HLS 12RS-184 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 957
BY REPRESENTATIVE EDWARDS
MINERALS: Provides for the disclosure of the composition of hydraulic fracturing fluids
AN ACT1
To enact R.S. 30:4(L), relative to hydraulic fracturing; to provide for the authority of the2
commissioner of conservation to promulgate rules, regulations, and orders; to3
provide for the reporting of additives and ingredients of hydraulic fracturing fluid;4
to provide for reporting of certain ingredients with trade secret protection; and to5
provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 30:4(L) is hereby enacted to read as follows:8
§4. Jurisdiction, duties, and powers of the assistant secretary; rules and regulations9
* * *10
L.(1) The commissioner shall make, after notice and hearings as provided11
in this Chapter, any reasonable rules, regulations, and orders that are necessary to12
require the operator of a well, which utilizes the application of fluids with force or13
pressure in order to create artificial fractures in the formation for the purpose of14
improving the capacity to produce hydrocarbons, to report thirty days prior to the15
application of any fracturing fluids and in a manner determined by the commissioner16
the following:17
(a) The type and volume of the hydraulic fracturing fluid.18
(b) A list of additives used, including the specific trade name and the19
supplier of the additive.20 HLS 12RS-184 ORIGINAL
HB NO. 957
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(c) A list of ingredients contained in the hydraulic fracturing fluid, the1
associated CAS registry number, and the maximum concentration of each chemical2
ingredient. Such rules, regulations, and orders shall provide for an ingredient that3
is subject to trade secret protection under the criteria set forth in 42 U.S.C. §110424
(a)(2), and require the operator to submit a claim of entitlement to have the identity5
of such ingredient withheld as a trade secret and to report, at a minimum, in such6
cases the chemical family associated with such ingredient. An operator will not be7
responsible for reporting information that is not provided to the operator due to a8
claim of trade secret information.9
(2) Nothing in this Paragraph shall authorize any person to withhold10
information which is required by state or federal law.11
(3) Any information provided pursuant to the provisions of this Subsection12
shall be subject to examination and reproduction as provided by the Public Records13
Law R.S. 44:1 et seq, or any other applicable law.14
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Edwards HB No. 957
Abstract: Provides for rules and regulations requiring operators to disclose the additives
and ingredients in fracturing fluid.
Proposed law requires the commissioner of conservation to make, after notice and hearings,
any reasonable rules, regulations, and orders that are necessary to require the operator of a
fracking well to report 30 days prior to the application of any fracturing fluids and in a
manner determined by the commissioner.
Proposed law requires the report to contain the type and volume of the hydraulic fracturing
fluid; a list of additives used, including the specific trade name and the supplier of the
additive; and list of ingredients contained in the hydraulic fracturing fluid, the associated
CAS registry number, and the maximum concentration of each chemical ingredient.
Proposed law requires that for an ingredient that is subject to trade secret protection under
the criteria set forth in 42 U.S.C. §11042 (a)(2), the operator shall submit a claim of
entitlement to have the identity of such ingredient withheld and shall report, at a minimum,
the chemical family associated with such ingredient.
Proposed law provides that an operator will not be responsible for reporting information that
is not provided to the operator due to a claim of trade secret information. HLS 12RS-184 ORIGINAL
HB NO. 957
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law provides that proposed law shall not authorize any person to withhold
information which is required by state or federal law.
Proposed law provides that any information provided pursuant to proposed law shall be
subject to examination and reproduction as provided by the Public Records Law R.S. 44:1
et seq, or any other applicable law.
(Adds R.S. 30:4(L))