82R26564 SMH-F
By: Keffer, Crownover, Burnam, Parker, H.B. No. 3328
Strama, et al.
Substitute the following for H.B. No. 3328:
By: Keffer C.S.H.B. No. 3328
A BILL TO BE ENTITLED
AN ACT
relating to the disclosure of the composition of hydraulic
fracturing fluids used in hydraulic fracturing treatments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 91, Natural Resources Code, is amended
by adding Subchapter S to read as follows:
SUBCHAPTER S. DISCLOSURE OF COMPOSITION OF HYDRAULIC FRACTURING
FLUIDS
Sec. 91.851. DISCLOSURE OF COMPOSITION OF HYDRAULIC
FRACTURING FLUIDS. The commission by rule shall:
(1) require an operator of a well on which a hydraulic
fracturing treatment is performed to:
(A) complete the form posted on the hydraulic
fracturing chemical registry Internet website of the Ground Water
Protection Council and the Interstate Oil and Gas Compact
Commission with regard to the well;
(B) include in the form completed under Paragraph
(A):
(i) the total volume of water used in the
hydraulic fracturing treatment; and
(ii) each chemical ingredient used in the
hydraulic fracturing treatment, regardless of whether the
ingredient is subject to the requirements of 29 C.F.R. Section
1910.1200(g)(2);
(C) post the completed form described by
Paragraph (A) on the website described by that paragraph or, if the
website is discontinued or permanently inoperable, post the
completed form on another publicly accessible Internet website
specified by the commission; and
(D) submit the completed form described by
Paragraph (A) to the commission with the well completion report for
the well;
(2) require a service company that performs a
hydraulic fracturing treatment on a well or a supplier of an
additive used in a hydraulic fracturing treatment on a well to
provide the operator of the well with the information necessary for
the operator to comply with Subdivision (1);
(3) prescribe a process by which an entity required to
comply with Subdivision (1) or (2) may designate certain
information, including the identity and amount of a chemical
ingredient used in a hydraulic fracturing treatment, as a trade
secret for purposes of Section 552.110, Government Code, or, if
that section is repealed, for purposes of 40 C.F.R. Part 350,
Subpart A;
(4) require a person who desires to challenge a claim
of entitlement to trade secret protection under Subdivision (3) to
file the challenge not later than the second anniversary of the date
the relevant well completion report is filed with the commission;
(5) limit the persons who may challenge a claim of
entitlement to trade secret protection under Subdivision (3) to:
(A) the landowner on whose property the relevant
well is located;
(B) a landowner who owns property adjacent to
property described by Paragraph (A); or
(C) a department or agency of this state; and
(6) prescribe an efficient process for an entity
described by Subdivision (1) or (2) to provide information,
including information that is a trade secret as defined by Appendix
D to 29 C.F.R. Section 1910.1200, to a health professional or
emergency responder who needs the information in accordance with
Subsection (i) of that section.
SECTION 2. Subchapter S, Chapter 91, Natural Resources
Code, as added by this Act, applies only to a hydraulic fracturing
treatment performed on a well for which an initial drilling permit
is issued on or after the date the initial rules adopted by the
Railroad Commission of Texas under that subchapter take effect. A
hydraulic fracturing treatment performed on a well for which an
initial drilling permit is issued before the date the initial rules
take effect is governed by the law as it existed immediately before
the effective date of this Act, and that law is continued in effect
for that purpose.
SECTION 3. The Railroad Commission of Texas shall adopt
rules under Subchapter S, Chapter 91, Natural Resources Code, as
added by this Act, not later than January 1, 2012.
SECTION 4. This Act takes effect September 1, 2011.