Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 22-0306.01 Sarah Lozano x3858
HOUSE BILL 22-1348
House Committees Senate Committees
Energy & Environment Transportation & Energy
Appropriations 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
SENATE
Amended 3rd Reading
May 11, 2022
SENATE
Amended 2nd Reading
May 10, 2022
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, Buckner, Donovan, Fenberg, Ginal, Gonzales, Hansen, Jaquez Lewis, Lee, Moreno,
Pettersen, Story, Zenzinger
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 operators disclose chemical information to the22
state, local governments, and communities in close proximity to23
operations after the operations have commenced; and24
(g) A full inventory of the chemicals used in oil and gas25
production will:26
(I) Assist state agencies, local governments, health-care27
1348
-5- professionals, public health officials, and scientists in determining if1
highly hazardous chemicals are being used in oil and gas production; and2
3
(II) Encourage the disclosers and users of products that contain4
highly hazardous chemicals to use less toxic alternatives in future5
products and oil and gas operations.6
(3) Therefore the general assembly determines and declares that7
the state should enact a regulatory scheme that provides full disclosure of8
the chemicals that are being deposited into the environment through oil9
and gas production because:10
(a) Coloradans have the right to know what chemicals are being11
deposited into the environment where they live, work, and recreate; and12
(b) State and local governments and regulators need this chemical13
information to adequately protect the people, water systems, wildlife, and14
environment of Colorado.15
SECTION 2. In Colorado Revised Statutes, add 34-60-132 as16
follows:17
34-60-132. Disclosure of chemicals used in downhole oil and18
gas operations - chemical disclosure lists - community notification19
- - reports - definitions - rules - repeal. (1) A S USED IN THIS SECTION,20
UNLESS THE CONTEXT OTHERWISE REQUIRES :21
(a) (I) "A
DDITIVE" MEANS A CHEMICAL OR COMBINATION OF22
CHEMICALS ADDED TO A BASE FLUID FOR USE IN A HYDRAULIC23
FRACTURING TREATMENT .24
(II) "A
DDITIVE" INCLUDES PROPPANTS.25
(b) "B
ASE FLUID" MEANS THE CONTINUOUS PHASE FLUID TYPE ,26
SUCH AS WATER, USED IN A HYDRAULIC FRACTURING TREATMENT .27
1348
-6- (c) "CHEMICAL" MEANS ANY ELEMENT, CHEMICAL COMPOUND, OR1
MIXTURE OF ELEMENTS OR CHEMICAL COMPOUNDS THAT HAS A SPECIFIC2
NAME OR IDENTITY, INCLUDING A CHEMICAL ABSTRACTS SERVICE3
NUMBER.4
(d) "C
HEMICAL ABSTRACTS SERVICE NUMBER" MEANS THE UNIQUE5
NUMERICAL IDENTIFIER ASSIGNED BY THE CHEMICAL ABSTRACTS SERVICE6
TO A CHEMICAL.7
(e) "C
HEMICAL DISCLOSURE INFORMATION " MEANS THE8
INFORMATION DISCLOSED TO THE COMMISSION UNDER SUBSECTIONS9
(2)(a)(I)
AND (3)(a)(I) OF THIS SECTION.10
(f) "C
HEMICAL DISCLOSURE LIST" MEANS A LIST OF CHEMICALS11
USED IN DOWNHOLE OPERATIONS AT A WELL SITE .12
(g) "C
HEMICAL DISCLOSURE WEBSITE" MEANS A WEBSITE THAT IS13
CAPABLE OF DISPLAYING CHEMICAL DISCLOSURE LISTS AND CAN BE14
ACCESSED BY THE PUBLIC.15
(h) (I) "C
HEMICAL PRODUCT" MEANS ANY PRODUCT THAT16
CONSISTS OF ONE OR MORE CHEMICALS AND IS SOLD OR DISTRIBUTED FOR17
USE IN DOWNHOLE OPERATIONS IN THE STATE .18
(II) "C
HEMICAL PRODUCT" INCLUDES ADDITIVES, BASE FLUIDS,19
AND HYDRAULIC FRACTURING FLUIDS .20
(III) "CHEMICAL PRODUCT" DOES NOT INCLUDE THE STRUCTURAL21
AND MECHANICAL COMPONENTS OF A WELL SITE WHERE DOWNHOLE22
OPERATIONS ARE BEING CONDUCTED .23
(i) (I) "DIRECT VENDOR" MEANS ANY DISTRIBUTOR, SUPPLIER, OR24
OTHER ENTITY THAT SELLS OR SUPPLIES ONE OR MORE CHEMICAL25
PRODUCTS DIRECTLY TO AN OPERATOR OR SERVICE PROVIDER FOR USE AT26
A WELL SITE.27
1348
-7- (II) "DIRECT VENDOR" DOES NOT INCLUDE ENTITIES THAT1
MANUFACTURE, PRODUCE, OR FORMULATE CHEMICAL PRODUCTS FOR2
FURTHER MANUFACTURE, FORMULATION, SALE, OR DISTRIBUTION BY3
THIRD PARTIES PRIOR TO BEING SUPPLIED DIRECTLY TO OPERATORS OR4
SERVICE PROVIDERS.5
(j) "DISCLOSER" MEANS AN OPERATOR, ANY SERVICE PROVIDER6
USING ONE OR MORE CHEMICAL PRODUCTS IN THE COURSE OF DOWNHOLE7
OPERATIONS, AND ANY DIRECT VENDOR THAT PROVIDES ONE OR MORE8
CHEMICAL PRODUCTS DIRECTLY TO THE OPERATOR OR SERVICE PROVIDER9
FOR USE AT A WELL SITE.10
(k) "DIVISION" MEANS THE DIVISION OF PARKS AND WILDLIFE IN11
THE DEPARTMENT OF NATURAL RESOURCES .12
(l) "DOWNHOLE OPERATIONS " MEANS OIL AND GAS PRODUCTION13
OPERATIONS THAT ARE CONDUCTED UNDERGROUND .14
(m) "HEALTH-CARE PROFESSIONAL" MEANS A PHYSICIAN ,15
PHYSICIAN ASSISTANT, NURSE PRACTITIONER, REGISTERED NURSE, OR16
EMERGENCY MEDICAL SERVICE PROVIDER LICENSED OR CERTIFIED BY THE17
STATE.18
(n) "HIGH-PRIORITY HABITAT" MEANS HABITAT AREAS IDENTIFIED19
BY THE DIVISION WHERE MEASURES TO AVOID, MINIMIZE, AND MITIGATE20
ADVERSE IMPACTS TO WILDLIFE HAVE BEEN IDENTIFIED TO PROTECT21
BREEDING, NESTING, FORAGING, MIGRATING, OR OTHER USES BY WILDLIFE.22
(o) "HYDRAULIC FRACTURING FLUID " MEANS THE FLUID ,23
INCLUDING ANY BASE FLUID AND ADDITIVES , USED TO PERFORM A24
HYDRAULIC FRACTURING TREATMENT .25
(p) "HYDRAULIC FRACTURING TREATMENT " MEANS ALL STAGES OF26
THE TREATMENT OF A WELL BY THE APPLICATION OF HYDRAULIC27
1348
-8- FRACTURING FLUID UNDER PRESSURE , WHICH TREATMENT IS EXPRESSLY1
DESIGNED TO INITIATE OR PROPAGATE FRACTURES IN AN UNDERGROUND2
GEOLOGIC FORMATION TO ENHANCE THE PRODUCTION OF OIL AND GAS .3
(q) "MANUFACTURER" MEANS A PERSON OR ENTITY THAT MAKES,4
ASSEMBLES, OR OTHERWISE GENERATES A CHEMICAL PRODUCT OR WHOSE5
TRADE NAME IS AFFIXED TO A CHEMICAL PRODUCT .6
(r) "PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES " OR7
"PFAS
CHEMICALS" HAS THE MEANING SET FORTH IN SECTION 25-5-13028
(7).9 (s) "PROPPANTS" MEANS MATERIALS INSERTED OR INJECTED INTO10
AN UNDERGROUND GEOLOGIC FORMATION DURING A HYDRAULIC11
FRACTURING TREATMENT THAT ARE INTENDED TO PREVENT FRACTURES12
FROM CLOSING.13
(t) "PUBLIC WATER SYSTEMS" HAS THE MEANING SET FORTH IN14
SECTION 25-1.5-201 (1).15
(u) "T
RADE SECRET" HAS THE MEANING SET FORTH IN SECTION
16
7-74-102
(4).
17
18
(v) "TYPE III AQUIFER" MEANS AN AQUIFER THAT CONSISTS OF19
UNCONSOLIDATED GEOLOGIC MATERIAL , INCLUDING ALLUVIAL ,20
COLLUVIAL, OR OTHER CONSOLIDATED MATERIALS .21
(w) "WELL SITE" MEANS THE AREA THAT IS DIRECTLY DISTURBED22
DURING OIL AND GAS OPERATIONS.23
(2) Discloser chemical disclosure information and declaration.24
(a) O
N AND AFTER JULY 31, 2023, AND SUBJECT TO SUBSECTION (2)(b) OF25
THIS SECTION, A
DISCLOSER THAT SELLS OR DISTRIBUTES A CHEMICAL26
PRODUCT FOR USE IN DOWNHOLE OPERATIONS IN THE STATE OR THAT USES27
1348
-9- A CHEMICAL PRODUCT IN DOWNHOLE OPERATIONS IN THE STATE MUST:1
(I) D
ISCLOSE TO THE COMMISSION:2
(A) T
HE TRADE NAME OF THE CHEMICAL PRODUCT ; AND
3
(B) A
LIST OF THE NAMES AND CHEMICAL ABSTRACTS SERVICE4
NUMBERS OF EACH CHEMICAL USED IN THE CHEMICAL PRODUCT ; AND
5
(C) I
F A DISCLOSER BELIEVES THAT A CHEMICAL CONSTITUENT OF
6
A CHEMICAL PRODUCT IS A TRADE SECRET OR IS PROPRIETARY7
INFORMATION, NEVERTHELESS DISCLOSE THE CHEMICAL CONSTITUENT ;8
AND9
10
(II) P
ROVIDE A WRITTEN DECLARATION TO THE COMMISSION THAT11
THE CHEMICAL PRODUCT CONTAINS NO INTENTIONALLY ADDED PFAS12
CHEMICALS.13
(b) (I) (A) F
OR
DISCLOSERS THAT WERE ALREADY SELLING OR14
DISTRIBUTING A CHEMICAL PRODUCT FOR USE IN DOWNHOLE OPERATIONS15
IN THE STATE BEFORE JULY 31, 2023,OR THAT WERE USING THE CHEMICAL16
PRODUCT BEFORE JULY 31, 2023, THE INFORMATION AND DECLARATION17
REQUIRED TO BE PROVIDED PURSUANT TO SUBSECTION (2)(a) OF THIS18
SECTION MUST BE PROVIDED TO THE COMMISSION AT LEAST THIRTY DAYS19
BEFORE JULY 31, 2023.20
(B) T
HIS SUBSECTION (2)(b)(I) IS REPEALED, EFFECTIVE JULY 1,21
2024.22
(II) F
OR
DISCLOSERS THAT BEGIN TO SELL, DISTRIBUTE, OR USE A23
CHEMICAL PRODUCT FOR USE IN DOWNHOLE OPERATIONS IN THE STATE ON24
OR AFTER JULY 31, 2023, THE INFORMATION AND DECLARATION REQUIRED25
TO BE PROVIDED PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION MUST26
BE PROVIDED TO THE COMMISSION AT LEAST THIRTY DAYS BEFORE THE27
1348
-10- DISCLOSER BEGINS SELLING, DISTRIBUTING, OR USING THE CHEMICAL1
PRODUCT.2
(c) T
HE COMMISSION SHALL
ENSURE THAT THE INFORMATION3
AND DECLARATION REQUIRED TO BE PROVIDED UNDER SUBSECTION (2)(a)4
OF THIS SECTION IS PROVIDED TO THE COMMISSION .5
(d) IF A MANUFACTURER DOES NOT PROVIDE THE INFORMATION6
DESCRIBED IN SUBSECTION (2)(a)(I) OF THIS SECTION FOR A CHEMICAL7
PRODUCT THAT IT SELLS OR DISTRIBUTES FOR USE IN DOWNHOLE8
OPERATIONS IN THE STATE TO A DISCLOSER UPON THE REQUEST OF THE9
DISCLOSER OR THE COMMISSION, THE MANUFACTURER MUST PROVIDE THE10
COMMISSION WITH A TRADE SECRET FORM OF ENTITLEMENT , AS11
DETERMINED BY THE COMMISSION BY RULE, FOR THE CHEMICAL PRODUCT.12
AT A MINIMUM, THE MANUFACTURER MUST INCLUDE IN THE TRADE SECRET13
FORM OF ENTITLEMENT FOR THE CHEMICAL PRODUCT :14
(I) THE NAME OF EACH CHEMICAL USED IN THE CHEMICAL15
PRODUCT; AND16
(II) THE CHEMICAL ABSTRACTS SERVICE NUMBER OF EACH17
CHEMICAL USED IN THE CHEMICAL PRODUCT .18
19
(e) IF, AFTER MAKING A REQUEST TO THE MANUFACTURER OF THE20
CHEMICAL PRODUCT PURSUANT TO SUBSECTION (2)(d) OF THIS SECTION,21
A DISCLOSER IS UNABLE TO DISCLOSE THE INFORMATION DESCRIBED IN22
SUBSECTION (2)(a)(I) OF THIS SECTION, THE DISCLOSER SHALL DISCLOSE23
TO THE COMMISSION:24
(I) THE NAME OF THE CHEMICAL PRODUCT 'S MANUFACTURER;25
(II) THE CHEMICAL PRODUCT'S TRADE NAME;26
(III) THE AMOUNT OR WEIGHT OF THE CHEMICAL PRODUCT ; AND27
1348
-11- (IV) A SAFETY DATA SHEET FOR THE CHEMICAL PRODUCT, IF IT IS1
AVAILABLE FOR DISCLOSURE BY THE DISCLOSER AND PROVIDES THE2
INFORMATION DESCRIBED IN SUBSECTION (2)(a)(I) OF THIS SECTION.3
(f) I
N THE EVENT THAT THE DISCLOSER IS UNABLE TO DISCLOSE
4
THE INFORMATION DESCRIBED IN SUBSECTION (2)(a)(I) OF THIS SECTION,5
THE COMMISSION SHALL OBTAIN THE INFORMATION DESCRIBED IN6
SUBSECTION (2)(a)(I) OF THIS SECTION FROM THE MANUFACTURER .7
(3) Operator chemical disclosure information - declaration.8
(a) O
N AND AFTER JULY 31, 2023, AND SUBJECT TO SUBSECTION (3)(b) OF9
THIS SECTION, AN OPERATOR OF DOWNHOLE OPERATIONS USING A10
CHEMICAL PRODUCT MUST :11
(I) D
ISCLOSE TO THE COMMISSION:12
(A) T
HE DATE OF COMMENCEMENT OF DOWNHOLE OPERATIONS ;13
(B) T
HE COUNTY OF THE WELL SITE WHERE DOWNHOLE14
OPERATIONS ARE BEING OR WILL BE CONDUCTED ;15
(C) T
HE UNIQUE NUMERICAL IDENTIFIER ASSIGNED BY THE
16
A
MERICAN PETROLEUM INSTITUTE TO THE WELL WHERE DOWNHOLE
17
OPERATIONS ARE BEING OR WILL BE CONDUCTED AND THE US WELL18
NUMBER ASSIGNED TO THE WELL WHERE DOWNHOLE OPERATIONS ARE19
BEING OR WILL BE CONDUCTED; AND20
(D) T
HE TRADE NAMES AND QUANTITIES OF ANY CHEMICAL21
PRODUCTS THE OPERATOR
USED IN DOWNHOLE OPERATIONS ; AND22
(II) P
ROVIDE A WRITTEN DECLARATION TO THE COMMISSION THAT23
THE CHEMICAL PRODUCT CONTAINS NO INTENTIONALLY ADDED PFAS24
CHEMICALS.25
(b) (I) (A) F
OR A DOWNHOLE OPERATION THAT COMMENCED26
BEFORE JULY 31, 2023, AND THAT WILL BE ONGOING ON JULY 31, 2023,27
1348
-12- THE INFORMATION AND DECLARATION REQUIRED TO BE PROVIDED1
PURSUANT TO SUBSECTION (3)(a) OF THIS SECTION MUST BE PROVIDED TO2
THE COMMISSION WITHIN ONE HUNDRED TWENTY DAYS AFTER JULY 31,3
2023.4
(B) T
HIS SUBSECTION (3)(b)(I) IS REPEALED, EFFECTIVE JULY 1,5
2024.6
(II) F
OR A DOWNHOLE OPERATION THAT COMMENCES ON OR AFTER7
J
ULY 31, 2023, THE INFORMATION AND DECLARATION REQUIRED TO BE8
PROVIDED PURSUANT TO SUBSECTION (3)(a) OF THIS SECTION MUST BE9
PROVIDED TO THE COMMISSION
WITHIN ONE HUNDRED TWENTY DAYS10
AFTER THE COMMENCEMENT OF THE DOWNHOLE OPERATION .11
(c) T
HE COMMISSION SHALL
ENSURE THAT THE INFORMATION12
AND DECLARATION REQUIRED TO BE PROVIDED UNDER SUBSECTION (3)(a)13
OF THIS SECTION IS PROVIDED TO THE COMMISSION .14
(4) Change in chemical disclosure information. I
F THERE IS A15
CHANGE IN THE INFORMATION PROVIDED UNDER SUBSECTION (2)(a)(I) OR16
(3)(a)(I)
OF THIS SECTION, THE
DISCLOSER OR OPERATOR, OR IN THE CASE17
OF DISCLOSURE UNDER SUBSECTION (2)(d) OF THIS SECTION, THE18
MANUFACTURER, MUST SUBMIT THE CHANGE TO THE COMMISSION WITHIN19
THIRTY DAYS AFTER THE DATE THE DISCLOSER , MANUFACTURER, OR20
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
25
(b) (I) T
HE COMMISSION SHALL INCLUDE IN THE CHEMICAL
26
DISCLOSURE LIST AN ALPHABETICAL LIST OF THE NAMES AND CHEMICAL27
1348
-13- ABSTRACTS SERVICE REGISTRY NUMBERS OF EACH CHEMICAL USED IN1
DOWNHOLE OPERATIONS AT THE WELL SITE .2
(II) N
OTWITHSTANDING ANY LAW TO THE CONTRARY , THE
3
COMMISSION SHALL INCLUDE THE NAMES AND CHEMICAL ABSTRACTS4
S
ERVICE REGISTRY NUMBERS OF ALL CHEMICALS USED IN DOWNHOLE
5
OPERATIONS IN THE CHEMICAL DISCLOSURE LIST AND SHALL NOT PROTECT6
THE NAMES OR CHEMICAL ABSTRACTS SERVICE REGISTRY NUMBERS OF7
ANY CHEMICAL AS A TRADE SECRET OR PROPRIETARY INFORMATION . ANY8
FORMULAS AND PROCESSES CONTINUE TO HAVE TRADE SECRET9
PROTECTIONS.10
(c) T
HE COMMISSION SHALL NOT INCLUDE IN THE CHEMICAL11
DISCLOSURE LIST:12
(I) T
HE TRADE NAME OF A CHEMICAL PRODUCT USED IN DOWNHOLE13
OPERATIONS AT THE WELL SITE; OR14
(II) T
HE TOTAL AMOUNT OF A CHEMICAL IN A CHEMICAL PRODUCT . 15
(d) N
O LATER THAN THIRTY
DAYS AFTER AN OPERATOR MAKES THE16
DISCLOSURES REQUIRED UNDER SUBSECTION (3) OF THIS SECTION, THE17
COMMISSION SHALL:18
(I) P
OST THE CHEMICAL DISCLOSURE LIST ON THE CHEMICAL19
DISCLOSURE WEBSITE AND INCLUDE THE DATE OF THE SUBMISSION OF THE20
CHEMICAL DISCLOSURE LIST TO THE COMMISSION IN THE POST ; AND21
(II) P
ROVIDE THE CHEMICAL DISCLOSURE LIST TO THE OPERATOR22
OF THE APPLICABLE WELL.23
(e) T
HE COMMISSION SHALL:24
(I) P
OST AN UPDATED CHEMICAL DISCLOSURE LIST IF THERE ARE25
ANY NOTIFICATIONS RECEIVED FROM A DISCLOSER , MANUFACTURER,
OR26
OPERATOR UNDER SUBSECTION (4) OF THIS SECTION AND INCLUDE THE27
1348
-14- DATE OF THE NOTIFICATION BY THE DISCLOSER , MANUFACTURER, OR1
OPERATOR IN THE POST; AND2
(II) E
NSURE THAT:3
(A) A
LL CHEMICAL DISCLOSURE LISTS AND UPDATED CHEMICAL4
DISCLOSURE LISTS REMAIN VIEWABLE BY THE PUBLIC ;5
(B) T
HE CHEMICAL DISCLOSURE WEBSITE IS SEARCHABLE BY6
CHEMICAL, DATE OF SUBMISSION OR UPDATE OF A CHEMICAL DISCLOSURE7
LIST, NAME AND ADDRESS OF THE OPERATOR , AND COUNTY OF THE WELL8
SITE; AND9
(C) T
HE CHEMICAL DISCLOSURE WEBSITE ALLOWS MEMBERS OF10
THE PUBLIC TO DOWNLOAD CHEMICAL DISCLOSURE LISTS IN AN11
ELECTRONIC, DELIMITED FORMAT.12
(6) Community notification. (a)
ON OR BEFORE JULY 31, 2023,13
AND SUBJECT TO SUBSECTION (6)(b) OF THIS SECTION, AN OPERATOR14
SHALL PROVIDE THE CHEMICAL DISCLOSURE LIST TO :15
(I) A
LL OWNERS OF MINERALS THAT ARE BEING DEVELOPED AT THE
16
WELL SITE;17
(II) A
LL SURFACE OWNERS , BUILDING UNIT OWNERS , AND
18
RESIDENTS, INCLUDING TENANTS OF BOTH RESIDENTIAL AND COMMERCIAL19
PROPERTIES, THAT ARE WITHIN TWO THOUSAND SIX HUNDRED FORTY FEET20
OF THE WELL SITE;21
(III) T
HE STATE LAND BOARD IF THE STATE OWNS MINERALS THAT
22
ARE BEING DEVELOPED AT THE WELL SITE ;23
(IV) T
HE FEDERAL BUREAU OF LAND MANAGEMENT IF THE UNITED
24
S
TATES OWNS THE MINERALS THAT ARE BEING DEVELOPED AT THE WELL
25
SITE;26
(V) T
HE SOUTHERN UTE INDIAN TRIBE IF THE MINERALS BEING
27
1348
-15- DEVELOPED AT THE WELL SITE ARE WITHIN THE EXTERIOR BOUNDARY OF1
THE TRIBE'S RESERVATION AND ARE SUBJECT TO THE JURISDICTION OF THE2
COMMISSION;3
(VI) A
LL SCHOOLS, CHILD CARE CENTERS , AND SCHOOL
4
GOVERNING BODIES WITHIN TWO THOUSAND SIX HUNDRED FORTY FEET OF5
THE WELL SITE;6
(VII) P
OLICE DEPARTMENTS, FIRE DEPARTMENTS, EMERGENCY
7
SERVICE AGENCIES, AND FIRST RESPONDER AGENCIES THAT HAVE A8
JURISDICTION THAT INCLUDES THE WELL SITE;9
(VIII) L
OCAL GOVERNMENTS THAT HAVE A JURISDICTION WITHIN
10
TWO THOUSAND SIX HUNDRED FORTY FEET OF THE WELL SITE ;11
(IX) THE ADMINISTRATOR OF ANY PUBLIC WATER SYSTEM THAT12
OPERATES:13
(A) A
SURFACE WATER PUBLIC WATER SYSTEM INTAKE THAT IS14
LOCATED FIFTEEN STREAM MILES OR LESS DOWNSTREAM FROM THE WELL15
SITE;16
(B) A
GROUNDWATER UNDER THE DIRECT INFLUENCE OF A17
SURFACE WATER PUBLIC WATER SYSTEM SUPPLY WELL WITHIN TWO18
THOUSAND SIX HUNDRED FORTY FEET OF THE WELL SITE ; AND19
(C) A
PUBLIC WATER SYSTEM SUPPLY WELL COMPLETED IN A TYPE20
III
AQUIFER WITHIN TWO THOUSAND SIX HUNDRED FORTY FEET OF THE21
WELL SITE; AND22
(X)
THE DIVISION IF:23
(A) T
HERE IS A HIGH-PRIORITY HABITAT AREA WITHIN ONE MILE OF24
THE WELL SITE; OR25
(B) T
HERE IS A STATE WILDLIFE AREA, AS DEFINED IN SECTION26
33-1-102
(42), OR A STATE PARK OR RECREATION AREA WITHIN TWO27
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-16- THOUSAND SIX HUNDRED FORTY FEET OF THE WELL SITE .1
2
(b) THE CHEMICAL DISCLOSURE LIST MUST BE DISCLOSED IN3
ACCORDANCE WITH SUBSECTION (6)(a) OF THIS SECTION WITHIN THIRTY4
DAYS AFTER THE OPERATOR'S RECEIPT OF THE CHEMICAL DISCLOSURE LIST5
FROM THE COMMISSION.6
7
8
9
(7) Reporting to the general assembly. (a) (I) T HE COMMISSION10
SHALL PREPARE AN ANNUAL REPORT THAT INCLUDES A LIST OF THE11
CHEMICALS USED IN DOWNHOLE OPERATIONS IN THE STATE IN THE PRIOR12
CALENDAR YEAR.13
14
15
(II) T
HE COMMISSION SHALL PRESENT THE ANNUAL REPORT TO THE
16
TRANSPORTATION AND ENERGY COMMITTEE OF THE SENATE AND THE17
ENERGY AND ENVIRONMENT COMMITTEE OF THE HOUSE OF18
REPRESENTATIVES, OR THEIR SUCCESSOR COMMITTEES , DURING THE19
COMMITTEES' HEARINGS HELD PRIOR TO THE 2026 REGULAR SESSION, AND20
EACH SESSION THEREAFTER , OF THE GENERAL ASSEMBLY UNDER THE21
"S
TATE MEASUREMENT FOR ACCOUNTABLE, RESPONSIVE, AND
22
T
RANSPARENT (SMART) GOVERNMENT ACT", PART 2 OF ARTICLE 7 OF
23
TITLE 2. THE COMMISSION SHALL ALSO POST THE REPORT ON THE24
COMMISSION'S WEBSITE.25
(b) N
OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE26
REQUIREMENT TO REPORT TO THE LEGISLATIVE COMMITTEES CONTINUES27
1348
-17- INDEFINITELY.1
(8) Rules. T HE COMMISSION MAY PROMULGATE RULES THAT ARE2
NECESSARY FOR THE IMPLEMENTATION AND ADMINISTRATION OF THIS3
SECTION.4
(9) Local governments. NOTHING IN THIS SECTION OR THE RULES5
PROMULGATED BY THE COMMISSION PURSUANT TO THIS SECTION LIMITS A6
LOCAL GOVERNMENT FROM ENACTING OR ENFORCING ANY ORDINANCE,7
REGULATION, OR OTHER LAW RELATED TO THE DISCLOSURE OF ANY8
CHEMICAL PRODUCT.9
(10) Collection of chemical disclosure information under other10
provisions of law. N
OTWITHSTANDING ANY LAW TO THE CONTRARY ,
11
NOTHING IN THIS SECTION OR THE RULES PROMULGATED BY THE12
COMMISSION PURSUANT TO THIS SECTION PREVENTS THE COMMISSION, THE13
STATE, OR A LOCAL GOVERNMENT FROM COLLECTING CHEMICAL14
DISCLOSURE INFORMATION FROM DISCLOSERS, MANUFACTURERS, OR15
OPERATORS UNDER ANY OTHER 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
-18- 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
-19-