ENROLLED
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ACT No. 812
Regular Session, 2012
HOUSE BILL NO. 957
BY REPRESENTATIVE EDWARDS
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
(c) A list of ingredients contained in the hydraulic fracturing fluid, the21
associated CAS registry number, and the maximum concentration of each ingredient22
in percent by mass that is subject to the requirements of 29 Code of Federal23
Regulations §1910.1200(g)(2). Such rules, regulations, and orders shall provide for24 ENROLLEDHB NO. 957
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an ingredient that is subject to trade secret protection under the criteria set forth in1
42 U.S.C. 11042(a)(2), and require the operator to provide the contact information2
of the entity claiming trade secret protection for a listed product and to report, at a3
minimum, in such cases the chemical family associated with such ingredient. An4
operator will not be responsible for reporting information that is not provided to the5
operator due to a claim of trade secret information.6
(2) Nothing in this Subsection shall authorize any person to withhold7
information which is required to be disclosed by state or federal law.8
(3) Any information provided pursuant to the provisions of this Subsection9
shall be subject to examination and reproduction as provided by the Public Records10
Law, R.S. 44:1 et seq, or any other applicable law.11
(4) The provisions of this Subsection shall not apply to operations conducted12
solely for the purposes of sand control or reduction of near wellbore damage.13
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: