PRINTER'S NO. 699 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL No.660 Session of 2025 INTRODUCED BY MUTH, FONTANA, KEARNEY, HUGHES, COMITTA, HAYWOOD AND SAVAL, APRIL 28, 2025 REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, APRIL 28, 2025 AN ACT Amending Title 58 (Oil and Gas) of the Pennsylvania Consolidated Statutes, in development, further providing for definitions, for well reporting requirements and for hydraulic fracturing chemical disclosure requirements. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. Section 3203 of Title 58 of the Pennsylvania Consolidated Statutes is amended by adding definitions to read: § 3203. Definitions. The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: * * * "Manufacturer." A person that makes, assembles or otherwise generates a chemical product or whose trade name is affixed to a chemical product. * * * "PFAS chemicals." Perfluoroalkyl and polyfluoroalkyl substances, which are a class of fluorinated organic chemicals 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 containing at least one fully fluorinated carbon atom. * * * Section 2. Section 3222(b.2) of Title 58 is amended and subsection (b.1)(1) is amended by adding a subparagraph to read: § 3222. Well reporting requirements. * * * (b.1) Report contents.-- (1) The completion report shall contain the operator's stimulation record. The stimulation record shall include all of the following: * * * (ix) A written declaration to the department that the chemical product contains no intentionally added PFAS chemicals. * * * (b.2) Trade secret or confidential proprietary information.-- (1) When an operator submits its stimulation record under subsection (b.1), the operator may designate specific portions of the stimulation record as containing a trade secret or confidential proprietary information. The department shall prevent disclosure of a designated trade secret or confidential proprietary information to the extent permitted by the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law , or other applicable State law. (2) On or after July 31, 2025, when an operator is unable to disclose the information required in the stimulation record under subsection (b.1) because disclosure of a chemical product was not furnished by a manufacturer 20250SB0660PN0699 - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 under section 3222.1(d) (relating to hydraulic fracturing chemical disclosure requirements), the operator shall include in the stimulation record all of the following: (i) The name of the manufacturer of the chemical product. (ii) The trade name of the chemical product. (iii) The amount or weight of the chemical product. (iv) A safety data sheet for the chemical product, if a safety data sheet is available for disclosure by the operator. * * * Section 3. Section 3222.1(b)(2), (10) introductory paragraph and (11), (c)(1) and (d) of Title 58 are amended, subsection (b) is amended by adding a paragraph and the section is amended by adding a subsection to read: § 3222.1. Hydraulic fracturing chemical disclosure requirements. * * * (b) Required disclosures.-- * * * (1.1) Except as provided in subsection (d), on or after July 31, 2025, a manufacturer shall furnish the information required under paragraph (2) to a service provider, vendor or operator for a chemical product used in hydraulic fracturing, at the time of sale, or the department, upon request. (2) Within 60 days following the conclusion of hydraulic fracturing, the operator of the well shall complete the chemical disclosure registry form and post the form on the chemical disclosure registry in accordance with regulations promulgated under this chapter in a format that does not link 20250SB0660PN0699 - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 chemicals to their respective hydraulic fracturing additive. When an operator is unable to complete the disclosure registry form and post the information required for the registry because disclosure of a chemical product was not furnished by a manufacturer under subsection (d), the operator shall complete the chemical disclosure registry with all of the following: (i) T he name of the manufacturer of the chemical product. (ii) The trade name of the chemical product. (iii) The amount or weight of the chemical product. (iv) A safety data sheet for the chemical product, if a safety data sheet is available for disclosure by the operator. * * * (10) A vendor, service company [ or], operator or manufacturer shall identify the specific identity and amount of any chemicals claimed to be a trade secret or confidential proprietary information to any health professional who requests the information in writing if the health professional executes a confidentiality agreement and provides a written statement of need for the information indicating all of the following: * * * (11) If a health professional determines that a medical emergency exists and the specific identity and amount of any chemicals claimed to be a trade secret or confidential proprietary information are necessary for emergency treatment, the vendor, service provider [ or], operator or manufacturer shall immediately disclose the information to 20250SB0660PN0699 - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 the health professional upon a verbal acknowledgment by the health professional that the information may not be used for purposes other than the health needs asserted and that the health professional shall maintain the information as confidential. The vendor, service provider [ or], operator or manufacturer may request, and the health professional shall provide upon request, a written statement of need and a confidentiality agreement from the health professional as soon as circumstances permit, in conformance with regulations promulgated under this chapter. (b.1) Declaration required.--A written declaration that the chemical product contains no intentionally added PFAS chemicals shall be furnished by the following: (1) A service provider that performs any part of a hydraulic fracturing treatment and a vendor that provides hydraulic fracturing additives directly to the operator for a hydraulic fracturing treatment, at the time of sale of the service or chemical product, to the operator. (2) A manufacturer that sells or distributes a chemical product for use in a hydraulic fracturing treatment, at the time of sale or distribution, to a service provider, vendor or operator, or the department, upon request. (c) Disclosures not required.--Notwithstanding any other provision of this chapter, a vendor, service provider or operator shall not be required to do any of the following: (1) Disclose chemicals that are not disclosed to it by the manufacturer, vendor or service provider[ .], except that any chemical not disclosed by the manufacturer under subsection (d) shall require disclosure by the vendor, service provider or operator, of all of the following: 20250SB0660PN0699 - 5 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 (i) T he name of the manufacturer of the chemical product. (ii) The trade name of the chemical product. (iii) The amount or weight of the chemical product. (iv) A safety data sheet for the chemical product, if a safety data sheet is available for disclosure by the vendor, service provider or operator. * * * (d) Trade secrets and confidential proprietary information.-- (1) Notwithstanding any other provision of this chapter, a vendor, service company or operator shall not be required to disclose trade secrets or confidential proprietary information to the chemical disclosure registry. (1.1) Notwithstanding any other provision of this chapter, a manufacturer shall not be required to disclose trade secrets or confidential proprietary information to the chemical disclosure registry. (2) The following shall apply to trade secrets or confidential proprietary information under paragraphs (1) and (1.1): (i) If the specific identity of a chemical, the concentration of a chemical or both the specific identity and concentration of a chemical are claimed to be a trade secret or confidential proprietary information, the vendor, service provider or operator may withhold the specific identity, the concentration, or both the specific identity and concentration, of the chemical from the information provided to the chemical disclosure registry. 20250SB0660PN0699 - 6 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 (i.1) If the specific identity of a chemical, the concentration of a chemical or both the specific identity and concentration of a chemical are claimed to be a trade secret or confidential proprietary information of the manufacturer, the manufacturer may withhold the specific identity, the concentration or both the specific identity and concentration of the chemical, from the information provided to the chemical disclosure registry if the manufacturer provides the department with a written declaration of entitlement of nondisclosure, that at a minimum includes for each declared chemical product: (A) T he name of each chemical used in the chemical product. (B) The chemical abstract service number of each chemical used in the chemical product. (ii) Nothing under this paragraph shall prohibit any of the following from obtaining from a vendor, service provider or operator information that may be needed to respond to a spill or release: (A) The department. (B) A public health official. (C) An emergency manager. (D) A responder to a spill, release or a complaint from a person who may have been directly and adversely affected or aggrieved by the spill or release. (iii) Upon receipt of a written statement of need for the information under subparagraph (ii), the information shall be disclosed by the vendor, service provider [or], operator or manufacturer to the requesting 20250SB0660PN0699 - 7 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 official or entity authorized under subparagraph (ii) and shall not be a public record. * * * Section 4. This act shall take effect in 60 days. 20250SB0660PN0699 - 8 - 1 2 3 4