Texas 2015 - 84th Regular

Texas House Bill HB3001 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R9483 SMH-F
2	2	By: Guillen H.B. No. 3001
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the information that an operator of a well on which a
8	8	hydraulic fracturing treatment is performed is required to
9	9	disclose.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 91.851(a), Natural Resources Code, is
12	12	amended to read as follows:
13	13	(a) The commission by rule shall:
14	14	(1) require an operator of a well on which a hydraulic
15	15	fracturing treatment is performed to:
16	16	(A) complete the form posted on the hydraulic
17	17	fracturing chemical registry Internet website of the Ground Water
18	18	Protection Council and the Interstate Oil and Gas Compact
19	19	Commission with regard to the well;
20	20	(B) include in the form completed under Paragraph
21	21	(A):
22	22	(i) the total volume of water used in the
23	23	hydraulic fracturing treatment; [and]
24	24	(ii) the source, volume, specific
25	25	composition, and disposition of all water associated with the well,
26	26	including the following information with respect to the water used
27	27	as a base fluid for the well:
28	28	(a) a statement of whether the water
29	29	was produced from a well, was acquired from a water supplier, or was
30	30	diverted from a surface water body; and
31	31	(b) the composition of the water,
32	32	including the total dissolved solids and a description of any major
33	33	or minor cations and anions contained in the water; and
34	34	(iii) each chemical ingredient that is
35	35	subject to the requirements of 29 C.F.R. Section 1910.1200(g)(2),
36	36	as provided by a service company or chemical supplier or by the
37	37	operator, if the operator provides its own chemical ingredients;
38	38	(C) post the completed form described by
39	39	Paragraph (A) on the website described by that paragraph or, if the
40	40	website is discontinued or permanently inoperable, post the
41	41	completed form on another publicly accessible Internet website
42	42	specified by the commission;
43	43	(D) submit the completed form described by
44	44	Paragraph (A) to the commission with the well completion report for
45	45	the well; and
46	46	(E) in addition to the completed form specified
47	47	in Paragraph (D), provide to the commission a list, to be made
48	48	available on a publicly accessible website, of all other chemical
49	49	ingredients not listed on the completed form that were
50	50	intentionally included and used for the purpose of creating a
51	51	hydraulic fracturing treatment for the well. The commission rule
52	52	shall ensure that an operator, service company, or supplier is not
53	53	responsible for disclosing ingredients that:
54	54	(i) were not purposely added to the
55	55	hydraulic fracturing treatment;
56	56	(ii) occur incidentally or are otherwise
57	57	unintentionally present in the treatment; or
58	58	(iii) in the case of the operator, are not
59	59	disclosed to the operator by a service company or supplier. The
60	60	commission rule shall not require that the ingredients be
61	61	identified based on the additive in which they are found or that the
62	62	concentration of such ingredients be provided;
63	63	(2) require a service company that performs a
64	64	hydraulic fracturing treatment on a well or a supplier of an
65	65	additive used in a hydraulic fracturing treatment on a well to
66	66	provide the operator of the well with the information necessary for
67	67	the operator to comply with Subdivision (1);
68	68	(3) prescribe a process by which an entity required to
69	69	comply with Subdivision (1) or (2) may withhold and declare certain
70	70	information as a trade secret for purposes of Section 552.110,
71	71	Government Code, including the identity and amount of the chemical
72	72	ingredient used in a hydraulic fracturing treatment;
73	73	(4) require a person who desires to challenge a claim
74	74	of entitlement to trade secret protection under Subdivision (3) to
75	75	file the challenge not later than the second anniversary of the date
76	76	the relevant well completion report is filed with the commission;
77	77	(5) limit the persons who may challenge a claim of
78	78	entitlement to trade secret protection under Subdivision (3) to:
79	79	(A) the landowner on whose property the relevant
80	80	well is located;
81	81	(B) a landowner who owns property adjacent to
82	82	property described by Paragraph (A); or
83	83	(C) a department or agency of this state with
84	84	jurisdiction over a matter to which the claimed trade secret is
85	85	relevant;
86	86	(6) require, in the event of a trade secret challenge,
87	87	that the commission promptly notify the service company performing
88	88	the hydraulic fracturing treatment on the relevant well, the
89	89	supplier of the additive or chemical ingredient for which the trade
90	90	secret claim is made, or any other owner of the trade secret being
91	91	challenged and provide the owner an opportunity to substantiate its
92	92	trade secret claim; and
93	93	(7) prescribe a process, consistent with 29 C.F.R.
94	94	Section 1910.1200, for an entity described by Subdivision (1) or
95	95	(2) to provide information, including information that is a trade
96	96	secret as defined by Appendix D to 29 C.F.R. Section 1910.1200, to a
97	97	health professional or emergency responder who needs the
98	98	information in accordance with Subsection (i) of that section.
99	99	SECTION 2. The Railroad Commission of Texas shall adopt
100	100	rules under Section 91.851(a), Natural Resources Code, as amended
101	101	by this Act, not later than December 1, 2015.
102	102	SECTION 3. Section 91.851(a), Natural Resources Code, as
103	103	amended by this Act, applies only to a hydraulic fracturing
104	104	treatment performed on a well for which an initial drilling permit
105	105	is issued on or after the date the rules adopted by the Railroad
106	106	Commission of Texas under that subsection as amended by this Act
107	107	take effect. A hydraulic fracturing treatment performed on a well
108	108	for which an initial drilling permit is issued before the date the
109	109	rules take effect is governed by the law as it existed immediately
110	110	before the effective date of this Act, and that law is continued in
111	111	effect for that purpose.
112	112	SECTION 4. This Act takes effect September 1, 2015.