HLS 12RS-184 REENGROSSED
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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 no later than twenty days15
following the completion of hydraulic fracturing stimulation operations and in a16
manner determined by the commissioner 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 REENGROSSED
HB NO. 957
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(c) A list of ingredients contained in the hydraulic fracturing fluid, the1
associated CAS registry number, and the maximum concentration of each ingredient2
in percent by mass that is subject to the requirements of 29 Code of Federal3
Regulations §1910.1200(g)(2). Such rules, regulations, and orders shall provide for4
an ingredient that is subject to trade secret protection under the criteria set forth in5
42 U.S.C. 11042(a)(2), and require the operator to provide the contact information6
of the entity claiming trade secret protection for a listed product and to report, at a7
minimum, in such cases the chemical family associated with such ingredient. An8
operator will not be responsible for reporting information that is not provided to the9
operator due to a claim of trade secret information.10
(2) Nothing in this Subsection shall authorize any person to withhold11
information which is required to be disclosed by state or federal law.12
(3) Any information provided pursuant to the provisions of this Subsection13
shall be subject to examination and reproduction as provided by the Public Records14
Law, R.S. 44:1 et seq, or any other applicable law.15
(4) The provisions of this Subsection shall not apply to wells drilled above16
five thousand feet or to any well drilled in the Caddo Pine Island Field.17
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 20 days after the completion of hydraulic operations 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 in
percent by mass that is subject to certain federal regulations governing the Occupational
Safety and Health Administration. HLS 12RS-184 REENGROSSED
HB NO. 957
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are additions.
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 provide the contact
information of the entity claiming trade secret protection 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.
Proposed law provides that proposed law shall not authorize any person to withhold
information which is required to be disclosed 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.
Proposed law provides that the provisions of proposed law do not apply to wells drilled
above 5,000 feet or to any well drilled in the Caddo Pine Island Field.
(Adds R.S. 30:4(L))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Natural Resources and
Environment to the original bill.
1. Changed from reporting 30 days prior to application of the fluids to 20 days after
completion of hydraulic operations.
2. Required the maximum concentration of ingredients be reported in percent by
mass that is subject to certain federal regulations.
3. Removed the requirement of the operator submitting a claim of a trade secret.
4. Required operators to provide the contact information for the entity claiming a
trade secret.
House Floor Amendments to the engrossed bill.
1. Provided that the provisions of proposed law do not apply to wells drilled above
5,000 feet or to any well drilled in the Caddo Pine Island Field.