HOUSE BILL 22-1348
BY REPRESENTATIVE(S) 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, Benavidez, Herod, Snyder, Sullivan,
Woodrow;
also SENATOR(S) Winter, Buckner, Donovan, Ginal, Gonzales, Hansen,
Jaquez Lewis, Lee, Moreno, Pettersen, Story, Zenzinger, Fenberg.
C
ONCERNING ENHANCED OVERSIGHT OF THE CHEMICALS USED IN OIL AND
GAS PRODUCTION
, AND, IN CONNECTION THEREWITH , MAKING AN
APPROPRIATION
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
hereby finds and declares that:
(a) There are tens of thousands of active oil and gas wells in
Colorado;
(b) Many different types of products that contain chemical additives
are used by operators during the drilling and stimulation of these wells to
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. break up the subsurface and extract oil and gas from the ground;
(c) While water and sand can make up the vast majority of these
products, the amount of chemical additives injected into a well can add up
to tens of thousands of gallons because of the amount of these products that
are used during the course of an oil and gas operation;
(d) When these chemical additives are injected into a well, there is
a high risk of contamination to nearby groundwater or surface water; and
(e) Some chemicals used in chemical products, such as
perfluoroalkyl and polyfluoroalkyl chemicals and biocides, have high
aquatic toxicity and can be incredibly harmful to human health and the
environment.
(2) The general assembly further finds and declares that:
(a) Even though exposure to these chemical additives poses a danger
to public health and the environment, scientists, state and local regulators,
and the public lack full access to information about the chemical additives
used in oil and gas production in the state;
(b) While Colorado requires the reporting of certain chemical
information for products that are used in hydraulic fracturing (fracking)
operations for input into a third-party database, there are broad exemptions
allowed for chemical information that is deemed proprietary or confidential
by the operator or supplier of a product;
(c) In recent years, thousands of operators who conduct fracking
operations have used trade secrecy claims to avoid disclosing information
about the chemicals that they use in their operations;
(d) Operators and suppliers of the products often do not have
knowledge of the chemical information that they are required to report to
the state;
(e) As a result of the amount of trade secrecy claims and the
operators' and suppliers' lack of knowledge of specific chemical
information, information about the chemical additives that are used in
fracking operations in the state is vastly underreported;
PAGE 2-HOUSE BILL 22-1348 (f) Greater transparency regarding chemical use in oil and gas
production is urgently needed and can be achieved by:
(I) Requiring manufacturers and disclosers, rather than operators, to
disclose information about chemicals that are used in oil and gas production
in the state;
(II) Requiring the Colorado oil and gas conservation commission to
gather the chemical information so that the disclosure of specific chemical
information can be separated from the trade name of a product, which will
thereby protect any proprietary information; and
(III) Ensuring that operators disclose chemical information to the
state, local governments, and communities in close proximity to operations
after the operations have commenced; and
(g) A full inventory of the chemicals used in oil and gas production
will:
(I) Assist state agencies, local governments, health-care
professionals, public health officials, and scientists in determining if highly
hazardous chemicals are being used in oil and gas production; and
(II) Encourage the disclosers and users of products that contain
highly hazardous chemicals to use less toxic alternatives in future products
and oil and gas operations.
(3) Therefore the general assembly determines and declares that the
state should enact a regulatory scheme that provides full disclosure of the
chemicals that are being deposited into the environment through oil and gas
production because:
(a) Coloradans have the right to know what chemicals are being
deposited into the environment where they live, work, and recreate; and
(b) State and local governments and regulators need this chemical
information to adequately protect the people, water systems, wildlife, and
environment of Colorado.
SECTION 2. In Colorado Revised Statutes, add 34-60-132 as
PAGE 3-HOUSE BILL 22-1348 follows:
34-60-132. Disclosure of chemicals used in downhole oil and gas
operations - chemical disclosure lists - community notification - reports
- definitions - rules - repeal. (1) A
S USED IN THIS SECTION, UNLESS THE
CONTEXT OTHERWISE REQUIRES
:
(a) (I) "A
DDITIVE" MEANS A CHEMICAL OR COMBINATION OF
CHEMICALS ADDED TO A BASE FLUID FOR USE IN A HYDRAULIC FRACTURING
TREATMENT
.
(II) "A
DDITIVE" INCLUDES PROPPANTS.
(b) "B
ASE FLUID" MEANS THE CONTINUOUS PHASE FLUID TYPE , SUCH
AS WATER
, USED IN A HYDRAULIC FRACTURING TREATMENT .
(c) "C
HEMICAL" MEANS ANY ELEMENT, CHEMICAL COMPOUND, OR
MIXTURE OF ELEMENTS OR CHEMICAL COMPOUNDS THAT HAS A SPECIFIC
NAME OR IDENTITY
, INCLUDING A CHEMICAL ABSTRACTS SERVICE NUMBER.
(d) "C
HEMICAL ABSTRACTS SERVICE NUMBER" MEANS THE UNIQUE
NUMERICAL IDENTIFIER ASSIGNED BY THE
CHEMICAL ABSTRACTS SERVICE
TO A CHEMICAL
.
(e) "C
HEMICAL DISCLOSURE INFORMATION " MEANS THE
INFORMATION DISCLOSED TO THE COMMISSION UNDER SUBSECTIONS
(2)(a)(I)
AND (3)(a)(I) OF THIS SECTION.
(f) "C
HEMICAL DISCLOSURE LIST" MEANS A LIST OF CHEMICALS USED
IN DOWNHOLE OPERATIONS AT A WELL SITE
.
(g) "C
HEMICAL DISCLOSURE WEBSITE " MEANS A WEBSITE THAT IS
CAPABLE OF DISPLAYING CHEMICAL DISCLOSURE LISTS AND CAN BE
ACCESSED BY THE PUBLIC
.
(h) (I) "C
HEMICAL PRODUCT" MEANS ANY PRODUCT THAT CONSISTS
OF ONE OR MORE CHEMICALS AND IS SOLD OR DISTRIBUTED FOR USE IN
DOWNHOLE OPERATIONS IN THE STATE
.
(II) "C
HEMICAL PRODUCT" INCLUDES ADDITIVES, BASE FLUIDS, AND
PAGE 4-HOUSE BILL 22-1348 HYDRAULIC FRACTURING FLUIDS .
(III) "C
HEMICAL PRODUCT" DOES NOT INCLUDE THE STRUCTURAL
AND MECHANICAL COMPONENTS OF A WELL SITE WHERE DOWNHOLE
OPERATIONS ARE BEING CONDUCTED
.
(i) (I) "D
IRECT VENDOR" MEANS ANY DISTRIBUTOR, SUPPLIER, OR
OTHER ENTITY THAT SELLS OR SUPPLIES ONE OR MORE CHEMICAL PRODUCTS
DIRECTLY TO AN OPERATOR OR SERVICE PROVIDER FOR USE AT A WELL SITE
.
(II) "D
IRECT VENDOR" DOES NOT INCLUDE ENTITIES THAT
MANUFACTURE
, PRODUCE, OR FORMULATE CHEMICAL PRODUCTS FOR
FURTHER MANUFACTURE
, FORMULATION, SALE, OR DISTRIBUTION BY THIRD
PARTIES PRIOR TO BEING SUPPLIED DIRECTLY TO OPERATORS OR SERVICE
PROVIDERS
.
(j) "D
ISCLOSER" MEANS AN OPERATOR , ANY SERVICE PROVIDER
USING ONE OR MORE CHEMICAL PRODUCTS IN THE COURSE OF DOW NHOLE
OPERATIONS
, AND ANY DIRECT VE NDOR THAT PROVIDES ONE OR MORE
CHEMICAL PRODUCTS DIRECTLY TO THE OPERATOR OR SERVICE PROVIDER
FOR USE AT A WELL SITE
.
(k) "D
IVISION" MEANS THE DIVISION OF PARKS AND WILDLIFE IN THE
DEPARTMENT OF NATURAL RESOURCES
.
(l) "D
OWNHOLE OPERATIONS " MEANS OIL AND GAS PRODUCTION
OPERATIONS THAT ARE CONDUCTED UNDERGROUND
.
(m) "H
EALTH-CARE PROFESSIONAL" MEANS A PHYSICIAN, PHYSICIAN
ASSISTANT
, NURSE PRACTITIONER, REGISTERED NURSE, OR EMERGENCY
MEDICAL SERVICE PROVIDER LICENSED OR CERTIFIED BY THE STATE
.
(n) "H
IGH-PRIORITY HABITAT" MEANS HABITAT AREAS IDENTIFIED BY
THE DIVISION WHERE MEASURES TO AVOID
, MINIMIZE, AND MITIGATE
ADVERSE IMPACTS TO WILDLIFE HAVE BEEN IDENTIFIED TO PROTECT
BREEDING
, NESTING, FORAGING, MIGRATING, OR OTHER USES BY WILDLIFE.
(o) "H
YDRAULIC FRACTURING FLUID" MEANS THE FLUID, INCLUDING
ANY BASE FLUID AND ADDITIVES
, USED TO PERFORM A HYDRAULIC
FRACTURING TREATMENT
.
PAGE 5-HOUSE BILL 22-1348 (p) "HYDRAULIC FRACTURING TREATMENT " MEANS ALL STAGES OF
THE TREATMENT OF A WELL BY THE APPLICATION OF HYDRAULIC
FRACTURING FLUID UNDER PRESSURE
, WHICH TREATMENT IS EXPRESSLY
DESIGNED TO INITIATE OR PROPAGATE FRACTURES IN AN UNDERGROUND
GEOLOGIC FORMATION TO ENHANCE THE PRODUCTION OF OIL AND GAS
.
(q) "M
ANUFACTURER" MEANS A PERSON OR ENTITY THAT MAKES ,
ASSEMBLES, OR OTHERWISE GENERATES A CHEMICAL PRODUCT OR WHOSE
TRADE NAME IS AFFIXED TO A CHEMICAL PRODUCT
.
(r) "P
ERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES " OR
"PFAS CHEMICALS" HAS THE MEANING SET FORTH IN SECTION 25-5-1302 (7).
(s) "P
ROPPANTS" MEANS MATERIALS INSERTED OR INJECTED INTO AN
UNDERGROUND GEOLOGIC FORMATION DURING A HYDRAULIC FRACTURING
TREATMENT THAT ARE INTENDED TO PREVENT FRACTURES FROM CLOSING
.
(t) "P
UBLIC WATER SYSTEMS" HAS THE MEANING SET FORTH IN
SECTION
25-1.5-201 (1).
(u) "T
RADE SECRET" HAS THE MEANING SET FORTH IN SECTION
7-74-102 (4).
(v) "T
YPE III AQUIFER" MEANS AN AQUIFER THAT CONSISTS OF
UNCONSOLIDATED GEOLOGIC MATERIAL
, INCLUDING ALLUVIAL, COLLUVIAL,
OR OTHER CONSOLIDATED MATERIALS .
(w) "W
ELL SITE" MEANS THE AREA THAT IS DIRECTLY DISTURBED
DURING OIL AND GAS OPERATIONS
.
(2) Discloser chemical disclosure information and declaration.
(a) O
N AND AFTER JULY 31, 2023, AND SUBJECT TO SUBSECTION (2)(b) OF
THIS SECTION
, A DISCLOSER THAT SELLS OR DISTRIBUTES A CHEMICAL
PRODUCT FOR USE IN DOWNHOLE OPERATIONS IN THE STATE
OR THAT USES
A CHEMICAL PRODUCT IN DOWNHOLE OPERATIONS IN THE STATE MUST
:
(I) D
ISCLOSE TO THE COMMISSION:
(A) T
HE TRADE NAME OF THE CHEMICAL PRODUCT ; AND
PAGE 6-HOUSE BILL 22-1348 (B) A LIST OF THE NAMES AND CHEMICAL ABSTRACTS SERVICE
NUMBERS OF EACH CHEMICAL USED IN THE CHEMICAL PRODUCT
; AND
(C) IF A DISCLOSER BELIEVES THAT A CHEMICAL CONSTITUENT OF A
CHEMICAL PRODUCT IS A TRADE SECRET OR IS PROPRIETARY INFORMATION
,
NEVERTHELESS DISCLOSE THE CHEMICAL CONSTITUENT ; AND
(II) PROVIDE A WRITTEN DECLARATION TO THE COMMISSION THAT
THE CHEMICAL PRODUCT CONTAINS NO INTENTIONALLY ADDED
PFAS
CHEMICALS.
(b) (I) (A) F
OR DISCLOSERS THAT WERE ALREADY SELLING OR
DISTRIBUTING A CHEMICAL PRODUCT FOR USE IN DOWNHOLE OPERATIONS IN
THE STATE BEFORE
JULY 31, 2023, OR THAT WERE USING THE CHEMICAL
PRODUCT BEFORE
JULY 31, 2023, THE INFORMATION AND DECLARATION
REQUIRED TO BE PROVIDED PURSUANT TO SUBSECTION
(2)(a) OF THIS
SECTION MUST BE PROVIDED TO THE COMMISSION AT LEAST THIRTY DAYS
BEFORE
JULY 31, 2023.
(B) T
HIS SUBSECTION (2)(b)(I) IS REPEALED, EFFECTIVE JULY 1,
2024.
(II) F
OR DISCLOSERS THAT BEGIN TO SELL , DISTRIBUTE, OR USE A
CHEMICAL PRODUCT FOR USE IN DOWNHOLE OPERATIONS IN THE STATE ON
OR AFTER
JULY 31, 2023, THE INFORMATION AND DECLARATION REQUIRED
TO BE PROVIDED PURSUANT TO SUBSECTION
(2)(a) OF THIS SECTION MUST BE
PROVIDED TO THE COMMISSION AT LEAST THIRTY DAYS BEFORE THE
DISCLOSER BEGINS SELLING
, DISTRIBUTING, OR USING THE CHEMICAL
PRODUCT
.
(c) T
HE COMMISSION SHALL ENSURE THAT THE INFORMATION AND
DECLARATION REQUIRED TO BE PROVIDED UNDER SUBSECTION
(2)(a) OF THIS
SECTION IS PROVIDED TO THE COMMISSION
.
(d) I
F A MANUFACTURER DOES NOT PROVIDE THE INFORMATION
DESCRIBED IN SUBSECTION
(2)(a)(I) OF THIS SECTION FOR A CHEMICAL
PRODUCT THAT IT SELLS OR DISTRIBUTES FOR USE IN DOWNHOLE OPERATIONS
IN THE STATE TO A DISCLOSER UPON THE REQUEST OF THE DISCLOSER OR THE
COMMISSION
, THE MANUFACTURER MUST PROVIDE THE COMMISSION WITH A
TRADE SECRET FORM OF ENTITLEMENT
, AS DETERMINED BY THE COMMISSION
PAGE 7-HOUSE BILL 22-1348 BY RULE, FOR THE CHEMICAL PRODUCT. AT A MINIMUM, THE MANUFACTURER
MUST INCLUDE IN THE TRADE SECRET FORM OF ENTITLEMENT FOR THE
CHEMICAL PRODUCT
:
(I) T
HE NAME OF EACH CHEMICAL USED IN THE CHEMICAL PRODUCT ;
AND
(II) THE CHEMICAL ABSTRACTS SERVICE NUMBER OF EACH
CHEMICAL USED IN THE CHEMICAL PRODUCT
.
(e) I
F, AFTER MAKING A REQUEST TO THE MANUFACTURER OF THE
CHEMICAL PRODUCT PURSUANT TO SUBSECTION
(2)(d) OF THIS SECTION, A
DISCLOSER IS UNABLE TO DISCLOSE THE INFORMATION DESCRIBED IN
SUBSECTION
(2)(a)(I) OF THIS SECTION, THE DISCLOSER SHALL DISCLOSE TO
THE COMMISSION
:
(I) T
HE NAME OF THE CHEMICAL PRODUCT 'S MANUFACTURER;
(II) T
HE CHEMICAL PRODUCT'S TRADE NAME;
(III) T
HE AMOUNT OR WEIGHT OF THE CHEMICAL PRODUCT ; AND
(IV) A SAFETY DATA SHEET FOR THE CHEMICAL PRODUCT , IF IT IS
AVAILABLE FOR DISCLOSURE BY THE DISCLOSER AND PROVIDES THE
INFORMATION DESCRIBED IN SUBSECTION
(2)(a)(I) OF THIS SECTION.
(f) I
N THE EVENT THAT THE DISCLOSER IS UNABLE TO DISCLOSE THE
INFORMATION DESCRIBED IN SUBSECTION
(2)(a)(I) OF THIS SECTION, THE
COMMISSION SHALL OBTAIN THE INFORMATION DESCRIBED IN SUBSECTION
(2)(a)(I) OF THIS SECTION FROM THE MANUFACTURER .
(3) Operator chemical disclosure information - declaration.
(a) O
N AND AFTER JULY 31, 2023, AND SUBJECT TO SUBSECTION (3)(b) OF
THIS SECTION
, AN OPERATOR OF DOWNHOLE OPERATIONS USING A CHEMICAL
PRODUCT MUST
:
(I) D
ISCLOSE TO THE COMMISSION:
(A) T
HE DATE OF COMMENCEMENT OF DOWNHOLE OPERATIONS ;
PAGE 8-HOUSE BILL 22-1348 (B) THE COUNTY OF THE WELL SITE WHERE DOWNHOLE OPERATIONS
ARE BEING OR WILL BE CONDUCTED
;
(C) T
HE UNIQUE NUMERICAL IDENTIFIER ASSIGNED BY THE
AMERICAN PETROLEUM INSTITUTE TO THE WELL WHERE DOWNHOLE
OPERATIONS ARE BEING OR WILL BE CONDUCTED AND THE
US WELL NUMBER
ASSIGNED TO THE WELL WHERE DOWNHOLE OPERATIONS ARE BEING OR WILL
BE CONDUCTED
; AND
(D) THE TRADE NAMES AND QUANTITIES OF ANY CHEMICAL
PRODUCTS THE OPERATOR USED IN DOWNHOLE OPERATIONS
; AND
(II) PROVIDE A WRITTEN DECLARATION TO THE COMMISSION THAT
THE CHEMICAL PRODUCT CONTAINS NO INTENTIONALLY ADDED
PFAS
CHEMICALS.
(b) (I) (A) F
OR A DOWNHOLE OPERATION THAT COMMENCED BEFORE
JULY 31, 2023, AND THAT WILL BE ONGOING ON JULY 31, 2023, THE
INFORMATION AND DECLARATION REQUIRED TO BE PROVIDED PURSUANT TO
SUBSECTION
(3)(a) OF THIS SECTION MUST BE PROVIDED TO THE COMMISSION
WITHIN ONE HUNDRED TWENTY DAYS AFTER
JULY 31, 2023.
(B) T
HIS SUBSECTION (3)(b)(I) IS REPEALED, EFFECTIVE JULY 1,
2024.
(II) F
OR A DOWNHOLE OPERATION THAT COMMENCES ON OR AFTER
JULY 31, 2023, THE INFORMATION AND DECLARATION REQUIRED TO BE
PROVIDED PURSUANT TO SUBSECTION
(3)(a) OF THIS SECTION MUST BE
PROVIDED TO THE COMMISSION WITHIN ONE HUNDRED TWENTY DAYS AFTER
THE COMMENCEMENT OF THE DOWNHOLE OPERATION
.
(c) T
HE COMMISSION SHALL ENSURE THAT THE INFORMATION AND
DECLARATION REQUIRED TO BE PROVIDED UNDER SUBSECTION
(3)(a) OF THIS
SECTION IS PROVIDED TO THE COMMISSION
.
(4) Change in chemical disclosure information. I
F THERE IS A
CHANGE IN THE INFORMATION PROVIDED UNDER SUBSECTION
(2)(a)(I) OR
(3)(a)(I) OF THIS SECTION, THE DISCLOSER OR OPERATOR, OR IN THE CASE OF
DISCLOSURE UNDER SUBSECTION
(2)(d) OF THIS SECTION , THE
MANUFACTURER
, MUST SUBMIT THE CHANGE TO THE COMMISSION WITHIN
PAGE 9-HOUSE BILL 22-1348 THIRTY DAYS AFTER THE DATE THE DISCLOSER , MANUFACTURER, OR
OPERATOR FIRST KNEW OF THE CHANGE
.
(5) Chemical disclosure lists. (a) T
HE COMMISSION SHALL USE THE
CHEMICAL DISCLOSURE INFORMATION TO CREATE A CHEMICAL DISCLOSURE
LIST FOR EACH APPLICABLE WELL SITE
.
(b) (I) T
HE COMMISSION SHALL INCLUDE IN THE CHEMICAL
DISCLOSURE LIST AN ALPHABETICAL LIST OF THE NAMES AND
CHEMICAL
ABSTRACTS SERVICE REGISTRY NUMBERS OF EACH CHEMICAL USED IN
DOWNHOLE OPERATIONS AT THE WELL SITE
.
(II) N
OTWITHSTANDING ANY LAW TO THE CONTRARY , THE
COMMISSION SHALL INCLUDE THE NAMES AND
CHEMICAL ABSTRACTS
SERVICE REGISTRY NUMBERS OF ALL CHEMICALS USED IN DOWNHOLE
OPERATIONS IN THE CHEMICAL DISCLOSURE LIST AND SHALL NOT PROTECT
THE NAMES OR
CHEMICAL ABSTRACTS SERVICE REGISTRY NUMBERS OF ANY
CHEMICAL AS A TRADE SECRET OR PROPRIETARY INFORMATION
. ANY
FORMULAS AND PROCESSES CONTINUE TO HAVE TRADE SECRET
PROTECTIONS
.
(c) T
HE COMMISSION SHALL NOT INCLUDE IN THE CHEMICAL
DISCLOSURE LIST
:
(I) T
HE TRADE NAME OF A CHEMICAL PRODUCT USED IN DOWNHOLE
OPERATIONS AT THE WELL SITE
; OR
(II) THE TOTAL AMOUNT OF A CHEMICAL IN A CHEMICAL PRODUCT .
(d) NO LATER THAN THIRTY DAYS AFTER AN OPERATOR MAKES THE
DISCLOSURES REQUIRED UNDER SUBSECTION
(3) OF THIS SECTION, THE
COMMISSION SHALL
:
(I) P
OST THE CHEMICAL DISCLOSURE LIST ON THE CHEMICAL
DISCLOSURE WEBSITE AND INCLUDE THE DATE OF THE SUBMISSION OF THE
CHEMICAL DISCLOSURE LIST TO THE COMMISSION IN THE POST
; AND
(II) PROVIDE THE CHEMICAL DISCLOSURE LIST TO THE OPERATOR OF
THE APPLICABLE WELL
.
PAGE 10-HOUSE BILL 22-1348 (e) THE COMMISSION SHALL:
(I) P
OST AN UPDATED CHEMICAL DISCLOSURE LIST IF THERE ARE ANY
NOTIFICATIONS RECEIVED FROM A DISCLOSER
, MANUFACTURER , OR
OPERATOR UNDER SUBSECTION
(4) OF THIS SECTION AND INCLUDE THE DATE
OF THE NOTIFICATION BY THE DISCLOSER
, MANUFACTURER, OR OPERATOR IN
THE POST
; AND
(II) ENSURE THAT:
(A) A
LL CHEMICAL DISCLOSURE LISTS AND UPDATED CHEMICAL
DISCLOSURE LISTS REMAIN VIEWABLE BY THE PUBLIC
;
(B) T
HE CHEMICAL DISCLOSURE WEBSITE IS SEARCHABLE BY
CHEMICAL
, DATE OF SUBMISSION OR UPDATE OF A CHEMICAL DISCLOSURE
LIST
, NAME AND ADDRESS OF THE OPERATOR , AND COUNTY OF THE WELL
SITE
; AND
(C) THE CHEMICAL DISCLOSURE WEBSITE ALLOWS MEMBERS OF THE
PUBLIC TO DOWNLOAD CHEMICAL DISCLOSURE LISTS IN AN ELECTRONIC
,
DELIMITED FORMAT.
(6) Community notification. (a)
ON OR BEFORE JULY 31, 2023,
AND SUBJECT TO SUBSECTION (6)(b) OF THIS SECTION, AN OPERATOR SHALL
PROVIDE THE CHEMICAL DISCLOSURE LIST TO
:
(I) A
LL OWNERS OF MINERALS THAT ARE BEING DEVELOPED AT THE
WELL SITE
;
(II) A
LL SURFACE OWNERS, BUILDING UNIT OWNERS, AND RESIDENTS,
INCLUDING TENANTS OF BOTH RESIDENTIAL AND COMMERCIAL PROPERTIES ,
THAT ARE WITHIN TWO THOUSAND SIX HUNDRED FORTY FEET OF THE WELL
SITE
;
(III) T
HE STATE LAND BOARD IF THE STATE OWNS MINERALS THAT
ARE BEING DEVELOPED AT THE WELL SITE
;
(IV) T
HE FEDERAL BUREAU OF LAND MANAGEMENT IF THE UNITED
STATES OWNS THE MINERALS THAT ARE BEING DEVELOPED AT THE WELL
SITE
;
PAGE 11-HOUSE BILL 22-1348 (V) THE SOUTHERN UTE INDIAN TRIBE IF THE MINERALS BEING
DEVELOPED AT THE WELL SITE ARE WITHIN THE EXTERIOR BOUNDARY OF THE
TRIBE
'S RESERVATION AND ARE SUBJECT TO THE JURISDICTION OF THE
COMMISSION
;
(VI) A
LL SCHOOLS, CHILD CARE CENTERS, AND SCHOOL GOVERNING
BODIES WITHIN TWO THOUSAND SIX HUNDRED FORTY F EET OF THE WELL SITE
;
(VII) P
OLICE DEPARTMENTS, FIRE DEPARTMENTS, EMERGENCY
SERVICE AGENCIES
, AND FIRST RESPONDER AGENCIES THAT HAVE A
JURISDICTION THAT INCLUDES THE WELL SITE
;
(VIII) L
OCAL GOVERNMENTS THAT HAVE A JURISDICTION WITHIN
TWO THOUSAND SIX HUNDRED FORTY FEET OF THE WELL SITE
;
(IX) T
HE ADMINISTRATOR OF ANY PUBLIC WATER SYSTEM THAT
OPERATES
:
(A) A
SURFACE WATER PUBLIC WATER SYSTEM INTAKE THAT IS
LOCATED FIFTEEN STREAM MILES OR LESS DOWNSTREAM FROM THE WELL
SITE
;
(B) A
GROUNDWATER UNDER THE DIRECT INFLUENCE OF A SURFACE
WATER PUBLIC WATER SYSTEM SUPPLY WELL WITHIN TWO THOUSAND SIX
HUNDRED FORTY FEET OF THE WELL SITE
; AND
(C) A PUBLIC WATER SYSTEM SUPPLY WELL COMPLETED IN A TYPE
III AQUIFER WITHIN TWO THOUSAND SIX HUNDRED FORTY FEET OF THE WELL
SITE
; AND
(X) THE DIVISION IF:
(A) T
HERE IS A HIGH-PRIORITY HABITAT AREA WITHIN ONE MILE OF
THE WELL SITE
; OR
(B) THERE IS A STATE WILDLIFE AREA, AS DEFINED IN SECTION
33-1-102 (42), OR A STATE PARK OR RECREATION AREA WITHIN TWO
THOUSAND SIX HUNDRED FORTY FEET OF THE WELL SITE
.
(b) T
HE CHEMICAL DISCLOSURE LIST MUST BE DISCLOSED IN
PAGE 12-HOUSE BILL 22-1348 ACCORDANCE WITH SUBSECTION (6)(a) OF THIS SECTION WITHIN THIRTY
DAYS AFTER THE OPERATOR
'S RECEIPT OF THE CHEMICAL DISCLOSURE LIST
FROM THE COMMISSION
.
(7) Reporting to the general assembly. (a) (I) T
HE COMMISSION
SHALL PREPARE AN ANNUAL REPORT THAT INCLUDES A LIST OF THE
CHEMICALS USED IN DOWNHOLE OPERATIONS IN THE STATE IN THE PRIOR
CALENDAR YEAR
.
(II) T
HE COMMISSION SHALL PRESENT THE ANNUAL REPORT TO THE
TRANSPORTATION AND ENERGY COMMITTEE OF THE SENATE AND THE
ENERGY AND ENVIRONMENT COMMITTEE OF THE HOUSE OF
REPRESENTATIVES
, OR THEIR SUCCESSOR COMMITTEES , DURING THE
COMMITTEES
' HEARINGS HELD PRIOR TO THE 2026 REGULAR SESSION, AND
EACH SESSION THEREAFTER
, OF THE GENERAL ASSEMBLY UNDER THE "STATE
MEASUREMENT FOR ACCOUNTABLE, RESPONSIVE, AND TRANSPARENT
(SMART) GOVERNMENT ACT", PART 2 OF ARTICLE 7 OF TITLE 2. THE
COMMISSION SHALL ALSO POST THE REPORT ON THE COMMISSION
'S WEBSITE.
(b) N
OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE
REQUIREMENT TO REPORT TO THE LEGISLATIVE COMMITTEES CONTINUES
INDEFINITELY
.
(8) Rules. T
HE COMMISSION MAY PROMULGATE RULES THAT ARE
NECESSARY FOR THE IMPLEMENTATION AND ADMINISTRATION OF THIS
SECTION
.
(9) Local governments. N
OTHING IN THIS SECTION OR THE RULES
PROMULGATED BY THE COMMISSION PURSUANT TO THIS SECTION LIMITS A
LOCAL GOVERNMENT FROM ENACTING OR ENFORCING ANY ORDINANCE
,
REGULATION, OR OTHER LAW RELATED TO THE DISCLOSURE OF ANY
CHEMICAL PRODUCT
.
(10) Collection of chemical disclosure information under other
provisions of law. N
OTWITHSTANDING ANY LAW TO THE CONTRARY ,
NOTHING IN THIS SECTION OR THE RULES PROMULGATED BY THE COMMISSION
PURSUANT TO THIS SECTION PREVENTS THE COMMISSION
, THE STATE, OR A
LOCAL GOVERNMENT FROM COLLECTING CHEMICAL DISCLOSURE
INFORMATION FROM DISCLOSERS
, MANUFACTURERS, OR OPERATORS UNDER
ANY OTHER PROVISION OF LAW
.
PAGE 13-HOUSE BILL 22-1348 SECTION 3. Appropriation. (1) For the 2022-23 state fiscal year,
$61,500 is appropriated to the department of natural resources. This
appropriation is from the oil and gas conservation and environmental
response fund created in section 34-60-122 (5)(a), C.R.S. To implement this
act, the department may use this appropriation for the purchase of
information technology services.
(2) For the 2022-23 state fiscal year, $61,500 is appropriated to the
office of the governor for use by the office of information technology. This
appropriation is from reappropriated funds received from the department of
natural resources under subsection (1) of this section. To implement this act,
the office may use this appropriation to provide information technology
services for the department of natural resources.
SECTION 4. Safety clause. The general assembly hereby finds,
PAGE 14-HOUSE BILL 22-1348 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Alec Garnett Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 15-HOUSE BILL 22-1348