| CORRECTIVE REPRINT |
| PRIOR PRINTER'S NO. 1507 | PRINTER'S NO. 1521 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY STACK, BOSCOLA, COSTA, GREENLEAF, FARNESE, McILHINNEY, EARLL AND FERLO, AUGUST 30, 2011 |
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| REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, AUGUST 30, 2011 |
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| AN ACT |
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1 | Amending the act of December 19, 1984 (P.L.1140, No.223), |
2 | entitled "An act relating to the development of oil and gas |
3 | and coal; imposing duties and powers on the Department of |
4 | Environmental Resources; imposing notification requirements |
5 | to protect landowners; and providing for definitions, for |
6 | various requirements to regulate the drilling and operation |
7 | of oil and gas wells, for gas storage reservoirs, for various |
8 | reporting requirements, including certain requirements |
9 | concerning the operation of coal mines, for well permits, for |
10 | well registration, for distance requirements, for well casing |
11 | requirements, for safety device requirements, for storage |
12 | reservoir obligations, for well bonding requirements, for a |
13 | Well Plugging Restricted Revenue Account to enforce oil and |
14 | gas well plugging requirements, for the creation of an Oil |
15 | and Gas Technical Advisory Board, for oil and gas well |
16 | inspections, for enforcement and for penalties," providing |
17 | for disclosure of composition of hydraulic fracturing fluids. |
18 | The General Assembly of the Commonwealth of Pennsylvania |
19 | hereby enacts as follows: |
20 | Section 1. The act of December 19, 1984 (P.L.1140, No.223), |
21 | known as the Oil and Gas Act, is amended by adding a section to |
22 | read: |
23 | Section 217. Disclosure of composition of hydraulic fracturing |
24 | fluids. |
25 | (a) The department shall establish a rule to: |
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1 | (1) require an operator of a well on which a hydraulic |
2 | fracturing treatment is performed to: |
3 | (i) complete the form posted on the hydraulic |
4 | fracturing chemical registry Internet website of the |
5 | Ground Water Protection Council and the Interstate Oil |
6 | and Gas Compact Commission with regard to the well; |
7 | (ii) include in the form completed under |
8 | subparagraph (i): |
9 | (A) the total volume of water used in the |
10 | hydraulic fracturing treatment; and |
11 | (B) each chemical ingredient that is subject to |
12 | the requirements of 29 CFR 1910.1200(g)(2) (relating |
13 | to hazard communication); |
14 | (iii) post the completed form described by |
15 | subparagraph (i) on the Internet website described by |
16 | that subparagraph or, if the Internet website is |
17 | discontinued or permanently inoperable, post the |
18 | completed form on another publicly accessible Internet |
19 | website specified by the department; |
20 | (iv) submit the completed form described by |
21 | subparagraph (i) to the department; and |
22 | (v) in addition to the completed form specified in |
23 | subparagraph (iv), provide to the department a list, to |
24 | be made available on a publicly accessible Internet |
25 | website, of all other chemical ingredients not listed on |
26 | the completed form that were intentionally included and |
27 | used for the purpose of creating a hydraulic fracturing |
28 | treatment for the well. The department rule shall ensure |
29 | that an operator, service company or supplier is not |
30 | responsible for disclosing ingredients that: |
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1 | (A) were not purposely added to the hydraulic |
2 | fracturing treatment; |
3 | (B) occur incidentally or are otherwise |
4 | unintentionally present in the treatment; or |
5 | (C) in the case of the operator, are not |
6 | disclosed to the operator by a service company or |
7 | supplier. The department rule shall not require that |
8 | the ingredients be identified based on the additive |
9 | in which they are found or that the concentration of |
10 | such ingredients be provided; |
11 | (2) require a service company that performs a hydraulic |
12 | fracturing treatment on a well or a supplier of an additive |
13 | used in a hydraulic fracturing treatment on a well to provide |
14 | the operator of the well with the information necessary for |
15 | the operator to comply with paragraph (1); |
16 | (3) prescribe a process by which an entity required to |
17 | comply with paragraph (1) or (2) may withhold and declare |
18 | certain information as a trade secret for purposes of section |
19 | 708(b)(11) of the act of February 14, 2008 (P.L.6, No.3), |
20 | known as the Right-to-Know Law, including the identity and |
21 | amount of the chemical ingredient used in a hydraulic |
22 | fracturing treatment; |
23 | (4) require a person who desires to challenge a claim of |
24 | entitlement to trade secret protection under paragraph (3) to |
25 | file the challenge not later than the second anniversary of |
26 | the date the completed form specified in paragraph (1)(iv) is |
27 | filed with the department; |
28 | (5) limit the persons who may challenge a claim of |
29 | entitlement to trade secret protection under paragraph (3) |
30 | to: |
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1 | (i) the landowner on whose property the relevant |
2 | well is located; |
3 | (ii) a landowner who owns property adjacent to |
4 | property described by subparagraph (i); or |
5 | (iii) a department or agency of the Commonwealth; |
6 | and |
7 | (6) prescribe an efficient process for an entity |
8 | described by paragraph (1) or (2) to provide information, |
9 | including information that is a trade secret as defined by |
10 | Appendix D to 29 CFR 1910.1200, to a health professional or |
11 | emergency responder who needs the information in accordance |
12 | with subsection (i) of that section. |
13 | (b) This section applies only to a hydraulic fracturing |
14 | treatment performed on a well for which an initial drilling |
15 | permit is issued on or after the date the initial rules take |
16 | effect. A hydraulic fracturing treatment performed on a well for |
17 | which an initial drilling permit is issued before the date the |
18 | initial rules take effect is governed by the law as it existed |
19 | immediately before the effective date of this act, and that law |
20 | is continued in effect for that purpose. |
21 | (c) The department shall adopt rules to implement this |
22 | section not later than January 1, 2012. |
23 | Section 2. This act shall take effect September 1, 2011. |
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