Old | New | Differences | |
---|---|---|---|
1 | + | Second Regular Session | |
2 | + | Seventy-third General Assembly | |
3 | + | STATE OF COLORADO | |
4 | + | REREVISED | |
5 | + | This Version Includes All Amendments | |
6 | + | Adopted in the Second House | |
7 | + | LLS NO. 22-0306.01 Sarah Lozano x3858 | |
1 | 8 | HOUSE BILL 22-1348 | |
2 | - | BY REPRESENTATIVE(S) Froelich and Caraveo, Amabile, Bacon, | |
3 | - | Bernett, Cutter, Duran, Gray, Hooton, Jodeh, Kennedy, Kipp, Lindsay, | |
4 | - | Lontine, Sirota, Bird, Boesenecker, Gonzales-Gutierrez, McCormick, Ricks, | |
5 | - | Titone, Valdez A., Weissman, Benavidez, Herod, Snyder, Sullivan, | |
6 | - | Woodrow; | |
7 | - | also SENATOR(S) Winter, Buckner, Donovan, Ginal, Gonzales, Hansen, | |
8 | - | Jaquez Lewis, Lee, Moreno, Pettersen, Story, Zenzinger, Fenberg. | |
9 | + | House Committees Senate Committees | |
10 | + | Energy & Environment Transportation & Energy | |
11 | + | Appropriations Appropriations | |
12 | + | A BILL FOR AN ACT | |
9 | 13 | C | |
10 | - | ONCERNING ENHANCED OVERSIGHT OF THE CHEMICALS USED IN OIL AND | |
11 | - | GAS PRODUCTION | |
12 | - | , AND, IN CONNECTION THEREWITH , MAKING AN | |
13 | - | APPROPRIATION | |
14 | - | . | |
15 | - | ||
16 | - | Be it enacted by the General Assembly of the State of Colorado: | |
17 | - | SECTION 1. Legislative declaration. (1) The general assembly | |
18 | - | hereby finds and declares that: | |
19 | - | (a) There are tens of thousands of active oil and gas wells in | |
20 | - | Colorado; | |
21 | - | (b) Many different types of products that contain chemical additives | |
22 | - | are used by operators during the drilling and stimulation of these wells to | |
23 | - | NOTE: This bill has been prepared for the signatures of the appropriate legislative | |
24 | - | officers and the Governor. To determine whether the Governor has signed the bill | |
25 | - | or taken other action on it, please consult the legislative status sheet, the legislative | |
26 | - | history, or the Session Laws. | |
27 | - | ________ | |
28 | - | Capital letters or bold & italic numbers indicate new material added to existing law; dashes | |
29 | - | through words or numbers indicate deletions from existing law and such material is not part of | |
30 | - | the act. break up the subsurface and extract oil and gas from the ground; | |
31 | - | (c) While water and sand can make up the vast majority of these | |
32 | - | products, the amount of chemical additives injected into a well can add up | |
33 | - | to tens of thousands of gallons because of the amount of these products that | |
34 | - | are used during the course of an oil and gas operation; | |
35 | - | (d) When these chemical additives are injected into a well, there is | |
36 | - | a high risk of contamination to nearby groundwater or surface water; and | |
37 | - | (e) Some chemicals used in chemical products, such as | |
38 | - | perfluoroalkyl and polyfluoroalkyl chemicals and biocides, have high | |
39 | - | aquatic toxicity and can be incredibly harmful to human health and the | |
40 | - | environment. | |
41 | - | (2) The general assembly further finds and declares that: | |
42 | - | (a) Even though exposure to these chemical additives poses a danger | |
43 | - | to public health and the environment, scientists, state and local regulators, | |
44 | - | and the public lack full access to information about the chemical additives | |
45 | - | used in oil and gas production in the state; | |
46 | - | (b) While Colorado requires the reporting of certain chemical | |
47 | - | information for products that are used in hydraulic fracturing (fracking) | |
48 | - | operations for input into a third-party database, there are broad exemptions | |
49 | - | allowed for chemical information that is deemed proprietary or confidential | |
50 | - | by the operator or supplier of a product; | |
51 | - | (c) In recent years, thousands of operators who conduct fracking | |
52 | - | operations have used trade secrecy claims to avoid disclosing information | |
53 | - | about the chemicals that they use in their operations; | |
54 | - | (d) Operators and suppliers of the products often do not have | |
55 | - | knowledge of the chemical information that they are required to report to | |
56 | - | the state; | |
57 | - | (e) As a result of the amount of trade secrecy claims and the | |
58 | - | operators' and suppliers' lack of knowledge of specific chemical | |
59 | - | information, information about the chemical additives that are used in | |
60 | - | fracking operations in the state is vastly underreported; | |
61 | - | PAGE 2-HOUSE BILL 22-1348 (f) Greater transparency regarding chemical use in oil and gas | |
62 | - | production is urgently needed and can be achieved by: | |
63 | - | (I) Requiring manufacturers and disclosers, rather than operators, to | |
64 | - | disclose information about chemicals that are used in oil and gas production | |
65 | - | in the state; | |
66 | - | (II) Requiring the Colorado oil and gas conservation commission to | |
67 | - | gather the chemical information so that the disclosure of specific chemical | |
68 | - | information can be separated from the trade name of a product, which will | |
69 | - | thereby protect any proprietary information; and | |
70 | - | (III) Ensuring that operators disclose chemical information to the | |
71 | - | state, local governments, and communities in close proximity to operations | |
72 | - | after the operations have commenced; and | |
73 | - | (g) A full inventory of the chemicals used in oil and gas production | |
74 | - | will: | |
75 | - | (I) Assist state agencies, local governments, health-care | |
76 | - | professionals, public health officials, and scientists in determining if highly | |
77 | - | hazardous chemicals are being used in oil and gas production; and | |
78 | - | (II) Encourage the disclosers and users of products that contain | |
79 | - | highly hazardous chemicals to use less toxic alternatives in future products | |
80 | - | and oil and gas operations. | |
81 | - | (3) Therefore the general assembly determines and declares that the | |
82 | - | state should enact a regulatory scheme that provides full disclosure of the | |
83 | - | chemicals that are being deposited into the environment through oil and gas | |
84 | - | production because: | |
85 | - | (a) Coloradans have the right to know what chemicals are being | |
86 | - | deposited into the environment where they live, work, and recreate; and | |
87 | - | (b) State and local governments and regulators need this chemical | |
88 | - | information to adequately protect the people, water systems, wildlife, and | |
89 | - | environment of Colorado. | |
90 | - | SECTION 2. In Colorado Revised Statutes, add 34-60-132 as | |
91 | - | PAGE 3-HOUSE BILL 22-1348 follows: | |
92 | - | 34-60-132. Disclosure of chemicals used in downhole oil and gas | |
93 | - | operations - chemical disclosure lists - community notification - reports | |
94 | - | - definitions - rules - repeal. (1) A | |
95 | - | S USED IN THIS SECTION, UNLESS THE | |
96 | - | CONTEXT OTHERWISE REQUIRES | |
97 | - | : | |
14 | + | ONCERNING ENHANCED OVERSIGHT OF THE CHEMICALS USED IN OIL101 | |
15 | + | AND GAS | |
16 | + | PRODUCTION, AND, IN CONNECTION THEREWITH,102 | |
17 | + | MAKING AN APPROPRIATION .103 | |
18 | + | Bill Summary | |
19 | + | (Note: This summary applies to this bill as introduced and does | |
20 | + | not reflect any amendments that may be subsequently adopted. If this bill | |
21 | + | passes third reading in the house of introduction, a bill summary that | |
22 | + | applies to the reengrossed version of this bill will be available at | |
23 | + | http://leg.colorado.gov | |
24 | + | .) | |
25 | + | The bill establishes a regulatory scheme that requires disclosure | |
26 | + | of certain chemical information for products used in downhole oil and gas | |
27 | + | operations (chemical disclosure information). On or before July 31, 2023, | |
28 | + | the oil and gas conservation commission (commission) is required to | |
29 | + | utilize or develop a chemical disclosure website to collect and share | |
30 | + | SENATE | |
31 | + | Amended 3rd Reading | |
32 | + | May 11, 2022 | |
33 | + | SENATE | |
34 | + | Amended 2nd Reading | |
35 | + | May 10, 2022 | |
36 | + | HOUSE | |
37 | + | 3rd Reading Unamended | |
38 | + | April 27, 2022 | |
39 | + | HOUSE | |
40 | + | Amended 2nd Reading | |
41 | + | April 26, 2022 | |
42 | + | HOUSE SPONSORSHIP | |
43 | + | Froelich and Caraveo, Amabile, Bacon, Bernett, Cutter, Duran, Gray, Hooton, Jodeh, | |
44 | + | Kennedy, Kipp, Lindsay, Lontine, Sirota, Bird, Boesenecker, Gonzales-Gutierrez, | |
45 | + | McCormick, Ricks, Titone, Valdez A., Weissman | |
46 | + | SENATE SPONSORSHIP | |
47 | + | Winter, Buckner, Donovan, Fenberg, Ginal, Gonzales, Hansen, Jaquez Lewis, Lee, Moreno, | |
48 | + | Pettersen, Story, Zenzinger | |
49 | + | Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. | |
50 | + | Capital letters or bold & italic numbers indicate new material to be added to existing statute. | |
51 | + | Dashes through the words indicate deletions from existing statute. certain chemical disclosure information to the public (chemical disclosure | |
52 | + | website). | |
53 | + | On and after July 31, 2023, a manufacturer that sells or distributes | |
54 | + | a chemical product for use in underground oil and gas operations | |
55 | + | (downhole operations) in the state must disclose to the commission: | |
56 | + | ! The trade name of the chemical product; | |
57 | + | ! A list of the names of each chemical used in the chemical | |
58 | + | product; | |
59 | + | ! The estimated amount of each chemical used in the | |
60 | + | chemical product; and | |
61 | + | ! A description of the intended purpose of the chemical used | |
62 | + | in the chemical product. | |
63 | + | The manufacturer must also provide the commission with a | |
64 | + | declaration that the chemical product contains no intentionally added | |
65 | + | perfluoroalkyl or polyfluoroalkyl chemicals. | |
66 | + | For manufacturers that were already selling or distributing a | |
67 | + | chemical product for use in downhole operations in the state before July | |
68 | + | 31, 2023, the disclosure and declaration must be made at least 30 days | |
69 | + | before July 31, 2023. For manufacturers that begin to sell or distribute a | |
70 | + | chemical product for use in downhole operations in the state on or after | |
71 | + | July 31, 2023, the disclosure and declaration must be made at least 30 | |
72 | + | days before the manufacturer begins selling or distributing the chemical | |
73 | + | product. | |
74 | + | On and after July 31, 2023, an operator of downhole operations | |
75 | + | using a chemical product must disclose to the commission: | |
76 | + | ! The date of commencement of downhole operations; | |
77 | + | ! The county of the well site where downhole operations are | |
78 | + | being conducted; | |
79 | + | ! The numerical identifier assigned by the American | |
80 | + | Petroleum Institute to the well where downhole operations | |
81 | + | are being conducted; and | |
82 | + | ! The trade names and quantities of any chemical products | |
83 | + | the operator plans to use in downhole operations. | |
84 | + | The operator must also provide the commission with a declaration | |
85 | + | that the chemical product contains no intentionally added perfluoroalkyl | |
86 | + | or polyfluoroalkyl chemicals. | |
87 | + | For downhole operations that commenced before July 31, 2023, | |
88 | + | and that will be ongoing on July 31, 2023, the disclosure and declaration | |
89 | + | must be made at least 75 days before July 31, 2023. For downhole | |
90 | + | operations that commence on or after July 31, 2023, the disclosure and | |
91 | + | declaration must be made at least 75 days before commencement of | |
92 | + | downhole operations. | |
93 | + | The commission will use the chemical disclosure information to | |
94 | + | create a chemical disclosure list for each well site, which will include: | |
95 | + | ! An alphabetical list of names of chemicals that will be used | |
96 | + | 1348 | |
97 | + | -2- in downhole operations at the well site; and | |
98 | + | ! The total estimated amount of each chemical that will be | |
99 | + | used at the well site. | |
100 | + | The commission will post each chemical disclosure list on the | |
101 | + | chemical disclosure website. The commission shall provide the chemical | |
102 | + | disclosure list to the applicable operator within 7 days after the operator's | |
103 | + | disclosures. | |
104 | + | Prior to the commencement of downhole operations, the operator | |
105 | + | is required to disclose the chemical disclosure list to communities near | |
106 | + | where downhole operations will be conducted, local public water | |
107 | + | administrators, and, if there is a high-priority habitat near where | |
108 | + | downhole operations are being conducted, the division of parks and | |
109 | + | wildlife. For downhole operations that commenced before July 31, 2023, | |
110 | + | and that will be ongoing on July 31, 2023, the disclosure of the chemical | |
111 | + | disclosure list by the operator to these entities must be made at least 60 | |
112 | + | days before July 31, 2023. For downhole operations that commence on or | |
113 | + | after July 31, 2023, the disclosure of the chemical disclosure list by the | |
114 | + | operator to these entities must be made at least 60 days before | |
115 | + | commencement of downhole operations. | |
116 | + | If a manufacturer believes that any information that will be | |
117 | + | included on a chemical disclosure list is a trade secret, the manufacturer | |
118 | + | must file a trade secret claim with the commission. If the commission | |
119 | + | determines that the information covered by the trade secret claim | |
120 | + | constitutes a trade secret, the commission shall not include the | |
121 | + | information in any applicable chemical disclosure list. | |
122 | + | On or before July 31, 2023, the commission must promulgate rules | |
123 | + | that set standards for the disclosure of the chemical disclosure | |
124 | + | information to: | |
125 | + | ! An officer or employee of the United States, the state, or a | |
126 | + | local government in connection with the officer's or | |
127 | + | employee's official duties; | |
128 | + | ! Contractors of the United States, the state, or a local | |
129 | + | government if the commission determines that the | |
130 | + | disclosure is necessary for performance of a contract or the | |
131 | + | protection of public health and safety; | |
132 | + | ! A health-care professional in connection with an | |
133 | + | emergency or with diagnosing or treating a patient; and | |
134 | + | ! In order to protect public safety, a person who is employed | |
135 | + | in public health or a scientist or researcher employed by an | |
136 | + | institution of higher education. | |
137 | + | No later than February 1, 2025, and no later than February 1 each | |
138 | + | year thereafter, the commission shall submit and present an annual report | |
139 | + | to the general assembly based on the chemical disclosure information. | |
140 | + | 1348-3- Be it enacted by the General Assembly of the State of Colorado:1 | |
141 | + | SECTION 1. Legislative declaration. (1) The general assembly2 | |
142 | + | hereby finds and declares that:3 | |
143 | + | (a) There are tens of thousands of active oil and gas wells in4 | |
144 | + | Colorado;5 | |
145 | + | (b) Many different types of products that contain chemical6 | |
146 | + | additives are used by operators during the drilling and stimulation of these7 | |
147 | + | wells to break up the subsurface and extract oil and gas from the ground;8 | |
148 | + | (c) While water and sand can make up the vast majority of these9 | |
149 | + | products, the amount of chemical additives injected into a well can add10 | |
150 | + | up to tens of thousands of gallons because of the amount of these11 | |
151 | + | products that are used during the course of an oil and gas operation;12 | |
152 | + | (d) When these chemical additives are injected into a well, there13 | |
153 | + | is a high risk of contamination to nearby groundwater or surface water;14 | |
154 | + | and15 | |
155 | + | (e) Some chemicals used in chemical products, such as16 | |
156 | + | perfluoroalkyl and polyfluoroalkyl chemicals and biocides, have high17 | |
157 | + | aquatic toxicity and can be incredibly harmful to human health and the18 | |
158 | + | environment.19 | |
159 | + | (2) The general assembly further finds and declares that:20 | |
160 | + | (a) Even though exposure to these chemical additives poses a21 | |
161 | + | danger to public health and the environment, scientists, state and local22 | |
162 | + | regulators, and the public lack full access to information about the23 | |
163 | + | chemical additives used in oil and gas production in the state;24 | |
164 | + | (b) While Colorado requires the reporting of certain chemical25 | |
165 | + | information for products that are used in hydraulic fracturing (fracking)26 | |
166 | + | operations for input into a third-party database, there are broad27 | |
167 | + | 1348 | |
168 | + | -4- exemptions allowed for chemical information that is deemed proprietary1 | |
169 | + | or confidential by the operator or supplier of a product;2 | |
170 | + | (c) In recent years, thousands of operators who conduct fracking3 | |
171 | + | operations have used trade secrecy claims to avoid disclosing information4 | |
172 | + | about the chemicals that they use in their operations;5 | |
173 | + | (d) Operators and suppliers of the products often do not have6 | |
174 | + | knowledge of the chemical information that they are required to report to7 | |
175 | + | the state;8 | |
176 | + | (e) As a result of the amount of trade secrecy claims and the9 | |
177 | + | operators' and suppliers' lack of knowledge of specific chemical10 | |
178 | + | information, information about the chemical additives that are used in11 | |
179 | + | fracking operations in the state is vastly underreported;12 | |
180 | + | (f) Greater transparency regarding chemical use in oil and gas13 | |
181 | + | production is urgently needed and can be achieved by:14 | |
182 | + | (I) Requiring manufacturers and disclosers, rather than operators,15 | |
183 | + | to disclose information about chemicals that are used in oil and gas16 | |
184 | + | production in the state;17 | |
185 | + | (II) Requiring the Colorado oil and gas conservation commission18 | |
186 | + | to gather the chemical information so that the disclosure of specific19 | |
187 | + | chemical information can be separated from the trade name of a product,20 | |
188 | + | which will thereby protect any proprietary information; and21 | |
189 | + | (III) Ensuring that operators disclose chemical information to the22 | |
190 | + | state, local governments, and communities in close proximity to23 | |
191 | + | operations after the operations have commenced; and24 | |
192 | + | (g) A full inventory of the chemicals used in oil and gas25 | |
193 | + | production will:26 | |
194 | + | (I) Assist state agencies, local governments, health-care27 | |
195 | + | 1348 | |
196 | + | -5- professionals, public health officials, and scientists in determining if1 | |
197 | + | highly hazardous chemicals are being used in oil and gas production; and2 | |
198 | + | 3 | |
199 | + | (II) Encourage the disclosers and users of products that contain4 | |
200 | + | highly hazardous chemicals to use less toxic alternatives in future5 | |
201 | + | products and oil and gas operations.6 | |
202 | + | (3) Therefore the general assembly determines and declares that7 | |
203 | + | the state should enact a regulatory scheme that provides full disclosure of8 | |
204 | + | the chemicals that are being deposited into the environment through oil9 | |
205 | + | and gas production because:10 | |
206 | + | (a) Coloradans have the right to know what chemicals are being11 | |
207 | + | deposited into the environment where they live, work, and recreate; and12 | |
208 | + | (b) State and local governments and regulators need this chemical13 | |
209 | + | information to adequately protect the people, water systems, wildlife, and14 | |
210 | + | environment of Colorado.15 | |
211 | + | SECTION 2. In Colorado Revised Statutes, add 34-60-132 as16 | |
212 | + | follows:17 | |
213 | + | 34-60-132. Disclosure of chemicals used in downhole oil and18 | |
214 | + | gas operations - chemical disclosure lists - community notification19 | |
215 | + | - - reports - definitions - rules - repeal. (1) A S USED IN THIS SECTION,20 | |
216 | + | UNLESS THE CONTEXT OTHERWISE REQUIRES :21 | |
98 | 217 | (a) (I) "A | |
99 | - | DDITIVE" MEANS A CHEMICAL OR COMBINATION OF | |
100 | - | CHEMICALS ADDED TO A BASE FLUID FOR USE IN A HYDRAULIC FRACTURING | |
101 | - | TREATMENT | |
102 | - | . | |
218 | + | DDITIVE" MEANS A CHEMICAL OR COMBINATION OF22 | |
219 | + | CHEMICALS ADDED TO A BASE FLUID FOR USE IN A HYDRAULIC23 | |
220 | + | FRACTURING TREATMENT .24 | |
103 | 221 | (II) "A | |
104 | - | DDITIVE" INCLUDES PROPPANTS. | |
222 | + | DDITIVE" INCLUDES PROPPANTS.25 | |
105 | 223 | (b) "B | |
106 | - | ASE FLUID" MEANS THE CONTINUOUS PHASE FLUID TYPE , SUCH | |
107 | - | AS WATER | |
108 | - | , USED IN A HYDRAULIC FRACTURING TREATMENT . | |
109 | - | (c) "C | |
110 | - | HEMICAL" MEANS ANY ELEMENT, CHEMICAL COMPOUND, OR | |
111 | - | MIXTURE OF ELEMENTS OR CHEMICAL COMPOUNDS THAT HAS A SPECIFIC | |
112 | - | NAME OR IDENTITY | |
113 | - | , INCLUDING A CHEMICAL ABSTRACTS SERVICE NUMBER. | |
224 | + | ASE FLUID" MEANS THE CONTINUOUS PHASE FLUID TYPE ,26 | |
225 | + | SUCH AS WATER, USED IN A HYDRAULIC FRACTURING TREATMENT .27 | |
226 | + | 1348 | |
227 | + | -6- (c) "CHEMICAL" MEANS ANY ELEMENT, CHEMICAL COMPOUND, OR1 | |
228 | + | MIXTURE OF ELEMENTS OR CHEMICAL COMPOUNDS THAT HAS A SPECIFIC2 | |
229 | + | NAME OR IDENTITY, INCLUDING A CHEMICAL ABSTRACTS SERVICE3 | |
230 | + | NUMBER.4 | |
114 | 231 | (d) "C | |
115 | - | HEMICAL ABSTRACTS SERVICE NUMBER" MEANS THE UNIQUE | |
116 | - | NUMERICAL IDENTIFIER ASSIGNED BY THE | |
117 | - | CHEMICAL ABSTRACTS SERVICE | |
118 | - | TO A CHEMICAL | |
119 | - | . | |
232 | + | HEMICAL ABSTRACTS SERVICE NUMBER" MEANS THE UNIQUE5 | |
233 | + | NUMERICAL IDENTIFIER ASSIGNED BY THE CHEMICAL ABSTRACTS SERVICE6 | |
234 | + | TO A CHEMICAL.7 | |
120 | 235 | (e) "C | |
121 | - | HEMICAL DISCLOSURE INFORMATION " MEANS | |
122 | - | INFORMATION DISCLOSED TO THE COMMISSION UNDER | |
236 | + | HEMICAL DISCLOSURE INFORMATION " MEANS THE8 | |
237 | + | INFORMATION DISCLOSED TO THE COMMISSION UNDER SUBSECTIONS9 | |
123 | 238 | (2)(a)(I) | |
124 | - | AND (3)(a)(I) OF THIS SECTION. | |
239 | + | AND (3)(a)(I) OF THIS SECTION.10 | |
125 | 240 | (f) "C | |
126 | - | HEMICAL DISCLOSURE LIST" MEANS A LIST OF CHEMICALS USED | |
127 | - | IN DOWNHOLE OPERATIONS AT A WELL SITE | |
128 | - | . | |
241 | + | HEMICAL DISCLOSURE LIST" MEANS A LIST OF CHEMICALS11 | |
242 | + | USED IN DOWNHOLE OPERATIONS AT A WELL SITE .12 | |
129 | 243 | (g) "C | |
130 | - | HEMICAL DISCLOSURE WEBSITE " MEANS A WEBSITE THAT IS | |
131 | - | CAPABLE OF DISPLAYING CHEMICAL DISCLOSURE LISTS AND CAN BE | |
132 | - | ACCESSED BY THE PUBLIC | |
133 | - | . | |
244 | + | HEMICAL DISCLOSURE WEBSITE" MEANS A WEBSITE THAT IS13 | |
245 | + | CAPABLE OF DISPLAYING CHEMICAL DISCLOSURE LISTS AND CAN BE14 | |
246 | + | ACCESSED BY THE PUBLIC.15 | |
134 | 247 | (h) (I) "C | |
135 | - | HEMICAL PRODUCT" MEANS ANY PRODUCT THAT CONSISTS | |
136 | - | OF ONE OR MORE CHEMICALS AND IS SOLD OR DISTRIBUTED FOR USE IN | |
137 | - | DOWNHOLE OPERATIONS IN THE STATE | |
138 | - | . | |
248 | + | HEMICAL PRODUCT" MEANS ANY PRODUCT THAT16 | |
249 | + | CONSISTS OF ONE OR MORE CHEMICALS AND IS SOLD OR DISTRIBUTED FOR17 | |
250 | + | USE IN DOWNHOLE OPERATIONS IN THE STATE .18 | |
139 | 251 | (II) "C | |
140 | - | HEMICAL PRODUCT" INCLUDES ADDITIVES, BASE FLUIDS, AND | |
141 | - | PAGE 4-HOUSE BILL 22-1348 HYDRAULIC FRACTURING FLUIDS . | |
142 | - | (III) "C | |
143 | - | HEMICAL PRODUCT" DOES NOT INCLUDE THE STRUCTURAL | |
144 | - | AND MECHANICAL COMPONENTS OF A WELL SITE WHERE DOWNHOLE | |
145 | - | OPERATIONS ARE BEING CONDUCTED | |
146 | - | . | |
147 | - | (i) (I) "D | |
148 | - | IRECT VENDOR" MEANS ANY DISTRIBUTOR, SUPPLIER, OR | |
149 | - | OTHER ENTITY THAT SELLS OR SUPPLIES ONE OR MORE CHEMICAL PRODUCTS | |
150 | - | DIRECTLY TO AN OPERATOR OR SERVICE PROVIDER FOR USE AT A WELL SITE | |
151 | - | . | |
152 | - | (II) "D | |
153 | - | IRECT VENDOR" DOES NOT INCLUDE ENTITIES THAT | |
154 | - | MANUFACTURE | |
155 | - | , PRODUCE, OR FORMULATE CHEMICAL PRODUCTS FOR | |
156 | - | FURTHER MANUFACTURE | |
157 | - | , FORMULATION, SALE, OR DISTRIBUTION BY THIRD | |
158 | - | PARTIES PRIOR TO BEING SUPPLIED DIRECTLY TO OPERATORS OR SERVICE | |
159 | - | PROVIDERS | |
160 | - | . | |
161 | - | (j) "D | |
162 | - | ISCLOSER" MEANS AN OPERATOR , ANY SERVICE PROVIDER | |
163 | - | USING ONE OR MORE CHEMICAL PRODUCTS IN THE COURSE OF DOW NHOLE | |
164 | - | OPERATIONS | |
165 | - | , AND ANY DIRECT VE NDOR THAT PROVIDES ONE OR MORE | |
166 | - | CHEMICAL PRODUCTS DIRECTLY TO THE OPERATOR OR SERVICE PROVIDER | |
167 | - | FOR USE AT A WELL SITE | |
168 | - | . | |
169 | - | (k) "D | |
170 | - | IVISION" MEANS THE DIVISION OF PARKS AND WILDLIFE IN THE | |
171 | - | DEPARTMENT OF NATURAL RESOURCES | |
172 | - | . | |
173 | - | (l) "D | |
174 | - | OWNHOLE OPERATIONS " MEANS OIL AND GAS PRODUCTION | |
175 | - | OPERATIONS THAT ARE CONDUCTED UNDERGROUND | |
176 | - | . | |
177 | - | (m) "H | |
178 | - | EALTH-CARE PROFESSIONAL" MEANS A PHYSICIAN, PHYSICIAN | |
179 | - | ASSISTANT | |
180 | - | , NURSE PRACTITIONER, REGISTERED NURSE, OR EMERGENCY | |
181 | - | MEDICAL SERVICE PROVIDER LICENSED OR CERTIFIED BY THE STATE | |
182 | - | . | |
183 | - | (n) "H | |
184 | - | IGH-PRIORITY HABITAT" MEANS HABITAT AREAS IDENTIFIED BY | |
185 | - | THE DIVISION WHERE MEASURES TO AVOID | |
186 | - | , MINIMIZE, AND MITIGATE | |
187 | - | ADVERSE IMPACTS TO WILDLIFE HAVE BEEN IDENTIFIED TO PROTECT | |
188 | - | BREEDING | |
189 | - | , NESTING, FORAGING, MIGRATING, OR OTHER USES BY WILDLIFE. | |
190 | - | (o) "H | |
191 | - | YDRAULIC FRACTURING FLUID" MEANS THE FLUID, INCLUDING | |
192 | - | ANY BASE FLUID AND ADDITIVES | |
193 | - | , USED TO PERFORM A HYDRAULIC | |
194 | - | FRACTURING TREATMENT | |
195 | - | . | |
196 | - | PAGE 5-HOUSE BILL 22-1348 (p) "HYDRAULIC FRACTURING TREATMENT " MEANS ALL STAGES OF | |
197 | - | THE TREATMENT OF A WELL BY THE APPLICATION OF HYDRAULIC | |
198 | - | FRACTURING FLUID UNDER PRESSURE | |
199 | - | , WHICH TREATMENT IS EXPRESSLY | |
200 | - | DESIGNED TO INITIATE OR PROPAGATE FRACTURES IN AN UNDERGROUND | |
201 | - | GEOLOGIC FORMATION TO ENHANCE THE PRODUCTION OF OIL AND GAS | |
202 | - | . | |
203 | - | (q) "M | |
204 | - | ANUFACTURER" MEANS A PERSON OR ENTITY THAT MAKES , | |
205 | - | ASSEMBLES, OR OTHERWISE GENERATES A CHEMICAL PRODUCT OR WHOSE | |
206 | - | TRADE NAME IS AFFIXED TO A CHEMICAL PRODUCT | |
207 | - | . | |
208 | - | (r) "P | |
209 | - | ERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES " OR | |
210 | - | "PFAS CHEMICALS" HAS THE MEANING SET FORTH IN SECTION 25-5-1302 (7). | |
211 | - | (s) "P | |
212 | - | ROPPANTS" MEANS MATERIALS INSERTED OR INJECTED INTO AN | |
213 | - | UNDERGROUND GEOLOGIC FORMATION DURING A HYDRAULIC FRACTURING | |
214 | - | TREATMENT THAT ARE INTENDED TO PREVENT FRACTURES FROM CLOSING | |
215 | - | . | |
216 | - | (t) "P | |
217 | - | UBLIC WATER SYSTEMS" HAS THE MEANING SET FORTH IN | |
218 | - | SECTION | |
219 | - | 25-1.5-201 (1). | |
252 | + | HEMICAL PRODUCT" INCLUDES ADDITIVES, BASE FLUIDS,19 | |
253 | + | AND HYDRAULIC FRACTURING FLUIDS .20 | |
254 | + | (III) "CHEMICAL PRODUCT" DOES NOT INCLUDE THE STRUCTURAL21 | |
255 | + | AND MECHANICAL COMPONENTS OF A WELL SITE WHERE DOWNHOLE22 | |
256 | + | OPERATIONS ARE BEING CONDUCTED .23 | |
257 | + | (i) (I) "DIRECT VENDOR" MEANS ANY DISTRIBUTOR, SUPPLIER, OR24 | |
258 | + | OTHER ENTITY THAT SELLS OR SUPPLIES ONE OR MORE CHEMICAL25 | |
259 | + | PRODUCTS DIRECTLY TO AN OPERATOR OR SERVICE PROVIDER FOR USE AT26 | |
260 | + | A WELL SITE.27 | |
261 | + | 1348 | |
262 | + | -7- (II) "DIRECT VENDOR" DOES NOT INCLUDE ENTITIES THAT1 | |
263 | + | MANUFACTURE, PRODUCE, OR FORMULATE CHEMICAL PRODUCTS FOR2 | |
264 | + | FURTHER MANUFACTURE, FORMULATION, SALE, OR DISTRIBUTION BY3 | |
265 | + | THIRD PARTIES PRIOR TO BEING SUPPLIED DIRECTLY TO OPERATORS OR4 | |
266 | + | SERVICE PROVIDERS.5 | |
267 | + | (j) "DISCLOSER" MEANS AN OPERATOR, ANY SERVICE PROVIDER6 | |
268 | + | USING ONE OR MORE CHEMICAL PRODUCTS IN THE COURSE OF DOWNHOLE7 | |
269 | + | OPERATIONS, AND ANY DIRECT VENDOR THAT PROVIDES ONE OR MORE8 | |
270 | + | CHEMICAL PRODUCTS DIRECTLY TO THE OPERATOR OR SERVICE PROVIDER9 | |
271 | + | FOR USE AT A WELL SITE.10 | |
272 | + | (k) "DIVISION" MEANS THE DIVISION OF PARKS AND WILDLIFE IN11 | |
273 | + | THE DEPARTMENT OF NATURAL RESOURCES .12 | |
274 | + | (l) "DOWNHOLE OPERATIONS " MEANS OIL AND GAS PRODUCTION13 | |
275 | + | OPERATIONS THAT ARE CONDUCTED UNDERGROUND .14 | |
276 | + | (m) "HEALTH-CARE PROFESSIONAL" MEANS A PHYSICIAN ,15 | |
277 | + | PHYSICIAN ASSISTANT, NURSE PRACTITIONER, REGISTERED NURSE, OR16 | |
278 | + | EMERGENCY MEDICAL SERVICE PROVIDER LICENSED OR CERTIFIED BY THE17 | |
279 | + | STATE.18 | |
280 | + | (n) "HIGH-PRIORITY HABITAT" MEANS HABITAT AREAS IDENTIFIED19 | |
281 | + | BY THE DIVISION WHERE MEASURES TO AVOID, MINIMIZE, AND MITIGATE20 | |
282 | + | ADVERSE IMPACTS TO WILDLIFE HAVE BEEN IDENTIFIED TO PROTECT21 | |
283 | + | BREEDING, NESTING, FORAGING, MIGRATING, OR OTHER USES BY WILDLIFE.22 | |
284 | + | (o) "HYDRAULIC FRACTURING FLUID " MEANS THE FLUID ,23 | |
285 | + | INCLUDING ANY BASE FLUID AND ADDITIVES , USED TO PERFORM A24 | |
286 | + | HYDRAULIC FRACTURING TREATMENT .25 | |
287 | + | (p) "HYDRAULIC FRACTURING TREATMENT " MEANS ALL STAGES OF26 | |
288 | + | THE TREATMENT OF A WELL BY THE APPLICATION OF HYDRAULIC27 | |
289 | + | 1348 | |
290 | + | -8- FRACTURING FLUID UNDER PRESSURE , WHICH TREATMENT IS EXPRESSLY1 | |
291 | + | DESIGNED TO INITIATE OR PROPAGATE FRACTURES IN AN UNDERGROUND2 | |
292 | + | GEOLOGIC FORMATION TO ENHANCE THE PRODUCTION OF OIL AND GAS .3 | |
293 | + | (q) "MANUFACTURER" MEANS A PERSON OR ENTITY THAT MAKES,4 | |
294 | + | ASSEMBLES, OR OTHERWISE GENERATES A CHEMICAL PRODUCT OR WHOSE5 | |
295 | + | TRADE NAME IS AFFIXED TO A CHEMICAL PRODUCT .6 | |
296 | + | (r) "PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES " OR7 | |
297 | + | "PFAS | |
298 | + | CHEMICALS" HAS THE MEANING SET FORTH IN SECTION 25-5-13028 | |
299 | + | (7).9 (s) "PROPPANTS" MEANS MATERIALS INSERTED OR INJECTED INTO10 | |
300 | + | AN UNDERGROUND GEOLOGIC FORMATION DURING A HYDRAULIC11 | |
301 | + | FRACTURING TREATMENT THAT ARE INTENDED TO PREVENT FRACTURES12 | |
302 | + | FROM CLOSING.13 | |
303 | + | (t) "PUBLIC WATER SYSTEMS" HAS THE MEANING SET FORTH IN14 | |
304 | + | SECTION 25-1.5-201 (1).15 | |
220 | 305 | (u) "T | |
221 | 306 | RADE SECRET" HAS THE MEANING SET FORTH IN SECTION | |
222 | - | ||
223 | - | ||
224 | - | ||
225 | - | ||
226 | - | ||
227 | - | ||
228 | - | ||
229 | - | ||
230 | - | ||
231 | - | . | |
232 | - | (2) Discloser chemical disclosure information and declaration. | |
307 | + | 16 | |
308 | + | 7-74-102 | |
309 | + | (4). | |
310 | + | 17 | |
311 | + | 18 | |
312 | + | (v) "TYPE III AQUIFER" MEANS AN AQUIFER THAT CONSISTS OF19 | |
313 | + | UNCONSOLIDATED GEOLOGIC MATERIAL , INCLUDING ALLUVIAL ,20 | |
314 | + | COLLUVIAL, OR OTHER CONSOLIDATED MATERIALS .21 | |
315 | + | (w) "WELL SITE" MEANS THE AREA THAT IS DIRECTLY DISTURBED22 | |
316 | + | DURING OIL AND GAS OPERATIONS.23 | |
317 | + | (2) Discloser chemical disclosure information and declaration.24 | |
233 | 318 | (a) O | |
234 | - | N AND AFTER JULY 31, 2023, AND SUBJECT TO SUBSECTION (2)(b) OF | |
235 | - | THIS SECTION | |
236 | - | , A DISCLOSER THAT SELLS OR DISTRIBUTES A CHEMICAL | |
237 | - | PRODUCT FOR USE IN DOWNHOLE OPERATIONS IN THE STATE | |
238 | - | OR THAT USES | |
239 | - | A CHEMICAL PRODUCT IN DOWNHOLE OPERATIONS IN THE STATE MUST | |
240 | - | : | |
319 | + | N AND AFTER JULY 31, 2023, AND SUBJECT TO SUBSECTION (2)(b) OF25 | |
320 | + | THIS SECTION, A | |
321 | + | DISCLOSER THAT SELLS OR DISTRIBUTES A CHEMICAL26 | |
322 | + | PRODUCT FOR USE IN DOWNHOLE OPERATIONS IN THE STATE OR THAT USES27 | |
323 | + | 1348 | |
324 | + | -9- A CHEMICAL PRODUCT IN DOWNHOLE OPERATIONS IN THE STATE MUST:1 | |
241 | 325 | (I) D | |
242 | - | ISCLOSE TO THE COMMISSION: | |
326 | + | ISCLOSE TO THE COMMISSION:2 | |
243 | 327 | (A) T | |
244 | 328 | HE TRADE NAME OF THE CHEMICAL PRODUCT ; AND | |
245 | - | PAGE 6-HOUSE BILL 22-1348 (B) A LIST OF THE NAMES AND CHEMICAL ABSTRACTS SERVICE | |
246 | - | NUMBERS OF EACH CHEMICAL USED IN THE CHEMICAL PRODUCT | |
247 | - | ; AND | |
248 | - | (C) IF A DISCLOSER BELIEVES THAT A CHEMICAL CONSTITUENT OF A | |
249 | - | CHEMICAL PRODUCT IS A TRADE SECRET OR IS PROPRIETARY INFORMATION | |
250 | - | , | |
251 | - | NEVERTHELESS DISCLOSE THE CHEMICAL CONSTITUENT ; AND | |
252 | - | (II) PROVIDE A WRITTEN DECLARATION TO THE COMMISSION THAT | |
253 | - | THE CHEMICAL PRODUCT CONTAINS NO INTENTIONALLY ADDED | |
254 | - | PFAS | |
255 | - | CHEMICALS. | |
329 | + | 3 | |
330 | + | (B) A | |
331 | + | LIST OF THE NAMES AND CHEMICAL ABSTRACTS SERVICE4 | |
332 | + | NUMBERS OF EACH CHEMICAL USED IN THE CHEMICAL PRODUCT ; AND | |
333 | + | 5 | |
334 | + | (C) I | |
335 | + | F A DISCLOSER BELIEVES THAT A CHEMICAL CONSTITUENT OF | |
336 | + | 6 | |
337 | + | A CHEMICAL PRODUCT IS A TRADE SECRET OR IS PROPRIETARY7 | |
338 | + | INFORMATION, NEVERTHELESS DISCLOSE THE CHEMICAL CONSTITUENT ;8 | |
339 | + | AND9 | |
340 | + | 10 | |
341 | + | (II) P | |
342 | + | ROVIDE A WRITTEN DECLARATION TO THE COMMISSION THAT11 | |
343 | + | THE CHEMICAL PRODUCT CONTAINS NO INTENTIONALLY ADDED PFAS12 | |
344 | + | CHEMICALS.13 | |
256 | 345 | (b) (I) (A) F | |
257 | - | OR DISCLOSERS THAT WERE ALREADY SELLING OR | |
258 | - | DISTRIBUTING A CHEMICAL PRODUCT FOR USE IN DOWNHOLE OPERATIONS IN | |
259 | - | THE STATE BEFORE | |
260 | - | JULY 31, 2023, OR THAT WERE USING THE CHEMICAL | |
261 | - | PRODUCT BEFORE | |
262 | - | JULY 31, 2023, THE INFORMATION AND DECLARATION | |
263 | - | REQUIRED TO BE PROVIDED PURSUANT TO SUBSECTION | |
264 | - | (2)(a) OF THIS | |
265 | - | SECTION MUST BE PROVIDED TO THE COMMISSION AT LEAST THIRTY DAYS | |
266 | - | BEFORE | |
267 | - | JULY 31, 2023. | |
346 | + | OR | |
347 | + | DISCLOSERS THAT WERE ALREADY SELLING OR14 | |
348 | + | DISTRIBUTING A CHEMICAL PRODUCT FOR USE IN DOWNHOLE OPERATIONS15 | |
349 | + | IN THE STATE BEFORE JULY 31, 2023,OR THAT WERE USING THE CHEMICAL16 | |
350 | + | PRODUCT BEFORE JULY 31, 2023, THE INFORMATION AND DECLARATION17 | |
351 | + | REQUIRED TO BE PROVIDED PURSUANT TO SUBSECTION (2)(a) OF THIS18 | |
352 | + | SECTION MUST BE PROVIDED TO THE COMMISSION AT LEAST THIRTY DAYS19 | |
353 | + | BEFORE JULY 31, 2023.20 | |
268 | 354 | (B) T | |
269 | - | HIS SUBSECTION (2)(b)(I) IS REPEALED, EFFECTIVE JULY 1, | |
270 | - | 2024. | |
355 | + | HIS SUBSECTION (2)(b)(I) IS REPEALED, EFFECTIVE JULY 1,21 | |
356 | + | 2024.22 | |
271 | 357 | (II) F | |
272 | - | OR DISCLOSERS THAT BEGIN TO SELL , DISTRIBUTE, OR USE A | |
273 | - | CHEMICAL PRODUCT FOR USE IN DOWNHOLE OPERATIONS IN THE STATE ON | |
274 | - | OR AFTER | |
275 | - | JULY 31, 2023, THE INFORMATION AND DECLARATION REQUIRED | |
276 | - | TO BE PROVIDED PURSUANT TO SUBSECTION | |
277 | - | (2)(a) OF THIS SECTION MUST BE | |
278 | - | PROVIDED TO THE COMMISSION AT LEAST THIRTY DAYS BEFORE THE | |
279 | - | DISCLOSER BEGINS SELLING | |
280 | - | , DISTRIBUTING, OR USING THE CHEMICAL | |
281 | - | PRODUCT | |
282 | - | . | |
358 | + | OR | |
359 | + | DISCLOSERS THAT BEGIN TO SELL, DISTRIBUTE, OR USE A23 | |
360 | + | CHEMICAL PRODUCT FOR USE IN DOWNHOLE OPERATIONS IN THE STATE ON24 | |
361 | + | OR AFTER JULY 31, 2023, THE INFORMATION AND DECLARATION REQUIRED25 | |
362 | + | TO BE PROVIDED PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION MUST26 | |
363 | + | BE PROVIDED TO THE COMMISSION AT LEAST THIRTY DAYS BEFORE THE27 | |
364 | + | 1348 | |
365 | + | -10- DISCLOSER BEGINS SELLING, DISTRIBUTING, OR USING THE CHEMICAL1 | |
366 | + | PRODUCT.2 | |
283 | 367 | (c) T | |
284 | - | HE COMMISSION SHALL ENSURE THAT THE INFORMATION AND | |
285 | - | DECLARATION REQUIRED TO BE PROVIDED UNDER SUBSECTION | |
286 | - | (2)(a) OF THIS | |
287 | - | SECTION IS PROVIDED TO THE COMMISSION | |
288 | - | . | |
289 | - | (d) I | |
290 | - | F A MANUFACTURER DOES NOT PROVIDE THE INFORMATION | |
291 | - | DESCRIBED IN SUBSECTION | |
292 | - | (2)(a)(I) OF THIS SECTION FOR A CHEMICAL | |
293 | - | PRODUCT THAT IT SELLS OR DISTRIBUTES FOR USE IN DOWNHOLE OPERATIONS | |
294 | - | IN THE STATE TO A DISCLOSER UPON THE REQUEST OF THE DISCLOSER OR THE | |
295 | - | COMMISSION | |
296 | - | , THE MANUFACTURER MUST PROVIDE THE COMMISSION WITH A | |
297 | - | TRADE SECRET FORM OF ENTITLEMENT | |
298 | - | , AS DETERMINED BY THE COMMISSION | |
299 | - | PAGE 7-HOUSE BILL 22-1348 BY RULE, FOR THE CHEMICAL PRODUCT. AT A MINIMUM, THE MANUFACTURER | |
300 | - | MUST INCLUDE IN THE TRADE SECRET FORM OF ENTITLEMENT FOR THE | |
301 | - | CHEMICAL PRODUCT | |
302 | - | : | |
303 | - | (I) T | |
304 | - | HE NAME OF EACH CHEMICAL USED IN THE CHEMICAL PRODUCT ; | |
305 | - | AND | |
306 | - | (II) THE CHEMICAL ABSTRACTS SERVICE NUMBER OF EACH | |
307 | - | CHEMICAL USED IN THE CHEMICAL PRODUCT | |
308 | - | . | |
309 | - | (e) I | |
310 | - | F, AFTER MAKING A REQUEST TO THE MANUFACTURER OF THE | |
311 | - | CHEMICAL PRODUCT PURSUANT TO SUBSECTION | |
312 | - | (2)(d) OF THIS SECTION, A | |
313 | - | DISCLOSER IS UNABLE TO DISCLOSE THE INFORMATION DESCRIBED IN | |
314 | - | SUBSECTION | |
315 | - | (2)(a)(I) OF THIS SECTION, THE DISCLOSER SHALL DISCLOSE TO | |
316 | - | THE COMMISSION | |
317 | - | : | |
318 | - | (I) T | |
319 | - | HE NAME OF THE CHEMICAL PRODUCT 'S MANUFACTURER; | |
320 | - | (II) T | |
321 | - | HE CHEMICAL PRODUCT'S TRADE NAME; | |
322 | - | (III) T | |
323 | - | HE AMOUNT OR WEIGHT OF THE CHEMICAL PRODUCT ; AND | |
324 | - | (IV) A SAFETY DATA SHEET FOR THE CHEMICAL PRODUCT , IF IT IS | |
325 | - | AVAILABLE FOR DISCLOSURE BY THE DISCLOSER AND PROVIDES THE | |
326 | - | INFORMATION DESCRIBED IN SUBSECTION | |
327 | - | (2)(a)(I) OF THIS SECTION. | |
368 | + | HE COMMISSION SHALL | |
369 | + | ENSURE THAT THE INFORMATION3 | |
370 | + | AND DECLARATION REQUIRED TO BE PROVIDED UNDER SUBSECTION (2)(a)4 | |
371 | + | OF THIS SECTION IS PROVIDED TO THE COMMISSION .5 | |
372 | + | (d) IF A MANUFACTURER DOES NOT PROVIDE THE INFORMATION6 | |
373 | + | DESCRIBED IN SUBSECTION (2)(a)(I) OF THIS SECTION FOR A CHEMICAL7 | |
374 | + | PRODUCT THAT IT SELLS OR DISTRIBUTES FOR USE IN DOWNHOLE8 | |
375 | + | OPERATIONS IN THE STATE TO A DISCLOSER UPON THE REQUEST OF THE9 | |
376 | + | DISCLOSER OR THE COMMISSION, THE MANUFACTURER MUST PROVIDE THE10 | |
377 | + | COMMISSION WITH A TRADE SECRET FORM OF ENTITLEMENT , AS11 | |
378 | + | DETERMINED BY THE COMMISSION BY RULE, FOR THE CHEMICAL PRODUCT.12 | |
379 | + | AT A MINIMUM, THE MANUFACTURER MUST INCLUDE IN THE TRADE SECRET13 | |
380 | + | FORM OF ENTITLEMENT FOR THE CHEMICAL PRODUCT :14 | |
381 | + | (I) THE NAME OF EACH CHEMICAL USED IN THE CHEMICAL15 | |
382 | + | PRODUCT; AND16 | |
383 | + | (II) THE CHEMICAL ABSTRACTS SERVICE NUMBER OF EACH17 | |
384 | + | CHEMICAL USED IN THE CHEMICAL PRODUCT .18 | |
385 | + | 19 | |
386 | + | (e) IF, AFTER MAKING A REQUEST TO THE MANUFACTURER OF THE20 | |
387 | + | CHEMICAL PRODUCT PURSUANT TO SUBSECTION (2)(d) OF THIS SECTION,21 | |
388 | + | A DISCLOSER IS UNABLE TO DISCLOSE THE INFORMATION DESCRIBED IN22 | |
389 | + | SUBSECTION (2)(a)(I) OF THIS SECTION, THE DISCLOSER SHALL DISCLOSE23 | |
390 | + | TO THE COMMISSION:24 | |
391 | + | (I) THE NAME OF THE CHEMICAL PRODUCT 'S MANUFACTURER;25 | |
392 | + | (II) THE CHEMICAL PRODUCT'S TRADE NAME;26 | |
393 | + | (III) THE AMOUNT OR WEIGHT OF THE CHEMICAL PRODUCT ; AND27 | |
394 | + | 1348 | |
395 | + | -11- (IV) A SAFETY DATA SHEET FOR THE CHEMICAL PRODUCT, IF IT IS1 | |
396 | + | AVAILABLE FOR DISCLOSURE BY THE DISCLOSER AND PROVIDES THE2 | |
397 | + | INFORMATION DESCRIBED IN SUBSECTION (2)(a)(I) OF THIS SECTION.3 | |
328 | 398 | (f) I | |
329 | - | N THE EVENT THAT THE DISCLOSER IS UNABLE TO DISCLOSE | |
330 | - | ||
331 | - | (2)(a)(I) OF THIS SECTION, | |
332 | - | COMMISSION SHALL OBTAIN THE INFORMATION DESCRIBED | |
333 | - | (2)(a)(I) OF THIS SECTION FROM THE MANUFACTURER . | |
334 | - | (3) Operator chemical disclosure information - declaration. | |
399 | + | N THE EVENT THAT THE DISCLOSER IS UNABLE TO DISCLOSE | |
400 | + | 4 | |
401 | + | THE INFORMATION DESCRIBED IN SUBSECTION (2)(a)(I) OF THIS SECTION,5 | |
402 | + | THE COMMISSION SHALL OBTAIN THE INFORMATION DESCRIBED IN6 | |
403 | + | SUBSECTION (2)(a)(I) OF THIS SECTION FROM THE MANUFACTURER .7 | |
404 | + | (3) Operator chemical disclosure information - declaration.8 | |
335 | 405 | (a) O | |
336 | - | N AND AFTER JULY 31, 2023, AND SUBJECT TO SUBSECTION (3)(b) OF | |
337 | - | THIS SECTION | |
338 | - | , AN OPERATOR OF DOWNHOLE OPERATIONS USING A CHEMICAL | |
339 | - | PRODUCT MUST | |
340 | - | : | |
406 | + | N AND AFTER JULY 31, 2023, AND SUBJECT TO SUBSECTION (3)(b) OF9 | |
407 | + | THIS SECTION, AN OPERATOR OF DOWNHOLE OPERATIONS USING A10 | |
408 | + | CHEMICAL PRODUCT MUST :11 | |
341 | 409 | (I) D | |
342 | - | ISCLOSE TO THE COMMISSION: | |
410 | + | ISCLOSE TO THE COMMISSION:12 | |
343 | 411 | (A) T | |
344 | - | HE DATE OF COMMENCEMENT OF DOWNHOLE OPERATIONS ; | |
345 | - | ||
346 | - | ||
347 | - | ; | |
412 | + | HE DATE OF COMMENCEMENT OF DOWNHOLE OPERATIONS ;13 | |
413 | + | (B) T | |
414 | + | HE COUNTY OF THE WELL SITE WHERE DOWNHOLE14 | |
415 | + | OPERATIONS ARE BEING OR WILL BE CONDUCTED ;15 | |
348 | 416 | (C) T | |
349 | 417 | HE UNIQUE NUMERICAL IDENTIFIER ASSIGNED BY THE | |
350 | - | AMERICAN PETROLEUM INSTITUTE TO THE WELL WHERE DOWNHOLE | |
351 | - | OPERATIONS ARE BEING OR WILL BE CONDUCTED AND THE | |
352 | - | US WELL NUMBER | |
353 | - | ASSIGNED TO THE WELL WHERE DOWNHOLE OPERATIONS ARE BEING OR WILL | |
354 | - | BE CONDUCTED | |
355 | - | ; AND | |
356 | - | (D) THE TRADE NAMES AND QUANTITIES OF ANY CHEMICAL | |
357 | - | PRODUCTS THE OPERATOR USED IN DOWNHOLE OPERATIONS | |
358 | - | ; AND | |
359 | - | (II) PROVIDE A WRITTEN DECLARATION TO THE COMMISSION THAT | |
360 | - | THE CHEMICAL PRODUCT CONTAINS NO INTENTIONALLY ADDED | |
361 | - | PFAS | |
362 | - | CHEMICALS. | |
418 | + | 16 | |
419 | + | A | |
420 | + | MERICAN PETROLEUM INSTITUTE TO THE WELL WHERE DOWNHOLE | |
421 | + | 17 | |
422 | + | OPERATIONS ARE BEING OR WILL BE CONDUCTED AND THE US WELL18 | |
423 | + | NUMBER ASSIGNED TO THE WELL WHERE DOWNHOLE OPERATIONS ARE19 | |
424 | + | BEING OR WILL BE CONDUCTED; AND20 | |
425 | + | (D) T | |
426 | + | HE TRADE NAMES AND QUANTITIES OF ANY CHEMICAL21 | |
427 | + | PRODUCTS THE OPERATOR | |
428 | + | USED IN DOWNHOLE OPERATIONS ; AND22 | |
429 | + | (II) P | |
430 | + | ROVIDE A WRITTEN DECLARATION TO THE COMMISSION THAT23 | |
431 | + | THE CHEMICAL PRODUCT CONTAINS NO INTENTIONALLY ADDED PFAS24 | |
432 | + | CHEMICALS.25 | |
363 | 433 | (b) (I) (A) F | |
364 | - | OR A DOWNHOLE OPERATION THAT | |
365 | - | JULY 31, 2023, AND THAT WILL BE ONGOING ON JULY 31, 2023, | |
366 | - | ||
367 | - | ||
368 | - | (3)(a) OF THIS SECTION MUST BE PROVIDED | |
369 | - | WITHIN ONE HUNDRED TWENTY DAYS AFTER | |
370 | - | ||
434 | + | OR A DOWNHOLE OPERATION THAT COMMENCED26 | |
435 | + | BEFORE JULY 31, 2023, AND THAT WILL BE ONGOING ON JULY 31, 2023,27 | |
436 | + | 1348 | |
437 | + | -12- THE INFORMATION AND DECLARATION REQUIRED TO BE PROVIDED1 | |
438 | + | PURSUANT TO SUBSECTION (3)(a) OF THIS SECTION MUST BE PROVIDED TO2 | |
439 | + | THE COMMISSION WITHIN ONE HUNDRED TWENTY DAYS AFTER JULY 31,3 | |
440 | + | 2023.4 | |
371 | 441 | (B) T | |
372 | - | HIS SUBSECTION (3)(b)(I) IS REPEALED, EFFECTIVE JULY 1, | |
373 | - | 2024. | |
442 | + | HIS SUBSECTION (3)(b)(I) IS REPEALED, EFFECTIVE JULY 1,5 | |
443 | + | 2024.6 | |
374 | 444 | (II) F | |
375 | - | OR A DOWNHOLE OPERATION THAT COMMENCES ON OR | |
376 | - | ||
377 | - | ||
378 | - | (3)(a) OF THIS SECTION MUST | |
379 | - | PROVIDED TO THE COMMISSION | |
380 | - | ||
381 | - | . | |
445 | + | OR A DOWNHOLE OPERATION THAT COMMENCES ON OR AFTER7 | |
446 | + | J | |
447 | + | ULY 31, 2023, THE INFORMATION AND DECLARATION REQUIRED TO BE8 | |
448 | + | PROVIDED PURSUANT TO SUBSECTION (3)(a) OF THIS SECTION MUST BE9 | |
449 | + | PROVIDED TO THE COMMISSION | |
450 | + | WITHIN ONE HUNDRED TWENTY DAYS10 | |
451 | + | AFTER THE COMMENCEMENT OF THE DOWNHOLE OPERATION .11 | |
382 | 452 | (c) T | |
383 | - | HE COMMISSION SHALL ENSURE THAT THE INFORMATION AND | |
384 | - | DECLARATION REQUIRED TO BE PROVIDED UNDER SUBSECTION | |
385 | - | (3)(a) OF THIS | |
386 | - | SECTION IS PROVIDED TO THE COMMISSION | |
387 | - | . | |
453 | + | HE COMMISSION SHALL | |
454 | + | ENSURE THAT THE INFORMATION12 | |
455 | + | AND DECLARATION REQUIRED TO BE PROVIDED UNDER SUBSECTION (3)(a)13 | |
456 | + | OF THIS SECTION IS PROVIDED TO THE COMMISSION .14 | |
388 | 457 | (4) Change in chemical disclosure information. I | |
389 | - | F THERE IS A | |
390 | - | CHANGE IN THE INFORMATION PROVIDED UNDER SUBSECTION | |
391 | - | (2)(a)(I) OR | |
392 | - | (3)(a)(I) OF THIS SECTION, THE DISCLOSER OR OPERATOR, OR IN THE CASE OF | |
393 | - | DISCLOSURE UNDER SUBSECTION | |
394 | - | (2)(d) OF THIS SECTION , THE | |
395 | - | MANUFACTURER | |
396 | - | , MUST SUBMIT THE CHANGE TO THE COMMISSION WITHIN | |
397 | - | PAGE 9-HOUSE BILL 22-1348 THIRTY DAYS AFTER THE DATE THE DISCLOSER , MANUFACTURER, OR | |
398 | - | OPERATOR FIRST KNEW OF THE CHANGE | |
399 | - | . | |
458 | + | F THERE IS A15 | |
459 | + | CHANGE IN THE INFORMATION PROVIDED UNDER SUBSECTION (2)(a)(I) OR16 | |
460 | + | (3)(a)(I) | |
461 | + | OF THIS SECTION, THE | |
462 | + | DISCLOSER OR OPERATOR, OR IN THE CASE17 | |
463 | + | OF DISCLOSURE UNDER SUBSECTION (2)(d) OF THIS SECTION, THE18 | |
464 | + | MANUFACTURER, MUST SUBMIT THE CHANGE TO THE COMMISSION WITHIN19 | |
465 | + | THIRTY DAYS AFTER THE DATE THE DISCLOSER , MANUFACTURER, OR20 | |
466 | + | OPERATOR FIRST KNEW OF THE CHANGE .21 | |
400 | 467 | (5) Chemical disclosure lists. (a) T | |
401 | - | HE COMMISSION SHALL USE THE | |
402 | - | CHEMICAL DISCLOSURE INFORMATION TO CREATE A CHEMICAL DISCLOSURE | |
403 | - | LIST FOR EACH APPLICABLE WELL SITE | |
404 | - | . | |
468 | + | HE COMMISSION SHALL USE22 | |
469 | + | THE CHEMICAL DISCLOSURE INFORMATION TO CREATE A CHEMICAL23 | |
470 | + | DISCLOSURE LIST FOR EACH APPLICABLE WELL SITE .24 | |
471 | + | ||
472 | + | 25 | |
405 | 473 | (b) (I) T | |
406 | 474 | HE COMMISSION SHALL INCLUDE IN THE CHEMICAL | |
407 | - | ||
408 | - | ||
409 | - | ||
410 | - | ||
411 | - | . | |
475 | + | 26 | |
476 | + | DISCLOSURE LIST AN ALPHABETICAL LIST OF THE NAMES AND CHEMICAL27 | |
477 | + | 1348 | |
478 | + | -13- ABSTRACTS SERVICE REGISTRY NUMBERS OF EACH CHEMICAL USED IN1 | |
479 | + | DOWNHOLE OPERATIONS AT THE WELL SITE .2 | |
412 | 480 | (II) N | |
413 | 481 | OTWITHSTANDING ANY LAW TO THE CONTRARY , THE | |
414 | - | COMMISSION SHALL INCLUDE THE NAMES AND | |
415 | - | CHEMICAL ABSTRACTS | |
416 | - | SERVICE REGISTRY NUMBERS OF ALL CHEMICALS USED IN DOWNHOLE | |
417 | - | OPERATIONS IN THE CHEMICAL DISCLOSURE LIST AND SHALL NOT PROTECT | |
418 | - | THE NAMES OR | |
419 | - | CHEMICAL ABSTRACTS SERVICE REGISTRY NUMBERS OF ANY | |
420 | - | CHEMICAL AS A TRADE SECRET OR PROPRIETARY INFORMATION | |
421 | - | . ANY | |
422 | - | FORMULAS AND PROCESSES CONTINUE TO HAVE TRADE SECRET | |
423 | - | PROTECTIONS | |
424 | - | . | |
482 | + | 3 | |
483 | + | COMMISSION SHALL INCLUDE THE NAMES AND CHEMICAL ABSTRACTS4 | |
484 | + | S | |
485 | + | ERVICE REGISTRY NUMBERS OF ALL CHEMICALS USED IN DOWNHOLE | |
486 | + | 5 | |
487 | + | OPERATIONS IN THE CHEMICAL DISCLOSURE LIST AND SHALL NOT PROTECT6 | |
488 | + | THE NAMES OR CHEMICAL ABSTRACTS SERVICE REGISTRY NUMBERS OF7 | |
489 | + | ANY CHEMICAL AS A TRADE SECRET OR PROPRIETARY INFORMATION . ANY8 | |
490 | + | FORMULAS AND PROCESSES CONTINUE TO HAVE TRADE SECRET9 | |
491 | + | PROTECTIONS.10 | |
425 | 492 | (c) T | |
426 | - | HE COMMISSION SHALL NOT INCLUDE IN THE CHEMICAL | |
427 | - | DISCLOSURE LIST | |
428 | - | : | |
493 | + | HE COMMISSION SHALL NOT INCLUDE IN THE CHEMICAL11 | |
494 | + | DISCLOSURE LIST:12 | |
429 | 495 | (I) T | |
430 | - | HE TRADE NAME OF A CHEMICAL PRODUCT USED IN | |
431 | - | OPERATIONS AT THE WELL SITE | |
432 | - | ||
433 | - | ||
434 | - | (d) | |
435 | - | ||
436 | - | ||
437 | - | ||
438 | - | : | |
496 | + | HE TRADE NAME OF A CHEMICAL PRODUCT USED IN DOWNHOLE13 | |
497 | + | OPERATIONS AT THE WELL SITE; OR14 | |
498 | + | (II) T | |
499 | + | HE TOTAL AMOUNT OF A CHEMICAL IN A CHEMICAL PRODUCT . 15 | |
500 | + | (d) N | |
501 | + | O LATER THAN THIRTY | |
502 | + | DAYS AFTER AN OPERATOR MAKES THE16 | |
503 | + | DISCLOSURES REQUIRED UNDER SUBSECTION (3) OF THIS SECTION, THE17 | |
504 | + | COMMISSION SHALL:18 | |
439 | 505 | (I) P | |
440 | - | OST THE CHEMICAL DISCLOSURE LIST ON THE | |
441 | - | DISCLOSURE WEBSITE AND INCLUDE THE DATE OF THE SUBMISSION OF | |
442 | - | CHEMICAL DISCLOSURE LIST TO THE COMMISSION IN THE POST | |
443 | - | ||
444 | - | ||
445 | - | THE APPLICABLE WELL | |
446 | - | ||
447 | - | ||
506 | + | OST THE CHEMICAL DISCLOSURE LIST ON THE CHEMICAL19 | |
507 | + | DISCLOSURE WEBSITE AND INCLUDE THE DATE OF THE SUBMISSION OF THE20 | |
508 | + | CHEMICAL DISCLOSURE LIST TO THE COMMISSION IN THE POST ; AND21 | |
509 | + | (II) P | |
510 | + | ROVIDE THE CHEMICAL DISCLOSURE LIST TO THE OPERATOR22 | |
511 | + | OF THE APPLICABLE WELL.23 | |
512 | + | (e) T | |
513 | + | HE COMMISSION SHALL:24 | |
448 | 514 | (I) P | |
449 | - | OST AN UPDATED CHEMICAL DISCLOSURE LIST IF THERE ARE ANY | |
450 | - | NOTIFICATIONS RECEIVED FROM A DISCLOSER | |
451 | - | , MANUFACTURER , OR | |
452 | - | OPERATOR UNDER SUBSECTION | |
453 | - | (4) OF THIS SECTION AND INCLUDE THE DATE | |
454 | - | OF THE NOTIFICATION BY THE DISCLOSER | |
455 | - | , MANUFACTURER, OR OPERATOR IN | |
456 | - | THE POST | |
457 | - | ; AND | |
458 | - | (II) ENSURE THAT: | |
515 | + | OST AN UPDATED CHEMICAL DISCLOSURE LIST IF THERE ARE25 | |
516 | + | ANY NOTIFICATIONS RECEIVED FROM A DISCLOSER , MANUFACTURER, | |
517 | + | OR26 | |
518 | + | OPERATOR UNDER SUBSECTION (4) OF THIS SECTION AND INCLUDE THE27 | |
519 | + | 1348 | |
520 | + | -14- DATE OF THE NOTIFICATION BY THE DISCLOSER , MANUFACTURER, OR1 | |
521 | + | OPERATOR IN THE POST; AND2 | |
522 | + | (II) E | |
523 | + | NSURE THAT:3 | |
459 | 524 | (A) A | |
460 | - | LL CHEMICAL DISCLOSURE LISTS AND UPDATED CHEMICAL | |
461 | - | DISCLOSURE LISTS REMAIN VIEWABLE BY THE PUBLIC | |
462 | - | ; | |
525 | + | LL CHEMICAL DISCLOSURE LISTS AND UPDATED CHEMICAL4 | |
526 | + | DISCLOSURE LISTS REMAIN VIEWABLE BY THE PUBLIC ;5 | |
463 | 527 | (B) T | |
464 | - | HE CHEMICAL DISCLOSURE WEBSITE IS SEARCHABLE BY | |
465 | - | CHEMICAL | |
466 | - | , DATE OF SUBMISSION OR UPDATE OF A CHEMICAL DISCLOSURE | |
467 | - | LIST | |
468 | - | , NAME AND ADDRESS OF THE OPERATOR , AND COUNTY OF THE WELL | |
469 | - | SITE | |
470 | - | ; AND | |
471 | - | (C) THE CHEMICAL DISCLOSURE WEBSITE ALLOWS MEMBERS OF THE | |
472 | - | PUBLIC TO DOWNLOAD CHEMICAL DISCLOSURE LISTS IN AN ELECTRONIC | |
473 | - | , | |
474 | - | DELIMITED FORMAT. | |
528 | + | HE CHEMICAL DISCLOSURE WEBSITE IS SEARCHABLE BY6 | |
529 | + | CHEMICAL, DATE OF SUBMISSION OR UPDATE OF A CHEMICAL DISCLOSURE7 | |
530 | + | LIST, NAME AND ADDRESS OF THE OPERATOR , AND COUNTY OF THE WELL8 | |
531 | + | SITE; AND9 | |
532 | + | (C) T | |
533 | + | HE CHEMICAL DISCLOSURE WEBSITE ALLOWS MEMBERS OF10 | |
534 | + | THE PUBLIC TO DOWNLOAD CHEMICAL DISCLOSURE LISTS IN AN11 | |
535 | + | ELECTRONIC, DELIMITED FORMAT.12 | |
475 | 536 | (6) Community notification. (a) | |
476 | - | ON OR BEFORE JULY 31, 2023, | |
477 | - | AND SUBJECT TO SUBSECTION (6)(b) OF THIS SECTION, AN OPERATOR SHALL | |
478 | - | PROVIDE THE CHEMICAL DISCLOSURE LIST TO | |
479 | - | : | |
537 | + | ON OR BEFORE JULY 31, 2023,13 | |
538 | + | AND SUBJECT TO SUBSECTION (6)(b) OF THIS SECTION, AN OPERATOR14 | |
539 | + | SHALL PROVIDE THE CHEMICAL DISCLOSURE LIST TO :15 | |
480 | 540 | (I) A | |
481 | 541 | LL OWNERS OF MINERALS THAT ARE BEING DEVELOPED AT THE | |
482 | - | ||
483 | - | ; | |
542 | + | 16 | |
543 | + | WELL SITE;17 | |
484 | 544 | (II) A | |
485 | - | LL SURFACE OWNERS, BUILDING UNIT OWNERS, AND | |
486 | - | ||
487 | - | ||
488 | - | ||
489 | - | ; | |
545 | + | LL SURFACE OWNERS , BUILDING UNIT OWNERS , AND | |
546 | + | 18 | |
547 | + | RESIDENTS, INCLUDING TENANTS OF BOTH RESIDENTIAL AND COMMERCIAL19 | |
548 | + | PROPERTIES, THAT ARE WITHIN TWO THOUSAND SIX HUNDRED FORTY FEET20 | |
549 | + | OF THE WELL SITE;21 | |
490 | 550 | (III) T | |
491 | 551 | HE STATE LAND BOARD IF THE STATE OWNS MINERALS THAT | |
492 | - | ||
493 | - | ; | |
552 | + | 22 | |
553 | + | ARE BEING DEVELOPED AT THE WELL SITE ;23 | |
494 | 554 | (IV) T | |
495 | 555 | HE FEDERAL BUREAU OF LAND MANAGEMENT IF THE UNITED | |
496 | - | STATES OWNS THE MINERALS THAT ARE BEING DEVELOPED AT THE WELL | |
497 | - | SITE | |
498 | - | ; | |
499 | - | PAGE 11-HOUSE BILL 22-1348 (V) THE SOUTHERN UTE INDIAN TRIBE IF THE MINERALS BEING | |
500 | - | DEVELOPED AT THE WELL SITE ARE WITHIN THE EXTERIOR BOUNDARY OF THE | |
501 | - | TRIBE | |
502 | - | 'S RESERVATION AND ARE SUBJECT TO THE JURISDICTION OF THE | |
503 | - | COMMISSION | |
504 | - | ; | |
556 | + | 24 | |
557 | + | S | |
558 | + | TATES OWNS THE MINERALS THAT ARE BEING DEVELOPED AT THE WELL | |
559 | + | 25 | |
560 | + | SITE;26 | |
561 | + | (V) T | |
562 | + | HE SOUTHERN UTE INDIAN TRIBE IF THE MINERALS BEING | |
563 | + | 27 | |
564 | + | 1348 | |
565 | + | -15- DEVELOPED AT THE WELL SITE ARE WITHIN THE EXTERIOR BOUNDARY OF1 | |
566 | + | THE TRIBE'S RESERVATION AND ARE SUBJECT TO THE JURISDICTION OF THE2 | |
567 | + | COMMISSION;3 | |
505 | 568 | (VI) A | |
506 | - | LL SCHOOLS, CHILD CARE CENTERS, AND SCHOOL GOVERNING | |
507 | - | BODIES WITHIN TWO THOUSAND SIX HUNDRED FORTY F EET OF THE WELL SITE | |
508 | - | ; | |
569 | + | LL SCHOOLS, CHILD CARE CENTERS , AND SCHOOL | |
570 | + | 4 | |
571 | + | GOVERNING BODIES WITHIN TWO THOUSAND SIX HUNDRED FORTY FEET OF5 | |
572 | + | THE WELL SITE;6 | |
509 | 573 | (VII) P | |
510 | 574 | OLICE DEPARTMENTS, FIRE DEPARTMENTS, EMERGENCY | |
511 | - | SERVICE AGENCIES | |
512 | - | , AND FIRST RESPONDER AGENCIES THAT HAVE A | |
513 | - | JURISDICTION THAT INCLUDES THE WELL SITE | |
514 | - | ; | |
575 | + | 7 | |
576 | + | SERVICE AGENCIES, AND FIRST RESPONDER AGENCIES THAT HAVE A8 | |
577 | + | JURISDICTION THAT INCLUDES THE WELL SITE;9 | |
515 | 578 | (VIII) L | |
516 | 579 | OCAL GOVERNMENTS THAT HAVE A JURISDICTION WITHIN | |
517 | - | TWO THOUSAND SIX HUNDRED FORTY FEET OF THE WELL SITE | |
518 | - | ; | |
519 | - | (IX) T | |
520 | - | HE ADMINISTRATOR OF ANY PUBLIC WATER SYSTEM THAT | |
521 | - | OPERATES | |
522 | - | : | |
580 | + | 10 | |
581 | + | TWO THOUSAND SIX HUNDRED FORTY FEET OF THE WELL SITE ;11 | |
582 | + | (IX) THE ADMINISTRATOR OF ANY PUBLIC WATER SYSTEM THAT12 | |
583 | + | OPERATES:13 | |
523 | 584 | (A) A | |
524 | - | SURFACE WATER PUBLIC WATER SYSTEM INTAKE THAT IS | |
525 | - | LOCATED FIFTEEN STREAM MILES OR LESS DOWNSTREAM FROM THE WELL | |
526 | - | SITE | |
527 | - | ; | |
585 | + | SURFACE WATER PUBLIC WATER SYSTEM INTAKE THAT IS14 | |
586 | + | LOCATED FIFTEEN STREAM MILES OR LESS DOWNSTREAM FROM THE WELL15 | |
587 | + | SITE;16 | |
528 | 588 | (B) A | |
529 | - | GROUNDWATER UNDER THE DIRECT INFLUENCE OF A SURFACE | |
530 | - | WATER PUBLIC WATER SYSTEM SUPPLY WELL WITHIN TWO THOUSAND SIX | |
531 | - | HUNDRED FORTY FEET OF THE WELL SITE | |
532 | - | ; AND | |
533 | - | (C) A PUBLIC WATER SYSTEM SUPPLY WELL COMPLETED IN A TYPE | |
534 | - | III AQUIFER WITHIN TWO THOUSAND SIX HUNDRED FORTY FEET OF THE WELL | |
535 | - | SITE | |
536 | - | ; AND | |
537 | - | (X) THE DIVISION IF: | |
589 | + | GROUNDWATER UNDER THE DIRECT INFLUENCE OF A17 | |
590 | + | SURFACE WATER PUBLIC WATER SYSTEM SUPPLY WELL WITHIN TWO18 | |
591 | + | THOUSAND SIX HUNDRED FORTY FEET OF THE WELL SITE ; AND19 | |
592 | + | (C) A | |
593 | + | PUBLIC WATER SYSTEM SUPPLY WELL COMPLETED IN A TYPE20 | |
594 | + | III | |
595 | + | AQUIFER WITHIN TWO THOUSAND SIX HUNDRED FORTY FEET OF THE21 | |
596 | + | WELL SITE; AND22 | |
597 | + | (X) | |
598 | + | THE DIVISION IF:23 | |
538 | 599 | (A) T | |
539 | - | HERE IS A HIGH-PRIORITY HABITAT AREA WITHIN ONE MILE OF | |
540 | - | THE WELL SITE | |
541 | - | ; OR | |
542 | - | (B) THERE IS A STATE WILDLIFE AREA, AS DEFINED IN SECTION | |
543 | - | 33-1-102 (42), OR A STATE PARK OR RECREATION AREA WITHIN TWO | |
544 | - | THOUSAND SIX HUNDRED FORTY FEET OF THE WELL SITE | |
545 | - | . | |
600 | + | HERE IS A HIGH-PRIORITY HABITAT AREA WITHIN ONE MILE OF24 | |
601 | + | THE WELL SITE; OR25 | |
546 | 602 | (B) T | |
547 | - | HE CHEMICAL DISCLOSURE LIST MUST BE DISCLOSED IN | |
548 | - | PAGE 12-HOUSE BILL 22-1348 ACCORDANCE WITH SUBSECTION (6)(a) OF THIS SECTION WITHIN THIRTY | |
549 | - | DAYS AFTER THE OPERATOR | |
550 | - | 'S RECEIPT OF THE CHEMICAL DISCLOSURE LIST | |
551 | - | FROM THE COMMISSION | |
552 | - | . | |
553 | - | (7) Reporting to the general assembly. (a) (I) T | |
554 | - | HE COMMISSION | |
555 | - | SHALL PREPARE AN ANNUAL REPORT THAT INCLUDES A LIST OF THE | |
556 | - | CHEMICALS USED IN DOWNHOLE OPERATIONS IN THE STATE IN THE PRIOR | |
557 | - | CALENDAR YEAR | |
558 | - | . | |
603 | + | HERE IS A STATE WILDLIFE AREA, AS DEFINED IN SECTION26 | |
604 | + | 33-1-102 | |
605 | + | (42), OR A STATE PARK OR RECREATION AREA WITHIN TWO27 | |
606 | + | 1348 | |
607 | + | -16- THOUSAND SIX HUNDRED FORTY FEET OF THE WELL SITE .1 | |
608 | + | 2 | |
609 | + | (b) THE CHEMICAL DISCLOSURE LIST MUST BE DISCLOSED IN3 | |
610 | + | ACCORDANCE WITH SUBSECTION (6)(a) OF THIS SECTION WITHIN THIRTY4 | |
611 | + | DAYS AFTER THE OPERATOR'S RECEIPT OF THE CHEMICAL DISCLOSURE LIST5 | |
612 | + | FROM THE COMMISSION.6 | |
613 | + | 7 | |
614 | + | 8 | |
615 | + | 9 | |
616 | + | (7) Reporting to the general assembly. (a) (I) T HE COMMISSION10 | |
617 | + | SHALL PREPARE AN ANNUAL REPORT THAT INCLUDES A LIST OF THE11 | |
618 | + | CHEMICALS USED IN DOWNHOLE OPERATIONS IN THE STATE IN THE PRIOR12 | |
619 | + | CALENDAR YEAR.13 | |
620 | + | 14 | |
621 | + | 15 | |
559 | 622 | (II) T | |
560 | 623 | HE COMMISSION SHALL PRESENT THE ANNUAL REPORT TO THE | |
561 | - | TRANSPORTATION AND ENERGY COMMITTEE OF THE SENATE AND THE | |
562 | - | ENERGY AND ENVIRONMENT COMMITTEE OF THE HOUSE OF | |
563 | - | REPRESENTATIVES | |
564 | - | , OR THEIR SUCCESSOR COMMITTEES , DURING THE | |
565 | - | COMMITTEES | |
566 | - | ' HEARINGS HELD PRIOR TO THE 2026 REGULAR SESSION, AND | |
567 | - | EACH SESSION THEREAFTER | |
568 | - | , OF THE GENERAL ASSEMBLY UNDER THE "STATE | |
569 | - | MEASUREMENT FOR ACCOUNTABLE, RESPONSIVE, AND TRANSPARENT | |
570 | - | (SMART) GOVERNMENT ACT", PART 2 OF ARTICLE 7 OF TITLE 2. THE | |
571 | - | COMMISSION SHALL ALSO POST THE REPORT ON THE COMMISSION | |
572 | - | 'S WEBSITE. | |
624 | + | 16 | |
625 | + | TRANSPORTATION AND ENERGY COMMITTEE OF THE SENATE AND THE17 | |
626 | + | ENERGY AND ENVIRONMENT COMMITTEE OF THE HOUSE OF18 | |
627 | + | REPRESENTATIVES, OR THEIR SUCCESSOR COMMITTEES , DURING THE19 | |
628 | + | COMMITTEES' HEARINGS HELD PRIOR TO THE 2026 REGULAR SESSION, AND20 | |
629 | + | EACH SESSION THEREAFTER , OF THE GENERAL ASSEMBLY UNDER THE21 | |
630 | + | "S | |
631 | + | TATE MEASUREMENT FOR ACCOUNTABLE, RESPONSIVE, AND | |
632 | + | 22 | |
633 | + | T | |
634 | + | RANSPARENT (SMART) GOVERNMENT ACT", PART 2 OF ARTICLE 7 OF | |
635 | + | 23 | |
636 | + | TITLE 2. THE COMMISSION SHALL ALSO POST THE REPORT ON THE24 | |
637 | + | COMMISSION'S WEBSITE.25 | |
573 | 638 | (b) N | |
574 | - | OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE | |
575 | - | REQUIREMENT TO REPORT TO THE LEGISLATIVE COMMITTEES CONTINUES | |
576 | - | INDEFINITELY | |
577 | - | . | |
578 | - | (8) Rules. T | |
579 | - | HE COMMISSION MAY PROMULGATE RULES THAT ARE | |
580 | - | NECESSARY FOR THE IMPLEMENTATION AND ADMINISTRATION OF THIS | |
581 | - | SECTION | |
582 | - | . | |
583 | - | (9) Local governments. N | |
584 | - | OTHING IN THIS SECTION OR THE RULES | |
585 | - | PROMULGATED BY THE COMMISSION PURSUANT TO THIS SECTION LIMITS A | |
586 | - | LOCAL GOVERNMENT FROM ENACTING OR ENFORCING ANY ORDINANCE | |
587 | - | , | |
588 | - | REGULATION, OR OTHER LAW RELATED TO THE DISCLOSURE OF ANY | |
589 | - | CHEMICAL PRODUCT | |
590 | - | . | |
591 | - | (10) Collection of chemical disclosure information under other | |
639 | + | OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE26 | |
640 | + | REQUIREMENT TO REPORT TO THE LEGISLATIVE COMMITTEES CONTINUES27 | |
641 | + | 1348 | |
642 | + | -17- INDEFINITELY.1 | |
643 | + | (8) Rules. T HE COMMISSION MAY PROMULGATE RULES THAT ARE2 | |
644 | + | NECESSARY FOR THE IMPLEMENTATION AND ADMINISTRATION OF THIS3 | |
645 | + | SECTION.4 | |
646 | + | (9) Local governments. NOTHING IN THIS SECTION OR THE RULES5 | |
647 | + | PROMULGATED BY THE COMMISSION PURSUANT TO THIS SECTION LIMITS A6 | |
648 | + | LOCAL GOVERNMENT FROM ENACTING OR ENFORCING ANY ORDINANCE,7 | |
649 | + | REGULATION, OR OTHER LAW RELATED TO THE DISCLOSURE OF ANY8 | |
650 | + | CHEMICAL PRODUCT.9 | |
651 | + | (10) Collection of chemical disclosure information under other10 | |
592 | 652 | provisions of law. N | |
593 | 653 | OTWITHSTANDING ANY LAW TO THE CONTRARY , | |
594 | - | NOTHING IN THIS SECTION OR THE RULES PROMULGATED BY THE COMMISSION | |
595 | - | PURSUANT TO THIS SECTION PREVENTS THE COMMISSION | |
596 | - | , THE STATE, OR A | |
597 | - | LOCAL GOVERNMENT FROM COLLECTING CHEMICAL DISCLOSURE | |
598 | - | INFORMATION FROM DISCLOSERS | |
599 | - | , MANUFACTURERS, OR OPERATORS UNDER | |
600 | - | ANY OTHER PROVISION OF LAW | |
601 | - | . | |
602 | - | PAGE 13-HOUSE BILL 22-1348 SECTION 3. Appropriation. (1) For the 2022-23 state fiscal year, | |
603 | - | $61,500 is appropriated to the department of natural resources. This | |
604 | - | appropriation is from the oil and gas conservation and environmental | |
605 | - | response fund created in section 34-60-122 (5)(a), C.R.S. To implement this | |
606 | - | act, the department may use this appropriation for the purchase of | |
607 | - | information technology services. | |
608 | - | (2) For the 2022-23 state fiscal year, $61,500 is appropriated to the | |
609 | - | office of the governor for use by the office of information technology. This | |
610 | - | appropriation is from reappropriated funds received from the department of | |
611 | - | natural resources under subsection (1) of this section. To implement this act, | |
612 | - | the office may use this appropriation to provide information technology | |
613 | - | services for the department of natural resources. | |
614 | - | SECTION 4. Safety clause. The general assembly hereby finds, | |
615 | - | PAGE 14-HOUSE BILL 22-1348 determines, and declares that this act is necessary for the immediate | |
616 | - | preservation of the public peace, health, or safety. | |
617 | - | ____________________________ ____________________________ | |
618 | - | Alec Garnett Steve Fenberg | |
619 | - | SPEAKER OF THE HOUSE PRESIDENT OF | |
620 | - | OF REPRESENTATIVES THE SENATE | |
621 | - | ____________________________ ____________________________ | |
622 | - | Robin Jones Cindi L. Markwell | |
623 | - | CHIEF CLERK OF THE HOUSE SECRETARY OF | |
624 | - | OF REPRESENTATIVES THE SENATE | |
625 | - | APPROVED________________________________________ | |
626 | - | (Date and Time) | |
627 | - | _________________________________________ | |
628 | - | Jared S. Polis | |
629 | - | GOVERNOR OF THE STATE OF COLORADO | |
630 | - | PAGE 15-HOUSE BILL 22-1348 | |
654 | + | 11 | |
655 | + | NOTHING IN THIS SECTION OR THE RULES PROMULGATED BY THE12 | |
656 | + | COMMISSION PURSUANT TO THIS SECTION PREVENTS THE COMMISSION, THE13 | |
657 | + | STATE, OR A LOCAL GOVERNMENT FROM COLLECTING CHEMICAL14 | |
658 | + | DISCLOSURE INFORMATION FROM DISCLOSERS, MANUFACTURERS, OR15 | |
659 | + | OPERATORS UNDER ANY OTHER PROVISION OF LAW .16 | |
660 | + | SECTION 3. Appropriation. (1) For the 2022-23 state fiscal17 | |
661 | + | year, $61,500 is appropriated to the department of natural resources. This18 | |
662 | + | appropriation is from the oil and gas conservation and environmental19 | |
663 | + | response fund created in section 34-60-122 (5)(a), C.R.S. To implement20 | |
664 | + | this act, the department may use this appropriation for the purchase of21 | |
665 | + | information technology services.22 | |
666 | + | (2) For the 2022-23 state fiscal year, $61,500 is appropriated to23 | |
667 | + | the office of the governor for use by the office of information technology.24 | |
668 | + | This appropriation is from reappropriated funds received from the25 | |
669 | + | department of natural resources under subsection (1) of this section. To26 | |
670 | + | implement this act, the office may use this appropriation to provide27 | |
671 | + | 1348 | |
672 | + | -18- information technology services for the department of natural resources.1 | |
673 | + | SECTION 4. Safety clause. The general assembly hereby finds,2 | |
674 | + | determines, and declares that this act is necessary for the immediate3 | |
675 | + | preservation of the public peace, health, or safety.4 | |
676 | + | 1348 | |
677 | + | -19- |