Colorado 2022 Regular Session

Colorado House Bill HB1348 Compare Versions

OldNewDifferences
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
18 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
913 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
98217 (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
103221 (II) "A
104-DDITIVE" INCLUDES PROPPANTS.
222+DDITIVE" INCLUDES PROPPANTS.25
105223 (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
114231 (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
120235 (e) "C
121-HEMICAL DISCLOSURE INFORMATION " MEANS THE
122-INFORMATION DISCLOSED TO THE COMMISSION UNDER SUBSECTIONS
236+HEMICAL DISCLOSURE INFORMATION " MEANS THE8
237+INFORMATION DISCLOSED TO THE COMMISSION UNDER SUBSECTIONS9
123238 (2)(a)(I)
124-AND (3)(a)(I) OF THIS SECTION.
239+AND (3)(a)(I) OF THIS SECTION.10
125240 (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
129243 (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
134247 (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
139251 (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
220305 (u) "T
221306 RADE SECRET" HAS THE MEANING SET FORTH IN SECTION
222-7-74-102 (4).
223-(v) "T
224-YPE III AQUIFER" MEANS AN AQUIFER THAT CONSISTS OF
225-UNCONSOLIDATED GEOLOGIC MATERIAL
226-, INCLUDING ALLUVIAL, COLLUVIAL,
227-OR OTHER CONSOLIDATED MATERIALS .
228-(w) "W
229-ELL SITE" MEANS THE AREA THAT IS DIRECTLY DISTURBED
230-DURING OIL AND GAS OPERATIONS
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
233318 (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
241325 (I) D
242-ISCLOSE TO THE COMMISSION:
326+ISCLOSE TO THE COMMISSION:2
243327 (A) T
244328 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
256345 (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
268354 (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
271357 (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
283367 (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
328398 (f) I
329-N THE EVENT THAT THE DISCLOSER IS UNABLE TO DISCLOSE THE
330-INFORMATION DESCRIBED IN SUBSECTION
331- (2)(a)(I) OF THIS SECTION, THE
332-COMMISSION SHALL OBTAIN THE INFORMATION DESCRIBED IN SUBSECTION
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
335405 (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
341409 (I) D
342-ISCLOSE TO THE COMMISSION:
410+ISCLOSE TO THE COMMISSION:12
343411 (A) T
344-HE DATE OF COMMENCEMENT OF DOWNHOLE OPERATIONS ;
345-PAGE 8-HOUSE BILL 22-1348 (B) THE COUNTY OF THE WELL SITE WHERE DOWNHOLE OPERATIONS
346-ARE BEING OR WILL BE CONDUCTED
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
348416 (C) T
349417 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
363433 (b) (I) (A) F
364-OR A DOWNHOLE OPERATION THAT COMMENCED BEFORE
365-JULY 31, 2023, AND THAT WILL BE ONGOING ON JULY 31, 2023, THE
366-INFORMATION AND DECLARATION REQUIRED TO BE PROVIDED PURSUANT TO
367-SUBSECTION
368- (3)(a) OF THIS SECTION MUST BE PROVIDED TO THE COMMISSION
369-WITHIN ONE HUNDRED TWENTY DAYS AFTER
370-JULY 31, 2023.
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
371441 (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
374444 (II) F
375-OR A DOWNHOLE OPERATION THAT COMMENCES ON OR AFTER
376-JULY 31, 2023, THE INFORMATION AND DECLARATION REQUIRED TO BE
377-PROVIDED PURSUANT TO SUBSECTION
378- (3)(a) OF THIS SECTION MUST BE
379-PROVIDED TO THE COMMISSION WITHIN ONE HUNDRED TWENTY DAYS AFTER
380-THE COMMENCEMENT OF THE DOWNHOLE OPERATION
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
382452 (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
388457 (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
400467 (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
405473 (b) (I) T
406474 HE COMMISSION SHALL INCLUDE IN THE CHEMICAL
407-DISCLOSURE LIST AN ALPHABETICAL LIST OF THE NAMES AND
408-CHEMICAL
409-ABSTRACTS SERVICE REGISTRY NUMBERS OF EACH CHEMICAL USED IN
410-DOWNHOLE OPERATIONS AT THE WELL SITE
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
412480 (II) N
413481 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
425492 (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
429495 (I) T
430-HE TRADE NAME OF A CHEMICAL PRODUCT USED IN DOWNHOLE
431-OPERATIONS AT THE WELL SITE
432-; OR
433-(II) THE TOTAL AMOUNT OF A CHEMICAL IN A CHEMICAL PRODUCT .
434-(d) NO LATER THAN THIRTY DAYS AFTER AN OPERATOR MAKES THE
435-DISCLOSURES REQUIRED UNDER SUBSECTION
436-(3) OF THIS SECTION, THE
437-COMMISSION SHALL
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
439505 (I) P
440-OST THE CHEMICAL DISCLOSURE LIST ON THE CHEMICAL
441-DISCLOSURE WEBSITE AND INCLUDE THE DATE OF THE SUBMISSION OF THE
442-CHEMICAL DISCLOSURE LIST TO THE COMMISSION IN THE POST
443-; AND
444-(II) PROVIDE THE CHEMICAL DISCLOSURE LIST TO THE OPERATOR OF
445-THE APPLICABLE WELL
446-.
447-PAGE 10-HOUSE BILL 22-1348 (e) THE COMMISSION SHALL:
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
448514 (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
459524 (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
463527 (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
475536 (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
480540 (I) A
481541 LL OWNERS OF MINERALS THAT ARE BEING DEVELOPED AT THE
482-WELL SITE
483-;
542+16
543+WELL SITE;17
484544 (II) A
485-LL SURFACE OWNERS, BUILDING UNIT OWNERS, AND RESIDENTS,
486-INCLUDING TENANTS OF BOTH RESIDENTIAL AND COMMERCIAL PROPERTIES ,
487-THAT ARE WITHIN TWO THOUSAND SIX HUNDRED FORTY FEET OF THE WELL
488-SITE
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
490550 (III) T
491551 HE STATE LAND BOARD IF THE STATE OWNS MINERALS THAT
492-ARE BEING DEVELOPED AT THE WELL SITE
493-;
552+22
553+ARE BEING DEVELOPED AT THE WELL SITE ;23
494554 (IV) T
495555 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
505568 (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
509573 (VII) P
510574 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
515578 (VIII) L
516579 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
523584 (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
528588 (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
538599 (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
546602 (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
559622 (II) T
560623 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
573638 (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
592652 provisions of law. N
593653 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-