS OR8
SERVICE PROVIDERS.9
(j) "DISCLOSER" MEANS AN OPERATOR, ANY SERVICE PROVIDER10
USING ONE OR MORE CHEMICAL PRODUCTS IN THE COURSE OF DOWNHOLE11
OPERATIONS, AND ANY DIRECT VENDOR THAT PROVIDES ONE OR MORE12
CHEMICAL PRODUCTS DIRECTLY TO THE OPERATOR OR SERVICE PROVIDER13
FOR USE AT A WELL SITE.14
(k) "DIVISION" MEANS THE DIVISION OF PARKS AND WILDLIFE IN15
THE DEPARTMENT OF NATURAL RESOURCES .16
(l) "DOWNHOLE OPERATIONS " MEANS OIL AND GAS OPERATIONS17
THAT ARE CONDUCTED UNDERGROUND .18
(m) "HEALTH-CARE PROFESSIONAL" MEANS A PHYSICIAN ,19
PHYSICIAN ASSISTANT, NURSE PRACTITIONER, REGISTERED NURSE, OR20
EMERGENCY MEDICAL SERVICE PROVIDER LICENSED OR CERTIFIED BY THE21
STATE.22
(n) "HIGH-PRIORITY HABITAT" MEANS HABITAT AREAS IDENTIFIED23
BY THE DIVISION WHERE MEASURES TO AVOID, MINIMIZE, AND MITIGATE24
ADVERSE IMPACTS TO WILDLIFE HAVE BEEN IDENTIFIED TO PROTECT25
BREEDING, NESTING, FORAGING, MIGRATING, OR OTHER USES BY WILDLIFE.26
(o) "HYDRAULIC FRACTURING FLUID " MEANS THE FLUID ,27
1348
-8- INCLUDING ANY BASE FLUID AND ADDITIVES , USED TO PERFORM A1
HYDRAULIC FRACTURING TREATMENT .2
(p) "HYDRAULIC FRACTURING TREATMENT " MEANS ALL STAGES OF3
THE TREATMENT OF A WELL BY THE APPLICATION OF HYDRAULIC4
FRACTURING FLUID UNDER PRESSURE , WHICH TREATMENT IS EXPRESSLY5
DESIGNED TO INITIATE OR PROPAGATE FRACTURES IN AN UNDERGROUND6
GEOLOGIC FORMATION TO ENHANCE THE PRODUCTION OF OIL AND GAS .7
(q) "MANUFACTURER" MEANS A PERSON OR ENTITY THAT MAKES,8
ASSEMBLES, OR OTHERWISE GENERATES A CHEMICAL PRODUCT OR WHOSE9
TRADE NAME IS AFFIXED TO A CHEMICAL PRODUCT .10
(r) "PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES " OR11
"PFAS
CHEMICALS" HAS THE MEANING SET FORTH IN SECTION 25-5-130212
(7).13(s) "PROPPANTS" MEANS MATERIALS INSERTED OR INJECTED INTO14
AN UNDERGROUND GEOLOGIC FORMATION DURING A HYDRAULIC15
FRACTURING TREATMENT THAT ARE INTENDED TO PREVENT FRACTURES16
FROM CLOSING.17
(t) "PUBLIC WATER SYSTEMS" HAS THE MEANING SET FORTH IN18
SECTION 25-1.5-201 (1).19
(u) "TRADE SECRET" MEANS THE WHOLE OR ANY PORTION OR20
PHASE OF ANY SCIENTIFIC OR TECHNICAL INFORMATION ; DESIGN; PROCESS;21
PROCEDURE; FORMULA; IMPROVEMENT; CONFIDENTIAL BUSINESS OR22
FINANCIAL INFORMATION; LISTING OF NAMES, ADDRESSES, OR TELEPHONE23
NUMBERS; OR OTHER INFORMATION RELATING TO ANY BUSINESS OR24
PROFESSION THAT:25
(I) I
S SECRET AND OF VALUE; AND26
(II) F
OR WHICH THE OWNER OF THE SECRET HAS TAKEN MEASURES27
1348
-9- TO PREVENT THE SECRET FROM BECOMING AVAILABLE TO PERSONS OTHER1
THAN THOSE SELECTED BY THE OWNER TO HAVE ACCESS FOR LIMITED2
PURPOSES.3
(v) "TYPE III AQUIFER" MEANS AN AQUIFER THAT CONSISTS OF4
UNCONSOLIDATED GEOLOGIC MATERIAL , INCLUDING ALLUVIAL ,5
COLLUVIAL, OR OTHER CONSOLIDATED MATERIALS .6
(w) "WELL SITE" MEANS THE AREA THAT IS DIRECTLY DISTURBED7
DURING OIL AND GAS OPERATIONS.8
(2) Discloser chemical disclosure information and declaration.9
(a) O
N AND AFTER JULY 31, 2023, AND SUBJECT TO SUBSECTION (2)(b) OF10
THIS SECTION, A
DISCLOSER THAT SELLS OR DISTRIBUTES A CHEMICAL11
PRODUCT FOR USE IN DOWNHOLE OPERATIONS IN THE STATE MUST :12
(I) D
ISCLOSE TO THE COMMISSION:13
(A) T
HE TRADE NAME OF THE CHEMICAL PRODUCT ;14
(B) A
LIST OF THE NAMES AND CHEMICAL ABSTRACTS SERVICE15
NUMBERS OF EACH CHEMICAL USED IN THE CHEMICAL PRODUCT ;16
(C) T
HE ESTIMATED AMOUNT OF EACH CHEMICAL USED IN THE17
CHEMICAL PRODUCT; AND18
(D) A
DESCRIPTION OF THE INTENDED PURPOSE OF EACH CHEMICAL19
USED IN THE CHEMICAL PRODUCT; AND20
(II) P
ROVIDE A WRITTEN DECLARATION TO THE COMMISSION THAT21
THE CHEMICAL PRODUCT CONTAINS NO INTENTIONALLY ADDED PFAS22
CHEMICALS.23
(b) (I) (A) F
OR
DISCLOSERS THAT WERE ALREADY SELLING OR24
DISTRIBUTING A CHEMICAL PRODUCT FOR USE IN DOWNHOLE OPERATIONS25
IN THE STATE BEFORE JULY 31, 2023, THE INFORMATION AND26
DECLARATION REQUIRED TO BE PROVIDED PURSUANT TO SUBSECTION27
1348
-10- (2)(a) OF THIS SECTION MUST BE PROVIDED TO THE COMMISSION AT LEAST1
THIRTY DAYS BEFORE JULY 31, 2023.2
(B) T
HIS SUBSECTION (2)(b)(I) IS REPEALED, EFFECTIVE JULY 1,3
2024.4
(II) F
OR
DISCLOSERS THAT BEGIN TO SELL OR DISTRIBUTE A5
CHEMICAL PRODUCT FOR USE IN DOWNHOLE OPERATIONS IN THE STATE ON6
OR AFTER JULY 31, 2023, THE INFORMATION AND DECLARATION REQUIRED7
TO BE PROVIDED PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION MUST8
BE PROVIDED TO THE COMMISSION AT LEAST THIRTY DAYS BEFORE THE9
DISCLOSER BEGINS SELLING OR DISTRIBUTING THE CHEMICAL PRODUCT .10
(c) T
HE COMMISSION SHALL MAKE REASONABLE EFFORTS TO11
ENSURE THAT THE INFORMATION AND DECLARATION REQUIRED TO BE12
PROVIDED UNDER SUBSECTION (2)(a) OF THIS SECTION IS PROVIDED TO THE13
COMMISSION.14 (d) IF A MANUFACTURER DOES NOT PROVIDE THE INFORMATION15
DESCRIBED IN SUBSECTION (2)(a)(I) OF THIS SECTION FOR A CHEMICAL16
PRODUCT THAT IT SELLS OR DISTRIBUTES FOR USE IN DOWNHOLE17
OPERATIONS IN THE STATE TO A DISCLOSER UPON THE REQUEST OF THE18
DISCLOSER, THE MANUFACTURER MUST PROVIDE THE COMMISSION WITH19
A TRADE SECRET FORM OF ENTITLEMENT, AS DETERMINED BY THE20
COMMISSION BY RULE, FOR THE CHEMICAL PRODUCT. AT A MINIMUM, THE21
MANUFACTURER MUST INCLUDE IN THE TRADE SECRET FORM OF22
ENTITLEMENT FOR THE CHEMICAL PRODUCT :23
(I) THE NAME OF EACH CHEMICAL USED IN THE CHEMICAL24
PRODUCT;25
(II) THE CHEMICAL ABSTRACTS SERVICE NUMBER OF EACH26
CHEMICAL USED IN THE CHEMICAL PRODUCT ; AND27
1348
-11- (III) THE CONCENTRATION OF EACH CHEMICAL USED IN THE1
CHEMICAL PRODUCT.2
(e) IF, AFTER MAKING A REQUEST TO THE MANUFACTURER OF THE3
CHEMICAL PRODUCT PURSUANT TO SUBSECTION (2)(d) OF THIS SECTION,4
A DISCLOSER IS UNABLE TO DISCLOSE THE INFORMATION DESCRIBED IN5
SUBSECTION (2)(a)(I) OF THIS SECTION, THE DISCLOSER SHALL DISCLOSE6
TO THE COMMISSION:7
(I) THE NAME OF THE CHEMICAL PRODUCT 'S MANUFACTURER;8
(II) THE CHEMICAL PRODUCT'S TRADE NAME;9
(III) THE AMOUNT OR WEIGHT OF THE CHEMICAL PRODUCT ; AND10
(IV) A SAFETY DATA SHEET FOR THE CHEMICAL PRODUCT .11
(3) Operator chemical disclosure information - declaration.12
(a) O
N AND AFTER JULY 31, 2023, AND SUBJECT TO SUBSECTION (3)(b) OF13
THIS SECTION, AN OPERATOR OF DOWNHOLE OPERATIONS USING A14
CHEMICAL PRODUCT MUST :15
(I) D
ISCLOSE TO THE COMMISSION:16
(A) T
HE DATE OF COMMENCEMENT OF DOWNHOLE OPERATIONS ;17
(B) T
HE COUNTY OF THE WELL SITE WHERE DOWNHOLE18
OPERATIONS ARE BEING OR WILL BE CONDUCTED ;19
(C) T
HE
US WELL NUMBER ASSIGNED TO THE WELL WHERE20
DOWNHOLE OPERATIONS ARE BEING OR WILL BE CONDUCTED ; AND21
(D) T
HE TRADE NAMES AND QUANTITIES OF ANY CHEMICAL22
PRODUCTS THE OPERATOR
USED IN DOWNHOLE OPERATIONS ; AND23
(II) P
ROVIDE A WRITTEN DECLARATION TO THE COMMISSION THAT24
THE CHEMICAL PRODUCT CONTAINS NO INTENTIONALLY ADDED PFAS25
CHEMICALS.26
(b) (I) (A) F
OR A DOWNHOLE OPERATION THAT COMMENCED27
1348
-12- BEFORE JULY 31, 2023, AND THAT WILL BE ONGOING ON JULY 31, 2023,1
THE INFORMATION AND DECLARATION REQUIRED TO BE PROVIDED2
PURSUANT TO SUBSECTION (3)(a) OF THIS SECTION MUST BE PROVIDED TO3
THE COMMISSION WITHIN ONE HUNDRED TWENTY DAYS AFTER JULY 31,4
2023.5
(B) T
HIS SUBSECTION (3)(b)(I) IS REPEALED, EFFECTIVE JULY 1,6
2024.7
(II) F
OR A DOWNHOLE OPERATION THAT COMMENCES ON OR AFTER8
J
ULY 31, 2023, THE INFORMATION AND DECLARATION REQUIRED TO BE9
PROVIDED PURSUANT TO SUBSECTION (3)(a) OF THIS SECTION MUST BE10
PROVIDED TO THE COMMISSION
WITHIN ONE HUNDRED TWENTY DAYS11
AFTER THE COMMENCEMENT OF THE DOWNHOLE OPERATION .12
(c) T
HE COMMISSION SHALL MAKE REASONABLE EFFORTS TO13
ENSURE THAT THE INFORMATION AND DECLARATION REQUIRED TO BE14
PROVIDED UNDER SUBSECTION (3)(a) OF THIS SECTION IS PROVIDED TO THE15
COMMISSION.16
(4) Change in chemical disclosure information. I
F THERE IS A17
CHANGE IN THE INFORMATION PROVIDED UNDER SUBSECTION (2)(a)(I) OR18
(3)(a)(I)
OF THIS SECTION, THE
DISCLOSER OR OPERATOR MUST SUBMIT THE19
CHANGE TO THE COMMISSION WITHIN THIRTY DAYS AFTER THE DATE THE20
DISCLOSER OR OPERATOR FIRST KNEW OF THE CHANGE .21
(5) Chemical disclosure lists. (a) T
HE COMMISSION SHALL USE22
THE CHEMICAL DISCLOSURE INFORMATION TO CREATE A CHEMICAL23
DISCLOSURE LIST FOR EACH APPLICABLE WELL SITE .24
(b) T
HE COMMISSION SHALL INCLUDE IN THE CHEMICAL25
DISCLOSURE LIST:26
(I) A
N ALPHABETICAL LIST OF THE NAMES AND CHEMICAL27
1348
-13- ABSTRACTS SERVICE NUMBERS OF EACH CHEMICAL THAT WILL BE USED IN1
DOWNHOLE OPERATIONS AT THE WELL SITE ; AND2
(II) T
HE TOTAL ESTIMATED AMOUNT OF EACH CHEMICAL THAT AN3
OPERATOR
USED IN DOWNHOLE OPERATIONS AT THE WELL SITE .4
(c) T
HE COMMISSION SHALL NOT INCLUDE IN THE CHEMICAL5
DISCLOSURE LIST:6
(I) T
HE TRADE NAME OF A CHEMICAL PRODUCT USED IN DOW NHOLE7
OPERATIONS AT THE WELL SITE; OR8
(II) T
HE TOTAL AMOUNT OF A CHEMICAL IN A CHEMICAL PRODUCT . 9
(d) N
O LATER THAN SEVEN DAYS AFTER AN OPERATOR MAKES THE10
DISCLOSURES REQUIRED UNDER SUBSECTION (3) OF THIS SECTION, THE11
COMMISSION SHALL:12
(I) P
OST THE CHEMICAL DISCLOSURE LIST ON THE CHEMICAL13
DISCLOSURE WEBSITE AND INCLUDE THE DATE OF THE SUBMISSION OF THE14
CHEMICAL DISCLOSURE LIST TO THE COMMISSION IN THE POST ; AND15
(II) P
ROVIDE THE CHEMICAL DISCLOSURE LIST TO THE OPERATOR16
OF THE APPLICABLE WELL.17
(e) T
HE COMMISSION SHALL:18
(I) P
OST AN UPDATED CHEMICAL DISCLOSURE LIST IF THERE ARE19
ANY NOTIFICATIONS RECEIVED FROM A
DISCLOSER OR OPERATOR UNDER20
SUBSECTION (4) OF THIS SECTION AND INCLUDE THE DATE OF THE21
NOTIFICATION BY THE DISCLOSER OR OPERATOR IN THE POST; AND22
(II) E
NSURE THAT:23
(A) A
LL CHEMICAL DISCLOSURE LISTS AND UPDATED CHEMICAL24
DISCLOSURE LISTS REMAIN VIEWABLE BY THE PUBLIC ;25
(B) T
HE CHEMICAL DISCLOSURE WEBSITE IS SEARCHABLE BY26
CHEMICAL, DATE OF SUBMISSION OR UPDATE OF A CHEMICAL DISCLOSURE27
1348
-14- LIST, NAME AND ADDRESS OF THE OPERATOR , AND COUNTY OF THE WELL1
SITE; AND2
(C) T
HE CHEMICAL DISCLOSURE WEBSITE ALLOWS MEMBERS OF3
THE PUBLIC TO DOWNLOAD CHEMICAL DISCLOSURE LISTS IN AN4
ELECTRONIC, DELIMITED FORMAT.5
(6) Community notification. (a)
ON OR BEFORE JULY 31, 2023,6
AND SUBJECT TO SUBSECTION (6)(b) OF THIS SECTION, AN OPERATOR7
SHALL PROVIDE THE CHEMICAL DISCLOSURE LIST TO :8
(I) A
LL PARTIES THAT:9
(A) A
RE LOCATED WITHIN TWO THOUSAND SIX HUNDRED FORTY10
FEET OF THE WELL SITE; AND11
(B) T
HE OPERATOR IS REQUIRED BY RULE TO NOTIFY OF THE12
DETERMINATION MADE BY THE DIRECTOR OF THE COMMISSION THAT AN13
OIL AND GAS DEVELOPMENT PLAN IS COMPLETE ;14
(II) T
HE ADMINISTRATOR OF ANY PUBLIC WATER SYSTEM THAT15
OPERATES:16
(A) A
SURFACE WATER PUBLIC WATER SYSTEM INTAKE THAT IS17
LOCATED FIFTEEN STREAM MILES OR LESS DOWNSTREAM FROM THE WELL18
SITE;19
(B) A
GROUNDWATER UNDER THE DIRECT INFLUENCE OF A20
SURFACE WATER PUBLIC WATER SYSTEM SUPPLY WELL WITHIN TWO21
THOUSAND SIX HUNDRED FORTY FEET OF THE WELL SITE ; AND22
(C) A
PUBLIC WATER SYSTEM SUPPLY WELL COMPLETED IN A TYPE23
III
AQUIFER WITHIN TWO THOUSAND SIX HUNDRED FORTY FEET OF THE24
WELL SITE; AND25
(III) T
HE DIVISION IF:26
(A) T
HERE IS A HIGH-PRIORITY HABITAT AREA WITHIN ONE MILE OF27
1348
-15- THE WELL SITE; OR1
(B) T
HERE IS A STATE WILDLIFE AREA, AS DEFINED IN SECTION2
33-1-102
(42), OR A STATE PARK OR RECREATION AREA WITHIN TWO3
THOUSAND SIX HUNDRED FORTY FEET OF THE WELL SITE .4
5
(b) THE CHEMICAL DISCLOSURE LIST MUST BE DISCLOSED IN6
ACCORDANCE WITH SUBSECTION (6)(a) OF THIS SECTION WITHIN THIRTY7
DAYS AFTER THE OPERATOR'S RECEIPT OF THE CHEMICAL DISCLOSURE LIST8
FROM THE COMMISSION.9
(7) Trade secret claims. (a) I
F A MANUFACTURER BELIEVES THAT10
ANY INFORMATION THE MANUFACTURER IS REQUIRED TO DISCLOSE UNDER11
SUBSECTION
(2)(d) OF THIS SECTION IS A TRADE SECRET AND SHOULD NOT12
BE INCLUDED IN A CHEMICAL DISCLOSURE LIST , THE MANUFACTURER13
SHALL FILE A TRADE SECRET CLAIM WITH THE COMMISSION AND PROVIDE14
THE COMMISSION WITH A WRITTEN DESCRIPTION OF :15
(I) T
HE EXTENT THAT THE INFORMATION COVERED BY THE TRADE16
SECRET CLAIM IS KNOWN BY:17
(A) T
HE MANUFACTURER'S EMPLOYEES;18
(B) P
ERSONS INVOLVED IN THE MANUFACTURER 'S BUSINESS; AND19
(C) P
ERSONS OUTSIDE OF THE MANUFACTURER 'S BUSINESS;20
(II) M
EASURES TAKEN BY THE MANUFACTURER TO PROTECT THE21
SECRECY OF THE INFORMATION COVERED BY THE TRADE SECRET CLAIM ;22
(III) T
HE VALUE OF THE INFORMATION COVERED BY THE TRADE23
SECRET CLAIM TO THE MANUFACTURER AND THE MANUFACTURER 'S24
COMPETITORS; AND25
(IV) T
HE AMOUNT OF EFFORT AND MONEY SPENT BY THE26
MANUFACTURER IN DEVELOPING THE INFORMATION COVERED BY THE27
1348
-16- TRADE SECRET CLAIM.1
(b) N
OTWITHSTANDING ANY LAW TO THE CONTRARY , THE2
COMMISSION SHALL NOT PROTECT THE NAMES OR CHEMICAL ABSTRACTS3
S
ERVICE NUMBERS OF ANY CHEMICAL AS A TRADE SECRET .4
(c) I
F THE COMMISSION DETERMINES THAT A TRADE SECRET CLAIM5
FILED UNDER SUBSECTION (7)(a) OF THIS SECTION IS INCOMPLETE, THE6
COMMISSION SHALL NOTIFY THE MANUFACTURER BY CERTIFIED MAIL . THE7
MANUFACTURER HAS THIRTY DAYS AFTER RECEIVING THE COMMISSION 'S8
WRITTEN NOTICE TO PROVIDE ANY MISSING INFORMATION TO THE9
COMMISSION.10
11
(d) IF THE COMMISSION DETERMINES THAT THE TRADE SECRET12
CLAIM IS COMPLETE:13
(I) T
HE COMMISSION SHALL NOT INCLUDE THE INFORMATION IN14
ANY APPLICABLE CHEMICAL DISCLOSURE LIST ; AND15
(II) T
HE COMMISSION MAY DISCLOSE THE INFORMATION ONLY IN16
ACCORDANCE WITH SUBSECTION (8) OF THIS SECTION.17
18
(e) NOTWITHSTANDING ANY LAW TO THE CONTRARY , NOTHING IN19
THIS SUBSECTION (7) ALLOWS A MANUFACTURER TO REFUSE TO DISCLOSE20
TO THE COMMISSION THE INFORMATION REQUIRED TO BE DISCLOSED21
UNDER SUBSECTION (2)(a)(I) OF THIS SECTION.22
(8) Disclosure of chemical disclosure information to state23
agencies, health-care professionals, and scientists. (a) O
N OR BEFORE24
J
ULY 31, 2023, THE COMMISSION SHALL PROMULGATE RULES SETTING25
FORTH STANDARDS FOR THE DISCLOSURE OF CHEMICAL DISCLOSURE26
INFORMATION TO:27
1348
-17- (I) AN OFFICER OR EMPLOYEE OF THE UNITED STATES, THE STATE,1
OR A LOCAL GOVERNMENT IN CONNECTION WITH THE OFFICER 'S OR2
EMPLOYEE'S OFFICIAL DUTIES;3
(II) C
ONTRACTORS OF THE UNITED STATES, THE STATE, OR A4
LOCAL GOVERNMENT IF THE COMMISSION DETERMINES THAT DISCLOSURE5
OF THE CHEMICAL DISCLOSURE INFORMATION IS NECESSARY FOR :6
(A) S
ATISFACTORY PERFORMANCE OF A CONTRACT WITH THE7
U
NITED STATES, THE STATE, OR A LOCAL GOVERNMENT; OR8
(B) T
HE PROTECTION OF PUBLIC HEALTH AND SAFETY ;9
(III) A
HEALTH-CARE PROFESSIONAL IN THE EVENT OF AN10
EMERGENCY OR TO DIAGNOSE OR TREAT A PATIENT ; AND11
(IV) I
N ORDER TO PROTECT PUBLIC HEALTH AND SAFETY , A PERSON12
WHO IS:13
(A) E
MPLOYED IN THE FIELD OF PUBLIC HEALTH IN A14
GOVERNMENTAL OR HEALTH -CARE AGENCY; OR15
(B) A
SCIENTIST OR RESEARCHER EMPLOYED BY AN INSTITUTION16
OF HIGHER EDUCATION WHO IS STUDYING THE ENVIRONMENTAL OR17
HEALTH IMPACTS OF CHEMICAL PRODUCTS .18
(b) A
PERSON DESCRIBED IN SUBSECTION (8)(a)(IV) OF THIS19
SECTION MUST SUBMIT A WRITTEN STATEMENT OF NEED TO THE20
COMMISSION TO RECEIVE CHEMICAL DISCLOSURE INFORMATION . THE21
WRITTEN STATEMENT OF NEED , AT A MINIMUM, MUST:22
(I) I
DENTIFY THE SPECIFIC CHEMICAL DISCLOSURE INFORMATION23
THAT IS SOUGHT BY THE PERSON; AND24
(II) D
ESCRIBE THE REASON THAT DISCLOSURE OF THE SPECIFIC25
CHEMICAL DISCLOSURE INFORMATION IS NECESSARY FOR PUBLIC HEALTH26
OR RESEARCH PURPOSES.27
1348
-18- (c) A HEALTH-CARE PROFESSIONAL DESCRIBED IN SUBSECTION1
(8)(a)(III)
OF THIS SECTION MAY SHARE THE CHEMICAL DISCLOSURE2
INFORMATION WITH OTHER PERSONS , INCLUDING WITH THE PATIENT AND3
OTHER HEALTH-CARE PROFESSIONALS, AS MAY BE PROFESSIONALLY4
NECESSARY TO DIAGNOSE OR TREAT A PATIENT , EXCEPT AS PROHIBITED5
UNDER APPLICABLE FEDERAL OR STATE LAW .6
(9) Reporting to the general assembly. (a) (I) T
HE COMMISSION7
SHALL PREPARE AN ANNUAL REPORT THAT INCLUDES :8
(A) A
LIST OF THE CHEMICALS USED IN DOWNHOLE OPERATIONS IN9
THE STATE IN THE PRIOR CALENDAR YEAR ;10
(B) A
N APPROXIMATE AMOUNT OF EACH CHEMICAL USED IN11
DOWNHOLE OPERATIONS IN THE STATE IN THE PRIOR CALENDAR YEAR ;12
(C) A
DESCRIPTION OF THE CONCENTRATION OF THE USE OF EACH13
CHEMICAL IN AREAS THROUGHOUT THE STATE IN THE PRIOR CALENDAR14
YEAR; AND15
(D) T
HE NUMBER OF TRADE SECRET CLAIMS RECEIVED BY THE16
COMMISSION UNDER SUBSECTION (7)(a) OF THIS SECTION IN THE PRIOR17
CALENDAR YEAR.18
(II) N
O LATER THAN FEBRUARY 1, 2025, AND ON OR BEFORE EACH19
F
EBRUARY 1 THEREAFTER, THE COMMISSION SHALL:20
(A) S
UBMIT AND PRESENT THE REPORT PREPARED PURSUANT TO21
SUBSECTION (9)(a)(I) OF THIS SECTION TO THE ENERGY AND ENVIRONMENT22
COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE23
TRANSPORTATION AND ENERGY COMMITTEE OF THE SENATE , OR ANY24
SUCCESSOR COMMITTEES; AND25
(B) P
OST THE REPORT ON THE COMMISSION 'S WEBSITE.26
(b) N
OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE27
1348
-19- REQUIREMENT TO REPORT TO THE LEGISLATIVE COMMITTEES CONTINUES1
INDEFINITELY.2
(10) Rules. T
HE COMMISSION MAY PROMULGATE RULES THAT ARE3
NECESSARY FOR THE IMPLEMENTATION AND ADMINISTRATION OF THIS4
SECTION.5 (11) Local governments. NOTHING IN THIS SECTION OR THE RULES6
PROMULGATED BY THE COMMISSION PURSUANT TO THIS SECTION LIMITS A7
LOCAL GOVERNMENT FROM ENACTING OR ENFORCING ANY ORDINANCE,8
REGULATION, OR OTHER LAW RELATED TO THE DISCLOSURE OF ANY9
CHEMICAL PRODUCT.10
(12) NOTWITHSTANDING ANY LAW TO THE CONTRARY, NOTHING11
IN THIS SECTION OR THE RULES PROMULGATED BY THE COMMISSION12
PURSUANT TO THIS SECTION PREVENTS THE COMMISSION, THE STATE, OR13
A LOCAL GOVERNMENT FROM COLLECTING CHEMICAL DISCLOSURE14
INFORMATION FROM DISCLOSERS OR OPERATORS UNDER ANY OTHER15
PROVISION OF LAW.16
SECTION 3. Appropriation. (1) For the 2022-23 state fiscal17
year, $61,500 is appropriated to the department of natural resources. This18
appropriation is from the oil and gas conservation and environmental19
response fund created in section 34-60-122 (5)(a), C.R.S. To implement20
this act, the department may use this appropriation for the purchase of21
information technology services.22
(2) For the 2022-23 state fiscal year, $61,500 is appropriated to23
the office of the governor for use by the office of information technology.24
This appropriation is from reappropriated funds received from the25
department of natural resources under subsection (1) of this section. To26
implement this act, the office may use this appropriation to provide27
1348
-20- information technology services for the department of natural resources.1
SECTION 4. Safety clause. The general assembly hereby finds,2
determines, and declares that this act is necessary for the immediate3
preservation of the public peace, health, or safety.4
1348
-21-